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Home My WebLink AboutMiscellaneous - 143 LACY STREET 4/30/2018/ 143 LACY STREET 2101105.D-0167-0000.0 ,L North Andover Police Department Incident Number:2013000022285 1475 Osgood Street File No: NIA . North Andover, Ma. 01845-4099 Dispatch Incident Number:2013000023836 (978) 683-3168 Print Date: November 13,2013 Incident Report Printed By: pdellech Citations Citation No Code Date Status Statute. Description No Citations reported for Incident#:2013000022285 Permits Permit No Type Issue Date Expire Date Status Issued ToMotes No Permits recorded for IncidentM 2013000022285 Narratives for Incident Number 2013000022285? Yes Other Narratives not authorized for print? None Narratives this user authorized to print: Narrative_by: Patrol Officer Katherine Gehrke(454) Division:Patrol Officers Date&Time Narrative Descrintion Entered by Status Reviewed bx Last Edit Date 11/13/2013 08:10 Patrol Officer Katherine Open 11/13/2013 Gehrke(454) At approximately 2:30pm on 11/10/13 while assigned to sector 3 patrol in cruiser#304;1 was dispatched to take a report from the resident of 95 Lacy ST,who reported that his neighbors at 143 Lacy ST were operating an auto shop. Upon my arrival in the area with Officer Wilson (cruiser#308),we observed a old flat bed truck leaving Lacy ST.After arriving at 95 Lacy, I spoke with Wayne Birch,who alleged that his neighbors,the O'Mahoneys, allow for a glass company owner to use a garage located by the barn area to restore and sell vehicles. Birch alleged that the person works on the vehicles at odd hours of the night but that he has not contacted police in regards to the noise problems in the past. Shortly after our arrival, a pick-up truck(MA Repair Reg#8974A)was seen exiting the property's gated area. I approached the male, later identified as Thomas Harvey,who owns World Wide Industry Glass Company in Wakefield, MA. Harvey stated that he was dropping off a shell of a corvette and an older corvette which were purchased by O'Mahoney's son for his personal use. I was then contacted by Chris O'Mahoney by phone who.reported that he purchased the corvettes as a restoration project. O'Mahoney stated that one corvette was to be used as parts for restoring the other. The corvette was to be used for personal use, according to Chris O'Mahoney. Signature.Reporting Officer Signature-Reviewing Officer ------------------------------------------------------------------------------------------------ Incident Dispatcher Remarks:. create User ID: system Date&Time 11/10/2013 15:06:46 2013/11/10 14:35 Matos,,Cynthia 544:CALLER REPORTS THE OMAHONEY'S ARE RUNNING A BODY SHOP ON THEIR PROPERTY. OFFICERS GEHRKE.AND WILSON RESPONDING 2013/11/1015:05 Matos,Cynthia 544:OFFICER GEHRKE WILL FILE A REPORT Incident Number.2013000022285 Page 2 of 2 PI.FormSingle 10/10/13 North Andover Board of Assessors Public Access Page 1 of 1 , NORTH Mort ■ Andover Board of Assessors 'SswcHus�t roperty Record Card Click Seal To Return Parcel ID:210/105.D-0167-0000.0 FY:2011 Community:North Andover SKETCH PHOTO Click on Sketch to Enlarge Click on Photo to Enlarge Search for Parcels Search for Sales 10 int m ; Ell lilt., Summary Residence Detached Structure Condo 143 L-6A LACY STREET Commercial Location: 143 LACY STREET Owner Name: CGT LACY TRUST O MAHONY,JOHN B.&STEPHANIE L.TRU Owner Address: 143 LACY STREET City: NORTH ANDOVER State: MA Zip: 01845 Neighborhood:6-6 Land Area: 2.34 acres Use Code: 101-SNGL-FAM-RES Total Finished Area: 3604 sqft ASSESSMENTS CURRENT YEAR PREVIOUS YEAR Total Value: 560,000 635,100 Building Value: 342,900 418,000 Land Value: 217,100 217,100 Market and Value: 217,100 Chapter Land Value: LATESTSALE Sale Price: 100 Sale Date: 10/01/2009 Arms Length Sale A-NO-FAMILY Grantor: O'MAHONY,JOHN B. Code: &S Cert Doc: Book: 11789 Page: 24 http://csc-ma.us/PROPAPP/display.do?linkld=1707664&town=NandoverPubAcc 6/15/2011 n bEe Gry w p y+ at 7� E n lr T3 1 MlM� 3 ¢ a a M r c. f h Y 4 � k pg �' x VVII/IIIVI/I�VM•i•• vI • •wr•n•w�.••w�� Department of Fire Services Permit No.Occupan �J BOARD OF FIRE PREVENTION REGULATIONS Rev. 1/07] and Fee Checked w � leave blank APPLICATION FOR PERMIT TO PERFORM ELECTRICAL WORK All work to be performed in accordance with the Massachusetts Electrical Code(MEC),527 QMR 12.00 (PLEASE PRINT INIIVK OR TYPE ALL INFORMATION) Date: '—(o City or Town of: NORTH ANDOVER To the Inspector of Wires. By this application the undersigned gives notice of his or her intention to perform the electrical work described below. Location(Street&Number)_ ` /Z/3 Owner or Tenant Q-PmI -6 , t Telephone No. Owner's Address 3e--14 Is this permit in conjunction with a building permit? Yes ❑ No ®/"(Check Appropriate Box) Purpose of Building Utility Authorization No. Existing Service Amps Volts Overhead ❑ , Undgrd ❑ No.of Meters New Service Amps / Volts Overhead❑ Undgrd ❑ No.of Meters Number of Feeders and Ampacity Location and Nature of Proposed Electrical Work: Completion of tAe following table may be waived by the Inspector of Wires. No.of Recessed Luminaires No.of Ceil:Susp.(Paddle)Fans No.of Total Transformers KVA No.of Luminaire Outlets No.of Hot Tubs Generators KVA No.of Luminaires `2 Swimming Pool Above In- N-0.