HomeMy WebLinkAboutMiscellaneous - 1401 GREAT POND ROAD 4/30/2018 (6) BUTCHER BOY Fax:978-685-5640 Jul 10 '01 13:59 P.02
Town of North Andover
OFFICE OF
COMMUNITY DEVELOPMENT AND SERV�D -
.lOYCE DSHAW-
27 Charles Street TOWN CLERK �►�, '
Wnl1w J.SCOTT North Andover,Massachusetts 01845 NORTH ANDOVER ��s•„,.�
S AMUS i
Director
ZODO AUG 1 b P 3: ZS
(978)688-9531 Fax(978)6.99-9542
Special Permit Extension
At a regularly scheduled m i rg of the Pla:r; ng Loard,daily postai,3nd held on
August 15,2000,the North Andover Planning Board voted unanimously to grant the
extension of the Special Permit issued to Kenneth Yameen Trustee of WKET Nominee
Realty Trust for the construction of a driveway and single family home within the
Watershed Protection District dated,February 17, 1999.
This extension is granted pursuant to Massachusetts General Law,Chapter 40A,
Section 9,and will extend the above referenced Special Permit for a period of two(2)
years. This permit is now due to expire on February 19,2003.
Signed as a sealed instrument this 16 day of August,2000.
North Andover Planning Board
Planning Board Chairman
Commonweatth of Massachusetts
Essex,ss
Then personally appeared Chairman of the North Andover Planning Board,and
acknowledged the foregoing instnunent to be the free act and deed of the North Andover
Planning Board before me.
N ary Public
1 _
^[/My Commission Expires: I
BOARD OF APPLALS 688-9541 BUILDING 688-9545 CONSERVA77ON 688-9530 HEALTH 6$8-9540 PLAN WG 688-0535
BUTCHER BOY Fa.x:978-6$5-5640 Jul 10 '01 14:00 P.03
Town of North Andover
OFFICE OF
COMMUNITY DEVELOPMENT AND SERVICES
30 School Stmt #
Massachusetts assachusetts 01845
WB.I.tAM J.SCOTT North And �•,••o
Director �SS�CktlSE��
NOTICE OF DECISION
Any appeal shall be flied . 2 z o
within (20) days after thexC—g
date of filling this Notice
in the Office of the Town
Clerk.
n
Date February 1.7, 1999 t=
Date of Hearing 1/5/99, 2/17/99
Petition of Kenneth Yameen, Trustee of Wf Nominee Rea?t Trust
Premises affected
Referring to the above petition for a special permit from the
requirements of the North Mdove rzonina bylaw Section 4-136
so as to allow to construct a driveway and single family home within the Watershed
Protection District .
After a public hearing given on the above date, the Planning Board
voted to APPROVE Watershed Special peCial Permit
based upon the following conditions:
Signed2t,,d
CC: Director of Public Works Richard S.Rowen, Chairman
Building Inspector
Natural Resource/Land Use Planner Alison Lescarbeau V. Chairman
Health Sanitarian
Assessors John Simons, Clerk
Police Chief
Fire Chief
Applicant Richard Nardelta.
Engineer _Joseph W Mahoney
Towns Outside Consultant
f=Ite Planning Board
interested Parties
CONSERVATION-(978)688 9530 • HEALTH-(978)688-9540 PLANNING-(978)688-9535
*BUILDINGOFFICE-(978)688-9545 - "ZONING BOARD OF APPEALS-(978)688-9541 • '146 ti1AIN STREET
BUTCHER B01 Fax:978-685-5640 Jul 10 '01 14:00 P.04
Lot B-1 Great Pond Road
SPecial Permit-Watershed Protection District
The Planning Board makes the following findings regarding the application of Mr. Kenneth Yameen,
Trustee of WIMT Nominee Realty Trust , 224 Bridle Path North Andover,
1998 p , MA, dated December 4,
requesting l Special Permit under Section 4.136 of the Zoning by-law to allow construction of a
driveway and single family home within the Watershed Protection District-property will be connected
to a public sewer.
