HomeMy WebLinkAboutMiscellaneous - 12 BONNY LANE 4/30/2018 (4) /� !3c�h�y L.Q,uL ��
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Plan Review Narrative
The following narrative is provided to further explain the reasons for denial for the building permit
for the property indicated on the reverse side:
Review a�easoris�for,Denial & �ylawRefelrer�ce� t
Form It
,x
F7ss
B-4 & D-2 12 Bonny Lane has received the required Watershed Special Permit, dated
March 12, 2007, from the Planning Board per Section 4.136 of the Zoning
Bylaw.
12 Bonny Lane has received an Order of Conditions,NACC #29, from the
Conservation Commission.
D-2 A Variance from 4.136.c.ii.3 is required from the Zoning Board of Appeals in
order to construct a new permanent structure in the Non-Disturbance Buffer
Zone.
A-1 & F-1 Variance from Section 7, Paragraphs 7.1 (Lot Area) and 7.2 (Street Frontage)
may be required from the Zoning Board of Appeals in order to construct a
single family dwelling on Map 62, Parcel 41, 12 Bonny Lane (L-1).
Please note: if Variance is granted,then the single family dwelling's footprint
must be identical to the building footprint as shown on the Plan of Land cited
in the decision.
Referred To:
Fire Health
Police X Zoning Board of Appeals
Conservation Department of Public Works
Planning Historical Commission
Other BUILDING DEPT
ZoningBylawDenia12000
--1
Plan Review Narrative
The following narrative is provided to further explain the reasons for denial for the building permit
for the property indicated on the reverse side:
ReviewReasonsfor Den�alBylawRefere�ice ' 4 F
3" v � y y �r. Ap v' � '� -yi ' 4 d � r a xT 710 f�utr�� r•t
�Re#erenGe ' k
B-4 & D-2 12 Bonny Lane has received the required Watershed Special Permit, dated
March 12, 2007, from the Planning Board per Section 4.136 of the Zoning
Bylaw.
12 Bonny Lane has received an Order of Conditions,NACC #29, from the
Conservation Commission.
D-2 A Variance from 4.136.c.ii.3 is required from the Zoning Board of Appeals in
order to construct a new permanent structure in the Non-Disturbance Buffer
Zone.
A-1 & F-1 Variance from Section 7, Paragraphs 7.1 (Lot Area) and 7.2 (Street Frontage)
may be required from the Zoning Board of Appeals in order to construct a
single family dwelling on Map 62, Parcel 41, 12 Bonny Lane (L-1).
Please note: if Variance is granted,then the single family dwelling's footprint
must be identical to the building footprint as shown on the Plan of Land cited
in the decision.
Referred To:
Fire Health
Police X Zoning Board of Appeals
Conservation Department of Public Works
Planning Historical Commission
Other BUILDING DEPT
ZoningB ylawDenia12000
NOR7a Zoning Bylaw Review Form
"'" °1" Town Of North Andover
3? °!. ° 0
° . A Building Department
1600 Osgood Street, Building 20, Suite 2-36
�qS�,r.o�•���y North Andover, MA. 01845
Phone 978-688-9545 Fax 978-688-9542
Street: 12 Bonny Lane
Ma /Lot: 62/41
Applicant: Amy Constantino,Trustee Bonny Realty Trust
Request: construct a single family dwelling
Date: 6-29-07
Please be advised that after review of your Application and Plans that your Application is
DENIED for the following Zoning Bylaw reasons:
Zoning District: R-1 & Watershed Protection District
Item Notes Item Notes
A Lot Area F Frontage
1 Lot area Insufficient X 1 Frontage Insufficient X
2 Lot Area Preexisting X 2 Frontage Complies
3 Lot Area Complies 3 1 Preexisting frontage X
4 Insufficient Information 4 Insufficient Information
B Use 5 No access over Frontage
1 Allowed X G Contiguous Building Area
2 Not Allowed 1 Insufficient Area
3 Use Preexisting 2 Complies X
4 Special Permit Required X 3 Preexisting CBA
5 Insufficient Information 4 Insufficient Information
C Setback H Building Height
1 All setbacks comply X 1 Height Exceeds Maximum
2 Front Insufficient 2 Complies X
3 Left Side Insufficient 3 Preexisting Height
4 Right Side Insufficient 4 Insufficient Information
5 Rear Insufficient i Building Coverage NA
6 Preexisting setback(s) 1 Coverage exceeds maximum
7 Insufficient Information 2 Coverage Complies
D Watershed 3 Coverage Preexisting
1 Not in Watershed 4 Insufficient Information
2 In Watershed X j Sign NA
3 Lot prior to 10/24/94 X 1 I Sign not allowed
4 Zone to be Determined 2 Sign Complies
5 Insufficient Information 3 Insufficient Information
E Historic District K Parking
1 In District review required 1 More Parking Required
2 Not in district X 2 Parking Complies X
3 Insufficient Information
Remedyfor the above is checked below.
Item# Special Permits Planning Board Item# Variance
Site Plan Review Special Permit Setback Variance
Access other than Frontage Special Permit Parking Variance
Frontage Exception Lot Special Permit A-1 & Lot Area
F-1 Street Frontage Variance
Common Driveway Special Permit Height Variance
Congregate Housing Special Permit Sign Variance
Continuing Care Retirement Special Permit D-2 4.136.3.c.11.3 Variance
Independent Elderly Housing Special Permit Special Permits Zoning Board
Large Estate Condo Special Permit Special Permit Non-Conforming Use ZBA
Planned Development District Special Earth Removal Special Permit ZBA
Permit
Planned Residential Special Permit Special Permit Use not Listed but Similar
R-6 Density Special Permit Special Permit for 2 Unit
Watershed Special Permit X Supply Additional Information=no building
plans
The above review and attached explanation of such is based on the plans and information submitted. No definitive
review and or advice shall be based on verbal explanations by the applicant nor shall such verbal explanations by the
applicant serve to provide definitive answers to the above reasons for DENIAL. Any inaccuracies,misleading
information,or other subsequent changes to the information submitted by the applicant shall be grounds for this review to
be voided at the discretion of the Building Department.The attached document titled'Plan Review Narrative"shall be
attached hereto and incorporated herein by reference. The building department will retain all plans and documentation
for the above file.You must file a new building permit application form and begin the permitting process.