—Of Emergency Lighting rnd. ❑ rnd. ❑ Battery Units No.of Receptacle Outlets No.of Oil Burners FIRE ALARMS I No.of Zones No.of Switches No.of Gas Burners f Detection and TotaInitiatin Devices No.of Ranges No.of Air Cond. Tonsl No.of Alerting Devices No.of Waste Disposers Heat Pump Number I To KW No.of Self-Contained Totals: Detection/Alerting Devices No.of Dishwashers Space/Area Heating KW Local❑ Municipal ❑ Other Connection No.of Dryers Heating Appliances KW Security Systems-* No.of Devices or Equivalent No.of WaterKW No.of ..No.of Data Wiring: Heaters Signs Ballasts No.of Devices or Equivalent Telecommunications Wiring: No.Hydromassage Bathtubs No.of Motors Total HP No.of Devices or Equivalent OTHER: Estimated Value of Electrical Work: 5?�-d Attach additional detail if desired,or as required by the Inspector of Wires. (When required by municipal policy.) Work to Start:��g y((} Inspections to be requested in accordance with MEC Rule 10,and upon completion. ' INSURANCE COVERAGE: Unless waived by the owner,no permit for the performance of electrical work may issue unless the licensee provides proof of liability insurance including"completed operation"coverage or its substantial equivalent. The undersigned certifies that such coverage is in force,and has exhibited proof of same to the permit issuing office. CHECK ONE: INSURANCE i '-BOND ❑ OTHER ❑ (Specify:) I certify,under the pqs and penalties of perjury,that the information on this application is true and complete. FIRM NAME: LIC.NO.: d7 Licensee: Signatur LIC.NO.: � � (Ifapplicable,enter"exempt"fn the license nz�mber line. Bus.Tel.No.: . 7 % � { 010 Address: Alt.Tel.No.: nil- g �'-{�'7D *Per M.G.L c. 147,s.57-61,security work requires Department f Public Safety"S'� icense: Lic.No. OWNER'S INSURANCE WAIVER: I am aware that the Licensee does not have the liability insurance coverage normally required by law. By my signature below,I hereby waive this requirement. I am the(check one)❑owner ❑owner's Owner/Agent Signature Telephone No. PERMIT FEE. $ The Commonwealth of Massacal-c—I- Industrial,Accidents Department of . office of Investigations 600 Washington street Boston,MA 02111 www.mass.goy�dia � Compensation Insurance Affidavit* Builders/Contractors/E1please Print Le ihl Workers Comp licant Information ll ane(Business/organization/individual): address: 1414, phone#: ' Type of project(required): -ity/State/Zip: box: g 0 New construction employer?Check theappropriate 4 0 1 am a general contractor and 7 Remodeling kre you a /2 r have hired the sub-contractors to er with_U�-t�-- am a emp Y art-time).* listed on the attached sheet.t 8 Demolition employees(full and/or p addition or pa�eT- These sub-contractors insurance. 9 0 Building 0 I am a sole proprietor to ees msuran workers' comp• ship and have no emp ce capacity- 5 We a corporation and its 10 ectrical repairs or additions working for me in any p 11.0 plumbing repairs or additions [No workers' comp-insurance officers have exercised their right of exemption per M 12❑goof repairs required.] doing all work c.152,§1(4),and we have no Other 3 `] I am a homeowner [No workers' 13.0 myself.[No workers' comp• employees. uired.] comp•insurance req information. such. ensation policy inform insurance required•] their workers'comp information. must also fill out the section below showing co ntractors and their workers'comp.policy 1 n all work and then hire e3 -de contractors must submit a new affidavit indicating *Ary applicant that checks box# the are doing the name of the sub-contractors is the policy and job site homeowners who submit this affidavitached an y fpr m employees. Below ptractors that check this box must attached an additio�sheet pen atton insurance y ' n an employer that is providing workers i information. an Name: Expiration Date: Insurance Comp Y 7 � L(5 policy#or Self-ins�L4 .#: j� City/State/Zip: expiration date). showing the policy number and exp enalties of a I Job Site Address: compensation policy declaration Page( osition of criminal and a fine of thew comp of MGL c 152 can lead to the off a STOP WORK Attach a copy as regwred under Section 25A Penalties in the form risonment,as well as civil p be forwarded to the Office of Failure to secure coverageear imp of this statement may fine up to$1,500.00 and/or one-ysed that a of u to$250.00 a day against the violator. Be e verification'cop p provided above is true and correct. Investigations of the DIA for insurance coveragthat the information p enalties of perjury — l � Ido hereby certify under the pains and p Date: Si nature: _ _ ,� -7�_ i phone#: Do not write in this area, to be completed by city or town o official ffeial. � ial use only. I permit/Licerise# City or Town: 4.Electrical Inspector 5.Plumbing Inspector Issuing Authority(circle one) CityTown Clerk 1,Board of Health 2.Building Department 3. �I6..other phone#: �.' Contact Person: I -� a,uinmunwcaicu vi Department of Fire Services Permit No. 9 Occupancy and Fee Checked M BOARD OF FIRE PREVENTION REGULATIONS [Rev. 1/07] (leave blank) APPLICATION FOR PERMIT TO PERFORM ELECTRICAL WORK All work to be performed in accordance with the Massachusetts Electrical Code(MEC),527 CMR 12.00 (PLEASE PRINT WINK OR TYPEALL INFORMATION) Date: City or