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Home My WebLink AboutELIAS, CLAUDE & LAURA Town of North Andover Office of the Zoning Board of Appeals ? Community Development and Services Division * i 400 Osgood Street North Andover,Massachusetts 01845 'ss�CHus�t D. Robert Nicetta Building Commissioner Telephone (978)688-9541 Fax (978)688-9542 June 16,2005 Joseph J. Serwatka,P.E. Post Office Box 1016 North Andover,Massachusetts 01845-1016 _..X0 RE: Winter Street,Map 103,Parcel 120 ;mz North Andover,Massachusetts 01845 Regarding your request for a six(6)month extension of your Variance 2004-013: 1 Please be advised that the Zoning Board of Appeals approved a six(6)month extension relative to the premises affected at Winter Street,Map 103,Parcel 120,North Andover,Massachusetts. The Zoning Board of Appeals voted to extend for a period of six-months the Variance granted by the 2004- 013 decision from July 13,2005 to December 13,2005 at the regular June 14,2005 meeting upon a motion by Richard J.Byers and 2 d by Thomas D.Ippolito. Mass.Gen.L.,ch.40A,§10 allows the Variance permit granting authority to"extend the time for exercise of such rights for a period not to exceed six months". Voting in favor: Ellen P.McIntyre,Joseph D.LaGrasse,Richard J.Byers,Albert P.Manzi,III, and Thomas D.Ippolito. P1 1�m Ien P.McIntyre,Chair Zoning Board of Appeals cc: Town Clerk ZBA file 2004-013&035 M103P120. Board of Appeals 978-688-9541 Building 978-688-9545 Conservation 978-688-9530 Health 978-688-9540 Planning 978-688-9535 9 ` MTM 'Like _ Town of North Andover ��'�� ,�� Office of the Planning Department JQYRECEfVEI CE BRADSHAW Community Development and Services DivisidA4 rLERK 900 Osgood Street North Andover,Massachusetts 01845 ' jV4 as Lincoln Daley bfta/www. X001 Tows Planner P(978)6$8-9535 F(978)688-9542 NOTICE OF DECISION 4 1 y Any appeal shalt be flied a m within(20)days after the date of filing this Notice in the office of the Town Date: July 22,2005 ; Clerk. Date of Hearings: April 5,thru May 17,2005 Petition of: Claude& Lauri Elisa 119 Hooker Farm Road,Salem,N.H. 03079 Premises Affected: 9 Winter Street Map 103, Lot 120 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 construction of a single family dwelling within the Watershed with roadway, driveway, installation of utilities,grading and storm water management and erosion control measures, for the purpose of creating a 500' +paved private roadway to a proposed single-family dwelling unit located on Winter Street, Map 103, Lot 120. At a public hearing given on May 17, 2005 the Planning Board voted to APPROVE a Watershed Special Permit,upon a motion made by Richard Nardella(regular member May 05), 2°d by James Phinney,with language as amended,vote was unanimous 4-0. Signed: Lincoln Daley, To Planner, cc: Applicant for the Planning Board Engineer Abutters Town Departments This is to certify that twenty(20)days ATTEST: have elapsed from date of decision,filed A True Copy without filing of an ppeal. Date, s E/? 07 D O JoyCe A,Brtrdshow Town Clerk Town Clerk BOARD OF APPEALS 688-9541 BUn,DIN(i 6334545 CONSERVATION 6364530 EMALTH 688-9510 PLANNING 666.9535 t The Planning Board hereby grants the Watershed Protection District Special Permit,and makes the following findings based on the application of Claude&Laura Elias, 119 Hooker Farm Road, Salem,NH 03079,who submitted this application on March 3,2005. The applicant submitted a complete application which was noticed and reviewed in accordance with Section 4.136, 10.3,and 10.31 of the Town of North Andover Zoning Bylaw and MGL c.40A sec. 9. Y The area affected includes the unimproved section hon of Winter Street in the R-1 Zoning District Pro mng and is identified as 0 Winter Street, Map 103,Lot 120. The applicant is requesting a watershed special permit to permit certain work related to the construction of 12' x 500'+impervious private roadway("driveway")and related grading in the Conservation,Non-Discharge,and Non- Disturbance Zone of the Watershed Protection District. The purpose of the project is to create an access roadway to the single-family residential dwelling unit located on Map 103,Lot 120. The parcel was created in 1997 and is subject to the Watershed Protection District provision for lot created after October 24, 1994. In accordance with 4.136 the Planting Board makes the finding that the intent of the Bylaw,as well as its specific criteria, are met. Specifically the Planning Board makes the following FINDINGS OF FACT: 1. That as a result of the proposed construction in conjunction with other uses nearby, there will not be significant degradation of the quality or quantity of water in or entering Lake Cochichewick. The Planning Board bases this finding on the following facts: a) The proposed permanent roadway, asphalt berm, water main, hydrant, and drainage infrastructure will remain private and be maintained in perpetuity by the owner of the subject lot,Map 103,Lot 120 and is subject to all of the conditions set forth in the approved Definitive Subdivision decision dated March 17,2005. b) A deed restriction will be placed restricting the types of chemicals (fertilizers, pesticides, herbicides,and salts)that can be used on the private roadway. c) The topography of the existing unimproved section of Winter Street will not be altered substantially. The roadway design allows for minimal wetland impacts and is designed to follow the contours and topography of the existing unimproved section of Winter Street. d) The construction of roadway improvements will be limited to the area within the existing stonewalls along Winter Street. Said roadway was designed to limit of disturbance and impact on the bordering water resource areas and will not exceed twelve(12) feet in width of impervious surface. e) Certification has been provided by a registered professional engineer that the single-family residential dwelling unit and associated driveway will not have an effect on the quality or quantity of runoff entering the watershed protection district. f) The construction of the single-family residential dwelling unit and associated driveway has been reviewed by the Town's Engineer and with the application of the erosion control C Watershed Special Permit—Winter Street Roadway Improvements Map 103,Lot 20 Conditional Approval Winter Street measures, there will be negligible degradation to the quality or quantity of water in or entering Lake Cochichewick or any water resources areas. 2. There is no reasonable alternative location outside the Conservation,Non-Discharge,and Non- Disturbance Zones for any discharge or construction activity. 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 zone; 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 meets the minimum lot area requirements for a lot within the R-1 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. Upon reaching the above findings,the Planning Board approves this Special Permit based upon the following conditions: 1) SPECIAL CONDITIONS: a) 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. b) Erosion Control Monitor: The applicant must retain the services of an Erosion Control Monitor to inspect the site during construction activities, specifically during installation of the driveway and utility connections. The Erosion Control Monitor shall conduct weekly inspections and provide a monthly written report of the site conditions and recommended stabilization measures. Disturbed slope s shall be immediately seeded. c) This permit shall meet all of the requirements and conditions stated in the Definitive Subdivision Plan Decision issued March 17,2005 for Map 103,Lot 120. 2) PRIOR TO ISSUANCE OF A BUILDING PERMIT: Page 3 of 5 , 4 Watershed Special Permit—Winter Street Roadway Improvements Map 103,Lot 20 Conditional Approval Winter Street a) A performance guarantee of S1,000.00 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 and stormwater management measures as shown on the plan must be in place and reviewed by the Town Planner. c) No pesticides,fertilizers,salts,or other chemicals shall be applied within the right-of-way or directly to the private roadway. 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. 3) PRIOR TO RELEASE OF THE PERFORMANCE BOND: 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, sediment and oil separator, private roadway layout, 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 fiirther impact the site other than as proposed on the plan referenced below. 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. S) This permit shall be deemed to have lapsed after a two- (2) year period from the date May 17, 2005 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: a) Prepared for: Claude&Laura Elias Prepared by: Joseph J. Serwatka,P.E. Page 4 of 5 Watershed Special Permit—Winter Street Roadway Improvements Map 103,Lot 20 Conditional Approval Winter Street P.O.Box 1016 North Andover,MA 01845 Scale: 1"=20' Sheets: 1 and 2 Date: April 20,2005 and revised June 6,2005 cc. Conservation Administrator Director of Public Works Health Administrator Building Inspector Police Chief Fire Chief Applicant Engineer Abutters Assessor DPW File Page 5 of 5 Town of North Andover RECE1vEi Office of the Planning DepartmentJOYCE BRADSHAW •�,� .- -�,- Conimun ty Development and Services DiViSf6ff 14 `TERK 400 Osgood Sbwt North Andover,Massachusetts 01895 tJ� 2S Lincoln Daley :/Iwrvw.tawnofnorthandoverca� Town Planner P(978)688-9535 F(978)688-9:5.12 NOTICE OF DECISION 4 1 s Any appeal shall be filed 2� within(20)days after the date of filing this Notice in the office of the Town Date: July 22,2005 , Clerk. Date of Hearing. April 5,thm May 17,2005 Petition of Claude&lAura Elias. 119 Hooker Farm Road, Salem,N.H.03079 Premises Affected: 9 Winter Street Map 103,Lot 120 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 construction of a single family dwelling within the Watershed with roadway, driveway, installation of utilities,grading and storm water management and erosion control measures, for the purpose of creating a 500' +paved private roadway to a proposed single-family dwelling unit located on Winter Street,Map 103,Lot 120. At a public hearing given on May 17, 2005 the Planning Board voted to APPROVE a Watershed Special Permit,upon a motion made by Richard Nardella(regular member May 05), 2'd by James Phinney,with language as amended, vote was unanimous 4-0. Signed: Lincoln Daley, To Planner, cc: Applicant for the Planning Board Engineer Abutters Town Departments BOARD OF APPEALS 68MS41 13UILDM0688-MS CONSERVATION""530 HEALTH U"50 PLANNING U"53S ti The Planning Board hereby grants the Watershed Protection District Special Permit, and makes the following findings based on the application of Claude&Laura Elias, 119 Hooker Farm Road, Salem,NH 03079,who submitted this application on March 3, 2005. The applicant submitted a complete application which was noticed and reviewed in accordance with Section 4.136, 10.3,and 10.31 of the Town of North Andover Zoning Bylaw and MGL c.40A, sec. 9. The area affected includes the unimproved section of Winter Street in the R-1 Zoning District and is identified as 0 Winter Street, Map 103 , Lot 120. The applicant is requesting a watershed special permit to permit certain work related to the construction of 12' x 500'+impervious private roadway("driveway")and related grading in the Conservation,Non-Discharge,and Non- Disturbance Zone of the Watershed Protection District. The purpose of the project is to create an access roadway to the single-family residential dwelling unit located on Map 103,Lot 120. The parcel was created in 1997 and is subject to the Watershed Protection District provision for lot created after October 24, 1994. 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. 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 significant degradation of the quality or quantity of water in or entering Lake Cochichewick. The Planning Board bases this finding on the following facts: a) The proposed permanent roadway, asphalt berm, water main, hydrant, and drainage infrastructure will remain private and be maintained in perpetuity by the owner of the , subject lot, Map 103,Lot 120 and is subject to all of the conditions set forth in the approved Definitive Subdivision decision dated March 17,2005. b) A deed restriction will be placed restricting the types of chemicals (fertilizers, pesticides, herbicides,and salts)that can be used on the private roadway. c) The topography of the existing unimproved section of Winter Street will not be altered substantially. The roadway design allows for minimal wetland impacts and is designed to follow the contours and topography of the existing unimproved section of Winter Street. d) The construction of roadway improvements will be limited to the area within the existing stonewalls along Winter Street. Said roadway was designed to limit of disturbance and impact on the bordering water resource areas and will not exceed twelve(12) feet in width of impervious surface. e) Certification has been provided by a registered professional engineer that the single-family residential dwelling unit and associated driveway will not have an effect on the quality or quantity of runoff entering the watershed protection district. f) The construction of the single-family residential dwelling unit and associated driveway has been reviewed by the Town's Engineer and with the application of the erosion control f Watershed Special Permit—Winter Street Roadway Improvements Map 103,Lot 20 Conditional Approval Winter Street measures, there will be negligible degradation to the quality or quantity of water in or entering Lake Cochichewick or any water resources areas. 2. There is no reasonable alternative location outside the Conservation,Non-Discharge, and Non- Disturbance Zones for any discharge or construction activity. 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 zone; 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 meets the minimum lot area requirements for a lot within the R I 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. Upon reaching the above findings,the Planning Board approves this Special Permit based upon the following conditions: 1) SPECIAL CONDITIONS: a) 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. b) Erosion Control Monitor: The applicant must retain the services of an Erosion Control Monitor to inspect the site during construction activities, specifically during installation of the driveway and utility connections. The Erosion Control Monitor shall conduct weekly inspections and provide a monthly written report of the site conditions and recommended stabilization measures. Disturbed slopes shall be immediately seeded. c) This permit shall meet all of the requirements and conditions stated in the Definitive Subdivision Plan Decision issued March 17,2005 for Map 103,Lot 120. 2) PRIOR TO ISSUANCE OF A BUILDING PERMIT: Page 3 of 5 t Watershed Special Permit—Winter Street Roadway Improvements Map 103,Lot 20 Conditional Approval Winter Street a) A performance guarantee of S1,000.00 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 and stormwater management measures as shown on the plan must be in place and reviewed by the Town Planner. c) No pesticides,fertilizers,salts,or other chemicals shall be applied within the right-of-way or directly to the private roadway. 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 fik. 3) PRIOR TO RELEASE OF THE PERFORMANCE BOND: 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, sediment and oil separator, private roadway layout, 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 constructionbe allowed to further impact the site other than as proposed on the plan referenced below. 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 May 17, 2005 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: a) Prepared for: Claude&Laura Elias Prepared by: Joseph J. Serwatka,P.E. Page 4 of 5 Watershed Special Permit—Winter Street Roadway Improvements Map 103,Lot 20 Conditional Approval Winter Street P.O.Box 1016 North Andover,MA 01845 Scale: 1"=20' Sheets: I and 2 Date: April 20,2005 and revised June 6,2005 cc. Conservation Administrator Director of Public Works Health Administrator Building inspector Police Chief Fire Chief Applicant Engineer Abutters Assessor DPW File Page S of 5 ' t AORT" °'t•�•° •'�� Town of North Andover Office of the Planning Department JOYCE BRAMSHAW Community Development and Services DiCLF-RK 400 Osgood Street North Andover,Massachusetts 01845 3 ;:5 Lincoln Daley bu://www.tommo-f overcont Town Planner P(978)688-9535 F(978)688-9542 NOTICE OF DECISION Any appeal shall be filed within(20) days after the date of filing this Notice in the office of the Town Date: July 22,2005 Clerk. Date of Hearings: April 5,thru May 17,2005 Petition of: Claude& Laura Elias. 119 Hooker Farm Road, Salem,N.H. 03079 Premises Affected: 9 Winter Street Map 103,Lot 120 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 construction of a single family dwelling within the Watershed with roadway, driveway, installation of utilities, grading and stormwater management and erosion control measures, for the purpose of creating a 500' +'paved private roadway to a proposed single-family dwelling unit located on Winter Street,'Map 103,Lot 120. At a public hearing given on May 17, 2005 the Planning Board voted to APPROVE a Watershed Special Permit,upon a motion made by Richard Nardella(regular member May 05), 2"d by James Phinney,with language as amended, vote was unanimous 4-0. Signed: Lincoln Daley, To Planner, cc: Applicant for the Planning Board Engineer Abutters Town Departments BOARD OF APPEALS 6884541 BUILDING 688-9545 CONSERVATION 688-9530 HEALTH 6894540 PLANNING 688-9535 Watershed Special Permit—Construction of Single-Family Residence Map 103,Lot 20 Conditional Approval Winter Street The Planning Board hereby grants the Watershed Protection District Special Permit, and makes the following findings based on the application of Claude& Laura Elias, 119 Hooker Farm Road, Salem,NH 03079, who submitted this application on March 3,2005. The applicant submitted a complete application which was noticed and reviewed in accordance with Section 4.136, 10.3, and 10.31 of the Town of North Andover Zoning Bylaw and MGL c.40A, sec. 9. The area affected includes Map 103, Lot 20(identified as 0 Winter Street)and a portion of the unimproved section of Winter Street in the R-1 Zoning District. The applicant is requesting a Watershed Special Permit to allow certain work related to the construction of a single-family dwelling unit, associated driveway, and related grading in the Non-Disturbance Zone of the Watershed Protection District. The parcel was created in 1997 and is subject to the Watershed Protection District provision for lot created after October 24, 1994. 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. 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 b significant degradation of the quality or quantity of water in or entering Lake not a gn gra q ty q ty Cochichewick. The Planning Board bases this finding on the following facts: a) The proposed structure will be connected to Town water and sewer systems. In accordance with the Zoning Board of Appeals' decisions issued July 21, 2004, the proposed single- family dwelling unit will be the last residential unit allowed for Map 103, Lot 120. Said parcel will not be further subdivided; b) A deed restriction will be placed restricting the types of chemicals (fertilizers, pesticides, herbicides,salts)that can be used on the private roadway and on the site; c) The topography of the site and existing unimproved section of Winter Street will not be altered substantially; d) The construction of the single-family dwelling will be restricted to the limits of the Conservation Zone as depicted on said plans below and the allowable contiguous buildable area stated in the Zoning Board of Appeals' decision issued July 21,2004; e) Certification has been provided by a registered professional engineer that the single-family residential dwelling unit and associated driveway will not have an effect on the quality or quantity of'runoff entering the watershed protection district; f) The construction of the single-family residential dwelling unit and associated driveway has been reviewed by the Town's Engineer and with the application of the erosion control measures, there will be negligible degradation to the quality or quantity of water in or entering Lake Cochichewick or any wetlands. Page 2 of 5 Watershed Special Permit—Construction of Single-Family Residence Map 103,Lot 20 Conditional Approval Winter Street 2. There is no reasonable alternative location outside the Non-Disturbance Zones for any discharge or construction activity. 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 zone; 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 meets the minimum lot area requirements for a lot within the R-1 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. Upon reaching the above findings,the Planning Board approves this Special Permit based upon the following conditions: 1) SPECIAL CONDITIONS: a) The Town Planner shall approve any changes'made to the plans referenced below. Any changes deemed substantial by the Town Planner would require a public hearing and modification by the Planning Board. b) Erosion Control Monitor: The applicant must retain the services of an Erosion Control Monitor to inspect the site during construction activities, specifically during installation of the driveway and utility connections. The Erosion Control Monitor shall conduct weekly inspections and provide a monthly written report of the site conditions and recommended stabilization measures. Disturbed slopes shall be immediately seeded; and c) The single-family dwelling must contain a residential fire sprinkler system. The plans and hydraulic calculations for each residential system shall be submitted for review and approval by the North Andover Fire Department. Plans and hydraulic calculations for .each residential system must also be supplied to the Building Department. d) This permit shall meet all of the requirements and conditions stated in the Definitive Subdivision Plan Decision issued March 17 2005 for Map 103, Lot 120. Page 3 of 5 . Watershed Special Permit—Construction of Single-Family Residence Map 103,Lot 20 Conditional Approval Winter Street 2) Prior to issuance of a building permit: a) A performance guarantee of $1,000.00 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 and stormwater management measures as shown on the plan must be in place and reviewed by the Town Planner. c) No pesticides, fertilizers, salts, or other chemicals will be used on the site. 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. 3) Prior to release of the Performance Bond: 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, sediment and oil separator, private roadway layout, 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 planreferenced below. 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 May 17, 2005 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: a) Plan titled: "Winter Street Improvements and Watershed Special Permit Plan" Page 4 of 5 Watershed Special Permit—Construction of Single-Family Residence Map 103,Lot 20 Conditional Approval Winter Street Prepared for: Claude& Laura Elias Prepared by: Joseph J. Serwatka,P.E. P.O. Box 1016 North Andover,MA 01845 Scale: 1" 20' Sheets: 1 and 2 Date: April 20,2005 and revised June 6,2005 cc. Conservation Administrator Director of Public Works Health Administrator Building Inspector Police Chief Fire Chief Applicant Engineer Abutters Assessor DPW File Page 5 of 5 ` tiORTF/ , ``° '••'"� Town of North Andover RECEIVED Office of the Planning DepartmenvoycEBRADSHAW Community Development and Services Diu : . .4. 4� 1SSACHUg�� 400 Osgood Street North Andover,Massachusetts 01845 Lincoln Daley http://www•townofnorthandover.com Town Planner P(978)688-9535 F(978)688-9542 NOTICE OF DECISION Any appeal shall be filed within(20) days after the date of filing this Notice in the office of the Town Date: July 22,2005 Clerk. Date of Hearings: April 5,thru May 17,2005 Petition of: Claude& Laura Elias 119 Hooker Farm Road, Salem,N.H. 03079 Premises Affected: 9 Winter Street Map 103, Lot 120 Referring to the above petition for a Definitive Subdivision. The application was determined to be complete and was noticed and reviewed in accordance with the procedures for review and approval in accordance with the Rules&Regulations Governing the Subdivision of Land and M.G.L. c 41 (the"Subdivision Control Law"). So as to allow the construction of street improvements, installation of storm water management and erosion control measures, installation of underground utilities to the unimproved section of Winter Street for the purpose of creating a 500'+paved private roadway to a proposed single-family dwelling unit located on Map 103, Lot 120. At a public hearing given on May 17, 2005 the Planning Board voted to APPROVE a Definitive Subdivision,upon a motion made by Richard Nardella(regular member May 05), 2nd by James Phinney, with language as amended, vote was unanimous 4-0. Signed: U /" 4 Lincoln Daley, Town Planner, cc: Applicant for the Planning Board Engineer Abutters Town Departments N 8 -9540 �:J1RD OF APPEALS 689-9541 BUILDMG 688A345 CONSERVATION 688-9530 HEALTIi b 8 PLANNING 688-9533 Winter Street Definitive Subdivision Map 103,Lot 20 Conditional Approval Winter Street The Planning Board, by unanimous vote, herein APPROVES the Definitive Subdivision for the improvements to the unimproved section of Winter Street for the purpose of creating a 500'+ private roadway to a single-family dwelling unit located on Map 103, Lot 120. Claude & Laura Elias, 119 Hooker Farm Road, Salem,NH 03079, submitted this application on March 14, 2005. The application was determined to be complete and was noticed and reviewed in accordance with the procedures for review and approval in accordance with the Rules and Regulations Governing the Subdivision of Land and M.G.L. c. 41 (the "Subdivision Control Law). The area affected is located off Winter Street in the Residential 1 (R1) Zoning District and is shown on Assessors Map 103,Lot 120. The Planning Board makes the following findings as required by the Rules and Regulations Governing the Subdivision of Land: A. The Definitive Plan, dated March 30, 2005, revised April 20, 2005 satisfies the requirements of the Planning Board Rules and Regulations regarding the subdivision of land. The above referenced plans are complete and technically adequate. B. The approved Definitive Plan has due regard for the provision of adequate access to the lot in the subdivision by ways that will be safe and deemed satisfactory for travel. The plan has been reviewed by the Town engineer and has been found to be acceptable in that it provides adequate access to the single-family dwelling unit. C. The approved Definitive Plan secures safety in the case of fire, flood, panic and other emergencies. The new roadway and driveway will provide satisfactory access to the home during emergency situations. The Definitive Plan has been reviewed by the Division of Public Works ("DPW') and the appropriate public safety agencies and has been found to be acceptable. The installation of a fire hydrant on the property and a residential fire sprinkler system has been implemented to further ensure the safety of property and life during an emergency. D. The approved Definitive Plan secures adequate provisions for water, sewerage, drainage, underground utility services, fire, police and other similar municipal equipment, and other requirements where necessary in a subdivision. The Definitive Plan has been reviewed by the appropriate public safety agencies and has been found to be acceptable. E. The Definitive Plan is in conformance with the purpose and intent of the Subdivision Control Law. The roadway improvements will be constructed to minimize the environmental impact on the wetland resource areas. The improved section of Winter Street, the asphalt berm, the water main, the hydrant, and drainage infrastructure as shown of plan listed below will remain private and will be maintained in perpetuity by the owner and successors of subject lot. F. The Definitive Plan complies with all of the review comments submitted by various town departments in order to comply with state law, town by-laws and insure the public health, safety and welfare of the owners of said property and the Town. Page 2 of 9 Winter Street Definitive Subdivision Map 103,Lot 20 Conditional Approval Winter Street G. The Definitive Plan conforms to the design and construction standards described in these Rules and Regulations, the attached Appendices, and in accordance with the DPW's acceptable standards for roadway construction with the exceptions of waivers granted in Condition#18. H. The Definitive Plan conforms with all applicable zoning requirements. I. The construction of the single-family dwelling will be restricted to the limits of the Conservation Zone as depicted on said plans below and the allowable contiguous buildable area stated in the Zoning Board of Appeals' decision issued July 21,2004; J. The North Andover Zoning Board of Appeals issued two decisions for this parcel of land and proposed private roadway improvements on July 21, 2004 (petition #2004-013) and January 18, 2005 (petition#2004-035). K. The North Andover Conservation Commission issued two Order of Conditions for this parcel and associated roadway improvements both rendered on May 25, 2005: DEP File Number 242-1309: Roadway, Driveway and Utilities for the single-family dwelling unit and DEP File Number 242-1300: Single-Family Dwelling Unit located on Map 103, Lot 120. Finally, the Planning Board finds that the Definitive Subdivision complies with all Town Bylaw and Board of Health standards and requirements so long as the following conditions are complied with: 1) Environmental Monitor: The applicant shall designate an independent environmental monitor who shall be chosen in consultant with the Planning Department. The Environmental Monitor must be available upon four (4) hours' notice to inspect the site with the Planning Board designated official. The Environmental Monitor shall make weekly inspections of the project and file monthly reports to the Planning Board throughout the duration of the project. The monthly reports shall detail area of non-compliance, if any and actions taken to resolve these issues. 