FINDINGS OF FACT:
In accordance with 4.136(4)the Planning Board makes the
as its specific criteria, are met. Specifically the Planning Board finds:
ding that the intent of the Bylaw, as well
1. That as a result of the proposed construction in corrjuncnon with oilier uses nearby, there will
not be any significant degradation of the quality or quantity of water in or entering Lake
Cochichewick. The Planning Board bases its findings on the following facts_
a) The proposed dwelling will be connected to the Town sewer system;
b) A covenant will be placed in the deed limiting the types of fertilizers that can be used on the
site.
c) The site has received variances from the Zoning Board of Appeals allowing construction of
the driveway within the Conservation Zone and the house within the Non-Disturbance
Zone_ The slope of the driveway and the extent of tree clearing and overall disturbance of
the site would be increased if the driveway were to be relocated outside of the
Conservation Zone.
d) The topography of the site will not be altered substantially.
e) The driveway is pitched to each side and is defined by perimeter trenches of crushed stone
to infiltrate the storm water runoff from the driveway. Grassed enhancement swales are
designed to carry excess stens water flows along the southern secfton of the driveway
The swales are designed to nm rmzP erosion and enhance water quality.
f) The storm water runoff from the roof will be collected in a closed drainage system and
infiltrated through a pre-cast concrete leaching pit.
2" There is no reasonable alternative location outside the Non-Discharge Buffer Zone for any
discharge, structure or ai ivity, associated with the proposed project as the access to the lot is
located within the Non-Discharge Zone.
1
BUTCHER BOY Fax:978-685-5640 Jul 10 '01 14:01 P.05
In accordance with Section 10.31 of the North Andover Zoning Bylaw,the Planning Board makes the
following findings-.
A 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;
B. The use will not adversely affect the neighborhood as the Iot is located in a residential zone;
C. There will be no nuisance or serious hazard to vehicles or pedestrians;
D. Adequate and appropriate facilities are provided for the proper operation of the proposed use;
E. 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:
SPECIAL CONDITIONS:
1) 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: Proposed Lot Development
Great Pond Road(AP.35 Lot 5)
North Andover,Massachusetts
Prepared by: DeVellis Associates Inc.
2310 Washington Street
Newton Lower Falls,MA 02162
Scale: 1"=40'
Date: December 2, 1998
Revised- February 3,1999
I999
Sheet : i of I
b) 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.
3) Prior to any work on site:
a) A performance guarantee of two thousand ($2,000) dollars in the form of a check made out
to the Town of North Andover must be posted to insure that construction will take place in
2
BUTCHER BOY Fax:978-6$5-5640 Jul 10 '01 14:01 P.06
accordance with the plans and the conditions of tins decision and to ensure that the as-built
plans will be submitted.
b) The final plans must be reviewed and approved by the Town's DPW.
C) The limit of work as shown on the plan by the erosion control line must be marked in the field-
and must be reviewed and approved by the Town Planner.
d) All erosion control measures as shown on the plan mast be in place and reviewed by the.Town
Planner.
e) The site shall have received alI necessary permits and approvals from the North Andover
Conservation Commission, Board of Health, and the Department of Public Works and be in
ccmrpli1a a with the above permits and approvalF
f)
All plans for the tie-in to the municipal sewer must be reviewed and approved by the Division
of Public Works.
4) Foundation Plan: lmmediately 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(R-P.L.S.)which accurately depicts the foundation location
and its proximity to wetland resource areas as shown on the approved Watershed Special Plan,
Said Plan shall be submitted to the Town Planner for review to verify that the setback limits under
the special permit have been met.
S) Prior to verification of a Certificate of Occupancy:
a) A permanent boundary such as a fence must be placed along the erosion control line as the
Emit of the lawn. The boundary must be reviewed and approved by the Town Planner.
b) The deed must contain Ianguage restricting the area of maintained lawn to that area between
the permanent boundary and the home.
c) The structure must contain a residential sprinkler system in conformance with the North
Andover Fire Department approved design-
6)
esign6) Prior to release of the Performance Bond:
a) No pesticides,fertilizers, or chemicals shall be used in lawn care or maintenance. The applicant
shall incorporate this condition as a deed restriction; a copy of the deed shall be submitted to
the Planning Board and ifl'cluded in the file.
b) The applicant shalt submit an as-built plan stamped by a Registered Professional Engineer in
3
BUTCHER BOY Fax:978-685-5640 Jul 10 '01 14:02 P.07
Massachusetts that shows all construction, including sewer lines, storm water mitigation
trenches and other pertinent site features. This as-built plan shalt 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 putt.
c) The Planning Board must by a majority vote make a fading that the site is in conformance with
the-approved plan_
7) In no instance shall the applicant's proposed construction be allowed to further impact the site than
as proposed on the plan referenced.in Condition# 1.