Town of: NORTH ANDOVER To the Inspector of Wires: By this application the undersigned gives notice of his or her intention to perform the electrical work described below. Location(Street&Number) �T-- Owner or Tenant :Z—U, ©^P4eATelephone No. 137 Owner's Address 5e-1--4 Is this permit in conjunction with a building permit? Yes ❑ No ®/`(Check Appropriate Box) Purpose of Building - Utility Authorization No. Existing Service Amps Volts Overhead ❑ Undgrd❑ No.of Meters New Service Amps / Volts Overhead❑ Undgrd ❑ No.of Meters Number of Feeders and Ampacity Location and Nature of Proposed Electrical Work: d ggmpletzon.of tAee following table may be waived by the Inspector of Wires. c No.of Total 9 5 V y Transformers KVA Generators KVA Date.... �� o.oYYmergency Lighting Battery Units NORTp TOWN OF NORTH ANDOVER FIRE ALARMS No.of Zones �^ No.of Detection and t i. •. * PERMIT FOR WIRING Initiating Devices No.of Alerting Devices SSACHUS ` 7 No.of Self-Contained y Detection/Alerting-Devices ❑ Municipal Local ❑ Other This certifies that Connection e Security Sy p �� . ................................ . has permission to perform "��' cNo.of Devices s ems•x ,�. �?GI:QL'r .•. � /r Data Wiring: vices or E uivalent wiring in-the building of r �I/ /nuc �� o.o Devices or Equivalent Telecommunications Wiring: No.of Devices or Equivalent at........(q-3......-...��:.....s% ............... North `. ��' d� e ..�,.5...-•-•-:" Lic.No._ d��^t'�f. _ offer, ass. d t j . ... .,� ��-�' : desired,or as regz�ire by he.Inspector of Wires. r/ ,r r LECTRICAL INSPECTOR :Clpal policy.) Jhe�k*/# / C Rule 10,and upon completion. ormance of electrical work may issue unless overage or its substantial equivalent. The -�--- - :,4e to the permit issuing office. CHECK ONE: INSURANCE ©BOND ❑ OTHER ❑.(Specify:) 1 certify,under the pains and penalties of perjury,that the information on this application is true and complete. FIRM NAME: PM oix u-, •.(-&,�,"., �'7e��Ki� l r.,t �- LIC.NO.: -172 Licensee: '_�'�l0 �'�Jct��t�/ Signatur ��1 LIC.NO.: 7�/7'� (If applicable,enter"exempt"in the license number line. t Bus.Tel.No.: . 7R-%ion` ��(/ Address: �!!;[/� . ,61 a( , o(Q(,/ Alt.Tel. *Per M.G.L c. 147,s.57-61,security work requires Deparch°nent f Public Safety"S'�FLicense: Lic.No. OWNER'S INSURANCE WAIVER: I am aware that the Licensee does not have the liability insurance coverage normally required by law. By my signature below,I hereby waive this requirement. I am the(check one)❑owner ❑owner's Owner/Agent Signature Telephone No. PERMIT FEE: $ / A r Hoary Q`S.LlO�6 q�0 � p F�gogt*`Sy* CHUs 16000sgood Street Building 20, 2035 North Andover MA 01845 Tel: 978-688-9545 Fax: 978-688-9542 COMPLAINT FOR INVESTIGATION DATE: 4 Tel #: FROM: ;12CiV ADDRESS: CIS Complaint Against: ELECTRICAL: PLUMBING: GAS: BUILDING CONTRACTOR: PROPERTY OWNER: OTHER: �O4 � Signed: .I 1 Brown, Gerald From: staceybirch1960@gmail.com Sent: Wednesday, April 03, 2013 1:51 PM To: Brown, Gerald Subject: Auto shop at 143 lacy st Mr Brown The property at 143 Lacy st is running sum type of auto repair shop out of the building that they call the farm supply building. This is the building closest to my property. Nearly every day during the week at around 4:30 5:00 a couple of guys show up and work on the cars that are in that building. 1 car is a hobby 5 cars is a business. They also receive deliveries after 8:00 PM. So please before summer comes and windows and doors are open and the noise becomes worse than it already is. we would appreciate your help with matter. Thank you Stacey Birch Sent via BlackBerry by AT&T Please note the Massachusetts Secretary of State's office has determined that most emails to and from municipal offices and officials are public records. For more information please refer to: http://www.sec.state.ma.us/pre/preidx.htm. Please consider the environment before printing this email. URBELIS&FIELDSTEEL. LLP 155 FEDERAL STREET BoSTON MASSACHUSETTS 02110-1727 I'elephono 97X-4775-455-1 t C1.1�11011C hl�-iii-__1111 -ill;l l!Illi 0 111-kM.CO111 December 14. 2012 BY F:MAIL and FIRST CLASS MAIL William Gardiner, Fsq. lirodigan and Gardiner LLP 40 Broad Street Boston. NMA 02109 Re: O'Mahony Property in North Andover Dear Attorney Gardiner: In V our December 12, 2012 letter you State that your clients are claunulg an cILIHcuIRII-al use exemption from the tome s Storim\ater Nlamwement & Lruslon ContIVI 13\lacy. With regard to agriculture. that bN la%\ refers to the Massachusetts Wetlands Protection Act and its implementing regulations. 310 CMR 10.04 of those regulations (as attached to \!oLII-letter) requireS that the aUricultural activities be for commercial purposes. Attached hereto is an excerpt from a Department of Environmental Protection publication \yhich discusses the agricultural exemption under 310 CMR 10.04 and the commercial purposes requirement. In analyzing the meaning of the word --commercial" please note that the publicatlon states: Operating a stable is not commercial agriculture becaLISC no commoditS' ,,rows on the premises is sold. The services associated with the stable- boarding, grooming, and feeding the horses—do not Constitute i-aisin, an a�oricultural commodity. It NNould be different if Mrs. Green bred horses for sale. Merely keeping them on the premises. ho\yever. does not qualify the land used in that business for the exemption. I RBELIS K FIELDSTEEL.LLP December 14. 