2) Prior to endorsement of the plans by the Planning Board the applicant shall adhere to the following: a) A Site Opening Bond in the amount of $1,000 to be held by the Town of North Andover. The Site Opening Bond shall be in the form of a check made out to the Town of North Andover that will be placed into an interest bearing escrow account.A covenant (FORM I) securing the remaining lot within the subdivision for the construction of ways and municipal services must be submitted to the Planning Board. Said lots may be released from the covenant upon posting of security as required in Condition 6. Page 3 of 9 Winter Street Definitive Subdivision Map 103, Lot 20 Conditional Approval Winter Street b) The applicant must submit to the Town Planner a FORM M for all utilities and easements placed on the subdivision. c) All subdivision application fees must be paid in full and verified by the Town Planner. d) The applicant must meet with the Town Planner in order to ensure that the plans conform to the Board's decision. A full set of final plans reflecting the changes requested by the Planning Board, which include, but not limited to, those changes outlined in the Public Works' memorandum dated May 12, 2005 and Fire Department's April It, 2005 correspondence,must be submitted to the Town Planner for review prior to endorsement by the Planning Board, within ninety (90) days of filing the decision with the Town Clerk. e) The Subdivision Decision for this project must appear on the mylars. h) All documents shall be prepared at the expense of the applicant, as required by the Planning Board Rules and Regulations Governing the Subdivision of Land. 3) Prior to ANY WORK on site: a) Yellow "Caution" tape must be placed along the limit of clearing and grading as shown on the plan. The Planning Staff must be contacted prior to any cutting and or clearing on site. The applicant shall then supply a copy of a plan, certified by a registered professional engineer, certifying that the 'limit of clearing and grading have been cut in accordance with the approved plans. b) All erosion control measures as shown on the plan must be in place and reviewed by the Town Planner. c) The applicant will be required to obtain permits from the Department of Public Works prior to any water and sewer utility work. d) A pre-construction meeting must be held with the developer, their construction employees, the Planning Department, and Conservation Department to discuss scheduling of inspections and inspections to be conducted on the project. 4)Throughout and During Construction: a) Dust mitigation and roadway cleaning must be performed weekly, or as deemed necessary by the Town Planner,throughout the construction process. b) Any stockpiling of materials (dirt, wood, construction material, etc.) must be shown on a plan and reviewed and approved by the Planning Staff. Any approved piles must remain covered at all times to minimize any dust problems that may occur with adjacent properties. Any stock piles to remain for longer than one week must be fenced off and covered. Page 4 of 9 Winter Street Definitive Subdivision Map 103,Lot 20 Conditional Approval Winter Street c) Hours of operation during construction are limited from 7 a.m. to 5 p.m., Monday through Friday and 8 a.m.—5 p.m. on Saturdays. 5) Prior the lot being released from the statutory covenants: a) Three (3) complete copies of the endorsed and recorded subdivision plans and one (1) certified copy of the following documents: recorded subdivision approval, recorded Covenant (FORM I), and recorded FORM M must be submitted to the Town Planner as proof of recording. b) The applicant must submit a lot release FORM J to the Planning Board for signature. c) A Performance Security in an amount to be determined by the Planning Board, shall be posted to ensure completion of the work in accordance with the Plans approved as part of this conditional approval. The bond must be in the form acceptable to the North Andover Planning Board. Items covered by the Bond may include,but shall not be limited to: i) as-built drawings; ii) sewers and utilities; iii) roadway construction and maintenance; iv) lot and site erosion control; vi) drainage facilities; vii) site restoration and wetlands mitigation; and viii)final site cleanup 6) Prior to a FORM U verification for an individual lot,the following information is required by the Planning Department: a) The applicant must submit a certified copy of the recorded FORM J referred to in Condition 5(c)above. b) A plot plan for the lot in question must be submitted,which includes all of the following: i) location of the structure, ii) location of the driveways and roadway, iii) location of all water and sewer lines, iv) location of all drainage infirastructure, v) location of wetlands and any site improvements required under a NACC orders of condition, vi) any grading called for on the lot, vii)all required zoning setbacks, and vii) location of any drainage,utility and other easements. c) All appropriate erosion control measures for the lot shall be in place. The Planning Board or Staff shall make final determination of appropriate measures. Page 5 of 9 Winter Street Definitive Subdivision Map 103,Lot 20 Conditional Approval Winter Street d) Lot numbers,visible from the roadways must be posted on the lot. e) An as-built plan must be submitted to the Division of Public Works for review and approval prior to acceptance of the sewer and water appurtenances for use. f) The roadway must be constructed to at least binder coat of pavement to properly access the lot in question. Prior to construction of the binder coat, the applicant shall ensure that all required inspection and testing of water, sewer, and drainage facilities has been completed. The applicant must submit to the Town Planner and the Department of Public Works an interim as-built, certified by a professional engineer, verifying that all utilities have been installed in accordance with the plans and profile sheet. The sewer manholes along the roadway must be at finish grade and accessible to DPW staff at all times. g) The applicant shall adhere to the following requirements of the North Andover Fire Department and the North Andover Building Department: 1) The single-family dwelling must contain a residential fire sprinkler system. The plans and hydraulic calculations for each residential system shall be submitted for review and approval by the North Andover Fire Department. Plans and hydraulic calculations for each residential system must also be supplied to the Building Department. 7) Prior to a Certificate of Occupancy being requested for an individual lot, the following shall be required: a) All necessary permits and approvals for the lot in question shall be obtained from the North Andover Board of Health and Conservation Commission. b) A permanent house number must be posted on dwelling and be visible from the private roadway. c) All roadway work must be completed and inspected by the DPW and Planning Department. d) The residential fire sprinkler system must be installed in accordance with referenced standard NFPA 13D and in accordance with 780 CMR, Chapter 9 of the Massachusetts State Building Code. Certification that the system has been installed properly in accordance with the above referenced regulations must be provided from both the North Andover Fire Department and the North Andover Building Department to the applicant. The applicant must then provide this certification to the North Andover Planning Department. e) The driveway along Winter Street, the Winter Street improvements, the asphalt berm, the water main, the hydrant, drainage infrastructure, and underground utilities will be owned and maintained in perpetuity by the owner and successors of said property. Further, snow removal for said roadway will be the responsibility of the owner and successors of said property in perpetuity. The applicant shaU incorporate these conditions as a deed Page 6 of 9 Winter Street Definitive Subdivision Map 103,Lot 20 Conditional Approval Winter Street restriction and a copy of the recorded deed shall be submitted to the Town Planner and included in the file. 8) Prior to the final release of security retained for the site by the Town, the following shall be completed by the applicant: a) An as-built plan and profile of the site shall be submitted to the DPW and Planning Department for review and approval. 9) The Applicant shall ensure that all Planning, Conservation Commission, Board of Health and Division of Public Works requirements are satisfied and that construction was in strict compliance with all approved plans and conditions. 10)The applicant will be required to post signs indicating a"Private Way" at the beginning of the improved section of roadway on Winter Street. The Town Planner will review any signs posted for this project. 11)The applicant shall adhere to the following requirements of the Fire Department: a) Open burning is allowed by permit only after consultation with the Fire Department. b) The privately owned improved section of Winter Street must be maintained year round, particularly during winter snow periods and remain clear of vehicles. c) The fire hydrant will be maintained year-round and remain clear of vehicles and other obstructions at all times. 12)There shall be no burying or dumping of construction material on site. 13)Tree cutting shall be kept to a minimum throughout the project to minimize erosion, to protect the water resource areas, and preserve the natural features of the site. The limit of clearing is restricted to area outside the Conservation Zone as depicted on the plans below. 14)The contractor shall contact Dig Safe at least 72 hours prior to commencing any excavation. 15)Gas, Telephone, Cable, and Electric utilities shall be installed as specified by the respective utility companies. 16)The utilities must be installed and the roadway improvements constructed to binder coat two(2) years from the date of this approval. If the utilities are not installed,the roadway improvements are not constructed to binder coat and the Planning Board has not granted an extension by the above referenced date,this definitive subdivision approval will be deemed to have lapsed. Page 7 of 9 Winter Street Definitive Subdivision Map 103, Lot 20 Conditional Approval Winter Street 17)Any action by a Town Board, Commission,or Department, or owner which requires changes in the roadway alignment, placement of any easements or utilities, drainage facilities, grading or no cut lines,may be subject to modification by the Planning Board. ' 18)The following waivers from the Rules and Regulations Governing the Subdivision of Land, North Andover,Massachusetts have been GRANTED by the Planning Board since it has been determined such action is in the public interest and is not inconsistent with the State Subdivision Control Law. Additionally, these waivers for the proposed privately maintained roadway are being granted so as to minimize the impervious paving, grading and earthwork required to complete the improvements to the unimproved section of Winter Street as the project is located within a sensitive area of the Watershed Protection District and water resource areas: a) Waiver from Section 6.7.2, Improving Existing Streets has been granted. The Winter Street roadway improvements are for the purpose of creating a privately owned and maintained roadway to the subject parcel, Map 103, Lot 120 and will not be further extended. Said improvements minimize the extent of environmental impact on the water resource areas by reducing the amount of impervious surface and utilizing the existing natural grades and topography for construction. The roadway improvements have been reviewed by the DPW and the appropriate public safety agencies and have been found to be acceptable and conform to the minimum standards allowed. b) Waiver from Section 6.8.1 has been granted. With the inclusion of a residential fire sprinkler system, the installation of a fire hydrant, and the privatization of the roadway, utilities, and drainage infrastructure, the DPW and appropriate public safety agencies determined that the design and roadway layout meet the minimum roadway standards allowed for access and public safety. c) Waiver from Section 6.9, Curbing has been granted. The roadway improvements along Winter Street are for the purpose of creating a privately owned and maintained roadway to the subject parcel, Map 103, Lot 120. Due to the nature of this definitive subdivision, the construction of curbing is unwarranted. d) Waiver from Section 6.11, Sidewalks has been granted. The roadway improvements along Winter Street are for the purpose of creating a privately owned and maintained roadway to the subject parcel, Map 103, Lot 120. Due to the nature of this definitive subdivision, the construction of sidewalks is unwarranted. e) Waiver from Section 6.14, Storm Drainage has been granted. The storm drainage plan and utilities as shown on said plans referenced below were reviewed by the DPW and deemed adequate to ensure the proper management of storm water run-off and recharge. f) Waiver from Section 621, Street Lighting has been granted. Due to the nature of this definitive subdivision,the installation of streetlights is unwarranted. Page 8 of 9 Winter Street Definitive Subdivision Map 103,Lot 20 Conditional Approval Winter Street 18) The Town Planner shall approve any insubstantial change to the above-referenced plans and reports. Any changes deemed substantial by the Town Planner shall be presented to the Planning Boardfor its determination of whether such changes would merit a public hearing or meeting, and/or formal modification of this decision. 19) This Definitive Subdivision Plan approval is based upon the following information which is incorporated into this decision by reference: a) Prepared for: Claude&Laura Elias Prepared by: Joseph J. Serwatka,P.E. P.O. Box 1016 North Andover,MA 01845 Scale: 1" 20' Sheets: 1 and 2 Date: April 20,2005 and revised June 6,2005 Page 9 of 9 Town of North Andover N°R*H Office of the Zoning Board of Appeals Community Development and Services Division 27 Charles Street4799 " �=3�• ` ' North Andover,Massachusetts 01845 CNusE``y D. Robert Nicetta Telephone(978)688-9541 Building Commissioner Fax(978)688-9542 Any appeal shall be filed Notice of Decision within(20)days after the Year 2004 date of filing of this notice in the office of the Town Clerk. Property at: for Premises at:Winter Street NAME: Claude&Laura Elias,119 Hooker Farm HEARING(S): June 8&July 13,2004 Road, Salem,NH ADDRESS: for premises at:Winter Street PETITION: 2004-013 North Andover,MA 01845 TYPING DATE: July 21,2004 The North Andover Board of Appeals held a public hearing at its regular meeting on Tuesday,July 13,2004 at 7:30 PM in the Senior Center, 120R Main Street,North Andover,Massachusetts upon the application of Claude&Laura Elias, 119 Hooker Farm Road,Salem,NK for premises at:Winter Street(Map 103 Parcel 120)North Andover,requesting Variance from Section 7,Paragraphs 7.1.1 for Contiguous Buildable Area, 7.2&Table 2,for Street Frontage,and 7.3&Table 2 for dimensional relief of yard setbacks in order to construct a single-family home. Said premises affected is property with frontage on the South side of Winter Street within the R 1 zoning district. The legal notices were published in the Eagle Tribune on May 24&31, 2004. The following members were present: John M.Pallone,Ellen P.McIntyre,Joseph D.LaGrasse,and Richard J.Byers. Upon a motion by John M.Pallone and 2'by Richard J.Byers,the Board voted to GRANT the dimensional Variance from Section 7,Paragraph 7.1.1 of the Zoning Bylaw for relief of 9,190 sq.ft.of contiguous buildable area per Plan of Land in North Andover,Massachusetts as prepared for Santo&Anne Messina, Date May 4,2004,Revisions 5/18/04 Added Sheet 2,7/13/04 Req'd Buildable Area Note Added,Job No.04- 27 F.B.69/02,by Joseph J. Serwatka,Registered Professional Civil Engineer#36981,Pembroke Land Survey Co.,P.O.Box 205,Salem,New Hampshire 03079,an the following conditions: 1. DPW extends Winter Street along the frontage line of Map 103,Parcel 120. 2. The Mylar shall consolidate the information from the above May 4,2004,and 7/13/04 revision sheets 1 &2 in order to show the proposed building envelope,the building's dimensions and setbacks from the lot lines,the available contiguous buildable area and the Registered Professional seal 3. This lot,Map 103 Parcel 120,shall not be further subdivided. 4. Claude&Laura Elias shall submit a letter of authorization from Santo&Anne Messina for the ZBA files, Voting in favor: John M.Pallone,Ellen P.McIntyre,Joseph D.LaGrasse,and Richard J.Byers. The Board finds that the 7/13/04 Sheet 2,the proposed building envelope as shown does not require relief from Section 7;Paragraph 7.3 and Table 2 and if Winter Street is extended,then the applicant does no%eed relief from Section 7,Paragraph 7.2 and Table 2. Also,the Board finds that the applicant has satisfied-&-e provisions of Section 10,paragraph 10.4 of the Zoning Bylaw and that the granting of this variance wibjiot ti adversely affect the neighborhood or derogate from the intent and purpose of the Zoning Bylaw. N Pagel of 2 u m .J V)Li i -� - -F b N - Board of Appeals 978-688-9541 Building 978-688-9545 Conservation 978-688-9530 Health 978-688-9540 Planning078-689-9535 Town of North Andover f p°RT►/ Office of the Zoning Board of Appeals F?+: ° Community Development and Services Division 27 Charles Street " °+ • + ` North Andover,Massachusetts 01845 �'sc"Nus D. Robert Nicetta Telephone(978)688-9541 Building Commissioner Fax(978)688-9542 Furthermore,if the rights authorized by the Variance are not exercised within one(1)year of the date of the grant,it 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,it shall lapse and may be re-established only after notice,and a new hearing. Town of North Andover Board of Appeals, V Ellen P.McIntyre,Chair 2004-013. M103P120. Page 2 of 2 Board of Appeals 978-688-9541 Building978-688-9545 Conservation978-68R-9530 Heahh978-688-9540 P%anning978-688-9535 Town of North Andover NORr~ Office of the Zoning Board of Appeals Cosi> uty Development and Services Division , 400 Osgood Street J.i f pD 1-': I'}tftth Andover,Massachusetts 01845 Baa eco' D. Robert Nicetta Building Commissioner Telephone(978)688-9541 Fax (978)688-9542 Any appeal shall be filed Notice of Decision within(20)days ager the Year 2005 date of filing of this notice in the office of the Town Clerk. Propemat: Winter Street 103,Parcel 120 NAME: Claude dt Laura Elias, 119 Hooker HEARING(S): January 11,2005 Farm Road,Salem,NH ADDRESS: Winter Street 103,Parcel 120 PETPI'IONr 2004-035 North Andover,MA 01845 TYPING DATE: January 18 2005 The North Andover Board of Appeals held a public hearing at its regular meeting in the Town Hall top floor meeting room, 120 Main Street,North Andover,MA on Tuesday,January 11,2005 at 7:30 PM upon the application of Claude&Lanrs Elia,119 Hooker Farm Road,Salem,NH,for premises at:Wnrter Street(Map 103,Parcel 120)North Andover requesting a Variance from Section 4,Paragraph 4.136.3.C.ii(3)of the Zoning Bylaw in order to contract a single family dwelling with the rear and side comers in the 100'buffer from bordering vegetated wetlands and within the Water Protection District's Non-Disturbance Buffer Z We. Said pan=affected is property with frontage on the South side of Winter Shoot within the R 1 zoning distric L The legal notices were published in the Eagle Tribune on. December 27,2004&January 3 2005 and sent to all airs. The following members were present: John M.Pallone,Ellen P:McIntyre,Richard J.Byers,Albert P. Manu,III and David R.Webster. The following non-voting members were present Thomas D.Ippolito and Richard M Vaillancourt: Upon a motion by Richard J.Byers and a by John M Palloat,the Board voted to GRANT a Variance to allow construction of a new permanent structure,a single family dwelling under Section 4,Parageaph 4.136.3.C.ii(3)of the Zoning Bylaw,Watershed Protection District's Nat Disturbance Zone per Plan of Land in North Andover,Massachusetts as prepared for Santo&Anne Messina by Joseph L Serwatka Registered Professional Civil Engineer#36981,Pembroke Land Survey Co.,P.O.,Box 205,Salem,New Hampshire,03079,date May 4,2004,rev.7/13/04,7/30/04,11/19/04 Building Env.Dim.&Offsets Rev'd,&12/02/04 Offsets to 100'Buffer Added-Job No.04-27 F.B.69!02;with the remaining conditions from decision 2004-013 gamed July 13,2004. 1. DPW extends Winter Street along the frontage use of Map 104 Paned 120. 2. This 104 Map 103 Parcel 120,shall not be further subdivided. Voting in favor. John M.Pallone,Ellen P.McInty m Richard J Byers,Albert P.Manzi,III and David R Webster. The Board finds that the applicant has satis60d theFOvia of Section 4,Paragraph 4.136.3.C.ii(3)and Section 10,pwWVh 10.4 of the Zoning Bylaw in that the granting of this variance,adding a single-family dwelling on a 12.9 acre lot,will not adversely affect the neighborhood nor will it derogate from the intent and purpose of the Zoning Bylaw. Pages 1 oft Board of Appeals 978-68&9541 Building 978-68&9545 Conservation 978-688-9530 Health 978-688-9540 Planning 978-688-9333 Town of North Andover Office of the Zoning Board of Appeals Community Development and Services Division , 400 Osgood Street `;� "` ,,.►' # North Andover,Massachusetts 01845 _"�►+� D.Robert Nicetta Building Commissioner Telephone(978)688-9541 Fax (978)688-9542 Furthermore,if the rights authorized by the Variance are not exercised within one(1)year of the date of the grant,it shall lapse,and may be re-established only after notice,and a new hearing Furthermore if a Special Permit granted vada 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,it shall lapse and may be re-established only afla notice,and a new hearing. Town of North Andover Board of Appeals, Ellen P.McIntyre, Decision 2004-035. M103P120. Page 2 of Board of Appeals 978-688-9541 Building 978-688-9545 Conservation 978.688=9530 Heahh 978-6889540 Planning 978-688-9535 Town of North Andover N�tM Office of the Zoning Board of Appeals Community Development and Services Division ; 400 Osgood Street ' °* •-�--• ' D. Robert Nicetta North Andover, Massachusetts 01845 'ss�c►an� Building Commissioner Telephone (978)688-9541 Fax (978)688-9542 June 16,2005 Joseph J. Serwatka,P.E. Post Office Box 1016 North Andover,Massachusetts 01845-1016 C� io F 2 >Dr4�' { RE: Winter Street,Map 103,Parcel 120 3s *�r-)rn North Andover,Massachusetts 01845 Y► Regarding your request for a six(6)month extension of your Variance 2004-013: Please be advised that the Zoning Board of Appeals approved a six(6)month extension relative to the premises affected at Winter Street,Map 103,Parcel 120,North Andover,Massachusetts. The Zoning Board of Appeals voted to extend for a period of six-months the Variance granted by the 2004- 013 decision from July 13,2005 to December 13,2005 at the regular June 14,2005 meeting upon a motion by Richard J.Byers and T"by Thomas D.Ippolito. Mass.Gen.L.,ch.40A, §10 allows the Variance permit granting authority to"extend the time for exercise of such rights for a period not to exceed six months". Voting in favor Ellen P.McIntyre,Joseph D.LaGrasse,Richard J.Byers,Albert P.Manzi,III, and Thomas D.Ippolito. pA0 Ellen P.McIntyre,Chair Zoning Board of Appeals cc: Town Clerk ZBA file 2004-013&035 M103P120, Board of Appeals 978-688-9541 Building 978-688-9545 Conservation 978-688-9530 Health 978-688-9540 Planning 978-688-9535 Town of North Andovera NORTN ° Office of the Zoning Board of Appeals °A Community Development and Services Division , 400 Osgood Street s��bw;roe North Andover,Massachusetts 01845 ss�c►ws D. Robert Nicetta Building Commissioner Telephone(978)688-9541 Fax (978)688-9542 Legal Notice North Andover, Board of Appeals Notice is hereby given that the Board of Appeals will hold a public hearing in the toy floor meeting room of the Town Hall, 120 Main Street,North Andover, MA on Tuesday the 11t1i of January, 2005 at 7:30 PM to all parties interested in the appeal of Claude,,+ Laura Elias, 119 Hooker Farm Road,Salem,NH, for premises at: Winter Street (leap 103, Parcel 120)North Andover requesting a Variance from Section 4, Paragraph 4.136.3.C.ii(3)of the Zoning Bylaw in order to construct a single family dwelling with the rear and side corners in the 100' buffer from bordering vegetated wetlands and within the Water Protection District's Non-Disturbance Buffer Zone. Said premises affected is property with frontage on the South side of Winter Street within the R-1 zoning district. Plans are available for review at the office of the Building Department, 400 Osgood Street,North Andover, MA Monday through Friday from the hours of 8:30AM to 4:30PM By order of the Board of Appeals Ellen P. McIntyre, Chair Published in the Eagle Tribune on December 27, 2004&January 3 2005. Legahiotice 2004-035. M103PlX Board of Appeals 978-688-9541 Building 978-688-9545 Conservation 978-688-9530 Health 978-688-9540 Planning 978-688-9535 Town of North Andover pORT1i C� fice of the Zoning Board of Appeals 0? Com n- ul hity Development and Services Division - n off-.«�«w....,�. 400 Osgood Street �''s•,�,D rf North Andover,Massachusetts 01845 D. Robert�Nicetta Building Conrrrtisszoner Telephone(978)688-9541 Fax (978)688-9542 Any appeal shall be filed Notice of Decision within(20)days after the Year 2005 date of filing of this notice in the office of the Town Clerk. Pro at: Winter Street 103,Parcel 120 NAME: Claude&Laura Elias, 119 Hooker HEARING(S): January 11,2005 Farm Road,Salem,NH ADDRESS: Winter Street(Map 103,Parcel 120) PETITION: 2004-035 North Andover,MA 01845 TYPING DATE: January 18,2005 The North Andover Board of Appeals held a public hearing at its regular meeting in the Town Hall top floor meeting room, 120 Main Street,North Andover,MA on Tuesday,January 11,2005 at 7:30 PM upon the application of Claude&Laura Elias, 119 Hooker Farm Road,Salem,NH,for premises at:Winter Street(Map 103,Parcel 120)North Andover requesting a Variance from Section 4,Paragraph 4.136.3.C.ii(3)of the Zoning Bylaw in order to construct a single family dwelling with the rear and side corners in the 100'buffer from bordering vegetated wetlands and within the Water Protection District's Non-Disturbance Buffer Zone. Said premises affected is property with frontage on the South side of Winter Street within the R-1 zoning district. The legal notices were published in the Eagle Tribune on December 27,2004&January 3 2005 and sent to all abutters. The following members were present: John M Pallone,Ellen P.McIntyre,Richard J.Byers,Albert P. Manzi,III and David R Webster. The following non-voting members were present: Thomas D.Ippolito and Richard M Vaillancourt. Upon a motion by Richard J.Byers and.2°d by John M.Pallone,the Board voted to GRANT a Vadanc:e to allow construction of a new permanent structure,a single family dwelling,under Section 4,Paragraph 4.136.3.C.ii(3)of the Zoning Bylaw,Watershed Protection District's Non Disturbance Zone per Plan of Land in North Andover,Massachusetts as prepared for Santo&Anne Messina by Joseph J. Serwatka, Registered Professional Civil Engineer#36981,Pembroke Land Survey Co.,P.O.Box 205,Salem,New Hampshire,03079,date May 4,2004,rev.7/13/04,7/30/04, 11/19/04 Building Env.Dim&Offsets Rev'd.,&12/02/04 Offsets to 100'Buffer Added-Job No.04-27 F.B.69/02;with the remaining conditions from decision 2004-013 granted July 13,2004. 1. DPW extends Winter Street along the frontage line of Map 103,Parcel 120. 2. This lot,Map 103 Parcel 120,shall not be further subdivided. Voting in favor: John M.Pallone,Ellen P.McIntyre,Richard J.Byers,Albert P.Manzi,III and David R Webster. The Board finds that the applicant has satisfied the provisions of Section 4,Paragraph 4.136.3.C.ii(3)and Section 10,paragraph 10.4 of the Zoning Bylaw in that the granting of this variance,adding a single-family dwelling on a 12.9 acre lot,will not adversely affect the neighborhood nor will it derogate from the intent and purpose of the Zoning Bylaw. Pagel of 2 Board of.Appeals 978-688-9541 Building 978-688-9545 Conservation 978-688-9530 Health 978-688-9540 Planning 978-688-9535 Town of North Andover NoaTN of Office of the Zoning Board of Appeals �? ``y'' °A Community Development and Services Division 400 Osgood Street North Andover,Massachusetts 01845 'sswcHusE� D. Robert Nicetta B�rildzn�C�animisszoner Telephone(978)688-9541 Fax (978)688-9542 Furthermore,if the rights authorized by the Variance are not exercised within one(1)year of the date of the grant,it 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, it shall lapse and may be re-established only after notice,and a new hearing. Town of North Andover Board of Appeals, Ellen P.McIntyre, air Decision 2004-035. M103P120. Page 2 of 2 Board of Appeals 978-688-9541 Building 978-688-9545 Conservation 978-688-9530 Health 978-688-9540 Planning 978-688-9535 Town of North Andover ,tom•'r•.