8} No open burning shall be done except as is permitted during burning season under the Fire
Department regulations.
9) The Contractor shall contact Dig Safe at least 72 hours prior to commencing excavation_
10)The provisions of this conditional approval shall apply to and be binding upon the applicar its
employees and all successors and assigns in interest or control.
11)This permit shall be deemed to have lapsed after a two-(2)year period from the date 11
;j
on which the Special Permit was granted unless substantial use or construction has comm ;2
cc. Director of Public works
Building Inspector
Health Agent
Assessor
Conservation Administrator
Police Officer
Fue Chief
Applicant
Engineer
File
Lot B-1 Gr=Pond Road -Watershed
x
4
BUTCHER BOY Fax:978-685-5640 Jul 10 '01 14:02 P.08
Massach tts
Departinwt of fnvirommmUl Protection
&treau of Resawre Protection-Wetlands 242-878
WPA Form 7 - Extension Permit for Orders of Conditions at Pond Road
i and North Andover Wetland
MaSS8ChMeM Wetlands Protection ACtM.G.L. C. 731, §40 Protection Bylaw.
Applicant Information
1. Applicant:
Kenneth Yameen
Aeme
North Andover.
WmnaiS&
October 16, 1997
�aa�orconmtiaar»
242-878
D�F�7eenuanpr
3 Findng Inlbrmat►vn
From:
North Andover
caaHnoaocamam
To: (Applicant) (Property Owner)
Kenneth Yameen Same as applicant
�dnZr Aran LYftvgftw
24 Bridle Path • •
Ah9 dli6rgAMM
North Andover, MA 01845
4i}�r°en SW zo;co a oty/rown Sae 70 CO*
The Order of Conditions(or Enension permit)issued October 16, 1997 on(date)
to Kenneth Yameen {name of appficant),DEP File No. 242-878
for work at Great Pond Road
. (Street
address and Assessors MaplPlat,Parcel&Lot#s)recorded at the Registry of Deeds for Essex County
(County) Certificate(if registered land)
28467
is hereby extended for a period of one U- year(s)from the date it expires(not more than 3 years from the expiration date
of the Osier of Conditions or the latest extension thereof,only unexpired Orders of Conditions or Extension Permits may be
extended).
Date that Order was last extended(if applicable) N/A (date).
ft Egstssion will e*e on October 16,2001 (date).
BUTCHER BOD" Fax:978-685-5640 Jul 10 '01 14:03 P.09
it9 ett-Dept bnW ofEmkoamet►tal Proteciioft 242-878
' Etllmt of Resot m ProtE'Ctbn- Wetlands Great Pond Road
WPA Form 7 - Extension Permit for Orders of Conditions
and North Andover Wetland
Massachusetts Wetlands Protection Act M.G.L. C. 131, §40 Protection $yZaw.
• Finding Information (cont)
On this .6th
Issued by:
North Andover day of
September
moo
This Order of Candkions Utersionr must be signed by a 2000
majority Of the ovation cornrnission and a ropy sent to rat
the applicant and the appropria DEP Regional office(see before me personally appeared
Appendut A). ,
r Scott Masse
Io Me known to be the
pensort described in and who
executed the foregoing instrument and mMowledged that
: . hdshe executed the same as hm4w free as and deed.
&
A�CrL
Rearft COnfirmatian
The applicant shall record this do mwt in accordance with Order of Conditions)in the Registry of Deeds or the Lard Court
General"CaMit M 8 of the Order of Conditions(see below), tar the district in which the land is looted,wktin the chain of
complete the forth attadteo to the bottom of this Extension title of the affected property.In the case of recorded land.it
Permit,have is stamped by the Regtsvy of Deeds,and return it shall be noted in the Registry's Grantor Index under the name
W the orsmyetion comp ission. of the owner of the land upon which the proposed work is to be
done. In the case of registered land.it shalt also be rioted on
Mote:General C mfton 8 of the Order of Conditions requires the Land Court Certificate of Title of the owner of the land upon
that the applicant:prior m carnrrter=r*M of worst,to record which the proposed work is done.
the final Order(or in this case,the Extension Permit for the
Detach on dotted line and submit to the oonsenradon commission prior to the expiration of the Order of Conditions subject to this
Extension Permit.