Building Department Official Signature Application Received Appication Denied
Denial Sent: If Faxed Phone Number/Date:
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Property Record Card
PARCELID:210/062.0-0041-0000.0 MAP:062.0 BLOCK:0041 LOT:0000.0 PARCEL ADDRESS:L-I SONNY LANE
4 Baia 4---
F PARCEL INFORMATION .......
Tax Class: le Date: 04/30/19871 1. . .....Page: 6243 Ad Condition:' P Meas,Date:-
Owner: .........
4.f A 0 T 0
!: Y,
.T .. ......
BONNY REALTY TRUST ........ ............... .......... ......- . ...........
Tot Land Area Water: Collect Id: SGC
Address: ...........
....................... . ...... r
f, 0.'Ro
IRV: ::: ".
. . q . -., ................
............................... ... ... ........
10 BONNY LANE
NORTH ANDOVER MA 01845 rExempt-B/L% 010 Resid-B/L% 100/100 Comm-13/1-810 Indust-B/L% 010 Open Sp-B/L% 0/0
LAND INFORMATION
N1BHD CODE:9 N1BHD CLASS:9 ZONE: R1
talus
:.:,:, e.thd ...A....
� M
130 8 43660 1 232,886
VALUATION INFORMATION
Current Total: 232,900 Bldg: 0 Land: 232,900 MktLnd: 232,900
Prior Total. 211,700 Bldg: 0 Land: 211,700 MktLnd: 211,700
SKETCH PHOTO
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Paroal ID:210/062.0-0041-0000.0 as of 6/14/07 Page 1 of 1
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t• 9: WIT-NESS OUR HANDS AND SEALS TEAS.7q day of September, 19
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:l r COMMONWEALTH OF MASSACH[JSETISi move
ESSEX,9S DATE: September , 1"7
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Then person appeared-the above named H.David Fournier and Amy F.
:�:!!• $ Kneeland,`Trustees a Bonny Really Trust who acl wledged the foregoing to i�weir free
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is aevldseNea of less than Oft* Hundred ($100} dollars
� _ 0aa4Reginald L, Marden Trustee of Realty Trust
■ �EC leer Declaration of` Trust dated April t9, ..1 g7 and recorded
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oNnev and applicant:: John 9hrlick$ Trank C. Colinas and Associates,
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. E and Lot 2 as shown on said plan$
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Lane 108.03 rose and 41.97 fast respectively.
iiif tat 1 contains 43,634 square feet according to said plait.
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T 5 IYIOT m SCALE 1` / 1 Osa WW 2463 PAGE 243
F. ,w: r >..,. �� , �,..` \ \! 11 -ARL , Amy F. Constantino
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ass i Wr OF\ ` \ I �ACF �� YAP 6Y LOT 41 Trustee
K LEGEND EXISTING
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y/ ' ' '' North Andover MA 01845
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Massachusetts Department of Environmental Protection
Bureau of Resource Protection - Wetlands DEP File Number:
WPA Form 5 - Order of Conditions NACC#29
A. General Information
Important: North Andover
When filling From: t.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 Amy Constantino, Trustee Bonny Realty Trust c/o Johnson &
use the return a.First Name b.Last Name Borenstien,LLC
y. c.Company
12 Chestnut Street
rat d.Mailing Address
Andover MA. 01810
renin e.City/Town f.State
g.Zip Code
4. Property Owner(if different from applicant):
a. First Name b.Last Name c.Company
d.Mailing Address
e.Ci Town f.State g.Zip Code
5. Project Location:
12 Bonny Lane North Andover
a.Street Address b.Cityrrown
Map 62 Parcel 41
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)
2483 243
c. Book d.Pa e
3/30/07 S 9
7. Dates: a.Date Notice of Intent Filed b.Date Pu lic Vilearing Closed c.Date bf Is uance
a. Final Approved Plans and Other Documents(attach additional plan or document references as
needed):
Site Plan to Accompany Notice of Intent and Existing Conditions Plan to Accompany Notice of Intent
a.Plan Title
C_ammett Engineering Fred V. Ford, P. E.
b.P epared By c.Signed and Stamped by
1° =20'
Xinrllokavision Date e.Scale
f.Additional Plan or Document Title g.Date
9. Total WPA Fee Paid: $ 500.00 $ 500.00
a.Total Fee Paid b.State Fee Paid c.City/Town Fee Paid
wpaform5.doc• rev.3/1/05
Page 1 of 9
t �
Massachusetts Department of Environmental Protection
Bureau of Resource Protection - Wetlands DEP File Number:
WPA Form 5 - Order of Conditions NACC#29
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. ❑ 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
s. EJ Bank
a.linear feet b. linear feet c.linear feet d. linear feet
a. El Bordering Vegetated
Wetland a.square feet b.square feet c.square feet d.square feet
5. ❑ Land Under
Waterbodies and a.square feet b.square feet c.square feet d.square feet
Waterways
e.cu.yd dredged f.cu.yd dredged
wpaform5.doc• rev.3/1/05
Page 2 of 9
LEIMassachusetts Department of Environmental Protection
Bureau of Resource Protection - Wetlands DEP File Number:
WPA Form 5 - Order of Conditions NACC#29
....vv�aV v VC.UQI IUi7
B. Findings (cont.)
Resource Area Proposed Permitted Proposed Permitted
6. El Bordering Land Alteration Alteration Replacement Replacement
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 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
12. ❑ Coastal Beaches
a.square feet b.square feet c.c!y nourishmt. d.Gy nourishmt.
13. El Coastal Dunes
a.square feet b.square feet c.Gy nourishmt. d.Gy nourishmt
14. ❑ Coastal Banks
a. linear feet b.linear feet
15. ❑ Rocky Intertidal
Shores a.square feet b.square feet
16. ❑ Salt Marshes
17. Land Under Salt
a.square feet b.square feet c.square feet d.square feet
❑
Ponds a.square feet b.square feet
c.cu.yd dredged d.cu.yd dredged
18. El 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
Massachusetts Department of Environmental Protection
Bureau of Resource Protection - Wetlands DEP File Number:
WPA Form 5 - Order of Cnnrlitions NACC#29
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
NACC#29 "
wpaform5.doc- rev.3/1/05
Page 4 of 9
i
L L Massachusetts Department of Environmental Protection
Bureau of Resource Protection - Wetlands DEP File Number:
WPA Form 5 - Order of Conditions NACC#29
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
I
wpaform5.doc• rev.3/1/05
Page 5 of 9
LlMassachusetts Department of Environmental Protection
Bureau of Resource Protection - Wetlands DEP File Number:
WPA Form 5 - Order of Conditions NACC#29
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.
a. ® 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
space for The special conditions relating to municipal ordinance orbylaw are as follows:
additional See attached
conditions,
select box to
attach a text
document
wpaform5.doc• rev.3/1/05
Page 6 of 9
NACC #29
Therefore, the North Andover Conservation Commission(hereafter the "NACC") hereby
finds that the following conditions are necessary in accordance with the Performance
Standards set forth in the 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 or agent of the NACC 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 or agent 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).