�o Office of the Zoning Board of Appeals Community Development and Services Division F ms 's • +► 400 Osgood Street �► keno North Andover,Massachusetts 01845 swc►�ri D. Robert Nicetta BuddingCommissionerTelephone(9"�}688-951 _ Fax (9j$)688-9542, Legal Notice North Andover, Board of Appeals Notice is hereby given that the Board of Appeals will hold a public hearing in the top floor meeting room of the Town Hall, 120 Main Street,North Andover,MA on Tuesday the 11"of January, 2005 at 7:30 PM to all parties interested in the appeal of Claude& Laura Elias, 119 Hooker Farm Road, Salem,NH, for premises at: Winter Street(Map 103, Parcel 120)North Andover requesting a Variance from Section 4, Paragraph 4.136.3.C.ii(3)of the Zoning Bylaw in order to construct a single family dwelling with the rear and side comers in the 100' buffer from bordering vegetated wetlands and within the Water Protection District's Non-Disturbance Buffer Zone. Said premises affected is property with frontage on the South side of Winter Street within the R 1 zoning district. Plans are available for review at the office of the Building Department, 400 Osgood Street,North Andover, MA Monday through Friday from the hours of 8:30AM to 4:30PM By order of the Board of Appeals Ellen P. McIntyre,Chair Published in the Eagle Tribune on December 27, 2004 &January 3 2005. Legalnotice 2004-035. M103P120. A$n�Z-C,w A° ma� m °91-° o oc M mm o: mno �CpommS �mM° �gs+m=�3moZ �w z . Si I z O a� m m w c � m o v C� DNS0. °Kwirx° '° 0° �o o m ro®ag > D-3� �tA�� °° !$np�En °o�3 mm� °��ca rn S2 1° 1 c7+n> 09 o we »�� "mr6'}m�moFgi° «((((((�� m, J Board of Appeals 978-688-9541 Building 978-688-9545 Conservation 978-688-9530 Health 978-688-9540 Planning 978-688-9535 ' r TOWN OF NORTH ANDOVER VARIANCE �r 4'�,oRrh•s ZONING BOARD OF APPEALS ~ c . NAME: SSC„U5 ADDRESS OF APPEAL: Procedure & Requirements for an Application for a Variance Ten (10) copies of the following information must be submitted thirty(qj0 days prior to the first public hearing. STEP 6: SCHEDULING OF FEARING AND Failure to submit the regtked information within the PREPARATION OF LEGAL NOTICE: time periods prescribed may result in a dismissal by the The Office of the Zoning Board at Appeals schedules Zoning Board of an application as incomplete. the applicant for a hearing dateand prepares the legal The information herein is an abstract of more notice for mailing to the partiesin interest(abutters)and specific-,requirements lined in the Zoning Board for publication in the newspaper~ The petitioner is Rules ad Regulations and is not meant to notified that the legal notice hasbeen prepared and the supersede them. The petitioner will complete items cost of the Party in Interest fee. that are underlined STEP 7: DELIVERY OF LEGAL NOTICE TO NEWSPAPER STEP 1: ADMINISTRATOR PERMIT DENIAL: The petitioner picks up the legal rotice from the Office The petitioner applies for a Building Permit and of the Zoning Board of Appealsard delivers the legal receivers a Zoning Bylaw Denial form completed by the notice to the local newspaper publication. Building Commissioner. • STEP 8: PUBLIC HEARING BEFORE THE ZONING STEP 2: VARIANCE APPLICATION FORM: BOARD OF APPEALS: Petitioner completes an application form to petition the The petitioner should appear in Wher behalf, or be Board of Appeals for a Variance. All information as represented by an agent or attoaey. In the absence of required in items 1 through and including 11 shall be any appearance without due cause on behalf of the completed. petitioner;the Board shall decide on the matter by using the information it has otherwise receive. STEP 3: PLAN PREPARATION: Petitioner submits all of the required plan information as STEP 9: DECISION: cited in section 10, page 4 of this form. After the hearing, a copy of the Beard's decision will be sent to all parties in interest. Any appeal of the Board's STEP 4: LIST OF PARTES IN INTEREST: decision may be made pursuantlD Massachusetts The petitioner requests theAssessors Office to compile General Law ch. 40A sec. 17,vAin twenty (20) days a certified list of all Partiesia Interest(abutters). after the decision is filed with OwTown Clerk. STEP 5: SUBMIT APPLICATION: STEP 10: RECORDING THE DECISION AND PLANS. Petitioner submits one(1)edginal and 10 Xerox copies The petitioner is responsible for awrding certification of of all the required informaiimn to the Town Clerk's Office the decision and any accompanying plans at the Essex to be certified by the Tcvjn Clerk with the time and date County, North Registry of Deeds,381 Common St., of filing. The original will be left at the Town Clerk's Lawrence MA, and shall complete the Certification of Office, and the 10 Xerox copies will be left with the Recording form and forward it toft Zoning Board of Zoning Board of Appeals secretary. Appeals and the Building DeparBment. IMPORTANT PHONE NUMBERS: 978-688-9533 Office of Community Dev & Services 978-688-9501 Town Clerk's Office 27 Charles Street, North Andover, MA 978-688-9566 Assessor's Office 01845 978-688-9542 fax for Community Development offices 978-aQ$9545 , Ruij,cling Department 978- 9 41 ZonIng� � of Appeals Office DEG 2004 �� PAGE I Of 4 BOARD OF APPEALS r z PAGE20F4 Application for a VARIANCE NORTH ANDOVER ZONING BOARD OF APPEALS 1. Petitioner: *Name, *a dress and telephone number: o� 7 "The petitioner shall be entered on the legal notice and the decision as entered above. 2. Owners of Land: Name, Address, Telephone number, and number of years under this ownership: D O/ g 0p- - 2 Years Owned Land: 3. Location of Property: a. Street: N 72:—�4 Zoning District: ,� f b. Assessors: Map number. ID Lot Number: c. Registry of Deeds: Book Number: 4-7h Ira Page Numbet. 4. Zoning Bylaw Section(sr under which the petition for the Variance is made. "Refer to the Zoning Bylaw Denial and Plan Review Narrativefonn as supplied by.the Buikling Commissioner. 5. Describe the Variance request: VA-&I A-t l e-15 k4-= foe- 0-o t-4 or'- N C W D W Fz-cr4_i t4d!- i!u -T rtE' 9F3, - �Q VjIT:tzteT(S Nola— The above description shall be used for the purpose of the legal nofte and dedslon. A mare detailed description is required pursuant tw*w Zoning BoardRules and Regulations as cited on page 4,Section 9 a t*&application.Faihue by the applicant to describe the request dear may result in a decision that does not address the intent of the applicant. The decision will be Imbed to the request by the applicant and wW not involve additional items not included above. 6 A. Difference from Zoning Bylaw,requirements: Indicate the dimensions)that wilt not meet current Zoning Bylaw Requirements. (Two lines,A and B are in case of a lot split) Lot Area Open Space Percentage Lot Frontage Parking Sq. Ft. Sq. Ft. Coverage Feet Spaces Front Side A Side B Rear A. % B. Page 3 of 4 Application fora VARIANCE : 3:+-,1-- 6. s +t6. b. Existing Lot: Lot Area Open Space Percent Lot Frontage Parking Minimum Lot set Back" Sq. Ft. Sq. Ft, Coverage Feet Spaces Front Side A Side B Rear c. Proposed Lot (S): Lot Area Open Space Percent Lot Frontage Parking Minimum Lot set Back' Sq. Ft. Sq. Ft. Coverage Feet Spaces Front Side A Side B Rear 30 -3 0�0 d. Required Lot: (As required by Zoning By-Law) Lot Area Open Space Percent Lot Frontage Parking Minimum Lot set Back Sq. Ft. Sq. Ft. Coverage Feet Spaces Front Side A Side B Rear Zz J/2,0 -A 175 30 7. a. Existing Buildings: Ground Floor Number of Total Use of Square feet Floors Sq. feet Building* 'Reference Uses from the Zoning ey-Law.State number of units in building. b. Proposed Buildings: Ground Floor Number of Total c Use of Square feet Floors Sq. feet Building* "Reference Uses from the Zoning By-Law. State number of units in building. 6. Petitioner and Landowner signature (s): Every application for a Variance shall be made on this form which is the official form of the Zoning Board of Appeals. Every application shall be filed with the Town Cleric'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 the Zoning Board of Appeals 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 Zoning Board Rules and Regulations may result in a dismissal by the Zoning Board of this application as incom lete. Si natu Z=777- Ic Type above name (s) here ,� 7 `y5 i Y Zoning Bylaw Denial ' Town Of North Andover Building Department ' 400 Osgood St. North Andover, AAA. 01845 Phone 87841118-91M Fax 878444542 Street: ► ,� . Ma Lot: C� Applicant: Request: f'�1Z _ Go. .— Date: 'n c c PI""be advised that after review of your Application and Plans that your Application is DENIED for the following Zoning Bylaw reasons: Zoning Item Notes Item Notes A Lot Area F Frontage �( n-- 1 Lot area Insufficient 1 Frontage Insufficient 2 Lot Area P"?O*ng 2 Frontage Complies 3 Lot Area Complies 3 Preexisting fro 4 Insufficient Information 4 Insufficient information B Use 5 No access over Frontage 1 Allowed - G Contiguous Building Area �}- 2 Not Allowed 4 Insufficient Area 3 Use Preexisting 2 Complies 4 Special Permit Required 3 Prewdsting CBA 5 Insufficient information 4 Insufficient Information C Setback H Building Height 1 All setbacks comply (b, !J D 1 Height Exceeds Maximum 2 Front insufficient (,F 2 Complies 3 Left Side insufficient r3 3 Preexisting Height 4 Right Side insufficient N© 4 Insufficient Information 5 Rear insufficient Ba 1 Building Coverage 6 Preexists setbacks ' 1 Coverage exceeds maximum 7 Insufficient Information 2 Cove a Complies D Watershed 3 Coverage Preexisting 1 Not in Watershed 4 Insufficient Information 2 In Watershed c5 j Sign ry- 3 Lot prior to 10V24 994 1 ' n not allowed 4 Zone to be Determined Z Sign Complies 5 Insufficient Information 3 Insufficient Information E Historic DistrictLr K Parking Allt 1 in District review required 1 More Parking Required 2 Not in district 2 Parking Complies 3 Insufficient Information3 insufficient Information ,:T- 4 1 Pre-exitsting Parking Re for the above is checked below. Item s Special Permits planning Board hem s Variance Site Plan Review Special Permit Setback Variance pio at, ?�ry Access other than Frontage Special Permit Parldng Variance Frontage Lot Special Permit Lot Area Variance Common Dinvyway Special Permit Height Variance CongregateCongEegate Housing Special Permit Variance for Sign Cafinuing Care Retirement Special Permit $ sal Permits ZAMing Board Independent Ejdwiy Housing Special Permit Special Permit Non-Conforming Use ZBA Large Estate Condo Special Permit Earth Removal Special Permit ZBA Planned Development District Special Permit Special Permit Use not Listed but Similar Planned Residential Special Permit Qi—cR Permit for Si n R-6 Density Special Permit Special Permit preexisting nonconforming Watershed Special Permit The above review and attached eplorrtion of such is based on the plans and information submitted. No defautive review and or advice shall be bawd on verbal 60an bons by the wphcant nor dW such verbal eopMnatian by the appYcard serve to defective Provide answers b the above reason for DENIAL. Any waccxraciss hfomndioro or other subsequent changes to the iMormation , ', III ed by the applicant doll be guinds for ttcs review to be voided at the disore6on of the Bing Department.The attached document Med'PM Review NwOW dei be atlachad hereto and incorporated herein by raferer►ce. The b Aft depah-M will Milt ata Plane and doarmerdoon far the above lie.You must Me a new buildirg pemRapplicationformandbe&vapsrrrdo prooeas. i o Bui rtment Signature Applicatlori Rerasived Ap Den' Denial Sent:--1 If Faxed Phone Ntunbed/Dstx'9 Z$ �a3.�.�,�M I;L-13_OY r Pian Review Narrative The following narrative is prided to further explain the reasons for denial for the application/ permit for the property indicted on the reverse side: Cel t2 u C. gA7— LL JTHE- r OXL u C'- a rz�,P Referred To: Fire Health Police Zoning Board Consenieition Dmmrbnent d Public Works Ram Historical Commission Other BUILDING DEPT July 15, 2004 Santo & Anne Messina 115 Winter Street North Andover, MA 01845 Town of North Andover Zoning Board of Appeals North Andover, MA 01845 To Whom It May Concern: We, Santo and Anne Messina grant permission to Joseph Serwatka, P.E., to represent our interest in the property known as Winter Street. In order to help us procure variances and permits related to such property. We hope to give our daughter and son in law, Claude and Laura Elias this property so they may build a home located next to our home. Sincerely, Santo Messina Anne Messina it Joseph 1 Serwatka,P.E. ill Post:Office Box:1016 North Andover, MA- December 15, 2004 North Andover Roard--of-Appeals 27 Charles Street. North Andover,MA 01845 Re: Map 103, Lot 120 Variance Request Dear Board Members: Relative::to_the,attached variance x nests formal:1,03 lot 120,i offer the following: 4 thin a.-brief history of thispreoct willaasist B�wd-in revivwing4hevurrent variance application. A variance-application was fwd oathis property:inJune of-this year. The Building Department denial'dated June,l 1, 2004 stated that variances would be required from sections 7.1.1, 7.2 and 7.3. The variance application requested relief from sections 7.1.1, 7.2. 7.3, and 4.136(3c)of the by4a...Nbte that I added the variance from section 4,136 when.l realized it had been omitted by the Building Department. Unfortunately, the4egal notice-only included those variance requests listed in:the Building Department denW,andjwtt Vplii a . � Suently,the Notice-of DecWm X2004-013)included only the variances listed in the legal nye. Thecurrent application before you,therefore, is to seek reef from section 4.136{30)relative to the Watershed Protection,District's non-disturbance buffer zone,prior to proceeding onto the Planning Board and Conservation Commission. Written documentation A The particular use proposed far the land or�structure. The lot(map 103, lot 120)is being gifted from Santo & Anne Messina-to their daughter Laura, her husband Claude, and their two sons. The lot is the remainder of a larger parcel that has been owned by the Messinas for nearly forty five years. Two of the Messina's other children have constructed homes on the parcel, as shown on the attached plan. It is Laura and Claude's desire to construct a single family dwelling on-lot 120, in part to be closer to their other family members. in effect, by the requirements/restrictions,of the WatershedProtectionDistrict. Literal enforcement of the 150 foot non-disturbance buffer zone would render the lot non- buildable. The Conservation Commission's 50.footno-build zone.effectively.removes. nearly 23,000 square feet of CBA from the mix. The resulting area for development, though reduced,d, i s still adequate,in my opinion,to site a dwelling with yard..The.intent. of the ordinance, I believe, is still fulf lied by allowing responsible development, while preserving nearly 12 acres ofwetland habitat._ Relief, therefore, is necessary from the requirements of the non-disturbance zone associated with the Watershed-Protection-District.The-applicant would seek.relief.so that. a home and yard could be built. All disturbances will be as far from the edge of wetlands as is possible. It is anticipated that all.site development-could be kept outside of the 50 foot no-build zone as shown on the plan. F. Submit RIGA from Conservation Commission when Contiguous Buildable Area is applied for in ZBA application. The Zoning Board granted a variance for CBA in June 2004. We thank you in advance for your anticipated-thoughtful review of.this.material and look forward to meeting with the Board on January 11, 2005. SinceWy Jose . Town of North Andover NORTH Office of the Zoning Board of Appeals ,,Lee '� Community Development and Services Division , 27 Charles Streetno "� ,;'�`�-s` +`�• North Andover,Massachusetts 01845 D. Robert Nicetta. Telephone(978)688-9541 Building Commissioner Fax(978)688-9542 Any appeal shall be filed Notice of Decision within(20)days after the Year 2004 date of filing of this notice in the office of the Town Clerk. Pro at: for premises at:Winter Street NAME: Claude&Laura Elias, 119 Hooker Farm HEARING(S): June 8&July 13,2004 Road, Salem,NH ADDRESS: for premises at:Winter Street PETITION: 2004-013 North Andover,MA 01845 TYPING DATE: July 21,2004 The North Andover Board of Appeals held a public hearing at its regular meeting on Tuesday,July 13,2004 at 7:30 PM in the Senior Center, 120R Main Street,North Andover,Massachusetts upon the application of Claude&Laura Elias, 119 Hooker Farm Road,Salem,NH,for premises at:Winter Street(Map 103 Parcel 120)North Andover,requesting Variance from Section 7,Paragraphs 7.1.1 for Contiguous Buildable Area, 7.2&Table 2,for Street Frontage,and 73&Table 2 for dimensional relief of yard setbacks in order to construct a single-family home. Said premises affected is property with frontage on the South side of Winter Street within the R 1 zoning district. The legal notices were published in the Eagle Tribune on May 24&31, 2004. The following members were present: John M.Pallone,Ellen P.McIntyre,Joseph D.LaGrasse,and Richard J.Byers. Upon a motion by John M.Pallone and 2°d by Richard J.Byers,the Board voted to GRANT the dimensional Variance from Section 7,Paragraph 7.1.1 of the Zoning Bylaw for relief of 9,190 sq.ft.of contiguous buildable area per Plan of Land in North Andover,Massachusetts as prepared for Santo&Anne Messina, Date May 4,2004,Revisions 5/18/04 Added Sheet 2,7/13/04 Req Id Buildable Area Note Added,Job No.04- 27 427 F.B.69/02,by Joseph J. Serwatka,.Registered Professional Civil Engineer#36981,Pembroke Land Survey Co.,P.O.Box 205,Salem,New Hampshire 03079,on the following conditions: 1. DPW extends Winter Street along the frontage line of Map 103,Parcel 120. 2. The Mylar shall consolidate the information from the above May 4,2004,and 7/13/04 revision sheets 1&2 in order to show the proposed building envelope,the building's dimensions and setbacks from the lot lines,the available contiguous buildable area and the Registered Professional seal 3. This lot,Map 103 Parcel 120,shall not be further subdivided. 4. Claude&Laura Elias shall submit a letter of authorization from Santo&Anne Messina for the ZBA files. Voting in favor: John M.Pallone,Ellen P.McIntyre,Joseph D.LaG rasse,and Richard J.Byers. The Board finds that the 7/13%04 Sheet 2,the proposed building envelope as shown does not require relief from Section 7;Paragraph 7.3 and Table 2 and if Winter Street is extended,then the applicant does no *e relief from Section 7,Paragraph 7.2 and Table 2. Also,the Board finds that the applicant has satisfied We provisions of Section 10,paragraph 10.4 of the ZoningBylaw and that the y granting of this variance wiftnot adversely affect the neighborhood or derogate from the intent and purpose of the Zoning Bylaw. `V J Pagel oft �M 7rjc;c 1 L :x; b .D Board of Appeals 978-688-9541 Building 978-688-9545 Conservation 978-688-9530 Health 978-688-9540 Planning 978-69R-9535 A Town of North Andover No*T►, Office of the Zoning Board of Appeals 3: •`°' ° A "- Community Development and Services Division 27 Charles Street North Andover,Massachusetts 01845 �'s"""'�e<`' �cNus D. Robert Nicetta Telephone(978)688-9541 Building Commissioner Fax(978)68$-9542 Furthermore,if the rights authorized by the Variance are not exercised within one(1)year of the date of the grant,it 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,it shall lapse and may be re-established only after notice,and a new hearing. Town of North Andover Board of Appeals, U Ellen P.McIntyre,Chair 2004-013. M103.P120. Page 2 of 2 Board of Appeals 978-688-9541 Building 978.688-9545 Consmation978-688-9530 Ilealth9'18-688-9540 111anning979-69B-9535 3 • Abutter to Abutter( ) Building Dept. ( ) Conservation ( ) Zoning Town of North Andover Abutters Listing REQUIREMENT: MGL 40A,Section 11 states in part"Parties in Interest as used in this chapter shall mean the petitioner, abutters,owners of land directly oppositeon any public or private way,and abutters to abutters within three hundred(300)feet of the property line of the petitioner as they 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." Subiect Property: MAP PARCEL Name Address 103 120 Santo&Anne Messina 115 Winter Street North Andover,MA 01845 Abutters Properties Map Parcel Name Address 103 20 C/O Diane Scully 808 Great Pond Road North Andover,MA 01845 103 33 John Mange 759 Great Pond Road North Andover,MA 01845 103 99 David Williams 140 Winter Street North Andover, MA 01845 103 110 Stephen Scully Trustee 767 Great Pond Road North Andover,MA 01845 103 114 Peter O'Neill 50 Bridle Path North Andover,MA 01845 103 115 Margaret Walker 10 Bridle Path North Andover,MA 01845 103 116 SJJ Trust PO Box 302 Lawrence,MA 01842 103 117 SJJ Trust PO Box 302 Lawrence,MA 01842 103 118 Laurie Messina Trustee 129 Winter Street North Andover,MA 01845 103 119 Mary Messina 115 Winter Street North Andover,MA 01845 103 120 Santo&Anne Messina 115 Winter Street North Andover,MA 01845 103 131 SJJ Trust PO Box 302 Lawrence,MA 01842 63 2 Wei Deng 35 Bridle Path Lane North Andover,MA 01845 63 4 Wei Deng 35 Bridle Path Lane North Andover,MA 01845 63 5 D V&A M Crabtree Trustees 49 Bridle Path Lane North Andover,MA 01845 63 17 James Medeiros 63 Bridle Path Lane North Andover,MA 01845 63 23 James Walker 10 Bridle Path Lane North Andover,MA 01845 63 39 Walter Johnson 111 747 Great Pond Road North Andover,MA 01845 104.0 13 Paul Hayes PO Box 531 North Andover,MA 01845 104.0 17 Richard Balmas 96 Bridle Path Lane North Andover,MA 01845 104.0 72 Velevis Trs,R J&G L Subatch 100 Bridle Path Lane North Andover,MA 01845 104.0 90 Thomas Greaves 103 Bridle Path Lane North Andover,MA 01845 104.0 91 Sharon Hayes 89 Bridle Path Lane North Andover,MA 01845 104.0 92 Mary Burke 75 Bridle Path Lane North Andover,MA 01845 Page 1 of 1 This certifies that the names appearing on the records of the Yessor Office as of - -D3 Certified Date zzA3 � 1 N/F SCULLY S 393j• 1`WINTER + N/F SJJ TRUST�, �i > LAKE f wF A33 z4.44O7' - ss I '1m s COCHICHEWICK 44 i ) ' END OF SIT. OP �> i \ "'4 ` // CONC. PAVEMENT r._S 85.58-rsr WF ..so? ~a2s. _.._ g`fi 0 ;157.21«_ g�'1.3°'. a -\y��1�508\ Tr•.. WiryTf N/F MANGE a qi A31 3'a ¢60.96na so' o ! -- 1^r AS \ P\ @ �. �G RST /• oma• ---^R�4.55'y� cwjcw(q`n '� v' ,� \\ � ' - •"+ S5�'-r- �; .5 s,WF a28 \y4..w27 � � � p D 9 n ` M' wF As ta1i9 Aa\ ... % A\ ` �// _. 7 5 76.047"E r 51.3 G •o 4, �,� \ 1 \ 4.• '0iA \�S gG. / raM` All)r 'NF A3`�`_ 91.25 88.36 .48.03-2 . A2�1 \ ` \ e!@SX@0- / \ \wt• o r rr WF --5 117.99' 181.65 > \\\ 1z�NG 'M 4� 1 WF A71 wF Ar LIMIT OF 50' \ we a2q\ \. \ e Y� \ ti "NO BUILD" ZONE\ \ a} '�\ t•• ...f' / / / 12 G LIMIT OF 25' \\ ig\ wl'.Az3\�, \\ `\ .� yr LOCUS MAP o� '9i3• "NO DISTURB" ZONE `\ \ \ \ ..,aa a13 �,'\ wF,a i i 'c� � g C. SCALE: 1"=2000' LIMIT GGED Al WETLANDS \ `�.\ FLAGGED '/At AlSfI A2-\ .. .•fit i / N LIMIT OF 100'BUFFER wf'mx.+- i0^ s'Wtr✓^/ o FROM BORDERING \_" = _,1WP'Af8/• �,"i / o VEGETATED WETL !JA 30'OFFSET FROM STREET N/F MESSINA 8O 5.3'OFF SET FROM 100'BUFFER - N/F MESSINA �C 18.0'OFFSET FROM 100'BUFFER 15.0'OFFSET FROM 100' BUFFER o PREVIOUS VARIANCE GRANTED BY THE NORTH ANDOVER BOARD OF APPEALS: CASE No. 2004-013. 1 a h 2 ti N/F WALKER �a`r' n � TOWN OF NORTH ANDOVER, MASSACHUSETTS \ M ZONING BOARD OF APPEALS M MAP 103 LOT 120 ^� N/F MESSINA Ng. LOT AREA 561,953±S.F. 12.90± ACRES 3 DATE AVAILABLE CONTIGUOUS BUILDABLE AREA 56,150 S.F.± S yti ^Y REQUIRED CONTIGUOUS BUILDABLE AREA 432"f •� OWNER OF RECORD: moo. s 65,340 s.F. N/F o'NEIU. \�99�' 25563 1 . 1575 WINTER STREET ANTO & ANNE SSINA h I NORTH ANDOVER, 01845 TEL. 978-685-38288 APPLICANT: o`O CLAUDE & LAURA EUAS 119 HOOKER FARM ROAD SALEM, NH 03079 z 3 TEL. 603-•894-6388 I HEREBY CERTIFY THAT THE PROPERTY LINES SHOWN ON THIS PLAN ARE THE LINES DIVIDING EXISTING OWNERSHIPS, AND THE LINES OF THE STREETS AND WAYS SHOWN ARE THOSE OF �\ s PUBLIC OR PRIVATE STREETS OR WAYS ALREADY ESTABLISHED, A 16. AND THAT NO NEW LINES FOR DIVISION OF EXISTING OWNERSHIPS OR FOR NEW WAYS ARE SHOWN. �/ \ 1 N 1 CERTIFY THAT I HAVE CONFORMED WITH THE RULES &. REGULATIONS OF THE REGISTERS OF T " m '1 DEEDS IN PREPARING THIS PLAN. N/F HAYES PLAN OF LAND e` M IN ZONING DISTRICT: RESIDENTIAL I (Ri) NORTH ANDOVER, MASSACHUSETTS 237 .3S' PLAN REFERENCE: mss"h \ AS PREPARED FOR THE PROPERTY LINES SHOWN HEREON WERE TAKEN FROM A PLAN ENTITLED SANTO & ANNE MESSINA "PLAN OF LAND IN NORTH ANDOVER, MASS., SCALE: 1"=50', DATE: MARCH 28, N 1985, PREPARED FOR SANTO & ANNA MESSINA AND SALVATORE A. & LAURIE 2s MESSINA" BY ANDOVER CONSULTANTS, INC., RECORDED AT ESSEX NORTH 29�s• , PEMBROKE LAND SURVEY CO. DISTRICT REGISTRY OF DEEDS AS PLAN No. 10085. ,^. PO BOX 205 SALEM, NEW HAMPSHIRE 03079 \ 'ss44 y PO BOX 491 NEWBURYPORT, MASSACHUSETTS 01950 PLOT PLAN GRAPHIC SCALE SCALE: 1"=50° 9347, SCALE DATE DRAWING No. 42 '44'W ` 1 IN, = 50 FT. MAY 4, 2004 (� P) N/F BALMAS N 8434 REVISIONS JOB NO. 04-27 :inch m so n. 77 W 7/13/04 BUILDING ENVELOPE ADDED - F.B. 69/02 IF 5UBRTCH 174 72 1 7/30/04 BUILDING ENV. DIM. &OFFSETS ADDED(SHEET 2) 11/19/048 UILOING ENV.ON.&OFFSETS REVD, SHEET No. 1 OF 2 _ 12/Q2/04 TO 1W 13UFFER ADDEO �a \ �` STREET ' ;_,az– -s i WINTER -I \ k ss— SS-_1----�53� __ ` ,,� 44.43 _ /. ��'. \ 157.21' / ' i'-' Aai B�ns 29 WF A33� I \\ \ \ 1 a t f \\ \ 2 Ag 3 \ •3$NF Alb \ I t \� `•\ \ •.�'' / \ '� �o \\ -, � / ` `\\ OVER •.� \ `� \\ � '1 1'• / \ '• 100'B`FFERW All) LIMIT OF 50' \\ \t \`-,.\ .�`` \ �9�'y 1 11 Wf•.A�t - \\ NO BUILD" 'LONt, \.• p \ \J 5.3' 0 FFit •':� - 9Vi00pOs �\\ \\\ .\ \\�.. r %\ �,�/ v Al "NO DI 7UR8" ZONE )lWF All %PMIT OFb00'BUFFE� \) / r III PREVIOUS VARIANCE GRANTED BY THE NORTH / .BOR!ERiNG /v ANDOVER BOARD OF APPEALS: CASE No. 2004-013. "` / ,VEGETATED,WETLANDS l \ \ \ �� '•- / / / 1 1 / / WF Al2 TOWN OF NORTH ANDOVER, MASSACHUSETTS 18.0'OVER `. WF Az3 \` \ ` `\ \. // / 100'/BUfFER '. ,' ' ; / ZONING BOARD OF APPEALS WF Ala /• _ LIMIT OF \\ � \ �•-�'� /' / FLAGGED WETLANDS \ � ` ,� \�\F`1�•t-.,_ .•,`•2✓ `�' // /' /// /// DATE WF i ~ WF A16 OWNER OF RECORD: -,,.F Ago SANTO & ANNE MESSINA 115 WINTER STREET \ _` WF Als - ✓'3A i itr All- / NORTH ANDOVER, MA. 01845 TEL. 978-685-3828 z arae-' APPLICANT: CLAUDE & LAURA ELIAS 119 HOOKER FARM ROAD SALEM, NH 03079 TEL. 603-894-6388 SITE PLAN PLAN OF LANA SCALE: I"=20' IN NORTH ANDOVER, MASSACHUSETTS I HEREBY CERTIFY THAT THE PROPERTY LINES SHOWN ON AS PREPARED FOR THIS PLAN ARE THE LINES DIVIDING EXISTING OWNERSHIPS, SANTO & ANNE MESSINA AND THE LINES OF THE STREETS AND WAYS SHOWN ARE THOSE OF PUBLIC OR PRIVATE STREETS OR WAYS ALREADY ESTABLISHED, AND THAT NO NEW LINES FOR DIVISION OF PEMBROKE LAND SURVEY CO. EXISTING OWNERSHIPS OR FOR NEW WAYS ARE SHOWN. PO BOX 205 SALEM, NEW HAMPSHIRE 03079 I CERTIFY THAT I HAVE CONFORMED PO BOX 491 NEWBURYPORT, MASSACHUSETTS 01950 WITH THE RULES & REGULATIONS OF GRAPHIC SCALE THE REGISTERS OF DEEDS IN SCALE DATE DRAWING No. 1� 2Go eo PREPARING THIS PLAN. 'j;•.', 1 IN. = 20 FT. MAY 4, 2004 t IN MTREVfS10NS JOB No. 04-27 1 imb- 20 ft. - .> :vv 7/13/04 BUILDING ENVELOPE ADDED F.B. 6902 7/30/04 BUILDING ENV.DIM.&OFFSETS ADDED{SHEET 2} ' 11/19/04 BUILDING ENV.DIM.&OFFSETS REVD. .SHEET No. 2 OF 2 12 02 04 OFFSETS TO 100'BUFFER ADDED Y ka PAGE 4OF4 VARIANCE 9. WRITTEN DOCUMENTATION *10. B. *Plan Specifications: Application for a variance must be supported by a 1) Size of plan: Ten (10) paper copies of a plan legibly written or typed:memorandum setting forth in not to exceed 11"x17", preferred scale of'I"=40' detail all facts relied upon. When requesting a variance II)One(1)Mylar. from the requirements of MGLA ch. 40A, Sec 10.4 and III) Plan prepared by a Registered Professional the North Andover Zoning By-laws, all dimensional Engineer and/or Land Surveyor, with a block for five(5) requirements shall be clearly identified and factually ZBA signatures and date indicated on the Mylar. supported. All points,A-F, are required to be addressed with this application. *10 C.`Features To Be Indicated On Plan: 1) Site Orientation shall include: A. The particular use proposed for the land or 1. north point structure. 2. zoning district(s) B. The circumstances relating to soil conditions, shape 3. names of streets or topography of such land or structures especially 4. wetlands(if applicable) affecting the property for which the variance is 5. . abutters of property, within 300' radius sought which do not affect generally the zoning 6. locations of buildings on adjacent properties district in which the property is located. within 50' from applicants proposed structure C. Facts which make up the substantial hardship, 7. deed restrictions, easements. financial or otherwise, which results from literal In Legend &Graphic Aids: enforcement of the applicable zoning restrictions 1. Proposed features in solid lines&outlined in red. with respect to the land or building for which the 2. Existing features to be removed in dashed lines. variance is sought 3. Graphic Scales D. Facts relied upon to support a finding that relief 4. Date of Plan sought will be desirable and without substantial 5. Title of Plan detriment to the public good. 6. Names addresses and phone numbers of the E. Facts relied upon to support a finding that relief applicant, owner of record, and designer or sought may be given without nullifying or surveyor. substantially derogating from the intent or purpose of the Ordinance. 10 D. Minor Projects F. Submit RDA from Conservation Commission when - Minor projects,such as decks,sheds,and garages, Continuous Buildable Area is applied for in ZBA shall require only the plan information as indicated with application. an. asterisks(*). In some cases further information may be required 10. PLAN OF LAND 11. APPLICATIONFILING FEES Each application to the Zoning Board of Appeals shall be accompanied by the following described plan. Plans 11 A. Notification fees:Applicant shall provide a must be submitted with this application to the Town check or money order to: `Town of North Andover- Clerk's Office and ZBA secretary at least thirty(30)days #022-1760-4841"for the cost of first class, certified, prior to the public hearing before the Zoning Board of return receipt($4.42 as of November 2003)x#of al appeals. parties in interest identified in MGLA ch. 40A§11 on the abutter's list for the legal notice check. Also, the A set of building elevatiion plans may be required applicant shall supply first class postage stamps when the application involves new (currently 37¢)x the#of parties of interest on the construction/conversions and/or a proposed change abutter's list for the decision mailing. in use. 11 B. Mailing labels:Applicant shall provide four(4) 10 A. Major Projects sets of mailing labels no larger than 1"x2-5/8"(3 copies Major projects are those which involve one of the for the Legal mailing and one copy for the Decision following whether existing or proposed: mailing). I) five or more parking spaces, H) three (3) or more dme ing units, 11 C. Administrative fee of$50.00 per application. III)2000 square feet of building area. Major Projects shall require in addition to showing the R A Variance once granted by the ZBA will lapse in above features, plans must show detailed utilities, soils, 1 (one)year if not exercised and a new petition and topographic information. must be submitted.4 PAGE 2OF4 Application for a VARIANC E NORTH ANDOVER ZONING BOARD OF APPEALS ME lid 1. Petitioner: *Name, *-- dress and telephone number: g G o Al67:pa;47 *The petitioner shall be entered on the legal notice and the decision as entered above. 