----------------- �--- _ -- ----
Ta
in acmrdarce with General Condition 8 of the original Order of
Cor�vaianCamnrin Coons on ,
Please be advised that the Extension Permit to the Order of DM
Conditions for the project at
enat pop
to If recorders IaM,the instrument number which idwtWiies this
transaction is
DEPMe mmv ircaurrrarNvmcrf
has been recorded at the Registry of Deeds of If registered land,the doc urnent number which identities this
transaction is
C_V maen�t roummr
and has been noted in the chain of title of the affected property
- n...... f..tom
BUTCHER BOY Fax:978-685-5640 Jul 10 '01 14:04 P. 10
310 CMR 10.99
Patin 5
;d
DEP 94ko. 242-878
r...
(to An ffwrsrq by UEV)
; Commonwealth CitNorth An
Of MassachusettstCity-Townd_
,;7
AoofiCar,i Kenneth Yameen
Order of Conditions
Massachusetts Wetlands Protection Act
G.L. c. 131 , goo
and under the Town of North Andover's Bylaw Chapter ; 178
i From NORTH ANDOVER CONSERVATION COPi1tISSIUN
To Kenneth Yameen
Kenneth, William, Evon & Thomas Yam
een
(Name of Appfican!)
1077 Osgood Street ttJ�rtre of prouerty Owner)
No. Andover, MA 01845 1077 Osgood Street
Address
Address NO. Andover, MA 01845
.• -
This Order is issued and delivered as follows:
Q by hand delivery 10 applicant or representative on
'
by certified mail,return receipt requested on October 16, ldasej 1997
(datel
This project is located at Great Pond Road Map 35 Lot 005
The property is recorded at the Aegis try of
Book 1787 Page 270
Certificate(if registered)
The Notice of Intent for this project was filed on,AVgust 22, 1997
(date)
The public hearing was closed on October .1, 1997
tUate}
Findings
The North Andover Conservation Commission
Intent and plans and has held a public hearing on the pro ►gas re��e``po tf'Q abovo,retnro•,Cedriot+ce or
NACC tect. 8asetl on ttte,ntaftnation ava,tacle to 'tie
at this lime, the—�1t1Ct1 has defermai6d
the area on which the proposed worts is to be darie is signiticarrt to the�h J followin7 irtler4515 in aCCpra lrt^e V.011
the Presumptions of Significa e o in the-region
het
re uiattons :or each At ea Subject to Protect,prr Urlder Ilse
Ac{(check as appropriate Recreaion
1: Ch'. Prevention of Erosion & Sedimentation Ch• 178
Wildlife
Pubiic water supply Flood control Idlife
Private water supply ❑ l.trtd containi:tg stteSh
Storm damage pre•+erition Fisheries
Ground water supply Prevention of aotiutton A Protection of wildide habitat.
Total Filing Fee Submitted $750.00 $362.50
State Share
CitylTown Share tee in rzcrss of Z.2"1
Total Refund Due S City/Town Porton S State Portion S
('/Z total) (°12 Iota() .
BUTCHER BOY Fax:978-685-5640 Jul 10 '01 14:04 P. 11
DEP FILE#242-878
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 abovesaid. The
NACC orders that all work shall be in
conditions and with the Notice of Inter refer ncedabovaccordance the xte
following conditions modify or differ from the laps s nt that the
Proposals submitted with the Notice of Intent, the conditions shall controlor .
GENERAL CONDITIONS '
1. Failure to comply with all conditions stated herein,and with all rel
statutes and other regulatory measures, ated
modify this Ordershall be deemed cause to revoke or
.
2. This Order does not grant any property rights or any exclusive Privileges;
does not authorize any injury to private Propertyp ges;it
rights. However, the NACC,agent of the NACC or the Asian of property
Environmental Protection(DEP)reserves the right to Department
and Of
inspect the
Property at all reasonable times,until a Certificate of Compliance is issued,
to evaluate compliance with this Order of Conditions, the Act;, the North
Andover Wedand ByLaw and Regulations,310 CMR 10.00, and may require
any information,measurements ho
' 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.
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,by-laws or regulations.