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. This Order of Conditions is issued under NACC #29.
CAWinword\00C\12BonnyLane.doc 1 NACC 5/4/2007
NACC #29
25. 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.
26. The term"Applicant" as used in this Order of Conditions shall refer to the owner, any
successor in interest or successor in control of the property referenced in the Notice of
Intent, supporting documents and this Order of Conditions. The NACC shall be notified
in writing within 30 days of all transfers of title of any portion of property that takes place
prior to the issuance of a Certificate of Compliance.
27. The proposed work includes: the construction of a single-family dwelling, deck,
driveway,retaining wall,installation of utilities, stormwater features (water quality
swale/roof infiltration trench),removal of an existing paved area for restoration,the
installation of a boulder wall and associated grading within the buffer zone to an
Isolated Vegetated Wetland (IVW). The site is also located in the Watershed Protection
District.
Note: The Utility Easement to the rear of the property is not a Town owned easement
as determined from a property deed referenced herein.
28. The work shall conform to the following (except as noted in the remainder of this
document where revisions may be required):
Notice of Intent filed by: Bonny Realty Trust (Applicant)
C/o Johnson &Borenstein,LLC
12 Chestnut Street
Andover, MA 01810
Received March 30,2007
The Neve-Morin Group, Inc (Representative)
C/o Greg Hochmuth
447 Boston Street,Route 1, Suite 12
Topsfield, MA 01983
Bonny Realty Trust (Owner)
Amy F. Constantino,Trustee
70 Pine Ridge Road
North Andover, MA 01845
Site Plans prepared by: W.C. Cammett Engineering, Inc.
297 Elm Street
Amesbury,MA 01913
Dated 3/20/07,revised 4/18/07
Stamped &Signed by Fred V. Ford, P.E.
Entitled "Site Plan to Accompany Notice of Intent"
CAWinword\00C\12BonnyLane.doc 2 NACC 5/4/2007
NACC#29
Other Record Documents: Stormwater Analysis
Bonny Lane
North Andover, MA
Received date March 30,2007
Prepared by W.C. Cammett Engineering, Inc.
Stamped & Signed by Fred V. Ford, P.E.
Deed - Book 1478 Page 273-274 referencing the Utility
Easement
29. The following wetland resource areas are affected by the proposed work: Buffer Zone to
Isolated Vegetated Wetland (IVW). These resource areas are significant to the interests
of the Town ByLaw as noted above and therein. The applicant has not attempted to
overcome the presumption of significance of these resource areas to the identified
interests.
30. The NACC agrees with the applicant's delineation of the wetland resource areas on the
site as shown on the plans dated referenced herein and as approved under an ORAD
issued 1/30/07(File 3 242-1380).
31. The NACC finds that the intensive use of the upland areas and buffer zone proposed on
this site will cause further alteration of the wetland resource areas. In order to prevent
any alteration of wetland resource areas a twenty-five foot (25') No-Disturbance Zone
and a fifty-foot (50') No-Construction Zone shall be established from the edge of the
adjacent wetland resource area. The Conservation Administrator and/or other agents of
the NACC do not have the authority to waive these setbacks as established under the
local bylaw. No disturbance of existing grade, soils or vegetation is permitted in the No-
Disturbance zone. (See Section 3.4 &Appendix F of the local Regulations). Further the
applicant shall cease maintenance of the 25' no-disturbance zone as noted on the
approved plans referenced herein.
32. 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 +ha+
NACC#29
34. 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
35. 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.
36. This Order shall be recorded by the applicant at the Registry of Deeds immediately after
the expiration of all appeal periods. No work shall be undertaken until the Final Order
has been recorded in the Registry of Deeds or the Land Court for the district in which the
land is located, within the chain of title of the affected property. In the case of recorded
land, the Final Order shall also be noted in the Registry's Grantor Index under the name
of the owner of the land upon which the proposed work is to be done. In the case of
registered land, the Final Order shall also be noted on the Land Court Certificate of Title
of the owner of the land upon which the proposed work is to be done. The recording
information shall be submitted to the North Andover Conservation Commission on the
form at the end of this Order prior to commencement of the work. Any Order not
recorded by the applicant before work commences may be recorded by the NACC at
the applicant's expense.
37. 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 "NACC #29."
38. 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.
39. 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.
C:\Winword\OOC\12BonnyLane.doc 4 NACC 5/4/2007
NACC #29
40. Prior to any work commencing on site, the applicant shall submit to the NACC for
approval, a detailed construction sequence, including a dated timetable of construction,
the construction of compensation and retention areas, installation of
sedimentation/erosion control devices, phasing associated with the development and the
construction of the associated stormwater management structures. This timetable must
continue to be updated throughout the project.
41. Wetland flagging shall be checked prior to start of construction and shall be re-established
where missing. All wetland flagging shall remain visible and enumerated per the
approved plan(s) throughout the life of the project and until a Certificate of Compliance is
issued so that erosion control measures can be properly placed and wetland impacts can
be monitored. The proposed limit of work shall be shall be clearly marked with stakes or
flags and shall be confirmed by the NACC. Such markers shall be checked and replaced
as necessary and shall be maintained until all construction is complete. Workers should
be informed that no use of machinery, storage of machinery or materials, stockpiling of
soil, or construction activity is to occur beyond this line at any time. All flags used for the
above purposes shall be of a color different from other flagging used on the site.
42. 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
Commissions request.
43. The applicant shall have on hand at the start of any soil disturbance, removal or
stockpiling, a minimum of 10 hay bales and sufficient stakes for staking these bales (or an
equivalent amount of silt fence). Said bales shall be used only for the control of
emergency erosion problems and shall not be used for the normal control of erosion.
44. 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
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NACC #29
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.
45. Prior to the commencement of any work,the foundation corners of the single-family
home shall be staked in the field by a Registered Land Surveyor (R.L.S.).