2. Owners of Land: Name, Address, Telephone number, and number of years under this ownership: l� iclAALPRV49 Years Owned Land: 3. Location of Property: a. Street: W/ t4 125-4 Zoning District: tP b. Assessors: Map number. 405 Lot Number: /9415, c. Registry of Deeds: Book Number: -+7h & Page Number: / 4. Zoning Bylaw Section(sr under which the petition for the Variance is made. 4. 1-3 30 C' C3 *Refer to the Zoning Bylaw Denial and Plan Review Narrativeiamr as supplied by:the Building Commissioner_ 5. Describe the Variance request: VA-&i A-fle-E I S ' 4 0 6- iAT f5 6 CnJ IS,T'JZ,yC,"T70nl D1G A2 acv D W i✓t_..0-, 1146!r )u T H45 W 17r��Q 91922-7-9 CTl dAI mom- sits-ro r-Pa.4N e tv 6 . The above description shalt be used for the purpose of the legal r1 Ore and decision. A more detailed description is required pursuant 1eMe Zoning.Board Rules and Regulations as cited on page 4,Section S dthts application.Failure by the applicant to describe the request cby may result in a decision that does not address the intent of the applicant. The decision will be limbed to the request by the applicant and NF not involve additional items not included.above. 6A. Difference from Zoning .Bylaw requirenwnts: Indicate the dimension(s)thatwi)t-riot meet current Zoning Bylaw Requirements. (Two lines, A and B are in case of a lot split) ; Lot Area Open Space Percentage Lot Frontage Parking Sq. Ft. Sq. Ft Coverage Feet Spaces Front Side A Sided Rear A. °lo o B. /o Page 3 of 4 Application for a VARIANCE T r. Zoning Board of Appeals 6. b. Existing Lot: Lot Area Open Space Percent Lot Frontage Parking * Minimum Lot set Back Sq. Ft. Sq. Ft. Coverage Feet Spaces Front Side A Side B Rear c. Proposed Lot (S): Lot Area Open Space Percent Lot Frontage Parking Minimum Lot set Back Sq. Ft. Sq. Ft. Coverage Feet Spaces Front Side A Side B Rear % 1-75; �1� 36 -30 3 ' o� d. Required Lot: (As required by zoning By-Law) Lot Area Open Space Percent tot Frontage Parking * Minimum Lot set Back• Sq. Ft. Sq. Ft. Coverage Feet Spaces Front Side A Side B Rear 620 % 17E5 30 7. a. Existing Buildings: Ground Floor Number of Total Use of Square feet Floors Sq. feet Building* 'Reference Uses from the Zoning By-Law.State number of units in building. b. Proposed Buildings: Ground Floor Number of Total a Use of Square feet Floors Sq. feet Building* "Reference Uses from the Zoning By-Law.State number of units in building. 6. Petitioner and Landowner signature (s): Every application for a Variance shall be made on this form which is the official form of the Zoning Board of Appeals. 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 the Zoning Board of Appeals doss not absolve thea applicant from this responsibility. The titioner shall Pbe Pe responsible for all expenses for filing and legal notification. Failure to comply with application requirements,as cited herein and in the Zoning Board Rules and Regulations may result in a di missal by the Zoning Board of this application as incom fete. Signat i Type above name (s) here �,qg/'V / ESS/.clA /Il,OC"C in119 Lam/ V9 &L � I Joseph J. Serwatka,RE: Post Office Box 3016 North Andover,MA 978.683-6595 December 15,2004 North Andover Board-of-Appeals .27 Charles Street North Andover,MA 01845 Re: Map 143, Lot 12 Variate Request Dear Board Members-- Relative embers;Relative to the-attwhecl vmiawe requests formap:W370 lot 120,1 offer the following: I think brief history-if this.project wffiatssistthexlin reviewing,thezurrent variance application. A variance plication was ffled�on this property in June of-this year. The Building Department denial dated June 11,2004 stated that variances would be required from sections 7.1;1, 7.2 and 7.3. The variance application requested relief from sections 7.1.1, 7.2. 7.3, and 4.13-6(3e)of the by-law-Note that 3-added the varies from section 4.136 when 3 realized it=had been omitted by the Building Department. Unfortunately, the legal notice-ably included those variance requests listed in,the Building Dent denial=d -ft Vp5cafon Su eptly, the Notice ofDecismi {2004013)included only the variances listed inthe'legal-notice. The current application before you,therefore, is to seek rem from sects 4:336(3e)relative to the Watershed Protection District's non-disturb buffer zone,prior to proceeding onto the Planning Board and Conservation Commission. Written documentation A. The particular use proposedfor the land or structure. The lot(map 103,lot 120)is tieing gifted from Santo&Anne Messina to their daughter Laura,her husband Claude, and their two sons. The lot is theremainder of a larger parcel that has been owned by the Messinas for nearly forty five years. Two ofthe Messina's other children have constructed homes on the parcel; as shown on the attached plan. It is Laura and Claude's desire to construct a single family dwelling on lot 120, in part to be closet to their other family members. B. The circumstances relating to soil conditions,shape or topography of such land or structures especially affecting the property for which the variance is sought which do not affect generally the zoning district in which the property is located Beaver activity in the wet meadow on lot 120 has inundated the lot except for the CBA shown on the attached.plan_ This-inundation makes_it.impossible to comply with section 4.136 relative to non-disturbance buffer zone without making the 13 acre parcel non-buildable. It appears that the inundation_cannot get any worse,given the controls installed by the town of North Andover at their pumping station. However, it is entirely possible that lot 120 once contained-the_required_CBA and upland necessary to comply with Watershed restrictions. C Facts which make up the substantial hardship,financial or otherwise, which results from literal enforcement of the applicable zoning-restrictions with respect to the land or building for which the variance is sought. Quite simply, if the Board denies this variance,-Santo Messina's daughter, son-in- law, and grandchildren will have to look for another community in which to build/buy a home. Without the gift of land from a generous and-loving,father/father-in-law,Laura, Claude and their children would not be able to build a home on Winter Street, which contains much of the Messina family,children and grandchildren._ Without putting words in Santo Messina's mouth, it would appear that he bought the land in 1960 with the intent ofprovidin,F,for his-children-in-the future_Ineffect,he took away the financial burden of purchasing land in North Andover by gifting parcels to his children. I can think of no nobler a_cause_than for a man to provide for his children_ and grandchildren. Literal enforcement of the zoning restriction will impose a severe financial hardship on the Messina family, their children and grandchildren. D. Facts relied upon to support a finding that relief sought will be desireable and without substantial detriment to the public good The relief sought would allow Santo Messina's children and grandchildren to build a home in the community_and,_in- act,be.his neighbors_The home would be situated at the end of a dead-end street, on a parcel containing nearly thirteen acres. The relief sought would,in f tet,_be in the interest of the public good,The relief sought would allow the Messina/Elias families to stay in the community that they have been such a vital part of, and continue to support the public_good. E. Facts relied upon to support a finding that relief sought may be given without nullifying or substantially derogatingfrom the intent or purpose of the Ordinance. The relief sought will not derogate from the intent or purpose of the ordinance. The ordinance rewires 65,340 square_feet:of CBA,whereas 56,150 square feet of CBA is available. The intent of the ordinance.is to provide adequate_contiguous buildable area,or upland, on which to site a house, yard, etc. The CBA requirement, however, is opposed, in effect, by the requirements/restrictions-of the Watershed Protection District. Literal enforcement of the 150 foot non-disturbance buffer zone would render the lot non- buildable. The Conservation Commission's 50 foot no-build zone effectively removes_ nearly 23,000 square feet of CBA.from the mix. The resulting area for development, though reduced, is still adequate,_in my opinion,to site-a dwelling with yard_The intent of the ordinance, I believe, is still fulfilled by allowing responsible development, while preserving nearly 12 acres of wetland habitat.. Relief, therefore, is necessary from the requirements of the non-disturbance zone associated with the Watershed-Protection-District,_The.applicant_would seek relief so that a home and yard could be built. All disturbances will be as far from the edge of wetlands as is possible. It is anticipated that all site development-could be kept outside of the 50 foot no-build zone as shown on the plan. F. Submit 1ZL?A fi©m Conservation Commission when Conti uous Buildable Area is applied for in ZBA application. The Zoning Board granted a variance for CBA in June 2004. We thank you in advance for your anticipated_thoughtful_review of this material and look forward to meeting with the Board on January 11, 2005. SieAdJoserw tka,P.E. Abutter to Abutter( ) Building Dept. ( ) Conservation ( ) Zoning ( ) Town of North Andover Abutters Ustinq REQUIREMENT. MGL 40A,Section 11 states in part"Parties in Interest as used in this chapter shall mean the petitioner, abutters,owners of land directly oppositeon any public or private way,and abutters to abutters within three hundred(300)feet of the property line of the petitioner as they appear on the most recent applicable tax list,not withstanding 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." Subject Property: MAP PARCEL Name Address 103 120 Santo&Anne Messina 115 Winter Street North Andover,MA 01845 Abutters Properties Man Parcel Name Address 103 20 C/O Diane Scully 808 Great Pond Road North Andover,MA 01845 103 33 John Mange 759 Great Pond Road North Andover,MA 01845 103 99 David Williams 140 Winter Street North Andover,MA 01845 103 110 Stephen Scully Trustee 767 Great Pond Road North Andover,MA 01845 103 114 Peter O'Neill 50 Bridle Path North Andover,MA 01845 103 115 Margaret Walker 10 Bridle Path North Andover,MA 01845 103 116 SJJ Trust PO Box 302 Lawrence,MA 01842 103 117 SJJ Trust PO Box 302 Lawrence,MA 01842 103 118 Laurie Messina Trustee 129 Winter Street North Andover,MA 01845 103 119 Mary Messina 115 Winter Street North Andover,MA 01845 103 120 Santo&Anne Messina 115 Winter Street North Andover,MA 01845 103 131 SJJ Trust PO Box 302 Lawrence,MA 01842 63 2 Wei Deng 35 Bridle Path Lane North Andover,MA 01845 63 4 Wei Deng 35 Bridle Path Lane North Andover,MA 01845 63 5 D V&A M Crabtree Trustees 49 Bridle Path Lane North Andover,MA 01845 63 17 James Medeiros 63 Bridle Path Lane North Andover,MA 01845 63 23 James Walker 10 Bridle Path Lane North Andover,MA 01845 63 39 Walter Johnson III 747 Great Pond Road North Andover,MA 01845 104.0 13 Paul Hayes PO Box 531 North Andover,MA 01845 104.0 17 Richard Balmas 96 Bridle Path Lane North Andover,MA 01845 104.0 72 Velevis Trs,R J&G L Subatch 100 Bridle Path Lane North Andover,MA 01845 104.0 90 Thomas Greaves 103 Bridle Path Lane North Andover,MA 01845 104.0 91 Sharon Hayes 89 Bridle Path Lane North Andover,MA 01845 104.0 92 Mary Burke 75 Bridle Path Lane North Andover,MA 01845 Page 1 of 1 This certifies that the names appearing on the records of thes essor . Office as of -D3 Certified _Date. 14 Town of North Andover t ItORTh Office of the Zoning Board of Appeals Community Development and Services Division 27 Charles Street " , 4 " North Andover,Massachusetts 01845 s�cNus D. Robert Nicetta Telephone(978)688-9541 Building Commissioner Fax(978)688-9542 Any appeal shall be filed Notice of Decision within(20)days after the Year 2004 date of filing of this notice in the office of the Town Clerk. Pro at: for premises at:Winter Street NAME: Claude&Laura Elias, 119 Hooker Farm HEARING(S): June 8&July 13,2004 Road, Salem,NH ADDRESS: for premises at:Winter Street PETITION: 2004-013 North Andover,MA 01845 TYPING DATE: July 21,2004 The North Andover Board of Appeals held a public hearing at its regular meeting on Tuesday,July 13,2004 at 7:30 PM in the Senior Center, 120R Main Street,North Andover,Massachusetts upon the application of Claude&Laura Elias, 119 Hooker Farm Road,Salem,NH,for premises at:Winter Street(Map 103 Parcel 120)North Andover,requesting Variance from Section 7,Paragraphs 7.1.1 for Contiguous Buildable Area, 7.2&Table 2,for Street Frontage,and 7.3&Table 2 for dimensional relief of yard setbacks in order to construct a single-family home. Said premises affected is property with frontage on the South side of Winter Street within the R-1 zoning district. The legal notices were published in the Eagle Tribune on May 24&31, 2004. The following members were preset: John M.Pallone,Ellen P.McIntyre,Joseph D. LaGrasse,and Richard J.Byers. Upon a motion by John M.Pallone and Vd by Richard J.Byers,the Board voted to GRANT the dimensional Variance from Section 7,Paragraph 7.1.1 of the Zoning Bylaw for relief of 9,190 sq.ft.of contiguous buildable area per Plan of Land in North Andover,Massachusetts as prepared for Santo&Anne Messina, Date May 4,2004,Revisions 5/18/04 Added Sheet 2,7/13/04 Req'd Buildable Area Note Added,Job No.04- 27 F.B.69/02,by Joseph J. Serwatka,Registered Professional Civil Engineer#36981,Pembroke Land Survey Co.,P.O.Box 205,Salem,New Hampshire 03079,an the following conditions: 1. DPW extends Winter Street along the frontage line of Map 103,Parcel 120. 2. The Mylar shall consolidate the information from the above May 4,2004,and 7/13/04 revision sheets 1&2 in order to show the proposed building envelope,the building's dimensions and setbacks from the lot lines,the available contiguous buildable area and the Registered Professional seal 3. This lot,Map 103 Parcel 120,shall not be further subdivided. 4. Claude&Laura Elias shall submit a letter of authorization from Santo&Anne Messina for the ZBA files. Voting in favor: John M.Pallone,Ellen P.McIntyre,Joseph D.LaGrasse,and Richard J.Byers. The Board finds that the 7/13/04 Sheet 2,the proposed building envelope as shown does not require relief from Section 7,Paragraph 7.3 and Table 2 and if Winter Street is extended,then the applicant does no 'eed relief from Section 7,Paragraph 7.2 and Table 2. Also,the Board finds that the applicant has satisfied-We provisions of Section 10,paragraph 10.4 of the Zoninglaw and that the Bylaw granting of this variance wiLlmot -; - adversely affect the neighborhood or derogate from the intent and purpose of the Zoning Bylaw. r— Pagel oft CDma ' < ��c. -F L N -D Board of Appeals 978-688-9541 Building 978-688-9545 Conservation 978-688-9530 Health 978-688-9540 Planning 978-68R-9535 Town of North Andover N°RrN Office of the Zoning Board of Appeals o Community Development and Services Division 27 Charles Street •- =�• 4 ' North Andover,Massachusetts 01845sic D. Robert Nicetta Telephone(978)688-9541 Building Commissioner Fax(978)688-9542 Furthermore,if the rights authorized by the Variance are not exercised within one(1)year of the date of the grant,it 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,it shall lapse and may be re-established only after notice,and a new hearing. Town of North Andover Board of Appeals, Ellen P.McIntyre,Chair 2004-013. M103P120. Page 2 of 2 Board of Appeals 978-688-9541 Building 978-688-9545 Conservation 979-688-9530 Health 978-688-9540 Planning 978-688-9535 1 Town of North Andover Planning Board Application for Watershed Special PermitE: Please type or print clearly. 1. Petitioner: (,( A t9 D6 LwPA- L SP Petitioner's Address: I tq. 6 e eyi 0 5ALEM., A/ Telephone number: 2. Owners of the Land: SA-t4-ro A--tim— Address: LJI, IV D Ax7901l 6R0 R0 top Number of years of ownership: �-�✓' Y�f((Z S 3. Year lot was created: j q 9-7 4. Is the lot currently on septic or sewer? , 56—we, If on sewer,please provide date the sewer connection was completed: 199 Ca f 5. Description.of Propyo'sse/d�Projeet:�/oJN,6T f ly��i Jo n/ a r SA !!Ow-I ~'4.G v Y f • Ux+ir LL( COY w /Trl 6. Description of Premises. VA e D )2 , qrs 7. Address of Property Being Affected W 9 IV-r-e-R, �- Zoning District: PC I Assessors: Map: 103 Lot# !Z O Registry of Deeds: Book#: 4-7 6 Page#: /* 8. Existing Lot: Lot Area(Sq.Ft) BnikiiagHeight Street Frontage: Side Setbacks: r Front Setback: Rear Setback:_ Floor Area Ratio: Lot Coverage: 9. Proposed Lot(if applicable): Lot Area(Sq.Ft) Building Height 3 6 OR�t5a✓ Street Frontage: Side Setbacks: 30 ►' ' Front Setback: _ 3 Rear Setback: 3 0 Floor Area Ratio: � 4 Lot Coverage: r A 10. Required Lot(as required R )-90 Zoning Bylaw): I Lot Area(Sq.Ft) )Z d Building Height 3 kb -g?jX Street Frontage: 17� Side Setbacks: -00 , Front Setback: $o ' Rear Setback: v 0 ' Floor Area Ratio: _ Loa Coverage: N 4 11. Existing Building(if applicable): Ground Floor(Sq.Ft.) #of Floors: Total Sq.Ft. Height: Use: Type of Construction 12. Proposed Building: Ground Floor(Sq.Ft.) #of Floors: Total Sq.Ft. Height: Use: Type of Construction 13. Has there been a previous application for a Special Permit from the Planning Board on these premises? N O If so,when and for what type of construction? 14. Section of Zoning Bylaw that Special Permit Is Being Requested _+. L 3 15. Petitioner and Landowner signature(s): Every application for a Special Permit shall be made on this form which is the official form of the Planning Board. Every application shall be filed with the Town Clerk's office. It shall be the responsibility of the petitioner to furnish all supporting documentation with this application. The dated copy of this application received by the Town Clerk or Planning Office does not absolve the applicant from this responsibility. The petitioner shall be responsible for all expanses 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 card of this application as incomplete. Petitioner's Signature: --- Print or type name here: ('`Avg 4,, v RzA U d s lrt i Owner's Signature: Print or type name here: X35��El 16. Please list title of plans and documents you will be attaebing to this application. mydceumeuts/vrnter9iedspeeiu1permk T f.• A' rr Town of North Andover Planning Board Application for Watershed Special Permit Please type or print clearly. 1. Petitioner:�L,�(>D�— •.� �� Petitioner's Address:�L� _ C�� /1? /0,66�A L x—bf►'l, alt JI i 3071 Telephone number: 6 0 3 a*— coo 2. Owners of the Land: Oka" f:- /-015;3—;IAo,(4 Address:&*- W-1&-jA- /ILo. ,4-,1ODfl,,�.�O/�� Number of years of ownership: 3. Year lot was created: 4. Is the lot currently on septic or sewer? If on sewer,please provide date the sewer connection was completed: 5. Description of Proposed Project: 77 P--)V LV,*V 4 6 Intl S--r -"- 4-s'!¢A o 6. Description of Premises: L(1 Liv TCS 4J7"- / S .4 N OV 0 Mv 7. Address of Property Being Affected l'V, �- Zoning District: Assessors: Map: Lot# Registry of Deeds: Book#; Page#: 8. Existing Lot: Lot Area(Sq,Ft) BubldingHeiglht Street Frontage: Side Setbacks: Front Setback: Rear Setback: Floor Area Ratio: Lot Coverage: 9. Proposed Lot(if applicable): Lot Area(Sq.Ft) Building Hetet Street Frontage: Side Setbacks: Front Setback: Rear Setback: Floor Area Ratio: Lot Coverage: k'W 5., '..nJ Form C Application For Definitive Subdivision Approval Received; Town of North Andover Town Clerk(Date Stamp) Stamp three(3)forms with the Town Clerk. File one(1)copy with the Town Clerk and two(2) with the Planning Department. To the Planning Board: The undersigned,being an applicant under Chapter 41, 81-0, 81-T, 81-U,MGL, for approval of a proposed subdivision plan,hereby submits a Definitive Plan and makes application for approval to the North Andover Planning Board: The undersigned hereby applies for flee.approval of-said—M itive plan by the Board,and in furtherance thereof hereby agrees to abided by the Board's Rules and Regulations. The undersigned hereby further covenants and agrees with the Town of North Andover,upon approval of said Definitive plan by the Board: a. To install the utilities.in accordance with be.n&s-and regulations of the Planning Board,Department of Public Works,the Board of Health,and all general as well as zoning by-laws of said Town,as are applicable to the installation of utilities with the utilities within the limits of ways and streets; b. To complete and construct the street or ways and_other improvements shown thereon in accordance with Section V and VI of the Rules and Regulations of the Planning Board, including all Appendices fI-VI)and Figures(1-27),and the approved Definitive plan,profiles and cross-sections of the same. Said plan, profiles,cross-sections-and construction..specifications are specifically,by reference,incorporated hereing and made a part of this application. This application and the covenants and agreements herein shall be binding upon all heirs,executors,administrators, successors,grantees of the whole or part of said land, and assigns of the undersigned;and C. To complete the aforesaid installations and construction within two(2)years from the date hereof. 1. Name of Applicant: Clatxie & LauM Mas Address: Signature of Applicant� T 2. Name of Subdivision: MsIte' tG °4 Town of North Andover Planning Board Application for Watershed Special Permit Please type or print clearly. 1. Petitioner: �L„¢U D Petitioner's Address. 1L9 .OKC-,e " kV,, G4 c.&r4 ;Al 4 3078 7 1 Telephone number: 6 O 3 — — C ' Mo 2. Owners of the Land: 00M-," j fi�OM64 Address:&V- I'yl&;W, *r,, 0 )VO . 4wDDll Number of years of ownership: 1%--55_ 3. Year lot was created: 4. Is the lot currently on septic or sewer? If on sewer,please provide date the mover connection was completed: 5. Description of Proposed Project: D 91V k Ly,¢V _&96 rpt! IT4-E--4ti4-z'i9 Ay of L Illew O 6. Description of Premises. L!1 i 0-1 �7=" 1�Z �J W w U 7. Address of Property Being Affected Wi w/'y'eg �r7—, Zoning District: Assessors: Map: Lot# _ Registry of Deeds: Book#: Page#: 8. Existing Lot: Lot Area(Sq.Ft) BuildingHeight Street Frontage: Side Setbacks: Front Setback: Rear Setback: Floor Area Ratio: Lot Coverage: 9. Proposed Lot(if applicable): Lot Area(Sq.Ft) Building Heigbt < Street Frontage: Stile Setbacks: -- Front Setback: Rear Setback: Floor Area Ratio: Lot Coverage: 10. Required Lot(as required by Zoning Bylaw): Lot Area(Sq.Ft) Building Height Street Frontage: Side Setbacks• Front Setback: Rear Setback: Floor Area Ratio: Lot Coverage: 11. Existing Building(if applicable): Ground Floor(Sq.Ft.) #of Floors: Total Sq.Ft. Height: Use: Type of Construction 12. Proposed Building: Ground Floor(Sq.Ft.) #of Floors: Total Sq.Ft. Height: Use: Type of Construction 13. Has there been a previous application for a Special Permit from the Planning Board on these premises? _A/o If so,when and for what type of construction? 14. Section of Zoning Bylaw that Special Permit Is Being Requested 15. Petitioner and Landowner signature(s): Every application for a Special Permit shall be made on this form which is the official form of the Planning Board. Every application shall be filed with the Town Clerk's office. It shall be the responsibility of the petitioner to furnish all supporting documentation with this application. The dated copy of this application received by the Town Clerk or Planning Office does not absolve the applicant from this responsibility. The petitioner shall be responsible for all expenses for filing and legal notification. 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: ., 6�� Print or type name hece:—L1.'L4-v 64=r 2— ell Owner's Signature: Print or type name here 16. Please list title of plans and documents you will be attaching to this application. VIII N 76g coT, + W A 6? 6 Ef e�jP ®ydwvmen I.Y.h WtsIper jr Peg A 00, R-00/ 3. Location and Description.of Property 4inel de.As%eQsur,s Map,&Lot_and Zoning Distrlct js).].:- Am icart could like to eamUirt a single fway d4eU im cn U 103, Tri- 120, cn Wbter_Street. Ict is in R1 district. r)=fj-pj17,Tia m tdj ui ci rn fi 1 i j= i-q fr r flip i rrrvrTe�� Cif M ni-= SF rgl- 7- 439-qm%4-asbqsta x-38 said 'gL- Address of Property Being Affected: Wirrtr=r Street and lW 103, Izt 120 Zoning District: R1 Assessors: Map#: 193 Lot# 120 & Whiter Streat 4. Deed Reference: Book 4736 , Page 156 and/or Certificate of Title No. 5. Name of Surveyor/Engineer: Pad 3jol e Tand gmmi Ch_ Address: P. O. BOK 205, SALEM, ISH 03079 Easements&Restrictions of Record(Describe&Include Deed References) 6. Preliminary Plan Submitted? rrn ; Plan.Approved? ,Date: Signature of Owner(s): Address: Received: Town of North Andover TnxmSlcrk.(datestaMj* Signature of Town Official receiving this application: Form L Departmental Referral Form With Signature of Departmem is knowledging Receipt To: Director,Engineering,Jack Sullivan Fire Chief,William Dolan vL r v `3 2- Interim Interim Conservation Administrator,Alison McKay n Building Commissioner,Bob Nicetta QJV, Health Administrator, san Sawyer School Committee Police Department From: Applicant: C,1mea & Ima Elias Date: march 2, 2005 Re: Preliminary Plan —y—Definitive Subdivision Modification to a Subdivision _Special Permit Site Plan Review Address/Development: WintEr cb3aE t A Public Hearing has been scheduled for Apdj 5, 2W5 to discuss the plans checked above. Please provide your written comments to the Planning Department by M3rci1 30, 2005 (The Wednesday before the scheduledpklic.hearing and/or scheduled P renin Board meeting.) Failure to provide written comments by this date will constitute your approval of this plan. Thank You. Town of North Andover NORTH Office of the Zoning Board of Appeals ;? lig j§ ° 1- p Community Development and Services Division 27 Charles Street North Andover,Massachusetts 01845 'ss�C„usEt D. Robert Nicetta Telephone(978)688-9541 Building Commissioner Fax(978)688-9542 Any appeal shall be filed Notice of Decision within(20)days after the Year 2004 date of filing of this notice in the office of the Town Clerk. Property at: for premises at:Winter Street NAME: Claude&Laura Elias, 119 Hooker Farm HEARING(S): June 8&July 13,2004 Road,Salem,NH ADDRESS: for premises at:Winter Street PETITION: 2004-013 North Andover,MA 01845 TYPING DATE: July 21,2004 The North Andover Board of Appeals held a public hearing at its regular meeting on Tuesday,July 13,2004 at 7:30 PM in the Senior Center, 120R Main Street,North Andover,Massachusetts upon the application of Claude&Laura Elias, 119 Hooker Farm Road,Salem,NH,for premises at:Winter Street(Map 103 Parcel 120)North Andover,requesting Variance from Section 7,Paragraphs 7.1.1 for Contiguous Buildable Area, 7.2&Table 2,for Street Frontage,and 7.3&Table 2 for dimensional relief of yard setbacks in order to construct a single-family home. Said premises affected is property with frontage on the South side of Winter Street within the R-1 zoning district. The legal notices were published in the Eagle Tribune on May 24&31, 2004. The following members were present: John M.Pallone,Ellen P.McIntyre,Joseph D.LaGrasse,and Richard J.Byers. Upon a motion by John M.Pallone and 2°d by Richard J.Byers,the Board voted to GRANT the dimensional Variance from Section 7,Paragraph 7.1.1 of the Zoning Bylaw for relief of 9,190 sq.ft.of contiguous buildable area per Plan of Land in North Andover,Massachusetts as prepared for Santo&Anne Messina, Date May 4,2004,Revisions 5/18/04 Added Sheet 2,7/13/04 Req'd Buildable Area Note Added,Job No.04- 27 F.B.69/02,by Joseph J.Serwatka,Registered Professional Civil Engineer#36981,Pembroke Land Survey Co.,P.O.Box 205,Salem,New Hampshire 03079,on the following conditions: 1. DPW extends Winter Street along the frontage line of Map 103,Parcel 120. 2. The Mylar shall consolidate the information from the above May 4,2004,and 7/13/04 revision sheets 1&2 in order to show the proposed building envelope,the building's dimensions and setbacks from the lot lines,the available contiguous buildable area and the Registered Professional seal 3. This lot,Map 103 Parcel 120,shall not be further subdivided. 4. Claude&Laura Elias shall submit a letter of authorization from Santo&Anne Messina for the ZBA files. Voting in favor: John M.Pallone,Ellen P.McIntyre,Joseph D.LaGrasse,and Richard J.Byers. The Board finds that the 7/13/04 Sheet 2,the proposed building envelope as shown does not require relief from Section 7,Paragraph 7.3 and Table 2 and if Winter Street is extended,then the applicant does no ,&ed relief from Section 7,Paragraph 7.2 and Table 2. Also,the Board finds that the applicant has satisfied�e provisions of Section 10,paragraph 10.4 of the Zoning Bylaw and that the granting of this variance wiW-not adversely affect the neighborhood or derogate from the intent and purpose of the Zoning Bylaw. r.