4. The work authorized hereunder shall be completed within three
the date of this order. years from
5. This Order may be extended by the issuing authority for one or
more ds
Of up to one year each upon application to the issuing authority at 1 astperlthirty
days(30)prior to the expiration date of the Order (Refer to Section VIII .15)
of the North Andover Wetland Regulations). (p
C:1WinwordWXXC 2424r8.doc 7
NACC 10/15/97
BUTCHER BOY Fa.x:978-685-5640 Jul 10 '01 14:05 P. 12
DEP FILE#242-878
6. 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 is so warrant,
7. Where the Department of Environmental Protection
make a determination and to issue a Su Ep} requested to
Commission shall be aparty to all agency PeT�ing Order,the Conservation
the Department, proceedings and hearings before
8. The conditions of this decision shall apply to, and be binding upon,
the
ssinterest or
applicant owner,its employees and all successors and aigns in int
control These obligations shall be expressed in covenants in all deeds to
succeeding owners of portions of the property.
9. The terns "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
transfers of title of an within days of all
Y portion of property that takes place prior to the
issuance of a Certificate of ComplianCe.
10.LIMITED PROJECT:
in order to Any future Project which proposes a wetland crossing
access certain portions of the property
limited Project roadway under 310 CMR 10.53(e). not be qualified as a
11. The proposed work includes: Construction of a single family dwe
associated aPp�nances with approximatel 5ga s �S and
alteration. Y quare feet of permanent wetland
12. 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: Mr.Kenneth Yameen
DAA V2?eW
Plans prepared by: Mezrimack Engineering Services,Inc.
Entitled"Site Development Plan of Landry
DATED 9A9/97
Wetland Replacement Plan: Merrimack Engineering Services,Inc.
Entitled"Site Development Plan of band"
DATED 9/19/97
Correspondence dated 9pj q7 from WCS,jnc.
C:xw1nw0rd10001242-878.doc
2 NACC 10/15/97
BUTCHER BOY Fa.x:978-685-5640 Jul 10 '01 14:06 P. 13
DEP FILE#242-878
13.The following wetland resource areas are affec
led Buffer Zone and BorderingVegetated Weiland B y the proposed work:
areas are significant to the interests of the Act and Town ByLaw as oted
above. These resource areas are also significant
wildlife interests of the ByLaw. The apant has not a recreational and
the Presumption of significance of these resource areas to thtteme ted tofOv coerce
interests.
14. The NACC agrees with the applicant's delineation of the
areas on the site as shown on the plans dated 9/' "7. wetland resource
Prior to the issuance of
a Certificate of Compliance,the applicant will submit a plan showing the
site's wetland delineation at a scale identical to
this location. the Town wetland map for
15. The NACC finds that the intensive use of the upland areas and buffer
e
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
foot(251 No-Disturbance Zone and a
shall be established from the edge of t fifty cnt az
and rese foot(MI No-Cons o area except at the approved wetland crossut
wetland replication area. crossing and dig construction of the
p This 2S'No-Disturbance Zone shall be re-
established upon completion of construction activities associated withthe
replication 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 to
of existing ade,soils or vegetation is
Regulations). (See
Appendix 5 of the local
16.The NACC finds the applicant's proposal for 1,100 sq.ft,of wetland
replication to be adequate w/the placement of six(6)bird boxes as
referenced herein under Condition #12 The
constructed prior to other construction activity
areas shall be
on site and this sequence
Wshe'lletland be Rereflectedminent theor construction sequence_ Refer to Section VI(E)
placeRestoration,
of the"Wetland Regulations for the Town
of North Andover' (page 13)for performance standards.
17. Issuance of these Conditions does not in any way imply or certifythat thesite
or downstream areas will not be subject to flooding,storm damage or any
other form of water damage.
C:1Winw0ral0 0242-878.doc 3
rracc 10n5/97
BUTCHER BOY Fax:978-685-5640 Jul 10 '01 14:06 P. 14
DEP Fnz#242-878
PRIOR TO CONSTRUCTION
18. 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.
19. This Order shall be recorded by the applicant at the Registry of Deeds
immediabely after the expiration of all appeal periods. No work shall be
undertaken until the Final Orderhas 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
the owner of the land th
case of registered land upon which the Proposed work di's to be under name of
ne. in the
, the Final Order shall also be noted on the d Court
Certificate of Title ofthe 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 f°rM
prior to commencement of the work. An not recorded th
the end of this Order
applicant before work commences may be recorded by the NAC at
d the
applicant's expense.
20. A sign shall be displayed at the site not less than two square feet or more
than three square fleet in size bearing the words"Massachusetts Department
of Environmental Protection,File Number 242-878."