Measurements shall be taken and verified by the Conservation Department during the
Pre-Construction meeting.
g
46. The applicant shall designate a Wetland Scientist as an"Erosion Control Monitor" to
oversee any emergency placement of controls and regular inspection or replacement of
sedimentation control devices. The name and phone number of the erosion control
monitor must be provided to the NACC in the event that this person has to be contacted,
due to an emergency at the site, during any 24-hour period, including weekends. Proof
of the retained monitor must be submitted to the Conservation Department on
letterhead by the retained consulting firm. This person shall be given the authority to
stop construction for erosion control purposes. The erosion control monitor will be
required to inspect all such devices and oversee cleaning and the proper disposal of waste
products. Cleaning shall include removal of any entrapped silt.
47. ON EVERY MONDAY of each week, or otherwise arranged by the NACC, in which
construction activities occurs on-site and for as long thereafter as ground remains
unstable, it is the applicant's responsibility that the Environmental/Erosion Control
Monitor (EMC) monitor the site and submit written reports to the NACC. The EMC
shall certify 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. The reports shall also include current condition of erosion and
sedimentation controls; describe any erosion or sedimentation repair and / or
replacement; and describe any erosion or sedimentation problems and mitigation
measures implemented. Such reports shall continue until the applicant requests a less
frequent reporting schedule or an end to reports. This request must be submitted in
writing and is subject to approval by the Conservation Administrator.
48. The applicant and/or the legal owner of that portion of land upon which these Orders of
Conditions have been placed shall provide to the NACC prior to transferring,or
assigning any portion of said land to another party, subject to said Orders of
Conditions,the "Compliance Certification Form 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 after to
the closing of said land transaction.
C:\Winword\OOC\12BonnyLane.doc 6 NACC 5/4/2007
NACC #29
49. Once these above mentioned pre-construction requirements are complete,the applicant
shall contact the Conservation Office prior to site preparation or construction and shall
arrange an on-site conference with an NACC representative,the contractor,the
engineer,wetland scientist and the applicant to ensure that all of the Conditions of this
Order are understood. This Order shall be included in all construction contracts,
subcontracts, and specifications dealing with the work proposed and shall supersede any
conflicting contract requirements. The applicant shall assure that all contractors,
subcontractors and other personnel performing the permitted work are fully aware of the
permit's terms and conditions. Thereafter, the contractor will be held jointly liable for any
violation of this Order of Conditions resulting from failure to comply with its conditions.
The applicant or contractor shall notify the NACC in writing of the identity of the on-site
construction supervisor hired to coordinate construction and to ensure compliance with
this Order. A reasonable period of time shall be provided as notice for each pre-
construction meeting(e.g. 72 hours).
DURING CONSTRUCTION
50. IMPORTANT: Immediately upon completion of the dwelling foundation, and prior to
further construction activities associated with the site, the applicant shall complete a plan
prepared by a Registered Professional Land Surveyor of the Commonwealth (R.P.L.S.) which
accurately depicts the foundation location and it's proximity to wetland resource areas as
approved under this Order of Conditions. Said plan shall be submitted to the Conservation
Administrator for approval.
51. Accepted engineering and Best Management Practices (BMPs) for construction standards
shall be followed in the conduct of all work.
52. 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. The areas of construction shall remain in stable condition at the
close of each construction day. All erosion controls shall be in place throughout the duration
of any construction on site or unless authorized by the Conservation personnel.
53. 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.
54. The sewer lines on the site, where they cross wetland resource areas, shall be tested for
water tightness in accordance with North Andover DPW standards.
55. The Erosion Control Monitor 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.
CAWinword\00C\12BonnyLane.doc 7 NACC 5/4/2007
NACC #29
56.Approved de-watering activities anticipated shall be supervised and witnessed by the
designated erosion control monitor. This designee must be on-site while any dewatering
is occurring. De-watering activities shall be conducted as shown on the approved plans and
shall be monitored daily by the erosion control monitor to ensure that sediment laden water
is appropriately settled prior to discharge toward the wetland resource areas. No discharge
of water is allowed directly into an area subject to jurisdiction of the Wetlands Protection Act
and/or the North Andover Wetland Bylaw. If emergency de-watering requirements arise,
the applicant shall submit a contingency plan to the Commission for approval,which
provides for the pumped water to be contained in a settling basin, to reduce turbidity prior to
discharge into a resource area.
57. A permanent boulder wall shall be constructed and installed immediately upslope of
the 25'No Disturbance Zone as shown on the approved plan referenced herein.
58. Any fill used in connection with this project shall be clean fill, containing no trash, refuse,
rubbish or debris, including but not limited to lumber, bricks, plaster, wire, lath, paper,
cardboard, pipe, tires, ashes, refrigerators,motor vehicles or parts on any of the foregoing.
59. 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 must 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. During construction, any area of exposed soils that will
be left idle for more than 30 days shall be stabilized with a layer of mulch hay or other means
approved by the NACC.
60. No re-grading in the buffer zone shall have a slope steeper than 2:1 (horizontal: vertical).
Slopes of steeper grade shall be rip-rapped to provide permanent stabilization.
61. Construction equipment/vehicles shall not be staged overnight within 100 feet of a
wetland resource area.
62. There shall be no stockpiling of soil or other materials within twenty-five (25) feet of any
resource area.
63. Washings from concrete trucks, or surplus concrete, shall not be directed to, any drainage
system, or wetland resource area.
64. 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\IMonnyLane.doc 8 NACC 5/4/2007
NACC #29
65. During and after work on this project, there shall be no discharge or spillage of fuel, or
other pollutants into any wetland resource area. If there is a spill or discharge of any
pollutant during any phase of construction the NACC shall be notified by the applicant
within one (1) business day. No construction vehicles are to be stored within 100 feet of
wetland resource areas, and no vehicle refueling, equipment lubrication, or maintenance is to
be done within 100 feet of a resource area.
AFTER CONSTRUCTION
66. No underground storage of fuel oils shall be allowed on any lot within one hundred (100)
feet of any wetland resource area. This condition shall survive this Order of Conditions and
shall run with the title of the property. This condition is issued under the authority of the
Town's Wetland protection Bylaw.
67. Fertilizers utilized for landscaping and lawn care shall be slow release,low-nitrogen types
(< 5%), and shall not be used within 25 feet of a resource area. Pesticides and herbicides shall
not be used within 100 feet of a wetland resource area. This condition shall survive this Order
of Conditions and shall run with the title of the property. This condition is issued under the
authority of the Town's Wetland Protection Bylaw and shall remain in perpetuity.