__ ' tv u. ,. Pagel of 2 � �nJEs7i:J Fri -F 'a+• Board of Appeals 978-688-9541 Building 978-688-9545 Conservation 978-688-9530 Health 978-688-9540 Planning 978-688-9535 Town of North Andover Office of the Zoning Board of Appeals Community Development and Services Division « « 27 Charles Street « _ • tir` ° North Andover,Massachusetts 01845 cMus�K D. Robert Nicetta Telephone(978)688-9541 Building Commissioner Fax(978)688-9542 Furthermore,if the rights authorized by the Variance are not exercised within one(1)year of the date of the grant,it 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,it shall lapse and may be re-established only after notice,and a new hearing. Town of North Andover Board of Appeals, Ellen P.McIntyre,Chair 2004-013. M103P120. Page 2 of 2 Board of Appeals 978-688-9541 Building 978.688-9545 Conservation 978-688-9530 Health 978-688-9540 Planning 978-688-9535 Town of North Andover f N°RTM Office of the Zoning Board of Appeals Community Development and Services Division x 27 Charles Street North Andover,Massachusetts 01845 D. Robert Nicetta Telephone(978)688-9541 Building Commissioner Fax(978)688-9542 Legal Notice North Andover, Board of Appeals Notice is hereby given that the Board of Appeals will hold a public hearing at the Senior Center, 120R Main Street,North Andover, MA on Tuesday the 8th of June, 2004 at 7:30 PM to all parties interested in the appeal of Claude& Laura Elias, 119 Hooker Farm Road, Salem,NH, for premises at: Winter Street(Map 103 Parcel 120)North Andover, requesting Variance from Section 7,Paragraphs 7.1.1 for Contiguous Buildable Area, 7.2 &Table 2, for Street Frontage, and 7.3 &Table 2 for dimensional relief of yard setbacks in order to construct a single-family home. Said premises affected is property with frontage on the South side of Winter Street within the R-1 zoning district. Plans are available for review at the office of the Building Department 27 Charles Street, North Andover, MA Monday through Thursday from the hours of 9:00 AM to 2:00 PM. By order of the Board of Appeals William J. Sullivan, Chairman Published in the Eagle Tribune on May 24 & 31, 2004. UZI - d _ Legalnotice 2004-013. - r, M103P120. Board of Appeals 978-688-9541 Building 978-688-9545 Conservation 978-688-9530 Health 978-688-9540 Planning 978-688-9535 Town of North Andover NORTH 0�4��eo 4e qH Office of the Zoning Board of Appeals Community Development and Services Div 27 Charles Street 9 North Andover, Massachusetts 01815 „"' ! 3 ; sAc„usE D. Robert Nicetta 8.,nlclin y Cominissimier T,t le hone (978)688-9517 � 9 1 �- haX =� (978) 688-952 Date _ VuV'e TO: Town of North Andover Zoning Board of Appeals 27 Charles Street North Andover MA 01845 Please be advised that I have agreed to waive the time constraints for the North Andover Zoning Board of Appeals to make a decision regarding the granting of a < I Vari ante Permit Comprehensive Permit (40B) Finding for property located at: STREET: :✓l/ ( ll� S rgle MAP: to 3 PARCEL: b TOWN: L1CAnd,,ue TO MEETING DATE(S): 3 NAME OF PETITIONER: ("'_,la L,� �`4 S Signed: Pe Toner (or petitioner's rep entative) WAIVER Board 01. s 978-688.9541 Building 978-688-9545 Conservation 978-688-9530 Health 978-688 9540 Planning 978-688-9535 .1uN 8 - 2004 C)q r o 13 BOARD OF APPEALS Massachusetts Department of Environmental Protection Bureau of Resource Protection -Wetlands DEP File"umber: WPA Form 4B — Order of Resource Area Delineation 242-1251 Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 Provided by DEP A. General Information Important: When filling out From: forms on the North Andover Conservation computer, use Conservation Comm only the tab key to move This Issuance is for(check one): your cursor- do not use the return key. Order of Resource Area Delineation Amended Order of Resource Area Delineation To:Applicant: Property Owner(f different from applicant): ' Claude&Laura Elias Santo&Anna Messina Name Name 119 Hooker Farm Road 115 Winter Street Mailing Address Mailing Address Salem NH 03079 North Andover MA 01845 City/Town State Zip Code Cityfrown State Zip Code 1. Project Location: Winter Street North Andover Street Address City/Town Map 103 Lot 120 Assessors Map/Plat Number Parcel/Lot Number 2. Title and Date (or Revised Date if applicable)of Final Plans and Other Documents: Plan of Land, SheOts 1 &2 May 4,2004, Title revised 5/18/04 Abbreviated Notice of Resource Area Delineation May 2004 Title Date Tits Date 3. Dates: 5/13/04 5/26/04 5/28/04 Date Notice of Intent Filed Date Public Hearing Closed Date of Issuance wpaform4b.doc•rev.12115MO Page 1 of 3 t Massachusetts Department of Environmental Protection Bureau of Resource Protection -Wetlands DEP File Number: WPA Form 4B — Order of Resource Area Delineation 242-1251 Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 Provided by DEP B. Order of Delineation The Conservation Commission has determined the following (check whichever is applicable): ® Accurate: The boundaries described on the referenced plan(s)above and in the Abbreviated Notice of Resource Area Delineation are accurately drawn for the following resource area(s): ® Bordering Vegetated Wetlands ® Other Resource Area(s), specifically: Associated buffer zones(25-foot No-Disturbance,50-foot No-Build, and 100-foot buffer zones). Modified: The boundaries described on the plan(s) referenced 'above, as modified by the Conservation Commission from the plans contained in the Abbreviated Notice of Resource Area Delineation,are accurately drawn from the following resource area(s): ❑ Bordering Vegetated Wetlands ❑ Other Resource Area(s),specifically: ❑ Inaccurate:The boundaries described on the referenced plan(s) and in the Abbreviated Notice of Resource Area Delineation were found to be inaccurate and cannot be confirmed for the following resource area(s): ❑ Bordering Vegetated Wetlands ❑ Other Resource Area(s),specifically: The boundaries were determined to be inaccurate because: wpaform4b.doc-rev.12/15/00 Page 2 of 3 Massachusetts Department of Environmental Protection DEP File Number: Bureau of Resource Protection - Wetlands ' WPA Form 4B - Order of Resource Area Delineation Oya- lAs-I Provided by DEP Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 B. Order of Delineation (cont.) This Order of Resource Area Delineation determines the boundaries of those resource areas noted above s s Wetlands Protection Act II decisions rendered. Massachusetts and is binding as to a pursuant to the Massachu p (M.G.L. c.131, §40) and its regulations (310 CMR 10.00) regarding such boundaries.This Order does not, however, determine the boundaries of any resource area or Buffer Zone to any resource area not specifically noted above, regardless of whether such boundaries are contained on the plans attached to this Order or to the Abbreviated Notice of Resource Area Delineation. This Order must be signed by a majority of the Conservation Commission. The Ord be sent by certified mail (return receipt requested) or hand delivered to the applicant. A y also must be mailed or hand delivered at the same time to the appropriate DEP Regional Offic pendix A) Si ature This Order is valid for three years from the date of issuance. This Order is issued to the applicant and the property owner(if different)as follows: ❑ by hand delivery on [2d by certified mail, return receipt requested on faas�o� Date Date C. Appeals The applicant,the owner, any person aggrieved by this Order, any owner of land abutting the land subject to this Order, or any ten residents of the city or town in which such land is located, are hereby notified of their right to request the appropriate DEP Regional Office (see Appendix A)to issue a Superseding Order of Resource Area Delineation. The request must be made by certified mail or hand delivery to the Department,with the appropriate filing fee and a completed Appendix E: Request 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 Order. A copy of the request shall at the same time be sent by certified mail or hand delivery to the Conservation Commission and to the applicant,if he/she is not the appellant. The request shall state clearly and concisely the objections to the Order which is being appealed and how r does not contribute to the protection of the interests identified in the Massachusetts Wetlands the Order Protection Act, (M.G.L. c. 131, §40) and is inconsistent with the wetlands regulations (310 CMR 10.00). law or ordinance, and not on the Massachusetts b , h the.Order is based on a municipaly To the extent that Wetlands Protection Act or regulations,the Department of Environmental Protection has no appellate jurisdiction. Page 3 of 3 wpaform4b.doc•rev.12/15/00 Massachusetts Department of Environmental Protection Bureau of Resource Protection -Wetlands WPA Appendix E - Request for Departmental Action Fee Transmittal Form ` Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 A. Request Information q o 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. Cityfrown state Zip Code oPhone 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 Cityfrown state Zip Code Phone Number Fax Number(if applicable) 3. DEP File Number: B. Instructions 1. When the Departmental action request is for(check one): ❑ Superseding Order of Conditions ❑ Superseding Determination of Applicability ❑ Superseding Order of Resource Area Delineation Send this form and check or money order for$50.00, payable to the Commonwealth of Massachusetts to: Department of Environmental Protection Box 4062 Boston, MA 02211 Wpafovn4b.doc-Appendix E•rev.2100 Page 1 of 2 Massachusetts Department of Environmental Protection Bureau of Resource Protection Wetlands 'f WPA Appendix E — bequest 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 Omer which is being appealed. To the extent that the Determination or Order is based on a municipal bylaw, and not on the Massachusetts Wetlands Protection Act or regulations, the Department has no appellate jurisdiction. 3. Send a copy of this form and a copy of the check or money order with the Request for a Superseding Determination or Order by certified mail or hand delivery to the appropriate DEP Regional Office(see Appendix A). 4. A copy of the request shalt 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. Wpaformft.doc•Appendix E•rev.2/00 Page 2 of 2 C r TOWN OF NORTH ANDOVER VARIANCE. s,1F.eo es�O F ZONING BOARD OF APPEALS .� iEb a k t 1 1 c# $S+iCHU'SE� NAME: t , ADDRESS OF APPEAL: Procedure & Requirements F for an Application for a Variance Ten(10) copies of the following information must be submitted thirty (30) days prior to the first public hearing. STEP 6: SCHEDULING OF HEARING AND Failure to submit the required information within the PREPARATION OF LEGAL NOTICE: time periods prescribed may result in a dismissal by the The Office of the Zoning Board of Appeals schedules Zoning Board of an application as incomplete. the applicant for a hearing date and prepares the legal The information herein is an abstract of more notice for mailing to the parties in interest(abutters) and specific requirements listed in the Zoning Board for publication in the newspaper. The petitioner is Rules and Regulations and is not meant to notified that the legal notice has been prepared and the i supersede them. The petitioner will complete items cost of the Party in Interest fee. that are underlined STEP 7: DELIVERY OF LEGAL NOTICE TO NEWSPAPER STEP 1: ADMINISTRATOR PERMIT DENIAL: The petitioner picks up the legal notice from the Office The petitioner applies for a Building Permit and of the Zoning Board of Appeals and delivers the legal receivers a Permit Denial form completed by the notice to the local newspaper publication. Building Commissioner. STEP 8: PUBLIC HEARING BEFORE THE ZONING STEP 2: VARIANCE APPLICATION FORM: BOARD OF APPEALS: Petitioner completes an application form to petition the The petitioner should appear in his/her behalf, or be Board of Appeals for a Variance. All information as represented by an agent or attorney. In the absence of E required in items 1 through and including 11 shall be any appearance without due cause on behalf of the completed. petitioner, the Board shall decide on the matter by using the information it has otherwise receive. STEP 3: PLAN PREPARATION: Petitioner submits all of the required plan information as STEP 9: DECISION: cited in section 10, page 4 of this form After the hearing, a copy of the Board's decision will be sent to all parties in interest. Any appeal of the Board's STEP 4: OBTAIN LIST OF PARTIES IN INTEREST: decision may be made pursuant to Massachusetts The petitioner requests from the Assessors Office a General Law ch. 40A sec. 17, within twenty (20).days certified list of Parties in Interest(abutters). after the decision is filed with the Town Clerk. i STEP 5: SUBMIT APPLICATION: STEP 10: RECORDING THE DECISION AND PLANS. Petitioner submits one(1) original and 10 Xerox copies The petitioner is responsible for recording certification of of all the required information to the Town Clerk's Office the decision and any accompanying plans at the Essex to be certified by the Town Clerk with the time and date County, North Registry of Deeds, 381 Common St., of filing. The original will be left at the Town Clerk's Lawrence MA, and shall complete the Certification of Office, and the 10 Xerox copies will be left with the g g Board of Recording form and forward it to the Zortin Zoning Board of Appeals secretary. Appeals and the Building Department. a ala}a£}3i aaai.a.u£}as aisasvaa3iSiSa`}i4}}sii}3 vaSSiiai}a}iiasaYSSsys.tla4}Sdsfiaisaa4}}asria}av£aweissai£S}ibi3iiiEi}af}lis}2}a`ai}iiaaisa'iivs3Di3SuiiFY£aiaa£taidaiiariissels}£a3li as ass£aalisa $SavvF •« IMPORTANT PHONE NUMBERS: 978-688-9533 Office of Community Dev & Services > < 27 Charles Street, North Andover, MA �= 01845 978-688-9501 Town Clerk's Office 978-688-9542 fax for Community Development offices 978-688-9566 Assessor's Office 978-688-9545 Building Department 978-688-9541 Zoning Board of Appeals Office PAGE 1 of 4 Page 2 of 4 i Application for a VARIAN C E Zoning Board of Appeals 1. Petitioner: Name, add ess and telephone number: L� D `A&2 A- 4 zx-:Q ;S *The petitioner shall be entered on the legal notice and the decision as entered above. 2. Owners of Land: Name, Address and Telephone number and number of years under this ownership: 1-rho — &,'Q n)� ec2s,- Years Owned Land: 2® 3. Location of Property: a. Street: ill n67 Zoning District { b. Assessors: Map number !o3 _Lot Number: 120 c. Registry of Deeds: Book Number 473 Page Number: _ 4. Zoning Sections under which the petition for the Variance is made. %�C%iwrj C E5.4J � i ;;EDN i `7 � o f4 7, Z srTgaeT m -i- fa z gio - G!6ep o P4 4, 1 3c *Refer to the Permit Denial and Zoning By-Law Plan Review as suppli6d by the Building Commissioner Vg-&- -`T, 5. Describe the Variance request i mf� t✓ aovG� iPP m R—C5", P.-t W Ezx�),T'`' inr CZA 2 9TH- F490 N re6 CE, *The above description shall be tised for the purpose of the legal notice and decision. A more detailed description is required pursuant to the Zoning Board Rules and Regulations as cited on page 4 of this application.Failure by the applicant to clearly describe the request may result in a decision that does not address the intent of the applicant. The decision will be limited to the request by the applicant and will not involve additional items not included above. 6a, Difference from Zoning By-Law requirements: Indicate the dimensions that will not meet current Zoning By-Law Requirements. (A and B are in the case of a lot split) Lot Area Open Space Percent Lot Frontage: Parking * Minimum Lot set Back Sq. Ft. Sq. Ft. Coverage Feet Spaces Front Side A Side B Rear f A. °lo ✓� /��Sr;% B. % Page 3 of 4 Application for a VARIANCE Zoning Board of Appeals 6. b. Existing Lot: Lot Area Open Space Percent,Lot Frontage Parking * Minimum Lot set Back Sq. Ft. Sq. Ft. Coverage Feet Spaces Front Side A Side B Rear c. Proposed Lot (S): Lot Area Open Space Percent Lot Frontage Parking * Minimum Lot set Back' Sq. Ft. Sq. Ft. Coverage Feet Spaces Front Side A Side B Rear % d7y j —36 30 o� d. Required Lot: (As required by Zoning By-Law) Lot Area Open Space Percent Lot Frontage Parking Minimum Lot set Back Sq. Ft. Sq. Ft. Coverage Feet Spaces Front Side A Side:B Rear % 17� 30 _�,2 30 3CO 7. a. Existing Buildings: Ground Floor Number of Total Use of Square feet Floors Sq.feet Building* *Reference Uses from the Zoning Bye-Law.State number of units in building. b. Proposed Buildings: Ground Floor Number of Total c' Use of Square feet Floors Sq.feet Building* *Reference Uses from the Zoning By Law.State number of units in building. 6. Petitioner and Landowner signature (s): Every application for a Variance shall be made on this form which is the official form of the Zoning Board of Appeals. Every application shall be filed with the Town Clerk's Office. It shalt 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 the Zoning Board of Appeals 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 Zoning Board Rules and Regulations may result in a dismissal by the Zoning Board of this application as incom tete. Si nat e Vr Type above name (s) mere <AV79) R, SS�x),4 A006- �t7 �Z"+ &-114S — a PAGE 40F4 VARIANCE 9. WRITTEN DOCUMENTATION *10. B. *Plan Specifications: Application for a Variance must be supported by a 1) Size of plan: Ten (10) paper copies of a plan legibly written or typed memorandum setting forth in not to exceed 11"x17", preferred scale of 1"=40' detail all facts relied upon. When requesting a variance ID One(1) Mylar. from the requirements of MGLA ch. 40A, Sec. 10.4 and III) Plan prepared by a Registered Professional the North Andover Zoning By-laws, all dimensional Engineer and/or Land Surveyor, with a block for requirements shall be clearly identified and factually five(5)ZBA signatures and date indicated on the supported. Each point,A-F individually, is required Mylar. to be addressed with this application. *10 C. *Features To Be Indicated On Plan: A. The particular use proposed for the land or I) Site Orientation shell include: structure. 1. north point B. The circumstances relating to soil conditions, shape 2. zoning district(s) or topography of such land or structures especially 3. names of streets affecting the property for which the Variance is 4. wetlands(if applicable) sought which do not affect generally the zoning 5. abutters of property, within 300' radius district in which the property is located. 6. locations of buildings on adjacent properties C. Facts which make up the substantial hardship, within 50'from applicants proposed structure financial or otherwise, which results from literal 7. deed restrictions, easements. enforcement of the applicable zoning restrictions In Legend&Graphic Aids: with respect to the land or building for which the 1. Proposed features in solid lines&outlined in red variance is sought. 2. Existing features to be removed in dashed lines D. Facts relied upon to support a finding that relief 3. Graphic Scales sought will be desirable and without substantial 4. Date of Plan detriment to the public good. 5. Title of Plan E. Facts relied upon to support a finding that relief 6. Names addresses and phone numbers of the sought may be given without nullifying or applicant, owner or record, and designer or substantially derogating from the intent or purpose surveyor. 9 of the Ordinance. F. Submit RDA from Conservation Commission when 10 D. Minor Projects Continuous Buildable Area is applied for in ZBA Minor projects,such as docks, sheds, and garages, application. shall require only the plan information as indicated with an. asterisks(*). In some cases further information may 10. PLAN OF LAND be required Each application to the Zoning Board of Appeals shall be accompanied by the following described pian. Plans 11. APPLICATION FILING FEES must be submitted with this application to the Town A. Notification fees: Applicant shall provide a Clerk's Office and ZBA secretary at least thirty (30) days check or money order to: "Town of North Andover- prior to the public hearing before the Zoning Board of #022-17604841"for the cost of first class, certified, appeals. return receipt($4.42 as of November 2003)x#of all parties in interest identified in MGLA ch. 40A§11 on the A set of building elevation plans by a Registered abutter's list for the legal notice check. Also, the Architect may be required when the application applicant shall supply first class postage stamps involves new construction/conveysion/ r (currently 37¢)x the#of parties of interest on the Iv and/or a o proposed change in use. abutter's list for the decision mailing. 13. Mailing labels: Applicant shall provide four(4) 10 A. Major Projects sets of mailing labels no larger than 1"x2-5/8" (3 copies Major projects are those, which involve one of the for the Legal mailing and one copy for the Decision following whether existing or proposed: mailing). I) five or more parking spaces, C. Administrativefee of$50.00 per application. � II)three (3) or more dwelling units, ►► A Variance once granted by the ZBA will lapse III)2000 square feet of building area. in 1 (one)year if not exercised and a new petition Major Projects shall require that in addition to the above must be submitted. . features, plans must show detailed utilities, soils, and topographic information. i I N/F SCULLY LATER N/F SJJ TRUST S 38'Tf� tit t LAKE fVf A33 ?4.4q• F 1 -�x2� �\��It �\ S cp COCHICHEWICK '.-' a `�T END OF BIT. Op' 8 r4` \ .,�` :1 , / \ --4 �,." \7 "`c CONC. PAVEMENT 85... so? xzs --I ' 21; J%A e A "\��1 02\\r r0 s w+ N SS IyNT r'. -w�fGG P Q� f N/F MANGE _ WRt Ast "3 tr 0 96Fr''•. + r \ \"* > 1 S ss a 9y os,wv 2 \ A2z �\ t ': ��\ \ �twl a�;'v � ' 1 4g g \, \ZB ` \ `\\•••.�t44---�\ \ l '`Es,\� wF Aa ,\Y\jam` 9g7" S S 51'63g'47"p ° q w� 1 �+I,,, >dWAto r, A3 - 91. 5 88.36 48.03 7" 2 \\ \A2 \\ �` \ \\ \\ �,.\`.�\\ a/rr ;AM2'^ we at 8 161,65 \1 r 127.9 2 ` \ `` \� \ \ .\ \ \ \ 1 1 WF All LIMIT OF 50' \ A2#t\ \• \ \ `•1� •...' i2 o ° "NO BUILD" ZONE\ \ \ l�\ \ \ •�'� ! / ° LIMIT OF 25' \ wf\23 \\ \*\ /l/ � / ; LOCUS MAP N h "NO DISTURB" ZONE \ •.,,,,1Axi I! �//i// A73 \ ALIMIT N 3 SCALE: 1"=2000' \ FLAGGED WETLANDS \\\ \\\` ' `` ,3��/ r /�W'A/ WF A75 QD A / 4 yp� Oq \ \ _ 1 ..CWF'A16 i 47 h �y ta\ UMIT OF 100'BUFFER ni Ats3*'� / o FROM BORDERING VEGETATED WETLANDS ,,,�� o� M N/F MESSINA by N/F MESSINA 3 y y N/F WALKER �5. �'. M n M y MAP 103 LOT 120 N/F MESSINA LOT AREA ~ 561.953*S.F. 12.90± ACRES TOWN OF NORTH ANDOVER, MASSACHUSETTS CONTIGUOUS BUILDABLE AREA - - ,,^" ZONING BOARD OF APPEALS 56.150 S.F.t co N/F O'NEILL \�9> 2 .631. DATE wro' OWNER OF RECORD: 'y SANTO & ANNE MESSINA ti 115 WINTER STREET NORTH ANDOVER, MA. 01845 TEL. 978-685-3828 \ s APPLICANT: CLAUDE & LAURA ELIAS \ 3 119 HOOKER FARM ROAD SALEM, NH 03079 TEL. 603-894-5388 o y N O c. \9 o N N N/F HAYES a PLAN OF LAND ZONING DISTRICT: RESIDENTIAL I (R1) n IN NORTH ANDOVER, MASSACHUSETTS PLAN REFERENCE: \Ss• AS PREPARED FOR THE PROPERTY LINES SHOWN HEREON WERE TAKEN FROM A PLAN ENTITLED \�� SANTO & ANNE MESSINA "PLAN OF LAND IN NORTH ANDOVER, MASS., SCALE; 1"=50', DATE: MARCH 28, , 1985, PREPARED FOR SANTO & ANNA MESSINA AND SALV'ATORE A. & LAURIE MESSINA" BY ANDOVER CONSULTANTS, INC., RECORDED AT ESSEX NORTHtiJ�. ( PEMBROKE LAND SURVEY CO. DISTRICT REGISTRY OF DEEDS AS PLAN No. 10085. W , PO BOX 205 SALEM, NEW HAMPSHIRE 03079 76g hN/ i i� c-n\ PO BOX 491 NEWBURYPORT, MASSACHUSETTS 01950 GRAPHIC SCALE - �" C L v, SCALE DATE DRAWING No. u IV 42ge47, w 10 1 IN. = 50 FT. MAY 4, 2004 1 SI I FEET . N/F BAIMAS N 4¢`17 1Y �F'S /(). L �\'4'..' REVISIONS JOBB 69/0227 N/F SUBATCH 774,7Y , ss SHEET No. 1 OF 1 Massachusetts Department of Environmental Protection Bureau of Resource Protection - Wetlands DEP File Number: WPA Form 5 - Order of Conditions 242-1300 Massachusetts Wetlands Protection Act M.G.L. c. 131, §44 A. General Information Important: North Andover When filling From: 1.Conservation Commission out forms on the computer, 2. This issuance is for(check one): ® Order of Conditions ❑ Amended Order of Conditions use only the tab key to 3. To: Applicant: move your cursor-do not Claude Elias use the return a.First Name b.Last Name c.Company key. 119 Hooker Farm Road d.Mailing Address Salem NH. 03079 e.City/Town f.State g.Zip Code 4. Property Owner(if different from applicant): Santo&Anne Messina a. First Name b.Last Name c.Company 115 Winter Street d.Mailing Address North Andover MA. 01845 e.City/Town f.State g.Zip Code 5. Project Location: Winter Street, Single-family dwelling Map 103, North Andover Lot 120 b.City/Town Map 103 Lot 120 c.Assessors Map/Plat Number d.Parcel/Lot Number Latitude and Longitude, if known (note: electronic filers will click for GIS locator): e.Latitude f.Longitude I s. Property recorded at the Registry of Deeds for(attach additional information if more than one parcel): Essex North a.County b.Certificate(if registered land) 4736 156 c. Book d.Page 2/24/05 5/11/05 7. Dates: a.Date Notice of Intent Filed b.Date Public Hearing Closed c.Date of Is uance 8. Final Approved Plans and Other Documents(attach additional plan or document references as needed): Plan to Accompany A Notice of Intent, Sheet 1, Winter Street Impovement&Watershed Special Permit, Sheet 2. Serwatka Engineering Joseph J. Serwatka, P. E. b. Prepared By c.Signed and Stamped by 2/10/05 with revisions made through 4/20/05 1"=20' d.Final Revision Date e.Scale f.Additional Plan or Document Title g. Date - 9. Total WPA Fee Paid: $1, 100 $250.00 $850.00 a.Total Fee Paid b.State Fee Paid c.City/Town Fee Paid wpaform5.doc-rev.3/1/05 Page 1 of 9 r i Massachusetts Department of Environmental Protection Bureau of Resource Protection -Wetlands DEP File Number: WPA Form 5 - Order of Conditions 242-1300 Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 B. Findings T. Findings pursuant to the Massachusetts Wetlands Protection Act: Following the review of the above-referenced Notice of Intent and based on the information provided in this application and presented at the public hearing, this Commission finds that the areas in which work is proposed is significant to the following interests of the Wetlands Protection Act. Check all that apply: a. ® Public Water Supply b. ❑ Land Containing Shellfish c. ® Prevention of Pollution d. ® Private Water Supply e. ❑ Fisheries f. ® Protection of Wildlife Habitat g. ® Groundwater Supply h. ® Storm Damage Prevention i. ® Flood Control 2. This Commission hereby finds the project,as proposed, is: (check one of the following boxes) Approved subject to: ® the following conditions which are necessary in accordance with the performance standards set forth in the wetlands regulations. This Commission orders that all work shall be performed in accordance with the Notice of Intent referenced above, the following General Conditions, and any other special conditions attached to this Order. To the extent that the following conditions modify or differ from the plans, specifications, or other proposals submitted with the Notice of Intent, these conditions shall control. Denied because: ❑ the proposed work cannot be conditioned to meet the performance standards set forth in the wetland regulations. Therefore, work on this project may not go forward unless and until a new Notice of Intent is submitted which provides measures which are adequate to protect these interests, and a final Order of Conditions is issued. A description of the performance standards which the proposed work cannot meet is attached to this Order. ❑ the information submitted by the applicant is not sufficient to describe the site, the work, or the effect of the work on the interests identified in the Wetlands Protection Act. Therefore, work on this project may not go forward unless and until a revised Notice of Intent is submitted which provides sufficient information and includes measures which are adequate to protect the Act's interests, and a final Order of Conditions is issued. A description of the specific information which is lacking and why it is necessary is attached to this Order as per 310 CMR 10.05(6)(c). Inland Resource Area Impacts: Check all that apply below. (For Approvals Only) ❑ Buffer Zone Impacts: Shortest distance between limit of project disturbance and wetland boundary(if available) linear feet Resource Area Proposed Permitted Proposed Permitted Alteration Alteration Replacement Replacement 3. ❑ Bank a.linear feet b. linear feet c.linear feet d.linear feet 4. ❑ Bordering Vegetated Wetland a.square feet b.square feet c.square feet d.square feet 5. ❑ Land Under a.square feet b.square feet c.square feet d.square feet Waterbodies and Waterways e.cu.yd dredged f.cu.yd dredged wpaform5.doc• rev.3/1/05 Page 2 of 9 f Massachusetts Department of Environmental Protection L11 Bureau of Resource Protection - Wetlands DEP File Number: WPA Form 5 - Order of Conditions 242-1300 Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 B. Findings (cont.) Resource Area Proposed Permitted Proposed Permitted Alteration Alteration Replacement Replacement 6. ❑ Bordering Land Subject to Flooding a.square feet b.square feet c.square feet d.square feet Cubic Feet Flood Storage e.cubic feet f.cubic feet g.cubic feet h.cubic feet 7. ❑ Isolated Land Subject to Flooding a.square feet b.square feet Cubic Feet Flood Storage c.cubic feet d.cubic feet e.cubic feet f,cubic feet s. ❑ Riverfront area a.total sq.feet b.total sq.feet Sq ft within 100 ft c.square feet d.square feet e.square feet f.square feet Sq ft between 100-200 ft i e.square feet f.square feet e.square feet f.square feet Coastal Resource Area Impacts: Check all that apply below. (For Approvals Only) 9. ❑ Designated Port Indicate size under Land Under the Ocean, below Areas 10. ❑ Land Under the Ocean a.square feet b.square feet c.cu.yd dredged d.cu.yd dredged 11. ❑ Barrier Beaches Indicate size under Coastal Beaches and/or Coastal Dunes below I 12. ❑ Coastal Beaches a.square feet b.square feet c.Gy nourishmt. d.c/y nourishmt. 