21. 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 NACCw
hearing the NACC will ill call for another public hearing(at
the expense of the applicant). Within 21 days of the close of said public
issue an amended or new Order of Conditions.Arty
errors found in the plans or information submitted by the applicant shall
considered as changes. The proposed project ma be
other local or state boards oragencies. 'Is may res still under review by
ult in Project plans or wetland impacts. If any such changes o a lees to the
and an explanation of the revisions shall be submitted to the NACC plan .
review and approval prior to the start of construction. No forwork shall be
on a project until written approval has been granted by the NACC. gin
CAWinwmra\00c\242-s79.d00 4
NACC 10/15/97
BUTCHER BOY Fax:978-685-5640 Jul 10 '01 14:07 P. 15
DEP FILE#242-878
22. 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.
23. Prior to any work commencing on-site, the applicant shall submit to the
NACC for approval;a detailed
Construction of cam sequence of construction, including the
Pensation and retention areas, and revegetation to be
completed before other work begins on-site.
24. Wetland flagging shall be checked prior to start of construction and shall be
reestablished where missing 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 mac
storage of ma
or materials,stockpiling of soil, or construction actin is to occur beyondchinery
this line at any time. All flags used for the above
different from other flaggingPurposes shall be of a color
used on the site.
25.A row of staked hay bales backed by
placed between all construction areas and wetlandstrenched . The fenceon erosion co
barrier will be properly installed and placed as shown on the plans a proved
and referenced herein and shall be ins
approved
ved by the NACC
Prior to the start of construction and
areas have shall remain intact until all disturbed
been permanently stabilized to prevent erosion. All erosion
Prevention and sedimentation protection measures found necessary during
construction shall be implemented at the
reserves the right to impose additional conditions oon f portions o f The NACC
to mitigate any impacts which could resultfrom site erosion,or anys protect
noticeable degradation of surface water quality discharging froth the site.
For example,installation of erosion control measures may be required in
areas not shown on the plans)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
26. The applicant shall have on hand at the start of any soil disturbance
or stockpiling, a minimum of twee 20 , removal
staking these bales or an �'( )hay bales and sufficient stakes for
( 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.
c:'wmword\ooe\242-878.doc 5
NACC 10/15/97
BUTCHER BO'. Fax:978-685-5640 Jul 10 '01 14:08 P. 16
DEP FILE 0 242-878
27_ A ch-e_k p$yable to tl,c Town 0f Norz2i Andover shall be provided in the
amount of$6,000 which shall be in all respects satisfactory to Town Counsel,
Town Treasurer, and the NACC,and shall be posted with the North
Andover Town Treasure 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 pies satisfactory to the NACC,and ToC
and shall be released after comp lwn etion of the projectCounsel
satisfactory to the NACC,has been made for Performanceofany conditions
which are of continuing nature.
release schedule keyed to complThe applicant may propose a monetary
etion of specific portions of the project for the
NACC's review and approval. This condition is issued under the authority of
the local ByLaw.
28.The applicant shall contact the Conservation Office prior to site
Preparation or construction and shall arrange an on-site conference with an
NACC representative,and the contractor,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 permits 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-
hours). truction meeting(e.g. 72
29.The lots on which wetland replication areas are proposed shall not be
developed for residential construction until after the NACC has approved the
completed wetland replication areas.
30. The NACC shall be notified in writing of any lot line or number changes
with copy of a plan showing these changes prior to any work on these lots.
C:1Winwmd\00C1242-878.d0C 6
NACC}0f}5J97
BUTCHER BOY Fa.x:978-685-5640 Jul 10 '01 14:08 P. 17
DEP FILE#242- 878
DURING CONSTRUCTION
31.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(R.P.L.S.)which accurately depicts the foundation location and ifs
Proximity to wetland resource areas as approved under this Order of
Conditions. Said plan shall be submitted to the Conservation Administrator
for approval.
32 Upon beginning work, the applicant shall submit written progms
every two(2) mon�.detailing what work has been done in oar resource
areas,and what work is anticipated to be done over the next period,
update the construction sequence. This will
33. All catch basins shall contain oil/gasoline traps,and it shall be a continuing
condition of this order, even after a Certificate of Compliance is issued, that
the oil/gasoline traps in the catch basins be maintained. All catch basins
shall be free of all accumulated silt and debris before a Compliance is issued
and the owner or his/her agent shall so specify in the request for
Compliance.
34. 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.
35. 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,cardboardi
vehicles or parts on any of the foregoing. fires, ashes,refrigerators,motor
36. No exposed area shall remain
unfinished for more than thirty(30)days,
unless approved by the NACC.