68. 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.
69. Upon approved site stabilization by Conservation staff,the erosion controls shall be
removed and properly disposed of and all exposed unvegetated areas shall be seeded.
70. Upon completion of the project the applicant shall submit the following to the
Conservation Commission as part of a request for a Certificate of Compliance:
a. WPA Form 8A- "Request for a Certificate of Compliance."
b. A letter from the applicant requesting a Certificate of Compliance.
c. The name and address of the current landowner.
d. Signed statements from the individual property owners shall be submitted with
the request for a Certificate of Compliance indicating that they read and
understood the recorded Order of Conditions prior to purchasing their property.
e. The name and address of the individual/trust or corporation to whom the
compliance is to be granted.
f. The street address and assessor's map/parcel number for the project.
g. The DEP file number.
CAWinword\00C\12BonnyLane.doc 9 NACC 5/4/2007
NACC #29
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.
➢ Location of all subsurface utilities entering the property.
71. 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#31);
➢ Discharge or spillage of pollutants (Condition #65); j
➢ Prohibition of underground fuels (Condition #66);
➢ Limitations on the use of fertilizers, herbicides, and pesticides (Condition #67).
C:\Winword\00C\12BonnyLane.doc 10 NACC 5/4/2007 �
NACC #29
APPENDIX A—AFFIDAVIT
h 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) 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---, 1 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\00C\12BonnyLane.doc 11 NACC 5/4/2007
I
Massachusetts Department of Environmental Protection
Bureau of Resource Protection - Wetlands DEP File Number:
WPA Form 5 - Order of Conditions NACC#29
I 1UQ r I UICIaIUI I MA IVI.
E. Issuance
This Order is valid for three years, unless otherwise specified as a special s /0 k
condition pursuant to General Conditions#4, from the date of issuance. 1.Date of issuance
Please indicate the number of members who will sign this form: 5-
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 Regio ffice, if not filing electronically, and the property owner, if different
from applicant.
Signatures:
Notary Acknowledgement
Commonwealth of Massachusetts County of Essex North
On this Day of ogQD
Month Year—�
Before me, the undersigned Notary Public,
personally appeared Name of Document Signer
proved to me through satisfactory evidence of identification, which was/were
Massachusetts License
Description of evidence of identification
to be the person whose name is signed on the preceding or attached document, and acknowledged to
me that he/she signed it voluntarily for its stated purpose.
As member of North Andover
Cityrrown Conservation Commission
DONNA M.WEDGE
NOTARY PUBUC Signature of Notary Public 100,
°ONVJEALTH OF MASSACF;i"DogSETTT���
Corrin.Expires Aq.% 09 O LLLTTT
Printed Name of Notary Public
Place notary seal and/or any stamp above
My Commissiofi Expires(Date)
This Order is issued to the applicant as follows:
❑ by hand delivery on U by certified mail, return receipt requested,on
s io%7
Date Date
wpaform5.doc• rev.3/1/05
Page 7 of 9
LlMassachusetts Department of Environmental Protection
Bureau of Resource Protection - Wetlands DEP File Number:
WPA Form 5 - Order of Conditions NACC#29
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.
wpaform5.doc• rev.3/1/05 Page 8 of 9
LlMassachusetts Department of Environmental Protection
Bureau of Resource Protection - Wetlands DEP File Number:
WPA Form 5 - Order of Conditions NACC#29
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:
NACC#29
Project Location DEP File Number
Has been recorded at the Registry of Deeds of:
County Book Page
for:
Property Owner
and has been noted in the chain of title of the affected property in:
Book Page
In accordance with the Order of Conditions issued on:
Date
If recorded land, the instrument number identifying this transaction is:
Instrument Number
If registered land, the document number identifying this transaction is:
Document Number
Signature of Applicant
wpaform5.doc• rev.3/1/05
Page 9 of 9
-Ll� Massachusetts Department of Environmental Protection
Bureau of Resource Protection -Wetlands DEP File Number:
WPA Form 4B — Order of Resource Area Delineation 242-1380
Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 Provided by DEP
A. General Information
Important: North Andover
When filling out From: 1.Conservation Commission
forms on the
computer, use 2. This Issuance is for(check one):
only the tab key
to move your
cursor-do not a. ® Order of Resource Area Delineation Only
use the return
key.
b. ❑ Order of Resource Area Delineation Subject to Simplified Review
1. ❑ Not Subject to Stormwater Policy
2. ❑ Subject to Stormwater Policy
c. ❑ Amended Order of Resource Area Delineation
Note:
Before 3. To: Applicant:
completing this
form consult Amy Constantino, Trustee Bonny Realty Trust, c/o Johnson &
your local a.First Name b.Last Name
Conservation Borenstein, LLC
Commission 12 Chestnut Street
regarding any d.Mailing Address
municipal bylaw Andover
or ordinance. MA. 01810
e.City/Town f.State g.Zip Code
4. Property Owner(if different from applicant):
a. First Name b.Last Name c.Company
d.Mailing Address
e.City/Town f.State g.Zip Code
5. Project Location:
12 Bonny Lane North Andover
a.Street Address b.Citylrown
Map 62 Parcel 41
c.Assessors Map/Plat Number d. ParceULot Number
Latitude and Longitude(note: electronic filers
will click for GIS locator): e. Laf ude f.Longitude
6. Dates: 12/29/06 1 h07
a. Date Notice of Intent filed b.Date PFUblic Mearing Closed c. Date f IssuAnce
7. Title and Date (or Revised Date if applicable) of Final Plans and Other Documents:
Exisfl^&,Conditions Plan 12/28/06
a.Title —
b. Date
c.Title
d. Date
wpaform4b.doc•rev.06/13/05
Page 1 of 7
Massachusetts Department of Environmental Protection
Ll
Bureau of Resource Protection - Wetlands DEP File"umber:
WPA Form 4B — Order of Resource Area Delineation byDEPProvided by DEP
Massachusetts Wetlands Protection Act M.G.L. c. 131, §40
B. Order of Delineation
1. The Conservation Commission has determined the following (check whichever is applicable):
a. 5� 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):
1. ❑ Bordering Vegetated Wetlands
2. X Other Resource Area(s), specifically:
.$•ems cc-,'�-cc�e,c� 'fC)r• � ar i��cci�i p n
b. ❑ 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):
1. ❑ Bordering Vegetated Wetlands
2. ❑ Other Resource Area(s), specifically:
c. ❑ 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):
1. ❑ Bordering Vegetated Wetlands
2. ❑ Other Resource Area(s), specifically:
3. The boundaries were determined to be inaccurate because:
wpaform4b.doc•rev.01/07
Page 2 of 7
Order of Resource Area Delineation
12 Bonny Lane
DEP File # 242-1380
Facts & Findings:
The wetland resource area affecting the subject property is located just offsite on the abutting
property owned by Robert &Glorianne Farnum of 46 Bonny Lane. During the initial public
hearing, the North Andover Conservation Commission(NACC) required the applicant to
seek permission from the owner to enter the property for review of this resource area. As a
result, the Neve-Morin Group, Inc. submitted a letter to Robert Farnum dated January 3,
2007. Mr. Farnum responded on January 11, 2007 granting permission to the Conservation
Commission to enter the property for the purposes of verifying the resource area delineation.