13. ❑ Coastal Dunes a.square feet b.square feet c.c/y nourishmt. d.c/y nourishmt 14. ❑ Coastal Banks a.linear feet b.linear feet 15. ❑ Rocky Intertidal Shores a.square feet b.square feet 16. ❑ Salt Marshes a.square feet b.square feet c.square feet d.square feet 17. ❑ Land Under Salt Ponds a.square feet b.square feet c.cu.yd dredged d.cu.yd dredged 18. ❑ Land Containing Shellfish a.square feet b.square feet c.square feet d.square feet 19. ❑ Fish Runs Indicate size under Coastal Banks, inland Bank, Land Under the Ocean, and/or inland Land Under Waterbodies and Waterways, above a.cu.yd dredged b.cu.yd dredged 20. ❑ Land Subject to Coastal Storm Flowage a.square feet b.square feet wpaform5.doc- rev.3/1/05 Page 3 of 9 7 L11Massachusetts Department of Environmental Protection Bureau of Resource Protection - Wetlands DEP File Number: WPA Form 5 - Order of Conditions 242-1300 Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 C. General Conditions Under Massachusetts Wetlands Protection Act (only applicable to approved projects) 1. Failure to comply with all conditions stated herein, and with all related statutes and other regulatory measures, shall be deemed cause to revoke or modify this Order. 2. The Order does not grant any property rights or any exclusive privileges; it does not authorize any injury to private property or invasion of private rights. 3. This Order does not relieve the permittee or any other person of the necessity of complying with all other applicable federal, state, or local statutes, ordinances, bylaws, or regulations. 4. The work authorized hereunder shall be completed within three years from the date of this Order unless either of the following apply: a. the work is a maintenance dredging project as provided for in the Act; or b. the time for completion has been extended to a specified date more than three years, but less than five years, from the date of issuance. If this Order is intended to be valid for more than three years, the extension date and the special circumstances warranting the extended time period are set forth as a special condition in this Order. 5. This Order may be extended by the issuing authority for one or more periods of up to three years each upon application to the issuing authority at least 30 days prior to the expiration date of the Order. 6. Any fill used in connection with this project shall be clean fill.Any fill shall contain no trash, refuse, rubbish, or debris, including but not limited to lumber, bricks, plaster, wire, lath, paper, cardboard, pipe, tires, ashes, refrigerators, motor vehicles, or parts of any of the foregoing. 7. This Order is not final until all administrative appeal periods from this Order have elapsed, or if such an appeal has been taken, until all proceedings before the Department have been completed. 8. No work shall be undertaken until the Order has become final and then has been recorded in the Registry of Deeds or the Land Court for the district in which the land is located, within the chain of title of the affected property. In the case of recorded land, the Final Order shall also be noted in the Registry's Grantor Index under the name of the owner of the land upon which the proposed work is to be done. In the case of the registered land, the Final Order shall also be noted on the Land Court Certificate of Title of the owner of the land upon which the proposed work is done. The recording information shall be submitted to this Conservation Commission on the format the end of this Order, which form must be stamped by the Registry of Deeds, prior to the commencement of work. 9. A sign shall be displayed at the site not less then two square feet or more than three square feet in size bearing the words, "Massachusetts Department of Environmental Protection" [or, WA DEP"] "File Number 242-1300 wpaform5.doc• rev.311/05 Page 4 of 9 Massachusetts Department of Environmental Protection Bureau of Resource Protection -Wetlands DEP File Number: WPA Form 5 - Order of Conditions 242-1300 Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 C. General Conditions Under Massachusetts Wetlands Protection Act % Where the Department of Environmental Protection is requested to issue a Superseding Order, the Conservation Commission shall be a party to all agency proceedings and hearings before DEP. 11. Upon completion of the work described herein,the applicant shall submit a Request for Certificate of Compliance(WPA Form 8A)to the Conservation Commission. 12. The work shall conform to the plans and special conditions referenced in this order. 13. Any change to the plans identified in Condition#12 above shall require the applicant to inquire of the Conservation Commission in writing whether the change is significant enough to require the filing of a new Notice of Intent. 14. The Agent or members of the Conservation Commission and the Department of Environmental Protection shall have the right to enter and inspect the area subject to this Order at reasonable hours to evaluate compliance with the conditions stated in this Order, and may require the submittal of any data deemed necessary by the Conservation Commission or Department for that evaluation. 15. This Order of Conditions shall apply to any successor in interest or successor in control of the property subject to this Order and to any contractor or other person performing work conditioned by this Order. 16. Prior to the start of work, and if the project involves work adjacent to a Bordering Vegetated Wetland, the boundary of the wetland in the vicinity of the proposed work area shall be marked by wooden stakes or flagging. Once in place, the wetland boundary markers shall be maintained until a Certificate of Compliance has been issued by the Conservation Commission. 17. All sedimentation barriers shall be maintained in good repair until all disturbed areas have been fully stabilized with vegetation or other means. At no time shall sediments be deposited in a wetland or water body. During construction, the applicant or his/her designee shall inspect the erosion controls on a daily basis and shall remove accumulated sediments as needed. The applicant shall immediately control any erosion problems that occur at the site and shall also immediately notify the Conservation Commission, which reserves the right to require additional erosion and/or damage prevention controls it may deem necessary. Sedimentation barriers shall serve as the limit of work unless another limit of work line has been approved by this Order. 18. All work associated with this Order is required to comply with the Massachusetts Stormwater Policy Standards. Special Conditions: If you need more See attached space for additional conditions, select box to attach a text document wpaform5.doc- rev.3/1/05 Page 5 of 9 r , Massachusetts Department of Environmental Protection Bureau of Resource Protection -Wetlands SEP File Number: WPA Form 5 - Order of Conditions 242-1300 Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 D. Findings Under Municipal Wetlands Bylaw or Ordinance 1. Is a municipal wetlands bylaw or ordinance applicable? ® Yes ❑ No 2. The North Andover hereby finds(check one that applies): Conservation Commission 3. ❑ that the proposed work cannot be conditioned to meet the standards set forth in a municipal ordinance or bylaw specifically: a.Municipal Ordinance or Bylaw b.Citation Therefore, work on this project may not go forward unless and until a revised Notice of Intent is submitted which provides measures which are adequate to meet these standards, and a final Order of Conditions is issued. 4. ® that the following additional conditions are necessary to comply with a municipal ordinance or bylaw: North Andover Wetland Protection Bylaw Chapter 178 a. Municipal Ordinance or Bylaw b.Citation The Commission orders that all work shall be performed in accordance with the following conditions and with the Notice of Intent referenced above. To the extent that the following conditions modify or differ from the plans, specifications, or other proposals submitted with the Notice of Intent, the conditions shall control. If you need more c. The special conditions relating to municipal ordinance or bylaw are as follows: space for additional See attached conditions, select box to attach a text document Page 6 of 9 wpaform5.doc• rev.3/1/05 f DEP FILE #242— 1300 (SFH) 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 DEP determines that any of the work is not in compliance with this Order of Conditions. Work shall not resume until the NACC is satisfied that the work will comply and has so notified the applicant in writing. 20. This Order does not relieve the permittee or any other person of the necessity of complying with all other applicable federal, state or local statutes, ordinances,by- laws or regulations. 21. The work authorized hereunder shall be completed within three years from the date of this order. 22. This Order may be extended by the issuing authority for one or more periods of up to one year each upon application to the issuing authority at least thirty days (30) prior to the expiration date of the Order (Refer to Section 8.3 (p.37)of the North Andoz)er Wetland Regulations). C:\Winword\OOC\SFH, WinterSt.doc 1 NACC 5/26/05 DEP FILE # 242— 1300 (SFU) 23. The NACC reserves the right to amend this Order of Conditions after a legally advertised public hearing if plans or circumstances are changed or if new conditions or information so warrant. 24. Where the Department of Environmental Protection(DEP) is requested to make a determination and to issue a Superseding Order, the Conservation Commission shall be a party to all agency proceedings and hearings before the Department. 25. This Order of Conditions is issued , tander File No.242-1300. 26. The conditions of this decision shall apply to, and be binding upon,the applicant, owner, its employees and all successors and assigns in interest or control. These obligations shall be expressed in covenants in all deeds to succeeding owners of portions of the property. 27. The term"Applicant" as used in this Order of Conditions shall refer to the owner, any successor in interest or successor in control of the property referenced in the Notice of Intent, supporting documents and this Order of Conditions. The NACC shall be notified in writing within 30 days of all transfers of title of any portion of property that takes place prior to the issuance of a Certificate of Compliance. 28. The proposed work includes: the construction of a single-family house with associated site clearing and grading,installation of necessary appurtenances and stormwater structures within the Buffer Zone to Bordering Vegetated Wetlands (BVV1I) associated to a pond.The 12.90-acre lot is also within the Lake Cochichewick Watershed. This Order of Conditions and the submitted Notice of Intent applies only to the single-family house and its associated activities.The extension of the driveway/roadway,utilities and drainage facilities relative to the driveway was filed under a separate Notice of Intent filing,DEP File #242-1309, and is not part of this Order. 29.The work shall conform to the following(except as noted in the remainder of this document where revisions may be required): Notice of Intent filed by: Elias Claude (Applicant) 119 Hooker Farm Road Salem,MA 03079 Date filed: February 24,2005 Site Plans prepared by: Sheet 1,entitled, "Plan to Accompany a Notice of Intent prepared by Pembroke Land Survey Co., dated February 10,2005. Stamped and signed by Joseph J. Serwatka,P.E. CAWinword\OOC\SFH,WinterSt.doc 2 NACC 5/26/05 DEP FILE #242— 1300 (SFH) Sheet 2 entitled, "Winter Street Improvements and Watershed Special Permit Plan", prepared by Pembroke Land Survey Co., dated February 10,2005 with revisions made through April 20,2005. Stamped & signed by Joseph Serwatka,P.E. Other Documents: North Andover Conservation Commission Waiver Request Form dated February 25,2005. Waiver Request Narrative,prepared by Joseph Serwatka, P.E., dated February 25,2005 Memorandum prepared by Jack Sullivan,P.E, Director of Engineering,Town of North Andover,entitled "Winter Street Watershed Special Permit,Elias Property", dated April 28,2005. Email from Jack Sullivan,P.E.,to Pamela Merrill, Conservation Associate dated April 12,2005,regarding the oil/sediment separator. Email from Jack Sullivan,P.E.,to Pamela Merrill, Conservation Associate, dated May 4,2005,regarding the buoyancy calculations. Operation&Maintenance Plan prepared by: Joseph J. Serwatka,P.E., entitled, "Operation & Maintenance Plan for Winter Street" and Buoyancy Calculations for the Oil/Sediment Separator. Cover page dated April 20,2005 30.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. 31. The NACC agrees with the applicant's delineation of the wetland resource areas on the site as previously approved under an p Order of Resource Area.Delineation Y PP (ORAD), DEP File #242-1251. 32. The NACC finds that the intensive use of the upland areas and buffer zone proposed on this site will cause further alteration of the wetland resource areas. In CAWinword\OOC\SFH,WinterSt.doc 3 NACC 5/26/05 DEP FILE #242 -1300 (SFH) order to prevent any alteration of wetland resource areas a twenty five foot (25') No-Disturbance Zone and a fifty foot(50') No-Construction Zone shall be established from the edge of the adjacent wetland resource area except as follows: for portions of the driveway/roadway and installation of utilities,as shown on the approved site plan referenced herein. This will impact approximately 750 s.f. of the 25'No Disturbance Zone.The Conservation Administrator and/or other agents of the NACC do not have the authority to waive these setbacks as established under the local bylaw. No disturbance of existing grade, soils or vegetation is permitted in the No-Disturbance zone. (See Section 3.4&Appendix F of the local Regulations). 33. The NACC granted a waiver under DEP File #242-1309 for work within the regulated 25' No Disturbance Zone and the 50'No Build Zone for the purposes of constructing the driveway/roadway and installing the underground utilities. The NACC agrees with the applicant that they are limited by the existing layout of Winter Street due to the existing field stonewall (property lines),and the requirements governed by both the North Andover Department of Public Works and the Planning Board. As such,there are no other feasible alternatives that will have a lesser impact on the adjacent wetland resource area and its Buffer Zones. 34. The NACC finds the applicant's proposal for 1,500 s.f. of restoration (associated with the impacts to the 25' No Disturbance Zone and 50' No Build Zone)to be adequate. The proposal of five (5) Eastern Hemlock saplings (Tsuga canadensis)as listed on record plan is also found to be adequate. However,the list of shrub species as shown on the record plan,which includes burning bush, rhododendron,and azalea shall be replaced with any twenty(20) of the following species: American cranberrybush (Vaccinium trilobum) (FACW) Red chokeberry (Aronia arbutifolia) (FACW) Black chokeberry (Aronia melancarpa) (FAC) Shadblow/Serviceberry (Amelanchier canadensis/arborea) (FAC) Witch hazel (Hamamelis virginiana) (FAC-) Bayberry (Myrica pensylvanica) (FAC) Highbush Blueberry (Vaccinium corymbosum) (FACW) Silky dogwood (Cornus amomum) (FACW) Red-osier dogwood (Cornus sericea) (FACW+) Alternate-leaved dogwood (Cornus amomum) (UPL) The 25 restoration plantings shall not be grouped together in one dense location, rather spread out and concentrated along the approved tree line to provide a j physical barrier along the limits of disturbance.The shrubs shall be planted on 10 -12' centers,and the Eastern hemlocks planted on 12-15'centers. CAWinword\OOC\SFH, WinterSt.doc 4 NACC 5/26/05 DEP FILE #242— 1300 (SFH) 35. A qualified wetland scientist or botanist shall monitor the restoration area for two (2) consecutive growing seasons (spring and fall) upon installation of the plantings. At the end of each inspection, a progress report of the relative success or failure of the restoration efforts must be prepared by the wetland scientist or botanist, and submitted to the North Andover Conservation Commission(NACC). A total of FOUR separate monitoring reports for the restoration area shall be submitted over a two-year period. If at the end of the second growing season, overall success of restoration activities is not achieved,the NACC reserves the rights to require additional mitigation measures. 36. 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. 37. The owners of the project and their successors in title, in the event they proceed to alter areas subject to the Commissions 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. Maintenance of the drainage system becomes the responsibility of the applicant or landowner. 38. 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 39. 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. 40. 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 C:\Winword\OOC\SFH,WinterSt.doc 5 NACC 5/26/05 DEP FILE #242 - 1300 (SFH) 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 anon 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. 41. A sign shall be displayed at the site not less than two square feet or more than three square feet in size bearing the words "Massachusetts DEP File #242-1300." 42. Any changes in the submitted plans caused by the applicant,another Board's decision or resulting from this Order of Conditions must be submitted to the NACC for approval prior to implementation. If the NACC finds said changes to be significant, the NACC will call for another public hearing(at the expense of the applicant). Within 21 days of the close of said public hearing the NACC will issue an amended or new Order of Conditions. Any errors found in the plans or information submitted by the applicant shall be considered as changes. The proposed project may be still under review by other local or state boards or agencies. This may result in changes to the project plans or wetland impacts. If any such changes occur a revised plan and an explanation of the revisions shall be submitted to the NACC for review and approval prior to the start of construction. No work shall begin on a project until written approval has been granted by the NACC. 43. 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. 44. 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. 45. Wetland flagging shall be checked prior to start of construction and shall be re- established where missing. All wetland flagging shall remain visible and enumerated per the approved plan(s) throughout the life of the project and until a Certificate of Compliance is issued so that erosion control measures can be properly placed and wetland impacts can be monitored. The proposed limit of work shall be shall be clearly marked with stakes or flags and shall be confirmed by the NACC. Such markers shall be checked and replaced as necessary and shall be maintained until all construction is complete. Workers should be informed that no use of machinery, storage of machinery or materials, stockpiling of soil, or construction C:\Winword\OOC\SFH,WinterSt.doc 6 NACC 5/26/05 DEP FILE #242- 1300 (SFH) 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. 46. 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. 47. The applicant shall have on hand at the start of any soil disturbance,removal or stockpiling, a minimum of 15 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. 48. A check payable to the Town of North Andover shall be provided in the amount of $3,000,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. 49. The applicant shall designate a Wetland Scientist as an"Environmental Monitor" (EM) to oversee any emergency placement of controls and regular inspection or replacement of sedimentation control devices. The name and phone number of the erosion control monitor must be provided to the NACC in the event that this person has to be contacted, due to an emergency at the site, during any 24-hour period, including weekends. This professional must submit a letter to the Conservation Department,on company letterhead stating they have been retained as the C:\Winword\OOC\SFH,WinterSt.doc 7 NACC 5/26/05 DEP FILE #242-1300 (SFH) project's Environmental Monitor. The designated Environmental Monitor is subject to approval by the NACC. This person shall also be given the authority to stop construction for erosion control purposes.The EM will ll be required to inspect t all such devices and oversee cleaning and the proper disposal of waste products. Cleaning shall include removal of any entrapped silt. On every MONDAY of each week,in which construction activities occurs on-site and for as long thereafter as ground remains unstabilized,the applicant shall submit a written report from the EM to the NACC certifying that,to the best of his/her knowledge and belief based on a careful site inspection, all work is being performed in compliance with this Order of Conditions and that approved setbacks are being adhered to. The EMC must visually inspect all sedimentation/erosion control measures and assume responsibility for their maintenance on a weekly basis and that they are functioning as intended. In addition,all wetland resource areas must be visually inspected for siltation, turbidity, and/or other water quality impacts. 50. The EM shall be on site during and/or following a major storm event of 1 inch of rain or greater to ensure that soils remain stable,erosion controls are adequate and secure, and that all BMP's are adequately functioning. 51. Prior to construction, the applicant shall permanently mark the edge of the 75' Conservation Zone associated with the Lake Cochichewick Watershed with nine (9) signs or markers spaced evenly every 40 feet along the erosion control line, incorporating the following text: "Protected Wetland Resource Area". This will designate their sensitivity and assure no further inadvertent encroachment into the wetland. These permanent markers are available at the Conservation Department for$2.00 per marker. The placement of said markers are subject to review and approval by the Conservation staff. The applicant shall instruct all agents to explain these markers to buyers/ lessees/ landscapers, and all persons taking over the property from the applicant. 52. 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 before or after to the closing of said land transaction. 53. 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 CAWinword\OOC\SFH,WinterSt.doc 8 NACC 5/26/05 DEP FILE #242— 1300 (SFH) 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 �I 54. All construction and post-construction stormwater management shall be conducted in accordance with supporting documents and plans submitted with the Notice of Intent, the Department of Environmental Protection Storrnwater Management Policy �, and as approved by the NACC in this Order of Conditions. 55. All stormwater best management practices shall.be maintained as specified in the Operation &.Maintenance Plan for Winter Street, dated Apri12005,prepared by �' Joseph J. Serwatka,P.E. (Appendix B-attached) submitted with the Notice of Intent and incorporated in said Order of Conditions. A Registered Professional Civil Engineer shall provide evidence of maintenance associated with the stormwater management structures to the NACC on an annual basis for two- consecutive years upon installation of the structures.The homeowner/landowner shall be the responsible party,who must comply with, and be responsible for all maintenance requirements outlined in the Operation&Maintenance Plan in perpetuity.This condition shall be a continuing condition of this order,even after . a Certificate of Compliance is issued. 56. All roof runoff shall be directed to the groundwater recharge trench to provide groundwater recharge,as shown on the approved plans referenced herein. This shall be maintained in accordance with the above-mentioned Operation & Maintenance Plan.This condition shall be a continuing condition of this order, even after a Certificate of Compliance is issued. 57. 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. C:\Winword\OOC\SFH,WinterSt.doc 9 NACC 5/26/05 DEP FILE #242— 1300 (SFH) 58.Water quality down gradient of BVWs shall not differ significantly following completion of the project from the pre-development conditions. There shall be no sedimentation into wetlands or water bodies from discharge pipes or surface runoff leaving the site. 59. The applicants, owners, and their successors and assignees,shall maintain all culverts, collections 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 60. Accepted engineering and construction standards and procedures shall be followed in the completion of the project. 61. 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(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. 62. 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. 63. A crushed stone construction entrance shall be established to minimize soil/ material tracking onto Winter Street and abutting catch basins.This entrance shall be reinforced as necessary. 64. Erosion control devices shall be inspected regularly; any entrapped silt shall be removed to an area outside of the buffer zone and wetland resource areas; silt fence and hay bales shall be replaced as necessary. 65. De-watering activities anticipated shall be supervised and witnessed by the designated Environmental Monitor (EM).This designee must be on-site while work specific to de-watering activities are occurring and until complete. Activities shall be monitored daily by the ECM to ensure that sediment laden water is appropriately settled prior to discharge toward the wetland resource areas. No CAWinword\OOC\SFH, WinterSt.doc 10 NACC 5/26/05 DEP FILE #242— 1300 (SFH) discharge of water is allowed directly into an area subject to jurisdiction under the MA Wetlands Protection Act and / or the North Andover Wetlands 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 tank or basin,to reduce turbidity prior to discharge into a resource area. 66. 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. 67. No exposed area shall remain unfinished for more than thirty(30) days, unless approved by the NACC. 68. 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. 69. All exposed soil finish grade surfaces shall be immediately landscaped and stabilized, or loamed,seeded and mulched,with a layer of mulch hay. All disturbed areas will be graded,loamed and seeded prior to November 1st of each year. Outside of the growing season, exposed soil finish grade surfaces shall be stabilized with a layer of mulch hay-until climate conditions allow for seeding. 70. The contractor will take all steps necessary to control dust onsite so that adverse effects on adjacent resource areas and/or habitat do not occur. 71. There shall be no stockpiling of soil or other materials within twenty-five (25) feet of any resource area. 72.There shall be no construction vehicles stored;vehicle refueling,equipment lubrication, or maintenance is to be done within 100 feet of any resource area. 73. Washings from concrete trucks, or surplus concrete,shall not be directed to, any drainage system, or wetland resource area. 74. All waste generated by, or associated with,the construction activity shall be contained within the construction area, and away from any wetland resource area. There shall be no burying of spent construction materials or disposal of waste on the site by any other means. The applicant shall maintain dumpsters (or other suitable means) at the site for the storage and removal of such spent construction materials off-site. However, no trash dumpsters will be allowed within 50' of areas subject to protection under the Act or local Bylaw. CAWinword\OOC\SFH,Winterst.doc 11 NACC 5/26/05 DEP FILE#242 -1300 (SFH) 75. 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. AFTER CONSTRUCTION 7L, 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 Towns Wetland protection Bylaw. 7 7 Fertilizers utilized for landscaping and lawn care shall be slow release, low- nitrogen types (<5%), and shall not be used within 75 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 Towns Wetland Protection Bylaw and shall remain in perpetuity. 79. 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. This condition is issued under the authority of the Town's Wetland Protection Bylaw and shall remain in perpetuity. 7 7,. 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. U Q. Upon approval by Conservation Staff and site stabilization, the erosion controls can be removed and properly disposed of. All exposed areas underneath the erosion control shall be seeded for permanent stabilization. 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. CAWinword\OOC\SFH,WinterSt.doc 12 NACC 5/26/05 DEP FILE #242 - 1300 (SFH) d. Signed statements from the individual property owners shall be submitted with the request for a Certificate of Compliance indicating that they read and understood the recorded Order of Conditions prior to purchasing their property. e. The name and address of the individual/trust or corporation to whom the compliance is to be granted. f. The street address and assessor's map/parcel number for the project. g. The DEP file number. h. A written statement from a Registered Professional Civil Engineer (and/or Registered Professional Land Surveyor) of the Commonwealth certifying that the work has been conducted as shown on the plan(s) and documents referenced above, and as conditioned by the Commission. i. An"As-Built" plan prepared and signed and stamped by a Registered Professional Civil Engineer(and/or Registered Professional Land Surveyor) of the Commonwealth,for the public record. This plan will include: ➢ "As-Built" post-development elevations of all drainage & 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 anv disturbance of soils or vegetation. ➢ Location of all subsurface utilities entering the property. . I C:\Winword\OOC\SFH,WinterSt.doc 13 NACC 5/26/05 DEP FILE #242- 1300 (SFH) $�.The following special conditions shall survive the issuance of a Certificate of Compliance (COC) for this project: ➢ 25' No-Disturbance Zone and a 50' No-Construction Zone shall be established from the edge of adjacent wetland resource areas except in those locations approved under this filing. Future work within 100' of existing wetland resource areas will require a separate filing with the NACC. 