2012 P uc As the claimant for an exemption from the bylaw. your clients have the burden of proof xyith regard to showing the past or present allegedly agricultural activity ,was For commercial purposes. Neither your letter nor anything else submitted to the Town by your clients provides evidence (i.e. not just an assertion) ofthe commercial purposes required lur the exemption. Please have your clients provide such evidence of the --commercial purposes" as required by CMR 10.04. Ver\'truly yours. Thomas J. Urbelis l.11'sal I'.nCIostu'e cc: Andre\\ Mavlor. Town Manager Chapter Two; Approaching the Exemption Maintenance activities involve practices that keep existing operations in good working Maintenance order. Examples of"maintenance"include all aspects of crop management,management of related water bodies,and repairs to existing farm structures,access roads and ways.and fencing. Maintenance ss•ill not necessarily happen often.Sanding of cranberry bogs routinely happens every 3 to 5 years and repair or restoration of subsurface drainage may happen every 10)ears;still, they are considered to be normal maintenance. ?Maintenance activities must be necessary and directly related to the production or raising of agricultural or aquaculnual eonvnodities. Building a farm stand or a produce-packaging Facility in a ��edand resource area therefore generally would not be exempt.Also, the sire and scale of maintenance activities must be appropriate to the farm enterprise. Improvement activities involve change. Improvement Improvements ntay enhance growing conditions,involve construction,or require the use of- equipment fequipment in resource areas or a buffer zone.Examples include:creating a windbreak to reduce soil loss; building a by-pass channel/canal to improve stater quality in a cranberry system;digging a manure pit to prevent leaching; or establishing an irrigation system. Improvements might he innovative,such as adopting rotational grazing,a practice that involves changes in fencing and pasture seeding. Inten.sifping production, divcrsi(ving crops,and adding livestock are examples of improvement strategies ttpical!t used by competitive lviassachusens farmers. An improvement to one arca may n'irgcr a change ill the use of a relared area. For example, if a farmer converts from dairy to vegerablc production, it would be considered a normal improvement not only to convert suitable pasture or field,corn land to rose crops,but also to adapt a livestock watering facility to irrigation and to set up greenhouses or cold frames in a former barnyard. As with maintenance activities, improvement activities must be necessary-and directly related to the production or raising of agricultural or aquacultural commodities. Building a farm stand or a produce-packaging facility therefore would not be exempt.Also,tilt size and kale of improemcut activities must be appropriate to the farm enterprise. To qualify for the Agriculture Exemption, land must be in agricultural use. Land in The Agriculture Regulations are quite specific about what constitutes land in agricultural or Agricultural Use aquacultural use: [be exemption applies only to those land areas within the farm gate that presently and primarily are in production or that customarily and necessarily are related to production. (LIAU) Thus,bringing abandoned land back into production(see discussion below),opening new land to farming(enlarging a farm enterprise into previously unaltered resource areas),or creating new access roads and ways or work areas are not exempt activities because the land in question is not presently and primarily in or related to production. (Certain improvement activities are an exception to the rule just stated,that land must be `presently and primarily in production'or"customarily and necessarily related to production"to qualify fur tilt Agricultture Exemption.These activities'-the squaring off of field edges and the creation of certain stater control structures-are dcscribed later in this Guide. Otherwise, it is NOT considered exempt to convert so-called related land to cropland.) The Agriculture Regulations also stipcdate that, to be exen.p,, land fnu<t be used in producing or raising agricultural commodities for commercia!purposes.The definition of"commercial" is ciscussed helot(see page 2-3). Ai though the land must be"presently and primarily"in agricultural use,the definition allows Active vs. Inactive Land it to be"inactive"for tip to 5 consecutive years without losin,exempt status-or longer. if the land is inactive as part of a USDA contract pursuant to the Conservation Preserves Program. For examole,a field or pasture may be out of use temporarily because o changes in enterprise,a financial situation, or as a strategy to manage steeds or fertilitw: still,it is considered land in agricultural use for up to five tears. Land that currently is inactive as part of an active rotation is considered land in agricultural use. 2-2 Forming in Weiland Resource Areas Chapter Two: Approaching the Exemption Arid a field that is fallow-that is,plowed