Following permission to enter the Farnum property, the jurisdictional resource areas were
reviewed b the Conservation Administrator dmirustrator and Greg Hochmuth of The Neve-Morin
Group, Inc and the following observations were made:
➢ The resource area appears to be isolated of greater than 1,000 s.f. in size and therefore
only jurisdictional under the North Andover Wetlands Protection Bylaw.
➢ The resource area appears to b
pp e isolated of greater than 5,000 s.f. in size and may be
federally jurisdictional;
➢ The isolated resource area did not appear to qualify as Isolated Land Subject to Flooding
(ILSF);
➢ The isolated resource area did not appear to qualify as a Vernal/Ephemeral Pool.
However, notwithstanding the above observations,the jurisdictional wetland resource
areas on the subject property approved under this filing include only those resource areas
that fall within the subject property and include:
➢ The associated 25'No-Disturbance Zone,50' No-Construction Zone, and 100' Buffer
Zone to the off property wetland resource area.
Record Documents:
➢ Abbreviated Notice of Resource Area Delineation, received December 29, 2006;
➢ Plan entitled "Existing Conditions" - ANRAD Application, Bonny Lane. Prepared b
Cammett Engineering, Inc, dated 12/13/06, last revised 12/20/06. Stamped & signed by
Timothy J. Meehan, P.L.S;
➢ Letter from The Neve-Morin Group, Inc. to Robert Farnham dated January 3, 2007;
➢ Note from Robert H. Farnum,Jr. of 46 Bonny Lane dated 1/11/07.
LlMassachusetts Department of Environmental Protection
Bureau of Resource Protection - Wetlands DEP File Number:
WPA Form 4B — Order of Resource Area Delineation 242-1380
Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 Provided by DEP
C. Simplified Buffer Zone Review
Work within the Buffer Zone pursuant to the Simplified Review(310 CMR 10.02) requires that you
must comply with the following conditions. If your project does not meet these requirements, you are
required to either file a Determination of Applicability or Notice of Intent or take other corrective
measures as directed by the Conservation Commission.
Simplified Review Conditions:
Work conducted under Simplified Review requires the following:
1. No work of any kind shall occur within any wetland resource areas including Riverfront Area and
Bordering Land Subject to Flooding.
2. The inner 0-to-50-foot wide area from the delineated wetland boundary that has a Buffer Zone
shall not be disturbed by any work associated with this project, including placement of any
stormwater management components.
3. No work shall occur in the Buffer Zone bordering an Outstanding Resource Water(e.g., certified
vernal pool, public water supply reservoir or tributary), as defined in 314 CMR 4.00 or border
coastal resource areas at 310 CMR 10.25-10.35.
4. No work shall occur in the Buffer Zone adjacent to wetland resources with estimated wildlife
habitat(which is identified on the most recent Estimated Habitat Map of State-listed Rare
Wetlands Wildlife).
5. Erosion and Sedimentation controls shall be installed and maintained at the 50-foot Buffer Zone
line or limit of work (whichever is a greater distance from the resource area)to protect resource
areas during construction.
6. If the project is subject to the Massachusetts Stormwater Policy, all work shall be conducted in
conformance with an approved Stormwater Management Plan.
7. The Buffer Zone does not contain a slope greater than an average of 15% at its steepest gradient
across the 100-foot Buffer Zone.
8. The amount of new impervious surface, in combination with existing impervious surfaces, shall
not exceed 40%of the Buffer Zone between 50 and 100 feet.
9. No work is allowed, and no additional NOI or RDA shall be filed, for any work within the 0-to-50-
foot Buffer Zone during the three-year term of an Order associated with this application.
10. Prior to any work being undertaken pursuant to this Order, the wetland resource boundary shall
be flagged; all boundary delineation flagging should be maintained for the term of the Order.
11. If stormwater management structures are proposed in the Buffer Zone, the stormwater
management structures shall be maintained as required in the Stormwater Plan. Such
maintenance constitutes an ongoing condition and is not subject to further permitting
requirements.
12. If this ORAD involves work as part of a Simplified Review, the ORAD shall be recorded at the
Registry of Deeds prior to the commencement of work per the requirements of Section F.
13. Prior to proceeding with any work under Simplified Review, applicants are required to provide
written notice to the Commission one week prior to commencing any work.
14. If work authorized under Simplified Review is commenced, no work is allowed, and no additional NOI
or RDA may be filed, for any work within the 0-to-50-foot buffer zone during the term of an ORAD
associated with this application. If work authorized under Simplified Review is not commenced,then
future NOls or RDAs may be filed for work within the 0-to-50-foot portion of the buffer zone.
--End of Conditions—
wpaform4b.doc•rev.06/13/05
Page 3 of 7
Massachusetts Department of Environmental Protection
Bureau of Resource Protection - Wetlands DEP File Number:
WPA Form 4B — Order of Resource Area Delineation
242-1380
Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 Provided by DEP
C. Simplified Buffer Zone Review (cont.)
Stormwater Applicability
1. ❑ The project is not subject to the Stormwater Policy.
2. ❑ The project is subject to the Stormwater Policy and the Stormwater Plan included for the
project complies with all stormwater standards.
Ineligibility Determinations
Site Conditions: The applicant is not eligible for Simplified Buffer Zone review and must file a
Request for Determination of Applicability or Notice of Intent prior to any work because:
3. ❑ Work is within the Buffer Zone of a Coastal Resource Area as defined at 310 CMR 10.25-
10.35.