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#32); ➢ Maintenance of all stormwater structures(Condition#55,*.Sb,s 57). ➢ Discharge or spillage of pollutants (Condition# 7.); ➢ Prohibition of underground fuels (Condition#76); ➢ Limitations on the use of fertilizers, herbicides,road salts, de-icing compounds and pesticides (Conditions #77 &78). ➢ Appendix B: entitled, "Operation &Maintenance Plan&Bouyancy Calculations for Winter Street",dated April 2005,prepared by Joseph J. Serwatka,P.E. No additional filings will be required to conduct maintenance of the above referenced system and plan. III CAWinword\OOC\SFH,WinterSt.doc 14 NACC 5/26/05 DEP FILE #242— 1300 (SFH) APPENDIX A-AFFIDAVIT I� on oath do hereby depose and state: (authorized agent of applicant and/ or owner) (PLEASE CHECK AT LEAST ONE BLOCK) 1) I am the of (position with applicant) . (applicants name) the applicant upon whom the Order of Conditions have been y (DEP or NACC File#) placed upon by the North Andover Conservation Commission (NACC). and / or 2) I am the of (position with owner) (owner) the owner upon whose land Order of Conditions have been (DEP or NACC File#) placed upon by the NACC. ♦ I hereby affirm and acknowledge that I have received said Order of Conditions and have read the same and understand each and every condition,which has been set forth in said Order of Conditions. ♦ I hereby affirm and acknowledge that on this day of , 20---, 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 the Order of Conditions are presently in compliance. ♦ I hereby affirm and acknowledge that this document will be relied upon by the NACC, as well as any potential buyers of said property, which is subject to the Order of Conditions. Signed under the pain and penalties of perjury this day of .20 (Authorized agent of applicant or owner) CAWinword\OOC\SFH,WinterSt.doc IS NACC 5/26/05 DEP FILE #242 -1300 (SFH) APPENDIX B OPERATION & MAINTENANCE PLAN And BOUYANCY CALCULATIONS FOR WINTER STREET Dated April 20, 2005 Prepared By: Joseph J. Serwatka, P.E. II C:\Winword\OOC\SFH,WinterSt.doc 16 NACC 5/26/05 Joseph J. Serwatka,P.E. Post Office Box 1016 RECEIVED North Andover, MA 978-683-6595 APR 2 5 2005 NORTH ANDOVER April 20, 2005 CONSERVATION COMMISSION North Andover Conservation Commission 400 Osgood Street North Andover,MA 01845 FILE COPY Re: Winter Street Notices of Intent Dear Commission Members: We have submitted revised plans for Winter Street dated April 20, 2005. The revisions are based on our last meeting with you. The revisions areas follows: 1. The roadway has been moved slightly to the north as it passes through the buffer zone. This reduces the impact in the 25' zone, and provides more buffer to the wetlands. 2. A 1,500 s.f, mitigation area has been shown adjacent to the grassed basin to account for proposed activity within the 25' no-disturb zone. This is a 2:1 mitigation for the proposed work. A planting list has been added. 3. We have added the distances from the proposed dwelling to the edge of wetlands, as requested. 4. The oil/sediment separator detail has been added to the plan. 5. An operation and maintenance plan was submitted to your staff, as requested. -'-'-6. Bouyancy calculations have been provided for the oil/sediment separator, per you request. We look forward to meeting with the Commission on April 27ffi to discuss this project again. Should you have any questions concerning this letter, please contact me. Snei c rel Jo J. Se atka,P.E. OPERATION& MAINTENANCE PLAN FOR WINTER STREET MAP 103,LOT 120 GRASSED BASIN As a minimum, basin will be inspected after every major storm event for the first few months, after being seeded,to.ensure functionality; Thereafter,inspections should take place every six months in the spring and fall and after every major storm event. The grass areas shoul0 be inspected for slops integrity, soil moisture, vegetative health,soil stability, soil compaction and soil erosion. Grass that is showing wear or erosion will be loamed, seeded, mulched, and fertilized as necessary.to*prevent further erosion from taking place. Grassed basin will be cleared of accumulated sediment, grass clippings, leaves,trash and will be mowed when deemed necessary. Collected-debris will he composted or properly disposed of at the city/town landfill. SEDIMENT AND OIL SEPARATOR The separator should be inspected every six months to determine the rate of sediment and floatables accumulation. When approximately one and one half to two feet of sediment depth has accumulated,the contents should be removedby means of hand held shovels, scallop shovel, or vactor trucks_Asa minimum,it recommended that the separator be cleaned annually. Collected sediments, oils and debris shall be properly disposed of, per state and federal requirements, at the city/town.landfill INFILTRATOR CHAM13ERS To prevent clogging of chambers, roof gutters and downspouts should be inspected and cleaned at least annually. Observations should be made to verify that there ars not frequent overflows from the roof downspouts during more regular storm events. This could be an indicator of trench.failure. STONE INFILTRATION TRENCHES At a minimum, trenches shall be inspected a$sr every major storm event for the first twelve months, after construction, to ensure they are stabilized and functioning properly. Thereafter, inspections should take place every.six months and.after every major storm event. Accumulated leaves, trash, grass clippings shall be removed as necessary and composted or properly disposers of at the city/town landfill. Ponding water could be a sign of trench failure. If standing water is observed for more than five to seven days after a rainfall event,the section of the infiltration trench that is failing shall be replaced with similar materials. The bottom should be scarified or tilled to help induce infiltration at the contact zone.of the receiving soils. ez ) Pe) J � ` pep V' Inel e ,e- r ;. � f Massachusetts Department of Environmental Protection �-- Bureau of Resource Protection - Wetlands DEP File Number: WPA Form 5 - Order of Conditions 242-1300 Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 E. Issuance This Order is valid for three years, unless otherwise specified as a special La 7105 condition pursuant to General Conditions#4, from the date of issuance. 1. Date of Issu rice Please indicate the number of members who will sign this form: q This Order must be signed by a majority of the Conservation Commission. 2.Number of signers The Order must be mailed by certified mail (return receipt requested)or hand delivered to the applicant. A copy also must be mailed or hand delivered at the same time to the appropriate De f Environmental Protection Regional Office, " not filing electronically, and the rty owner, if different from applicant. Signatures: fVA Notary Acknowledgement Commonwealth of Massachusetts County of Essex North -h-% '200's M a On this Day of Month Year Before me, the undersigned Notary Public, Scarf- 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 c9'YY1'2��_ G IMS Signature of Notary Public Donn l Printed Name of Nota ryPu Public Place notary seal and/or any stamp above P1-7/ad09My Comrrhssioh Expires(Date) This Order is issued to the applicant as follows: ❑ by hand delivery on dby certified mail, return receipt requested, on Date Date wpaform5.doc• rev.3/1/05 Page 7 of 9 r L � L1Massachusetts Department of Environmental Protection Bureau of Resource Protection - Wetlands DEP File Number: 1 WPA Form 5 — Order of Conditions 242-1300 Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 F. Appeals The applicant, the owner, any person aggrieved by this Order, any owner of land abutting the land subject to this Order, or any ten residents of the city or town in which such land is located, are hereby notified of their right to request the appropriate DEP Regional Office to issue a Superseding Order of Conditions. The request must be made by certified mail or hand delivery to the Department, with the appropriate filing fee and a completed Request of Departmental Action Fee Transmittal Form, as provided in 310 CMR 10.03(7) within ten business days from the date of issuance of this Order.A copy of the request shall at the same time be sent by certified mail or hand delivery to the Conservation Commission and to the applicant, if he/she is not the appellant.Any appellants seeking to appeal the Department's Superseding Order associated with this appeal will be required to demonstrate prior participation in the review of this project. Previous participation in the permit proceeding means the submission of written information to the Conservation Commission prior to the close of the public hearing, requesting a Superseding Order or Determination, or providing written information to the Department prior to issuance of a Superseding Order or Determination. The request shall state clearly and concisely the objections to the Order which is being appealed and how the Order does not contribute to the protection of the interests identified in the Massachusetts Wetlands Protection Act, (M.G.L. c. 131, §40)and is inconsistent with the wetlands regulations (310 CMR 10.00). To the extent that the Order is based on a municipal ordinance or bylaw, and not on the Massachusetts Wetlands Protection Act or regulations, the Department has no appellate jurisdiction. Section G, Recording Information is available on the following page. wpaf0rm5.dcc• rev.311105 Page 8 of 9 Massachusetts Department of Environmental Protection DEP File Number: �- Bureau of Resource Protection - Wetlands WPA Form 5 - Order of Conditions 242-1300 Wetlands Protection Act M.G.L. c. 131, 40 Massachusetts W § G. Recording Information This Order of Conditions must be recorded in the Registry of Deeds or the Land Court for the district in which the land is located,within the chain of title of the affected property. In the case of recorded land, the Final Order shall also be noted in the Registry's Grantor Index under the name of the owner of the land subject to the Order. In the case of registered land, this Order shall also be noted on the Land Court Certificate of Title of the owner of the land subject to the Order of Conditions. The recording information on Page 7 of this form shall be submitted to the Conservation Commission listed below. North Andover Conservation Commission Detach on dotted line, have stamped by the Registry of Deeds and submit to the Conservation Commission. ------------------------------------------------------------------------------------- To: North Andover Conservation Commission Please be advised that the Order of Conditions for the Project at: 242-1300 Project Location DEP File Number Has been recorded at the Registry of Deeds of: County Book Page for: Property Owner and has been noted in the chain of title of the affected property in: Book Page In accordance with the Order of Conditions issued on: Date If recorded land, the instrument number identifying this transaction is: Instrument Number If registered land, the document number identifying this transaction is: Document Number Signature of Applicant Page 9 of 9 wpaform5.doc• rev.3/1/05 lir-- 9 Massachusetts Department of Environmental Protection Bureau of Resource Protection - Wetlands DEP File Number: WPA Form 5 - Order of Conditions 242-1309 Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 A. General-Information Important: North Andover When filling From: 1.Conservation Commission out forms on the computer, 2. This issuance is for(check one): ® Order of Conditions ' ❑ Amended Order of Conditions use only the tab key to 3. To: Applicant: move your cursor-do not Claude Elias use the return a. First Name b.Last Name c.Company key. 119 Hooker Farm Road d.Mailing Address rQ Salem NK 03079 e.City/Town f.State g.Zip Code 4. Property Owner(if different from applicant): Santo&Anne Messina a. First Name b.Last Name c.Company 115 Winter Street d. Mailing Address North Andover MA. 01845 e.Citylrown f.State g.Zip Code 5. Project Location: Roadway and Driveway and Utilities for house North Andover a.Street Address b.City/Town Map 103 Lot 120 c.Assessors Map/Plat Number d.Parcel/Lot Number Latitude and Longitude, if known (note: electronic filers will click for GIS locator): e.Latitude f.Longitude 6. Property recorded at the Registry of Deeds for(attach additional information if more than one parcel): Essex North a. County b.Certificate(if registered land) 4736 156 c. Book d.Page 7. Dates: 2/24/05 5/1 1 5 512;7/06- a.Date Notice of Intent Filed b.Date Public Hearing Closed c.Dati of Is uance s. Final Approved Plans and Other Documents(attach additional plan or document references as needed): Winter Street Improvement and Watershed Special Premit for roadway, driveway, and utilities. a. Plan Title Serwatka Engineering Joseph J. Serwatka, P. E. b. Prepared By a Signed and Stamped by 2/10/05 with revisions made through 4/20/05 1"=20' d. Final Revision Date e.Scale f.Additional Plan or Document Title g.Date 9. Total WPA Fee Paid: $800.00 $237.50 $562.50 a.Total Fee Paid b.State Fee Paid c.City/Town Fee Paid wpaform5.doc• rev.3/1/05 Page 1 of 9 r Massachusetts Department of Environmental Protection Bureau of Resource Protection - Wetlands DEP File Number: WPA Form 5 - Order of Conditions 242-1309 Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 B. Findings 1. Findings pursuant to the Massachusetts Wetlands Protection Act: Following the review of the above-referenced Notice of Intent and based on the information provided in this application and presented at the public hearing, this Commission finds that the areas in which work is proposed is significant to the following interests of the Wetlands Protection Act. Check all that apply: a. ® Public Water Supply b. ❑ Land Containing Shellfish c. ® Prevention of Pollution d. Private Water Supply e. f. ® Protection of Wildlife ® pp y ❑ Fisheries Habitat g. ® Groundwater Supply h. Z Storm Damage Prevention i. Flood Control 2. This Commission hereby finds the project,as proposed, is: (check one of the following boxes) Approved subject to: ® the following conditions which are necessary in accordance with the performance standards set forth in the wetlands regulations. This Commission orders that all work shall be performed in accordance with the Notice of intent referenced above,the following General Conditions, and any other special conditions attached to this Order. To the extent that the following conditions modify or differ from the plans, specifications, or other proposals submitted with the Notice of Intent, these conditions shall control. Denied because: ❑ the proposed work cannot be conditioned to meet the performance standards set forth in the wetland regulations. Therefore, work on this project may not go forward unless and until a new Notice of Intent is submitted which provides measures which are adequate to protect these interests, and a final Order of Conditions is issued. A description of the performance standards which the proposed work cannot meet is attached to this Order. ❑ the information submitted by the applicant is not sufficient to describe the site, the work, or the effect of the work on the interests identified in the Wetlands Protection Act. Therefore, work on this project may not go forward unless and until a revised Notice of Intent is submitted which provides sufficient information and includes measures which are adequate to protect the Act's interests, and a final Order of Conditions is issued. A description of the specific information which is lacking and why it is necessary is attached to this Order as per 310 CMR 10.05(6)(c). Inland Resource Area Impacts: Check all that apply below. (For Approvals Only) ❑ Buffer Zone Impacts: Shortest distance between limit of project disturbance and wetland boundary (if available) linear feet Resource Area Proposed Permitted Proposed Permitted Alteration Alteration Replacement Replacement 3. ❑ Bank a.linear feet b.linear feet c.linear feet d.linear feet 4. ❑ Bordering Vegetated Wetland a.square feet b.square feet c.square feet d.square feet 5. ❑ Land Under a.square feet b.square feet c.square feet d.square feet Waterbodies and Waterways e.cu.yd dredged f.cu.yd dredged wpaform5.doc• rev.3!1105 page 2 of 9 L11Massachusetts Department of Environmental Protection Bureau of Resource Protection - Wetlands DEP File Number: WPA Form 5 - Order of Conditions 242-1309 Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 B. Findings (cont.) Resource Area Proposed Permitted Proposed Permitted Alteration Alteration Replacement Replacement p P 6. ❑ Bordering Land Subject to Flooding a.square feet b.square feet c.square feet d.square feet Cubic Feet Flood Storage e.cubic feet f.cubic feet g.cubic feet h.cubic feet 7. ❑ Isolated Land Subject to Flooding a.square feet b.square feet Cubic Feet Flood Storage c.cubic feet d.cubic feet e.cubic feet f.cubic feet 8. ❑ Riverfront area a.total sq.feet b.total sq.feet Sq ft within 100 ft c.square feet d.square feet e.square feet f.square feet Sq ft between 100-200 ft e.square feet f.square feet e.square feet f.square feet Coastal Resource Area Impacts: Check all that apply below. (For Approvals Only) 9. ❑ Designated Port Indicate size under Land Under the Ocean, below Areas 1o. ❑ Land Under the Ocean a.square feet b.square feet c.cu.yd dredged d.cu.yd dredged 11. ❑ Barrier Beaches Indicate size under Coastal Beaches and/or Coastal Dunes below 12. ❑ Coastal Beaches a.square feet b.square feet c.c/y nourishmt. d.Gy nourishmt. 13. ❑ Coastal Dunes a.square feet b.square feet c.c/y nourishmt. d.cty nourishmt 14. ❑ Coastal Banks a.linear feet b.linear feet 15. ❑ Rocky Intertidal Shores a.square feet b.square feet 16. ❑ Salt Marshes a.square feet b.square feet c.square feet d.square feet 17. ❑ Land Under Salt Ponds a.square feet b.square feet c.cu.yd dredged d.cu.yd dredged 18. ❑ Land Containing Shellfish a.square feet b.square feet c.square feet d.square feet 19. ❑ Fish Runs Indicate size under Coastal Banks, inland Bank, Land Under the Ocean, and/or inland Land Under Waterbodies and Waterways, above a.cu.yd dredged b.cu.yd dredged 20. ❑ Land Subject to Coastal Storm Flowage a.square feet b.square feet wpaform5.doc• rev.311105 Page 3 of 9 r , LidMassachusetts Department of Environmental Protection Bureau of Resource Protection -Wetlands DEP File Number: WPA Form 5 - Order of Conditions 242-1309 Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 C. General Conditions Under Massachusetts Wetlands Protection Act (only applicable to approved projects) 1. Failure to comply with all conditions stated herein, and with all related statutes and other regulatory measures, shall be deemed cause to revoke or modify this Order. 2. The Order does not grant any property rights or any exclusive privileges; it does not authorize any injury to private property or invasion of private rights. 3. This Order does not relieve the permittee or any other person of the necessity of complying with all other applicable federal, state, or local statutes, ordinances, bylaws, or regulations. 4. The work authorized hereunder shall be completed within three years from the date of this Order unless either of the following apply: a. the work is a maintenance dredging project as provided for in the Act; or b. the time for completion has been extended to a specified date more than three years, but less than five years, from the date of issuance. If this Order is intended to be valid for more than three years, the extension date and the special circumstances warranting the extended time period are set forth as a special condition in this Order. 5. This Order may be extended by the issuing authority for one or more periods of up to three years each upon application to the issuing authority at least 30 days prior to the expiration date of the Order. 6. Any fill used in connection with this project shall be clean fill. Any fill shall contain no trash, refuse, rubbish, or debris, including but not limited to lumber, bricks, plaster,wire, lath, paper, cardboard, pipe, tires, ashes, refrigerators, motor vehicles, or parts of any of the foregoing. 7. This Order is not final until all administrative appeal periods from this Order have elapsed, or if such an appeal has been taken, until all proceedings before the Department have been completed. 8. No work shall be undertaken until the Order has become final and then has been recorded in the Registry of Deeds or the land Court for the district in which the land is located, within the chain of title of the affected property. In the case of recorded land, the Final Order shall also be noted in the Registry's Grantor Index under the name of the owner of the land upon which the proposed work is to be done. In the case of the registered land, the Final Order shall also be noted on the Land Court Certificate of Title of the owner of the land upon which the proposed work is done. The recording information shall be submitted to this Conservation Commission on the form at the end of this Order, which form must be stamped by the Registry of Deeds, prior to the commencement of work. 9. A sign shall be displayed at the site not less then two square feet or more than three square feet in size bearing the words, "Massachusetts Department of Environmental Protection" [or, WA DEP"] "File Number 242-1309 " wpaform5.doc• rev.311/05 Page 4 of 9 Massachusetts Department of Environmental Protection DEP File Number: Bureau of Resource Protection -Wetlands WPA Form 5 - Order of Conditions 242-1309 Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 C. General Conditions Under Massachusetts Wetlands Protection Act 10. Where the Department of Environmental Protection is requested to issue a Superseding Order, the Conservation Commission shall be a party to all agency proceedings and hearings before DEP. 11. Upon completion of the work described herein, the applicant shall submit a Request for Certificate of Compliance (WPA Form 8A)to the Conservation Commission. 12. The work shall conform to the plans and special conditions referenced in this order. 13. Any change to the plans identified in Condition#12 above shall require the applicant to inquire of the Conservation Commission in writing whether the change is significant enough to require the filing of a new Notice of Intent. 14. The Agent or members of the Conservation Commission and the Department of Environmental Protection shall have the right to enter and inspect the area subject to this Order at reasonable hours to evaluate compliance with the conditions stated in this Order, and may require the submittal of any data deemed necessary by the Conservation Commission or Department for that evaluation. 15. This Order of Conditions shall apply to any successor in interest or successor in control of the property subject to this Order and to any contractor or other person performing work conditioned by this Order. 16. Prior to the start of work, and if the project involves work adjacent to a Bordering Vegetated Wetland, the boundary of the wetland in the vicinity of the proposed work area shall be marked by wooden stakes or flagging. Once in place, the wetland boundary markers shall be maintained until a Certificate of Compliance has been issued by the Conservation Commission. 17. All sedimentation barriers shall be maintained in good repair until all disturbed areas have been fully stabilized with vegetation or other means. At no time shall sediments be deposited in a wetland or water body. During construction, the applicant or his/her designee shall inspect the erosion controls on a daily basis and shall remove accumulated sediments as needed. The applicant shall immediately control any erosion problems that occur at the site and shall also immediately notify the Conservation Commission, which reserves the right to require additional erosion and/or damage prevention controls it may deem necessary. Sedimentation barriers shall serve as the limit of work unless another limit of work line has been approved by this Order. 18. All work associated with this Order is required to comply with the Massachusetts Stormwater Policy Standards. Special Conditions: If you need more See attached space for additional conditions, select box to attach a text document Page 5 of 9 wpaform5.doc- rev,3/1/05 i Massachusetts Department of Environmental Protection DEP File Number: Bureau of Resource Protection -Wetlands WPA Form 5 - Order of Conditions 242-1309 Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 D. Findings Under Municipal Wetlands Bylaw or Ordinance' 1. Is a municipal wetlands bylaw or ordinance applicable? ® Yes ❑ No 2. The North Andover hereby finds(check one that applies): Conservation Commission 3. ❑ that the proposed work cannot be conditioned to meet the standards set forth in a municipal ordinance or bylaw specifically: a.Municipal Ordinance or Bylaw b.Citation Therefore, work on this project may not go forward unless and until a revised Notice of Intent is submitted which provides measures which are adequate to meet these standards, and a final Order of Conditions is issued. 4. Z that the following additional conditions are necessary to comply with a municipal ordinance or bylaw: Chapter 178 North Andover Wetland Protection Bylaw b.citation a.Municipal Ordinance or Bylaw The Commission orders that all work shall be performed in accordance with the following conditions and with the Notice of Intent referenced above. To the extent that the following conditions modify or differ from the plans, specifications, or other proposals submitted with the Notice of Intent, the conditions shall control. If you need more c. The special conditions relating to municipal ordinance or bylaw are as follows: space for additional See attached conditions, select box to attach a text document Page 6 of 9 wpaform5.doc• rev.311105 DEP FILE #242— 1309 (Driveway) 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 I 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 DEP determines that any of the work is not in compliance with this Order of Conditions. Work shall not resume until the NACC is satisfied that the work will comply and has so notified the applicant in writing. 20. This Order does not relieve the permittee or any other person of the necessity of complying with all other applicable federal,state or local statutes, ordinances,by- laws or regulations. 21. The work authorized hereunder shall be completed within three years from the date of this order. 22. This Order may be extended by the issuing authority for one or more periods of up to one year each upon application to the issuing authority at least thirty days (30) prior to the expiration date of the Order (Refer to Section 8.3 (p.37)of the North Andover Wetland Regulations). C:\Winword\OOC\Driveway,WinterSt.doc 1 NACC 5/26/05 r DEP FILE #242 - 1309 (Driveway) 23. The NACC reserves the right to amend this Order of Conditions after a legally advertised public hearing if plans or circumstances are changed or if new conditions or information so warrant. 24. Where the Department of Environmental Protection(DEP) is requested to make a determination and to issue a Superseding Order,the Conservation Commission shall be a party to all agency proceedings and hearings before the Department. 25. This Order of Conditions is issued under File No.242-1309. 26. The conditions of this decision shall apply to, and be binding upon, the applicant, owner,its employees and all successors and assigns in interest or control. These obligations shall be expressed in covenants in all deeds to succeeding owners of portions of the property. 27. The term"Applicant" as used in this Order of Conditions shall refer to the owner, any successor in interest or successor in control of the property referenced in the Notice of Intent, supporting documents and this Order of Conditions. The NACC shall be notified in writing within 30 days of all transfers of title of any portion of property that takes place prior to the issuance of a Certificate of Compliance. 28. The proposed work includes: the extension and improvement of Winter Street to accommodate the necessary appurtenances (sewer tie-in,water,and underground utilities)to service a new single-family house within the Buffer Zone to Bordering Vegetated Wetlands (BVW).The project is also within the Lake Cochichewick Watershed.Approximately 465 linear feet of driveway/roadway (Winter Street) will extend from the existing dead end of Winter Street.The 12'widerip vate driveway/roadway will be constructed within the limits of a previously disturbed wood road.This Order of Conditions and the submitted Notice of Intent applies only to the roadways,utilities and drainage facilities. The construction of the single-family house was filed under a separate filing,DEP File #242-1300, and is not part of this Order 29. The work shall conform to the following(except as noted in the remainder of this document where revisions may be required): Notice of Intent filed by: Elias Claude (Applicant) 119 Hooker Farm Road Salem,MA 03079 Date filed:February 24,2005 Site Plans prepared by: Sheet 1,entitled, "Plan to Accompany a Notice of Intent",prepared by Pembroke Land Survey Co., dated C:\Winword\OOC\Driveway,WinterSt.doc 2 NACC 5/26/05 DEP FILE #242— 1309 (Driveway) February 10,2005. Stamped and signed by Joseph J. Serwatka,P.E. Sheet 2 entitled, "Winter Street Improvements and Watershed Special Permit Plan",prepared by Pembroke Land Survey Co. dated February10,2005 with revisions made through April 20,2005. Stamped & signed by Joseph Serwatka,P.E. Other Documents: North Andover Conservation Commission Waiver Request Form dated February 25,2005. Waiver Request Narrative,prepared by Joseph Serwatka, P.E., dated February 25,2005. Memorandum prepared by Jack Sullivan,P.E,Director of Engineering,Town of North Andover, entitled "Winter Street Watershed Special Permit, Elias Property", dated April 28,2005. Email from Jack Sullivan,P.E.,to Pamela Merrill, Conservation Associate dated April 12,2005,regarding the oil/sediment separator. Email from Jack Sullivan,P.E.,to Pamela Merrill, Conservation Associate,dated May 4,2005,regarding the buoyancy calculations. Operation&Maintenance Plan prepared by: Joseph J. Serwatka,P.E.,entitled,"Operation & Maintenance Plan for Winter Street" and Buoyancy Calculations for the Oil/Sediment Separator. Cover page dated April 20,2005 30. 