but unseeded-is not considered inactive. Land under the jurisdiction of the Wetlands Protection Act that has been out of-production for longer than fine years(without being under USDA contract) is considered new land.Farming activities proposed for such areas are not exempt and therefore require a permit (an Order of Conditions) under the Wetlands Protection Act.Thus,a pasture that has not been grazed or managed at all during the past five years is not considered land in agricultural use,even though fencing still surrounds it. It is proper for a Conservation Commission or DEP to require documentation of the except and the timing of agricultural use. Such proof could be aerial photography,a USDA farm plan,hay receipts,or ASCS cropping records. Land in Production "Land in Production"is one kind of land in agricultural use as defined by the Agriculture Regularions.It is that portion of the farm presently and primarily used to produce or raise agricultural commodities for commercial purposes.A field of corn,a fenced pasture of grazim-;sheep,an orchard, a chicken yard, a pick-your-own stray+berg patch-all of these are clear examples.The area of a forest under active management also is considered productive land. Necessary and "Necessary and related land" is the other kind of land in agricultural use as defined by the Related Land Agriculture Regulations. It is the portion of the farm chat is"presently and primarily used in a manner related to,and custonwily and necessarily used in, producing agricultural commodities."These are areas of the farm that are not producciye cropland but that are essential to the operation of the faun because they support existing land in production, Examples in, udc:existing access roads and ways; composting areas;barns and s!ieds; fire ponds;livestock crossings;woodlot landings;and field edges. PARCd land also includes those areas where water management activities take place,such as: pond inlets and outlets;accesses;field surface anti subsurface drainage systems, including pipes and outlets,pumphouses; and permanent or remporar' culverts. Related areas may be used continually, such as an access to a field;seasonally,such as the area set aside lar the burning of orchard prunings,or infrequenth,such as a sand pit for cranberry bog sanding.All of thew areas are iutegial and necessary cornpunents of'active enterprises. Definition of According to the definition of"land in agricultural use"at 310 CMR 10.02ji(Agriculture)(a),thr Commercial land in question must be used to produce or raise certain agricultural commodities"I'M commercial purposes."what distinguishes commercial purposes from non-commercial purposes, The American Hcriragc Dictiorstry(Second College Edition, I M),gives the following relevant definitions: "La. Of or pertaining to commerce." ;"Commerce,"in turn,is defined as"The buying and selling of goods.'] "3. Haying profit as a chief airn." Using these definitions,a"cornmercial purpose"can be characterized by is+-o key elements: first, the activity of selling;and second, the goal of making a profit. It is not enough to have one without the other-both elements must be present.Whether they are present must be determined on a case-by- case basis. Farming in Wetland Resource Areas 2-3 Chapter Two: Approaching the Exemption It is not possible to give an exhaustive list of examples that will corer every question that might Examples arise about the meaning of the word"commercial."The following examples,therefore,are meant as illustrations oniti•: iron mmzy perms,Ms. Smith has strawberries on her propert; A portion o{thr crop grows n the 100,foot buffer zone to a resource area under the l4 etlands Protection Act.Als. Smith consumes Qi, s sane of the strawberries herself. Sonic shegines au-tit-fresh to friends and reltti:es. The rest she turns into preserves;she uses sonze of the preserves hersr Panel,etgttin,she gives rbc rest a;cal. May she pcu form 'izm•mal m.tintenrrzce"a•'nonzal irnproennent"activities,such as spreading compost, uvthour filing with the Conservation COminirsiot? 4 The answer is no. The laud is not "in agriculttnal rise"as defined in the Agriculture Regulations. 1 1Ms. Smith is not selling the srawberries. She has no goal of making a peau. For mane years,All. o Jones has grown strawberries f his property.A portion of the crop grows in the 100.fo otheot buffer zone to it resource area under the 11"etlmta's Protection Act.AL.Jones ConsnntCs sone of the strawberries himself. The rest he sells on weekends froi n his front porch to help cover his torts fits fertilizer, water,and the like.Map he per firm "normal n:aintrnance"wr "non:al inzpz0venaent" nivitics, such as spreading compost, without fling with the Coseru ation Commission? The muuver is no. The land is not "int agricultural use"as de/incal in the.4grictaltrare Regulations. t11r. /one.,is selling his strawberries, but he has no goal or c,tprctttio:of making a profit. ,'Vote that u-hrther or not he wakes ap of t is not the issur-rather, whether or not he has '�)rolit as a chief aim"is the isstee Airs. Green Furs a stable. Her customers board their horses there. The customers take the hoses fur rules of Mrs. Green's property. Sonic of the horse trail;pets;through