37. No regrading in the buffer Zone shall have a slope steeper than 21
(horizontal: vertical).Slopes of steeper grade shall be rip-rapped to provide
Permanent stabilization.
38. There shall be no stockpiling of soil or other materials within twenty-five (25)
feet of any resource area.
CAWmw0rdMC\242-878.doc 7
NACC 10/15/97
BUTCHER BOY Fax:978-685-5640 Jul 10 '01 14:09 P. 18
DEP FILE#242-878
39.After proper grading, all disturbedareas located within a resource area
which will not remain as wetland areas,shall be loamed (minimum of 4"of
quality loam), and seeded. This shall all be done in accordance with SCS
guidelines, All disturbed areas located within wetland resource areas which
are to beonly temporarily disturbed during construction,shall be restored to
their original grade,soil profile and vegetative cover.Soil used for this
Purpose will either be wetlands topsoil or a minimum of V of quality loam.
40. Washings from concrete trucks,or surplus concrete,shall not be directed to,
any drainage system; or wetland'resource area.
41. 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
W be allowedwi
Local Bylaw. thin 100'of areas subject to protection under the Act or
42.Accepted engineering and construction standards and procedures shall be
followed In the completion of the project:
43. During and after work on this project, there shall be no discharge yr 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.
C\winwwd\00C1242-878.4« 8
NACC 10/15197
BUTCHER BOY Fax:978-685-5640 Jul 10 '01 14:10 P. 19
DEP FILE#242-878
AFTER CONSTRUCTION
44. No underground storage of fuel oils shall be allowed on any lot within one-
of
hundred feet of ti any wetland resource area. This condition shallsurvive
condition is
this Order of Conditions,and shall run with the title of the property. This
Bylaw. issued under the authority of the Town's Wetland protection
45.Fertilizers utilized for landscaping and lawn cares hall be slow release, low-
n3Ltrogen types,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 is issued under the authority of the Town's
Wetland Protection Bylaw and shall remain in perpetuity.
46. No road salt,sodium chloride, or other de-icing chemicals shall be used on
paved surfaces,and any arrangement for snow removal shall so stipulate due
to the importance of the site and wetlands. Permanent signs designating
"No-Salt Zone"and"No-Snow Stockpiling Zones"shall be displayed in
Prominent locations.
47. After completion of work, the applicant shall permanently mark the edge of
wetland resource areas and the No-Disturbance Zone with signs or
markers designating their sensitivity. This will ensure no further
inadvertent encroachment into the wetland. These permanent hermarare
subject to review and approval by the NACC. The applicant shall instruct
all agents to explain these markers to buyers/lessees/landscapers and all
Persons taking over the property from the applicant
48. 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. Tf
the latter course is chosen,stabilization will be considered complete once
vegetative cover has been achieved.
49. Upon completion of the project, the applicant shall submit a letter to the
NACC from a Registered Professional Civil Engineer certifying compliance
with this Order of Conditions and the approved plans referenced herein(or
approved revisions). Certification includes,but is not limited to,verification
that the limit of work coincides with the approved"NO-
D'STURBANCE/NO-BUILD" Zones. A letter from a qualified wetland
scientist certifying compliance with locaVstate regulations is also required
C-ftWinword\000242.878.doc 9
NACC ioVis;�
BUTCHER BOY Fax:978-685-5640 Jul 10 '01 14:11 P.20
DEP FILE#242-878
for the Wetland Replication/Restoration Area. A Stamped"As-Built
topographic plan of all areas within the jurisdiction of the Wetlands
Protection Act and ByLaw shall be submitted when a Certificate of
Compliance is requested. This plan will include:
a) "As-Built" elevations of all drainage structures�constructed within 1QQ
feet of any wetland resource area;
b) "As-Built"elevations and grades of all filled or altered wetland
resource areas,
c) Distances from structures to wetland resource areas. Structures
include(but are not limited to)septic systems,stone walls,pools,
retaining walls, and approved decks;
d) A line showing the limit of work.
soils or vegetation; "Work"' includes any disturbance of
e) Location of all subsurface utilities entering the property;
f) Location of existing erosion controls.
50. Furthermore, the following information must be submitted to the NACC
when requesting a Certificate of Compliance:
a) The name and address of the current landowner;
b) The name and address of the individual/trust or corporation to whom
the compliance is to be granted;
C) The street address and assessor's map/parcel number for the project;
d) The DEP file number;
e) A statement certifying compliance with the Order of Conditions and
approved plans.