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. 31. The NACC agrees with the applicant's delineation of the wetland resource areas on the site as previously approved under an Order of Resource Area Delineation (ORAD),DEP File #242-1251. ':',Winword\OOC\Driveway,WinterSt.doc 3 NACC 5/26/05 DEP FILE #242— 1309 (Driveway) 32. The NACC finds that the intensive use of the upland areas and buffer zone proposed on this site will cause further alteration of the wetland resource areas. In order to prevent an alteration of wetland resource areas a twenty five foot 25' P Y tY ( ) No-Disturbance Zone and a fifty foot(50') No-Construction Zone shall be established from the edge of the adjacent wetland resource area except as follows: for portions of the driveway/roadway and installation of utilities,as shown on the approved site plan referenced herein.This will impact approximately 750 s.f. of the 25' No Disturbance Zone.The Conservation Administrator and/or other agents of the NACC do not have the authority to waive these setbacks as established under the local bylaw. No disturbance of existing grade, soils or vegetation is permitted in the No-Disturbance zone. (See Section 3.4 &Appendix F of the local Regulations). 33. The NACC hereby grants the applicant a waiver for work within the regulated 25' No Disturbance Zone and the 50'No Build Zone for the purposes of constructing the driveway/roadway and installing the underground utilities. The NACC agrees with the applicant that they are limited by the existing layout of Winter Street due to the existing field stonewall (property lines), and the requirements governed by both the North Andover Department of Public Works and the Planning Board. As such,there are no other feasible alternatives that will have a lesser impact on the adjacent wetland resource area and its Buffer Zones. 34. The NACC finds the applicant's proposal for 1,500 s.f. of restoration (associated with the impacts to the 25'No Disturbance Zone and 50'No Build Zone) to be adequate.The proposal of five (5) Eastern Hemlock saplings (Tsuga canadensis) as listed on the record plan is also found to be adequate. However,the list of shrub species as shown on the record plan,which includes burning bush, rhododendron, and azalea shall be replaced with any twenty (20) of the following species: American cranberrybush (Vaccinium trilobum) (FACW) Red chokeberry (Aronia arbutifolia) (FACW) Black chokeberry (Aronia melancarpa) (FAC) Shadblow/Serviceberry (Amelanchier canadensis/arbores) (FAC) Witch hazel (Hamamelis virginiana) (FAC-) Bayberry (Myrica pensylvanica) (FAC) Highbush Blueberry (Vaccinium corymbosum) (FACW) Silky dogwood (Cornus amomum) (FACW) Red-osier dogwood (Cornus sericea) (FACW+) Alternate-leaved dogwood (Cornus amomum) (UPL) The 25 restoration plantings shall not be grouped together in one dense location, rather spread out and concentrated along the approved tree line to provide a C:\Winword\OOC\Driveway,WinterSt.doc 4 NACC 5/26/05 DEP FILE #242- 1309 (Driveway) physical barrier along the limits of disturbance. The shrubs shall be planted on 10 -12 ' centers,and the Eastern hemlocks planted on 12-15'centers. 35. A qualified wetland scientist or botanist shall monitor the restoration area for two (2) consecutive growing seasons (spring and fall) upon installation of the plantings. At the end of each inspection,a progress report of the relative success or failure of the restoration efforts must be prepared by the wetland scientist or botanist, and submitted to the North Andover Conservation Commission (NACC). A total of FOUR separate monitoring reports for the restoration area shall be submitted over a two-year period. If at the end of the second growing season, overall success of restoration activities is not achieved,the NACC reserves the rights to require additional mitigation measures. 36. 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. 37. The owners of the project and their successors in title, in the event they proceed to alter areas subject to the Commissions 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. Maintenance of the drainage system becomes the responsibility of the applicant or landowner. 38. 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 39. 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. 40. 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 C:\Winword\OOC\Driveway,WinterSt.doc 5 NACC 5/26/05 DEP FILE #242— 1309 (Driveway) 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 maybe recorded by the NACC at the applicant's expense. 41. A sign shall be displayed at the site not less than two square feet or more than three square feet in size bearing the words "Massachusetts DEP File #242-1309." 42. Any changes in the submitted plans caused by the applicant,another Board's decision or resulting from this Order of Conditions must be submitted to the NACC for approval prior to implementation. If the NACC finds said changes to be significant, the NACC will call for another public hearing (at the expense of the applicant). Within 21 days of the close of said public hearing the NACC will issue an amended or new Order of Conditions. Any errors found in the plans or information submitted by the applicant shall be considered as changes. The proposed project may be still under review by other local or state boards or agencies. This may result in changes to the project plans or wetland impacts. If any such changes occur a revised plan and an explanation of the revisions shall be submitted to the NACC for review and approval prior to the start of construction. No work shall begin on a project until written approval has been granted by the NACC. 43. 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. 44. 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. 45. Wetland flagging shall be checked prior to start of construction and shall be re- established where missing. All wetland flagging shall remain visible and enumerated per the approved plan(s) throughout the life of the project and until a Certificate of Compliance is issued so that erosion control measures can be properly placed and wetland impacts can be monitored. The proposed limit of work shall be shall be clearly marked with stakes or flags and shall be confirmed by the NACC. Such markers shall be checked and replaced as necessary and shall be maintained C:\Winword\OOC\Driveway,WinterSt.doc 6 NACC 5/26/05 DEP FILE #242— 1309 (Driveway) 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 shall be of a color different from other flagging purposes gt� g used on the site. 46. 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. 47. The applicant shall have on hand at the start of any soil disturbance,removal or stockpiling, a minimum of 15 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. 48. A check payable to the Town of North Andover shall be provided in the amount of $4,000 (Restoration activities 750x$3.00 per s.f. =$2,250.00; all other construction activities:$1,750.00),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. 49. The applicant shall designate a Wetland Scientist as an"Environmental Monitor" (EM) to oversee any emergency placement of controls and regular inspection or replacement of sedimentation control devices. The name and phone number of the erosion control monitor must be provided to the NACC in the event that this person C:\Winword\OOC\Driveway,WinterSt.doc 7 NACC 5/26/05 DEP FILE #242- 1309(Driveway) has to be contacted, due to an emergency at the site, during any 24-hour period, including weekends. This professional must submit a letter to the Conservation Department, on company letterhead stating they have been retained as the project's Environmental Monitor. The designated Environmental Monitor is subject to approval by the NACC. This person shall also be given the authority to stop construction for erosion control purposes.The EM will be required to inspect all such devices and oversee cleaning and the proper disposal of waste products. Cleaning shall include removal of any entrapped silt. On every MONDAY of each week,in which construction activities occurs on-site and for as long thereafter as ground remains unstabilized,the applicant shall submit a written report from the EM to the NACC certifying that,to the best of his/her knowledge and belief based on a careful site inspection,all work is being performed in compliance with this Order of Conditions and that approved setbacks are being adhered to. The EMC must visually inspect all sedimentation/erosion control measures and assume responsibility for their maintenance on a weekly basis and that they are functioning as intended. In addition, all wetland resource areas must be visually inspected for siltation, turbidity, and/or other water quality impacts. 50. The EM shall be on site during and/or following a major storm event of 1 inch of rain or greater to ensure that soils remain stable,erosion controls are adequate and secure, and that all BMP's are adequately functioning. 51. Prior to construction,the applicant shall permanently mark the edge of the"25' No- Disturbance Zone"with five (5) signs or markers spaced evenly every 40 feet along the edge of the driveway/roadway,and incorporating the following text: "Protected Wetland Resource Area". This will designate their sensitivity and assure. no further inadvertent encroachment into the wetland. These permanent markers are available at the Conservation Department for$2.00 per marker.The placement of said markers are subject to review and approval by the Conservation staff. The applicant shall instruct all agents to explain these markers to buyers / lessees/ landscapers, and all persons taking over the property from the applicant. 52. 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 before or after to the closing of said land transaction. 53. Once these above mentioned pre-construction requirements are complete,the applicant shall contact the Conservation Office prior to site preparation or C:\Winword\OOC\Driveway,WinterSt.doe 8 NACC 5/26/05 DEP FILE #242— 1309 (Driveway) 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 54. All construction and post-construction stormwater management shall be conducted in accordance with supporting documents and plans 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. 55. All stormwater best management practices shall be maintained as specified in the Operation &Maintenance Plan for Winter Street,dated April 2005,prepared by Joseph J. Serwatka,P.E. (Appendix B-attached) submitted with the Notice of Intent and incorporated in said Order of Conditions. A Registered Professional Civil Engineer shall provide evidence of maintenance associated with the stormwater management structures to the NACC on an annual basis for two- consecutive years upon installation of the structures.The homeowner/landowner shall be the responsible party,who must comply with,and be responsible for all maintenance requirements outlined in the Operation&Maintenance Plan in perpetuity.This condition shall be a continuing condition of this order,even after a Certificate of Compliance is issued. 56. The oil/sediment separator and stone infiltration trench shall be maintained in accordance with the above-mentioned Operation &Maintenance Plan.These structures shall be free of all accumulated silt and debris before a Certificate of Compliance is issued,and the owner or his/her agent shall so specify in the request for Compliance.This condition shall be a continuing condition of this order, even after a Certificate of Compliance is issued. 57. 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 C:\Winword\OOC\Driveway,WinterSt.doc 9 NACC 5/26/05 DEP FILE #242— 1309(Driveway) 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. 58.Water quality down gradient of BVWs shall not differ significantly following completion of the project from the pre-development conditions. There shall be no P p l P P sedimentation into wetlands or water bodies from discharge pipes or surface runoff leaving the site. 59. The applicants, owners,and their successors and assignees,shall maintain all culverts, collections 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 60. Accepted engineering and construction standards and procedures shall be followed in the completion of the project. 61. 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(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. 62. 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. 63. A crushed stone construction entrance shall be established to minimize soil/ material tracking onto Winter Street and abutting catch basins.This entrance shall be reinforced as necessary. 64. Erosion control devices shall be inspected regularly;any entrapped silt shall be removed to an area outside of the buffer zone and wetland resource areas;, silt fence and hay bales shall be replaced as necessary. C:\Winword\OOC\Driveway,WinterSt.doe 10 NACC 5/26/05 DEP FILE #242— 1309 (Driveway) 65. De-watering activities anticipated shall be supervised and witnessed by the designated Environmental Monitor (EM).This designee must be on-site while work specific to de-watering activities are occurring and until complete. Activities shall be monitored daily by the ECM to ensure that sediment laden water is Appropriately settled prior to discharge toward the wetland resource areas. No discharge of water is allowed directly into an area subject to jurisdiction under the MA Wetlands Protection Act and / or the North Andover Wetlands 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 tank or basin,to reduce turbidity prior to discharge into a resource area. 66. 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. 67. No exposed area shall remain unfinished for more than thirty(30) days,unless approved by the NACC. 68. 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. 69. All exposed soil finish grade surfaces shall be immediately landscaped and stabilized, or loamed, seeded and mulched,with a layer of mulch hay. All disturbed areas will be graded,loamed and seeded prior to November 1"t of each year. Outside of the growing season,exposed soil finish grade surfaces shall be stabilized with a layer of mulch hay until climate conditions allow for seeding. 70. The contractor will take all steps necessary to control dust onsite so that adverse effects on adjacent resource areas and/or habitat do not occur. 71. There shall be no stockpiling of soil or other materials within twenty-five(25) feet of any resource area. 72. There shall be no construction vehicles stored; vehicle refueling, equipment lubrication, or maintenance is to be done within 100 feet of any resource area. 73.Washings from concrete trucks,or surplus concrete, shall not be directed to,any drainage system, or wetland resource area. 74. All waste generated by, or associated with,the construction activity shall be contained within the construction area, and away from any wetland resource area. C:\Winword\OOC\Driveway,WinterSt.doc 11 NACC 5/26/05 DEP FILE #242— 1309 (Driveway) 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. 75. 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. AFTER CONSTRUCTION 76. 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 Towns Wetland protection Bylaw. 77. Fertilizers utilized for landscaping and lawn care shall be slow release, low- nitrogen types (< 5%),and shall not be used within 75 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. 78. 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. This condition is issued under the authority of the Town's Wetland Protection Bylaw and shall remain in perpetuity. 79. 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. 80. Upon approval by Conservation Staff and site stabilization,the erosion controls can be removed and properly disposed of. All exposed areas underneath the erosion control shall be seeded for permanent stabilization. C:\Winword\OOC\Driveway,WinterSt.doc 12 NACC 5/26/05 DEP FILE #242- 1309 (Driveway) 81. Upon completion of the project the applicant shall submit the following to the Conservation Commission as part of a request for a Certificate of Compliance: a. WPA Form 8A - "Request for a Certificate of Compliance." b. A letter from the applicant requesting a Certificate of Compliance. c. The name and address of the current landowner. d. Signed statements from the individual property owners shall be submitted with the request for a Certificate of Compliance indicating that they read and understood the recorded Order of Conditions prior to purchasing their property. e. The name and address of the individual/trust or corporation to whom the compliance is to be granted. f. The street address and assessor's map/parcel number for the project. g. The DEP file number. h. A written statement from a Registered Professional Civil Engineer (and/or Registered Professional Land Surveyor) of the Commonwealth certifying that the work has been conducted as shown on the plan(s) and documents referenced above, and as conditioned by the Commission. i. An"As-Built" plan prepared and signed and stamped by a Registered Professional Civil Engineer (and/or Registered Professional Land Surveyor) of the Commonwealth,for the public record. This plan will include: ➢ "As-Built" post-development elevations of all drainage&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 AU disturbance of soils or vegetation. C:\Winword\OOC\Driveway,WinterSt.doc 13 NACC 5/26/05 DEP FILE #242— 1309(Driveway) ➢ Location of all subsurface utilities entering the property. 82. The following special conditions shall survive the issuance of a Certificate of Compliance (COC) for this project: ➢ 25' No-Disturbance Zone and a 50' No-Construction Zone shall be established from the edge of adjacent wetland resource areas except in those locations approved under this filing. Future work within 100' of existing wetland resource areas will require a separate filing with the NACC. 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#32); ➢ Maintenance of all stormwater structures (Condition #55 & 56); ➢ Discharge or spillage of pollutants (Condition# 75); ➢ Prohibition of underground fuels (Condition#76); ➢ Limitations on the use of fertilizers,herbicides,road salts, de-icing compounds and pesticides (Conditions #77&M8 - ➢ Appendix B: entitled, "Operation &Maintenance Plan &Bouyancy Calculations for Winter Street", dated April 2005,prepared by Joseph J. Serwatka,P.E. No additional filings will be required to conduct maintenance of the above referenced system and plan. C:\Winword\OOC\Driveway,WinterSt.doc 14 NACC 5/26/05 DEP FILE #242- 1309 (Driveway) APPENDIX A—AFFIDAVIT I, on oath do hereby depose and state: (authorized agent of applicant and/or owner) (PLEASE CHECK AT LEAST ONE BLOCK) 1) I am the of (position with applicant) (applicant's name) the applicant upon whom the Order of Conditions have been (DEP or NACC File#) placed upon by the North Andover Conservation Commission(NACC). and / or 2) 1 am the of (position with owner) (owner) the owner upon whose land Order of Conditions have been (DEP or NACC File#) placed upon by the NACC. I ♦ I hereby affirm and acknowledge that I have received said Order of Conditions and have read the same and understand each and every condition,which has been set forth in said Order of Conditions. ♦ I hereby affirm and acknowledge that on this day of '20___, 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 the Order of Conditions are presently in compliance. ♦ I hereby affirm and acknowledge that this document will be relied upon by the NACC, as well as any potential buyers of said property,which is subject to the Order of Conditions. Signed under the pain and penalties of perjury this day of .20 owner (Authorized agent of applicant or ) C:\Winword\OOC\Driveway,WinterSt.doc 15 NACC 5/26/05 i DEP FILE #242 — 1309(Driveway) APPENDIX B OPERATION & MAINTENANCE PLAN And BOUYANCY CALCULATIONS FOR WINTER STREET Dated April 20, 2005 it Prepared By: Joseph J. Serwatka, P.E. C:\W inword\OOC\Driveway,W interSt.doc 16 NACC 5/26/05 Joseph J. Serwatka,P.E. Rost Office Box 1016 RECEIVED North Andover, MA 978-683-6595 APR 2 5 2005 NORTH ANDOVER April 20, 2005 CONSERVATION ATION COMMISSION North Andover Conservation Commission 400 Osgood.Street COPY North:Andover, MA 01845 FILE Re: Winter Street Notices of Intent Dear Commission Members: We have submitted revised plans for Winter Street dated April 20; 2005. The revisions are based on our.last meeting with you. The revisions areas follows: 1. The roadway has been moved slightly to the north as it passes through the buffer zone. This reduces the impact in the 25' zone, and provides more buffer to the wetlands. 2.. A 1,500 s.f mitigation area has been shown adjacent to the grassed basin to account for proposed activity within the 25' no-disturb zone. This is a 2:1. mitigation for the proposed work. A planting list has been added. 3. We have added the distances from the proposed dwelling to the edge of wetlands, as requested. 4. The oil/sediment separator detail has been added to the plan. 5. An operation and maintenance plan was submitted to your staff, as requested. "`6. Bouyancy calculations have been provided for the oil/sediment separator, per you request. We look forward to meeting with the Commission on April 27h to discuss this project again. Should you have any questions concerning this letter, please contact me. Sincerel Jo J. Se atka, P.E. i OPERATION&MAINTENANCE PLAN FOR WINTER STREET MAP 103,LOT 120 GRASSED BASIN As a minimum, basin will be inspected after every major storm event for the first few months, after being seed-ed,to ensure fiuctionality_ Thereafter,inspections should take place every six months in the spring and fall and after every major storm event. The grass areas should be inspected for slope integrity, soil moisture, vegetative health,soil stability, soil compaction and soil erosion. Grass that is showing wear or erosion will be loamed, seeded, mulched, and.fertilizedas necessary.to'prevent further erosion.from taking place. Grassed basin will be cleared of accumulated sediment,grass clippings, leaves, trash and will be mowed when deemed.necessary. Collected-debris will be.composted or properly disposed of at the city/town landfill. SEDIMENT AND OIL SEPARATOR The separator should be inspected every six months to determine the rate of sediment and floatables accumulation. When approximately one and one half to two feet of sediment depth has accumulated,the contents should be removed by means of hand held shovels, scallop shovel, or vactor trucks. As a minimum,it.is recommended that the sep rator be cleaned annually. Collected sediments, oils and debris shall be properly disposed of, per state and federal requirements,at the city/town landfill. INFILTRATOR CHAMBERS To prevent clogging of chambers, roof gutters and downspouts should be inspected and cleaned at least annually. Observations.should he made to verify that there are not frequent overflows from the roof downspouts during more regular storm events. This could be an indicator of trench failure. STONE INFILTRATION TRENCHES At a minimum, trenches shall be inspected after every major storm event for the first twelve months, after construction, to ensure they are stabilized and functioning properly. Thereafter, inspections should take place every six months and after every major storm event. Accumulated leaves, trash, grass clippings shall be removed as necessary and composted or properly disposed of at the city/town landfill Ponding water could be a sign of trench failure. If standing water is observed far more than five to seven days after a rainfall event,the section of the infiltration trench that is failing shall be replaced with similar materials. The bottom should be scarified or tilled to help induce infiltration at the.contact zone of the receiving soils. v/ o z. SIo 4 Massachusetts Department of Environmental Protection i � Bureau of Resource Protection - Wetlands DEP File Number: WPA Form 5 - Order of Conditions 242-1309 Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 E. Issuance This Order is valid for three ears unless of 7 y otherwise specified as a special � ? iS condition pursuant to General Conditions#4, from the date of issuance. f.Date of Issuanbe Please indicate the number of members who will sign this form: y This Order must be signed by a majority of the Conservation Commission. 2.Number of Signers The Order must be mailed by certified mail (return receipt requested)or hand delivered to the applicant.A copy also must be mailed or hand delivered at the same time to the appropriate Department of Environmental Protection Regional Office, if not filing electronically, and the prope r, if different from applicant. Signatur Notary Acknowledgement Commonwealth of Massachusetts County of Essex North �S ha.- _ X005 On this Day �f Month Year Before me, the undersigned Notary Public, S4fo 4 .S'6 e 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 CityrFown WrAft OW C0MMWAMING 110JUD IUM Signature of Notary Public Prin dflame of N tary Public Place notary seal and/or any stamp above 7 060 My Commi sion 4xpires(Date) This Order is issued to the applicant as follows: ❑ by hand delivery on dby certified mail, return receipt requested,on S a7/OS Date Date wpaform5.doc• rev.3/1/05 Page 7 of 9 Massachusetts Department of Environmental Protection Bureau of Resource Protection -Wetlands DEP File Number: WPA Form 5 - Order of Conditions 242-1309 Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 F. Appeals The applicant, the owner, any person aggrieved by this Order, any owner of land abutting the land subject to this Order, or any ten residents of the city or town in which such land is located, are hereby notified of their right to request the appropriate DEP Regional Office to issue a Superseding Order of Conditions. The request must be made by certified mail or hand delivery to the Department, with the appropriate filing fee and a completed Request of Departmental Action Fee Transmittal Form, as provided in 310 CMR 10.03(7)within ten business days from the date of issuance of this Order. A copy of the request shall at the same time be sent by certified mail or hand delivery to the Conservation Commission and to the applicant, if he/she is not the appellant.Any appellants seeking to appeal the Department's Superseding Order associated with this appeal will be required to demonstrate prior participation in the review of this project. Previous participation in the permit proceeding means the submission of written information to the Conservation Commission prior to the close of the public hearing,requesting a Superseding Order or Determination, or providing written information to the Department prior to issuance of a Superseding Order or Determination. The request shall state clearly and concisely the objections to the Order which is being appealed and how the Order does not contribute to the protection of the interests identified in the Massachusetts Wetlands Protection Act, (M.G.L. c. 131, §40)and is inconsistent with the wetlands regulations(310 CMR 10.00). To the extent that the Order is based on a municipal ordinance or bylaw, and not on the Massachusetts Wetlands Protection Act or regulations, the Department has no appellate jurisdiction. Section G, Recording Information is available on the following page. Page 8 of 9 wpaform5.doc• rev.311105 Massachusetts Department of Environmental Protection DEP File Number: Bureau of Resource Protection -Wetlands WPA Form 5 - Order of Conditions 242-1309 Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 G. Recording Information This Order of Conditions must be recorded in the Registry of Deeds or the Land Court for the district in which the land is located,within the chain of title of the affected property. In the case of recorded land,the Final Order shall also be noted in the Registry's Grantor Index under the name of the owner of the land subject to the Order. In the case of registered land, this Order shall also be noted on the Land Court Certificate of Title of the owner of the land subject to the Order of Conditions.The recording information on Page 7 of this form shall be submitted to the Conservation Commission listed below. North Andover Conservation commission Detach on dotted line, have stamped by the Registry of Deeds and submit to the Conservation Commission. ------------------------------------------------------------------- To: North Andover Conservation Commission Please be advised that the Order of Conditions for the Project at: 242-1309 Project Location DEP File Number Has been recorded at the Registry of Deeds of: County Book Page for: Property Owner and has been noted in the chain of title of the affected property in: Book Page In accordance with the Order of Conditions issued on: Date If recorded land, the instrument number identifying this transaction is: Instrument Number If registered istered land the document number identifying this transaction is: Document Number Signature of Applicant Page 9 of 9 wpaform5.doc• rev.3/1/05