wetlrtel and plus. Green clears the trails to keep them open. She also raises and harvests hap,partly in wetlands resource areas and buf jcr zones, which she f cds to the horses. The custoi ters are charged for the bray that Mrs. Green provider. Is Airs. Grccn's land in agricu(ttnrt(rase Theanswer is yes and no. }cs, the bind where hay is retired and harz-estcd r is in agricultural tese. The Arty is an agricultural commodit_p that is sold by Mrs. Green as part ofher fo profit activity in running the stable. She could just as well sell the hay to a feed business and require her customers to supple their own hay;instead,she bets nit out the mielele nlan. I hat sloes nor aff Ccr the conntercietl nature of the,acrivitY. However, the riding paths are not in a;rtcultu al use. Operating a stable is not commercial agrictelnrz brctnue no conrvodit'11Yo14;n on the prrmises is sold. The sCrvices associated with the stable -boarding,grooving,and jecding the horses-A nor constitute raising all agricultural co lnwdit)t Ir would be d f rent i f.Wrs. Green bred horses for sale. Merely keeping them on the prennses, howerCr;does not gwz4,5,the land used in that business fir the exemption. It is important to remember the significance of these activities not qualifiling for the Agriculture Lxen,ption. It does not mean that the lando\rncr tnav nut`row strawberries or operate a stable.It docs mean that before the landov.ner takes actions that Nvould remove. fi':!, deeds-e, or alter a Nvetland resource area or alta a Buffer Zone,he or she must file a Notice of intent and receive an Order of Conditions. 2-4 Forming in Wetiond Resource Areas Chapter Two: Approaching the Exemption Summary To summarize,the exemption for normal maintenance or improvement of land in agricultural use must meet the following tests: • It is the Nvork,or activity, that is exempt,and not the land itself. • The act;vjtY must be considered normal. • The activity must be considered maintenance OR the activity must be considered improvement;.AND • The activity must occur on land in agricultural or aquacultural use. If all of these conditions are met,the actiyitY can qualify for the Agriculture Exemption. Before the farmer ma} proceed syith the exempt aetivit•,however,certain conditions must be mer. Conditions Even though an activity is considered"exempt," there are conditions that must be satisfied in order to exercise the,Agriculture Exemption. Farmers and Conservation Commissioners need to understand these conditions,which can be classified as either"general"or"specific." General Conditions The following General conditions apply every time the Agriculture Exemption is exercised: • All maintenance or improvement activities shall be"undertaken in such a manner as to prevent erosion and siltation of adjacent water bodies and wetlands."This condition is contained in the introductory paragraph to 310 CNIR 10.04(Agriculture)(b)and in 310 CMR. 10.04(Agricul cure)(c)M. • Pilling or dredging of a salt marsh is prohibited under all circumstances.This condition is contained in the introductory para,raphs to both 310 CMR I0.04(Aariatlture)(b)and 310 C,MR 10.04(A1;rieulture)(e). • All maintenance and improvement activities must be"conducted in accordance with federal and state laths."This condition is contained in the introductory paragraph to 310 CMR 10.04(Agricultu:c)(b) and in 310 CMR 10.04(Agriculture)(c)(1). Examples of last's that might be relevant:are those dealing With pesticide application, fuel storage,and cotnposcint,,. Specific Conditions "]'here also are specific conditions that appear in particular sections of the Agriculture Regulations.These have to do with: • Limitations on size. • Limitations on location. • Limitations on loss of flood storage capacity. • Particular prohibitions on storage sites for fertilizer and pesticides. • Protection for rare specie:habitat. • Requirements for conservation plans approved by SCS (see pale 2-8 of this Guide). "file forestry provisions of the Agriculture Regulations have additional conditions that refer to otter laws and reculations,as well as to specific forestry practices. Farming in Wetland Resource Areas 2-5 MEMORANDUM TO: Andrew Maylor, Town Manager FROM: Thomas J. Urbelis, Town Counsel CC: Curt Bellavance Judy Tymon Gerald Brown Jennifer Hughes RE: O'Mahony Property on Lacy Street DATE: December 13, 2012 You asked for my opinion as to whether or not the Stormwater Bylaw applies to the O'Mahony property. As discussed below. there are factual findings which need to be made in order to determine whether the Stormwater Bylaw applies. Applicability of Bylaw: Section-160-4 provides in part: "Except as permitted by the Planning Board in a land disturbance permit or as otherwise provided in this Bylaw, no person shall perform any land disturbance involving disturbance of 43,560 square feet or more of land." Therefore, there must be a determination as to whether there has been (or will be)a disturbance of 43,560 square feet or more of land. Exemption: If it is determined that 43,560 square feet of land has been, or will be disturbed, one of the exemptions is as follows in 160-413: "Exempt Activities. The following activities are exempt from the requirements