51. The following special conditions shall survive the issuance of a Certificate
of Compliance(COC)for this project:
25' No-Disturbance Zone and a 50'No-Construction Zone shall be
established from the edge of adjacent wetland resource areas except in
those locations approved under DEP#242-578. Future work within
100' of existing wetland resource areas will require a separate Mir%
C:1Winword10001242-878.dce 10
NACC 10/I5/97
BUTCHER BO`.' Fax:978-685-5640 Jul 10 '01 14:12 P.21
DEP FILE#242-878
with the NACC(refer to Section XI(page 1S) of the Regulations for
performance standards within these zones)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#15);
• Maintenance of catch basins (Condition#33);
Discharge or spillage of pollutants (Condition #43);
• Prohibition of underground fuels(Condition#44);
• Limitations on the use of fertilizers,herbicides,road salts, de-icing
compounds and pesticides(Conditions #45.).
CAWinwond\000242-878.doc I 1
NACC 10n 5/97
BUTCHER BOY Fax:978-685-5640 Jul 10 '01 14:13 P.22
r
�,• a, =is• :v '":aiCfttf Ci the vvn5cr'�c:�Gn r.�:�:.^..tsS;CfT_
On ;tris 15th aay ot October 97
Joseph W. Lynch, Jr. t=--�.--.
r_rsorady a,,, rr_ P ch
iC^e ar:C'.vr.:c
perscn test:tet in and'Nnc exec:cte 'm t ?•-• ,
Gi 2 •Cf 7.,Inty^!r'S: ._.^.2Rt.'.nC cC:tnC'.•rI�C��C 'u`,gt�'2:Sc�.. =x?r'• ?C
;ices sans as`ls4 imer`ree ac;arci(teed. rI
December 11, 2003
.'se arCnC31 G:-e_--r-or. lay Cer-.:.naS,^-a�±a'zy chis Crzer.any ager_t lanc a.;utsing;no fart uxn .ncc-:ne rcc=•sac—Crx Is:c_s
conA.Cr any ten fastcen;Z.,t:•Te=.-I Cr:Ctirn,n_nicn such lanc:s ICeittC.are ner3ay nc:diea--rmow rrgrt':Q re-vues;:78
„nvcrer,narta?rr;x:ccn to issue a sucamecing Crcer. Crc,,,cirq:re r-cvest:s mace Ly cer;lie-nau Cr"tars Jalry-ry:e the C?carr..eat.
.,vrtrt the acy:ee::ata tifir,4 tte arse=-9 I:ans:'Tmw?arts as erevreee in=te CMA to-=-71.vermin ren cars'"rn;ne,acs at 3s:Qance ct;-u
3acerrinaacn. : .d ct:na ret;uest vizal al me sate ar,'te ce sent zly_triliec.marl cr nanc cakveri tc:'a C.xsar,atrcn Ccmr.,ssran
we:'to aCClic;im
1, jrC: '7i-5i CG acceal Chis C� c ? L a T
4Z1:5.r. O ..���Lr' C:.$:� CC.r:C.2.L �` a ot+i: 3;J�e.•r c Coe3o n1:'C
e z Sune.i,a: Ceu_c.
RICE;?= Cts T E RiGIST � OF DEEDS 2•E'.i5T 3-c 5U3Lv!ITT=D TO :�:IS O:=TCS SHQ TNG
Th:�T i :5 QRD_Z CF COYDI=iOtij HAS 3£Eti RECOU, ED AT Tc: :\GRTc cSSE C 2 rISTR`. CF
DEEDS.
_Jetae;s an cc(—'aa line arc suc.^it:a �fQrCh Ando ve z Crrcr tc C:r;rneene trt'ent_!•..er2.
_. Z wait Strae=, \to_ A o'1 - �=: G13 -5
- ...... .._........_ ............................. .....................
a �it7LCG _�Qv:T2_'Cocsa_v_c�on Cotrmiss::oa
•sSc:-G.-vrnc:::v
?fn3se.E 3e',cs 2G "o[:^e Orcer if cclictiicns ICr:re:rciec:zi
2L 2_878
=re un�rr -as::e-n r--c_rcea at
gas_een.�ctee.n:n_-_-air.cr:,ne v:me avavtc_tccer.,,.n:!c=;:znca
u:aec:cac= ❑t c s- •mar-:nueeer --c.,canc:,I&^cs r_ cion,s