4. ❑ The Buffer Zone contains existing slopes greater than an average of 15%.
5. ❑ Buffer Zone contains estimated rare wildlife habitat.'
s. ElThe site borders an Outstanding Resource Water.Z
Stormwater
7. ❑ The project is subject to the Stormwater Policy and the applicant has not submitted sufficient
information to demonstrate compliance with the Stormwater Management Policy. Prior to any
work, the applicant must submit plans showing compliance with the standards in the
Stormwater Policy, the location of the work, the amount of impervious surface, and the
location of erosion controls, to the Commission for its concurrence. (See instructions to
ANRAD Form 4A.) The following necessary stormwater information was not submitted by the
applicant:
a.
8. ❑ The project is subject to the Stormwater Policy but the project does not comply with one or
more of the stormwater standards (specify which standard(s) not met).
a.Standard#
b.Standard#
s. ❑ Impervious surface exceeds 40% of the area of the Buffer Zone between 50 and 100 feet
from the resource area.
10. ❑ The applicant did not submit plans depicting adequate erosion and sedimentation controls
located at the limit of work or at least 50 feet from any resource areas, whichever will be greater.
11. ❑ Work is proposed within 50 feet of a resource area.
Notice to Commission
Any applicant proposing to proceed under Simplified Buffer Zone Review, as specified in 310 CMR
10.02, must provide written notice to the Commission one week prior to any work.
' Identified on the most recent Estimated Habitat Map of State-listed Rare Wetlands Wildlife of the Natural Heritage and Endangered
2 pecies Program.
Certified Vernal Pools,public water supplies, or inland ACECs as identified in 314 CMR 4.00.
wpaform4b.doc•rev.06/13/05
Page 4 of 7
Massachusetts Department of Environmental Protection
Bureau of Resource Protection - Wetlands DEP File Number:
WPA Form 4B — Order of Resource Area Delineation 242-1380
Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 Provided by DEP
D. Findings
This Order of Resource Area Delineation determines that the Stormwater Plan, if applicable, and the
boundaries of those resource areas noted above, have been delineated and approved by the Commission
and are binding as to all decisions rendered pursuant to the Massachusetts Wetlands Protection Act
(M.G.L. c.131, §40) and its regulations (310 CMR 10.00). 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.
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.
If the Abbreviated Notice of Resource Area Delineation was filed as Simplified Review for a Buffer Zone
project, the applicant has certified that any work associated with the proposed project meets all eligibility
requirements for Simplified Review listed in Section C of this Order. Any work that does not comply with
the Simplified Review requirements will require a Notice of Intent or Request for Determination of
Applicability.
The applicant is responsible for promptly requesting a Certificate of Compliance following completion of
any work allowed pursuant to a Simplified Review or no later than three years from the date of the Order
of Resource Area Delineation unless the Order is extended.
Failure to comply with the conditions of this Order is grounds for the Conservation Commission or the
Department to take enforcement action.
This Order must be signed by a majority of the Conservation Commission. The Order must be sent 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 DEP Regional Office.
E. 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 Resource Area Delineation.When
requested to issue a Superseding Order of Resource Area Delineation,the Department's review is limited to the
objections to the resource area delineation(s)stated in the appeal request.The request must be made by certified
mail or hand delivery to the Department,with the appropriate filing fee and a completed 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.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 bylaw or ordinance,and not on the Massachusetts Wetlands Protection Act or regulations,the
Department of Environmental Protection has no appellate jurisdiction.
wpaform4b.doc•rev.06/13/05
Page 5 of 7
LIMassachusetts Department of Environmental Protection
Bureau of Resource Protection - Wetlands DEP File Number:
WPA Form 4B — Order of Resource Area Delineation 242-1380
Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 Provided by DEP
F. Signatures and Notary Acknowledgement
Please indicate the number of who will sign this form: 7
1.Number of Signers
Signatu e o onsg ation Co n Member Signatur of ion Member
n
Sign;Py r of onservation C mission Member Signatur of Con env t' C m ion Member
A �.. c
Si nature of Consery ' n Com ' sion Member Signat a of s at' mi sion Member
Sig ture of Con ssion Member
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:
Elb y hand delivery on Y"by certified mail, return receipt requested on
I ; a la 7
Date Date
Notary Acknowledgement
Commonwealth of Massachusetts County of Essex North
�-h
On this Da aq of
y Month Year
Before me, the undersigned Notary Public, 5cz4+ Mass z—
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
Cityrrown Conservation Commission
o:AM
�.w�ce
COUMOHOFWSSACHUSETTS S nature n Notary Public QZ
W Commxpkes Aug.7,2009
NUAWMIPrinted Name o NotaPublic
Place notary seal and/or any stamp above N p1 UD
My Commis &,res n (Date)
This Order is issued to the applicant as follows:
wpaform4b.doc•rev.06/13/05
Page 6 of 7
Massachusetts Department of Environmental Protection
Bureau of Resource Protection - Wetlands DEP File Number:
WPA Form 4B — Order of Resource Area Delineation
242-1380
Ll Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 Provided by DEP
G. Recording Information
If this Order is issued for purposes of Resource Area Delineation only, this Order should NOT be
recorded.