of this Bylaw: 2. Normal maintenance and improvement of land in agricultural use." The O'Mahonys claim they are exempt under the foregoing provision, as stated in a letter dated December 12, 2012 from Attorney William Gardiner, attached hereto, which recites alleged facts to justify the exemption. "Ay,ricultural Use" Definition: (a) In 160-2 the Bylaw defines agriculture as follows: "AGRICULTURE: The normal maintenance or improvement of land in agricultural or aquacultural use. as defined by the Massachusetts Wetlands Protection Act(M.G.L. c. 131, §40) and its implementing;regulations(3 10 CMR 10.00). (emphasis supplied) (b) The applicable regulation (310 CMR 10.04) which defines agricultural use is attached to Attorney Gardiner's letter. (The underlining and highlighting are his.) Factual Determination Required: While Attorney Gardiner's letter describes the alleged history of the use, a factual determination needs to be made as to the accuracy of the assertions in his letter: (a) Whether the use of the land is. or has been, consistent with the listing of agricultural uses in 310 CMR 10.04(x) and (b) If the land is not currently in agricultural use, then whether the land was in agricultural use and satisfies the criteria that it may be inactive for up to five consecutive years, (i.e., sometime since 2007). Enforcement: This is a general bylaw, and not a zoning bylaw (which is enforced by the Building Inspector). Section 160-5A of the bylaw states: "The primary authority for the administration, implementation, and enforcement of section 160-4 shall lie with the Planning Board." Section 160-2 (Definitions) states in part: "PLANNING BOARD. The designees authorized to implement all actions and procedures authorized by the Bylaw. The Planning Board may, by majority vote at a public meeting, delegate any of the responsibilities for the administration of this Bylaw to the Town Planner." Conclusion: Therefore,unless the Planning Board is willing to accept the factual assertions in Attorney Gardiner's letter regarding the use of the land and the timeframe for such use as being accurate, in my opinion the following factual determinations need to be made by the Planning Board (or designee if so voted) in order to determine whether or not the Stormwater Bylaw applies to the O'Mahony property or whether the property is exempt under the agricultural use provision: 1. 1 las there been, or will there be, a disturbance of 43,560 square feet? (I believe Judy Tymon is already of the opinion that there has been a disturbance in excess of 41.560 square feet.) ?. The factual determinations as stated above. According to Attorney Gardiner's letter, the O'Mahonys will lose grant funding if the solar panels are not installed this year. If the Planning Board places this matter on the agenda for December 18, the O'Mahonys or their counsel should be notified. Please let me know if you have any questions. BRODIGAN AND GARDINER LLP ATTORNEYS AT LAW 40 BROAD STREET JOSEPH J.BRODIGAN, P.C. BOSTON, MASSACHUSETTS 02109 jbrodigan@brodiganlaw.com WILLIAM D. GARDINER wgardiner@brodiganlaw.com MICHAEL B. BRODIGAN (617) 542-1871 mbrodigan@brodiganlaw.com JOSEPH J. BRODIGAN,,JR. jbrodlganjr@brodiganlaw.com FACSIMILE:(617)482-1871 December 12, 2012 Via Email and First Class Mail Thomas J. Urbelis, Esq. Urbelis & Fieldsteel, LLP 155 Federal Street Boston, MA 02110-172.7 RE: O'Mahony Property in North Andover Dear Tom: This is a response to your letter dated November 30, 2012 regarding the use by my client, The O'Mahony Family Farm, LLC, of its property on Lacy Street in North Andover. The O'Mahonys acquired the property by deed dated December 30, 2010 from the Estate of Barbara Tighe. Ms. Tighe had operated the Whipporwill Horse Farm at the property having acquired it herself in 1967 . She continuously operated a farm on the premises until her death in 2002. A Notice of Agricultural Tax under M.G.L. c. 61A dated July 6, 1997 was recorded in the Essex South Registry of Deeds. That tax status has not changed since then. Subsequent to Ms. Tighe' s death, Stacy Hughes-Birch operated a horse farm there until approximately 2010 when she vacated the property pursuant to an order of the Essex Probate Court . The Essex Probate Court order also determined that certain barns and structures on the farm were a public safety hazard and ordered that they be razed. This was done by the Tighe Estate in January 2011 as a condition of the sale to the O'Mahonys. Since that time, my clients have expended a substantial amount of time, effort and money to reconstruct the farm structures in order to properly and safely operate the farm on the property. BRODIGAN AND GARDINER LLP Most of the farm buildings have been constructed to date. All work was done pursuant to validly issued permits and approvals from the Town of North Andover. The construction and erection of the structures required to house solar panels is the last significant piece of work to be done. That work is the subject of the building permit application that ,john O'Mahony submitted on Monday to the Town. Those solar panels are going to be used to provide efficient, environmentally friendly energy to power the farm operation. My clients have opted to