If this Order of Resource Area Delineation is issued as part of a Simplified Review, this Order 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 6 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:
Project Location
242-1380
� DEP File Number
Has been recorded at the Registry of Deeds of:
County
0o Page
for:
Propert Owner
Y
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
wpaform4b.doc•rev.06/13/05
Page 7 of 7
Massachusetts Department of Environmental Protection
Bureau of Resource Protection - Wetlands
DEP Regional Addresses
Massachusetts Wetlands Protection Act M.G.L. c. 131, §40
Mail transmittal forms and DEP payments,payable to:
Commonwealth of Massachusetts
Department of Environmental Protection
Box 4062
Boston, MA 02211
DEP Western Region Adams Colrain Hampden Monroe Pittsfield Tyringham
436 Dwight Street Agawam Conway Hancock
9 Alford Montague Plainfield Wales
Suite 402 Cummington Hatfield Monterey Richmond Ware
Amherst Dalton Hawley Montgomery Rowe Warwick
Springfield,MA 01103 Ashfield Deerfield Heath Monson Russell Washington
Phone:413-784-1100 Becket Easthampton Hinsdale Mount Washington Sandisfield Wendell
Belchertown East Longmeadow Holland New Ashford Savoy Westfield
Fax:413-784-1149 Bemardston Egremont Holyoke New Marlborough Sheffield Westhampton
Blandford Erving Huntington New Salem Shelburne West Springfield
Brimfield Florida Lanesborough North Adams Shutesbury West Stockbridge
Buckland Gill Lee Northampton Southampton Whately
Charlemont Goshen Lenox Northfield South Hadley Wilbraham
Cheshire Granby Leverett Orange Southwick
Chester Williamsburg
Granville Leyden Otis Springfield Williamstown
Chesterfield Great Barrington Longmeadow Palmer Stockbridge Windsor
Chicopee Greenfield Ludlow Pelham Sunderland Worthin ton
Clarksburg Hadley Middlefield Peru Tolland g
DEP Central Region Acton Charlton Hopkinton Millbury Rutland Uxbridge
627 Main Street Ashburnham Clinton Hubbardston Millville Shirley Warren
Worcester,MA 01605 Ashby Devens Hudson New Braintree Shrewsbury Webster
Athol Douglas Holliston Northborough Southborough Westborough
Phone:508-792-7650 AuburnAyer
Dudley Lancaster Northbridge Southbridge West Boylston
Fax:508-792-7621 y Dunstable Leicester North Brookfield Spencer West Brookfield
Barre East Brookfield Leominster Oakham Sterling Westford
TDD:508-767-2788 Bellingham Fitchburg Littleton Oxford Stow
Berlin Gardner Lunenbur Paxton Westminster
Blackstone g Sturbridge Wo cester
Grafton Marlborough Pepperell Sutton Worcester
Bolton Groton Maynard Petersham Templeton
Boxborough Harvard Medway Phillipston Townsend
Boylston Hardwick Mendon Princeton Tyngsborough
Brookfield Holden Milford Royalston Upton
Hopedale
DEP Southeast Rei Abington Region 9 Dartmouth Freetown
Mattapoiselt Prov'
mam
Acushnet Dennis Trsbury
20 Riverside Drive Gosnold Middleborough Raynham Truro
Lakeville,MA 02347 Aquinnah Dighton Halifax Nantucket Rehoboth Wareham
Attleboro Duxbury Hanover New Bedford Rochester Wellffeet
Phone:508-946-2700 Avon Eastham Hanson North Attleborough Rockland West Bridgewater
Fax:508-947-6557 Barnstable East Bridgewater Harwich Norton Sandwich Westport
Berkley Easton Kingston Norwell Scituate West Tisbury
TDD:508-946-2795 Bourne Edgartown Lakeville Oak Bluffs Seekonk Whitman
Brewster Fairhaven Mansfield Orleans Sharon Wrentham
Bridgewater Fall River Marion Pembroke Somerset Yarmouth
Brockton Falmouth Marshfield Plainville Stoughton
Carver Foxborough Mashpee Plymouth Swansea
Chatham Franklin Plympton Taunton
Chilmark
DEP Northeast Region Amesbury Chelmsford Hingham Merrimac Quincy Wakefield
Andover Chelsea Methuen Randolph
One Winter Street Holbrook
Arlington Cohasset Hull Middleton Walpole
Boston,MA 02108 Ashland Reading Waltham
Concord Ipswich Millis Revere
Phone:617-654-6500 Bedford Danvers Lawrence Milton Rockport Watertown
Fax: 617-556-1049 Belmont Dedham Lexington Nahant RowleyWayland
Beverly Dover Lincoln Wellesley
TDD:617-574-6868 Natick Salem West Ne
Billerica Dracut Lowell Needham Salisbury West Newbury
Boston Essex Lynn Newbury Saugus Weston
Boxford Everett Lynnfield Newburyport Sherborn Westwood
Braintree Framingham Malden Newton Somerville Weymouth
Brookline Georgetown Manchester-By-The-Sea Norfolk Stoneham Wilmington
Burlington Gloucester Marblehead North Andover Sudbury
Cambridge Groveland Medfield North Reading Winchester
Canton Hamilton Medford Swampscott Winthrop
Norwood Tewksbury Woburn
Carlisle Haverhill Melrose Peabody Topsfield
Wpaform4b.doc•rev.11/22/00
Page 1o 1
Massachusetts Department of Environmental Protection
Bureau of Resource Protection - Wetlands
Request for Departmental Action Fee Transmittal Form
Massachusetts Wetlands Protection Act M.G.L. c. 131, §40
A. Request Information
Important:
When filling out 1. Person or party making request(if appropriate, name the citizen group's representative):
forms on the
computer, use Name
only the tab
key to move
your cursor- Mailing Address
do not use the
return key. City/Town State Zip Code
Phone Number Fax Number(if applicable)
Project Location
Mailing Address
City/Town State Zip Code
2. Applicant(as shown on Notice of Intent(Form 3), Abbreviated Notice of Resource Area Delineation
(Form 4A); or Request for Determination of Applicability(Form 1)):
Name
Mailing Address
City/Town State Zip Code
Phone Number Fax Number(if applicable)
3. DEP File Number:
B. Instructions
1. When the Departmental action request is for(check one):
❑ Superseding Order of Conditions
❑ Superseding Determination of Applicability
❑ Superseding Order of Resource Area Delineation
Send this form and check or money order for$100.00(single family house projects)or$200(all other projects),
payable to the Commonwealth of Massachusetts to:
Department of Environmental Protection
Box 4062
Boston, MA 02211
Wpaform4b.doc•rev.10/04 Page 1 of 2
ILIMassachusettsDepartment apartment of Environmental Protection
Bureau of Resource Protection - Wetlands
Request for Departmental Action Fee Transmittal Form
Massachusetts Wetlands Protection Act M.G.L. c. 131, §40
B. Instructions (cont.)
2. On a separate sheet attached to this form, state clearly and concisely the objections to the
Determination or Order which is being appealed. To the extent that the Determination or Order is
based on a municipal bylaw, and not on the Massachusetts Wetlands Protection Act or regulations,
the Department has no appellate jurisdiction.
3. Send a copy of this form and a copy of the check or money order with the Request for a Superseding
Determination or Order by certified mail or hand delivery to the appropriate DEP Regional Office.
4. A copy of the request shall at the same time be sent by certified mail or hand delivery to the
Conservation Commission and to the applicant, if he/she is not the appellant.
Wpaform4b.doc•rev.10104 Page 2 of 2