utilize solar power, in part, because they will receive a combination of grant money and tax credits from the state and National Grid for its use. One of the conditions of the grant is that the panels be constructed by December 31, 2012. As per our telephone conversation of today, I did speak to my client. He informs me that he has never prohibited the building inspector from accessing the property. If there is some misunderstanding in this regard, I suggest that Mr. Brown contact either John or Stephanie O'Mahony and they will make arrangements with him for access. Because of the looming December 31 deadline, my clients are anxious to satisfy any conditions required for the issuance of the permit. As soon as all of the improvements are completed, my clients fully intend to continue the farm operations. They will have approximately 10 horses, 12-24 chickens and possibly, goats as well. They are also investigating the feasibility of planting and raising vegetable crops as well as housing other types of animals. The structures that the O'Mahonys have erected clearly support the fact that they intend to use the property as described above. I have been told that the permit to erect the solar panels will not issue until there is some determination about whether a permit under the Erosion Control Bylaw was BRODIGAN AND GARDINER LLP required for grading work that my client did at the property. While I do not believe that that is a valid basis for withholding the solar panel permit, I am of the opinion that my clients are exempt from the bylaw. Section 160-4 B (2) expressly exempts from the requirements of the bylaw "Normal maintenance and improvement of land in agricultural use. " The bylaw relies upon the definition of agriculture use contained in Massachusetts Wetlands Protection Act (MGL c. 30, §40) and its implementing regulations (310 CMR 10. 00 et seq. ) . 310 CMR 10. 04 (a) , a copy of which is attached to this letter, defines agricultural use to include the producing and raising of animals and vegetable crops. That regulation also specifically states that land in agricultural use may lie inactive for up to five consecutive years without losing its status as agricultural property. While I submit that performing the improvement work to the farm structures is sufficient to deem zhe property to be "in agricultural use", the five year protection provided in the regulation eliminates any argument that my client' s property is not in agricultural use because there are no animals nor crops on site today. Please review the above and let me know if you need any further information in order to bring this issue to a resolution. Thank you for your cooperation in this matter. Sin ere ly, William Gar zner ?G. No person shall remove, fill,dredge or alicr any area subject to protection under this section without the required authorization,or cause.sutler or aliow such activity,or leave in place unauthorized fill,or otherwise fail to restore illegally altered land to its original condition,or fail to comply with an enforcement order issued pursuant to this section.Each day such violation continues shall constitute a separate ofT'ense except that any person%vho fails to remove unauthorized fill orotherwise fails to restore illegall) altered land to its original condition after giving written notification of said violation to the conservation commission and the department shall not be subject to additional penalties unless said person thereaner fails to comply with an enforcement order or order of conditions. 27. Whoever violates any provision of this section,(a)shall be punished b) it fine of not more than twenty- five thousand dollars or by imprisonment for not more than two year-,or both such fine and imprisonment;or(b),shall be subject to a civil penalty not to exceed twenty-five thousand dollars for each violation. Definitions of Agriculture 13 10 CNIR 10.04 (Agriculture)] 10.04:continued Agriculture. for the purposes of 310 CMR 10.04 the following words and phrases have the following meanings: (a) Land in agricultural use means land within resource areas or the Buffer Zone presently and primarily used in producing or raising one or more of the following agricultural commodities for commercial purposes: I. animals,including but not limited to livestock,poultry,and bees; 2. fruits,vegetables,berries, nuts,maple gap,and other foods for human consumption; 3. feed,seed,forage,tobacco,flowers,sod.nursery or greenhouse products,and ornamental plants or shrubs;and 4, forest products on land maintained in forest use,including but not limited to biomass,sawlogs,and cordwood but not including the agricultural commodities described in 310 CMR 10.04 (X-in-culture)(a)1.through 3. Additionally,land in agricultural use means land within resource areas or the Buffer Zone presently and primarily used in a manner related to,and customarily and necessarily used in,producing or raising such commodities,including but not limited to:existing access roads and livestock crossings;windbreaks; hedgerows;field edges;bee yards:sand pits;landings for forest products; fence lines;water management projects such as reservoirs, Farm ponds,irrigation systems,field ditches,cross ditches,canalslchannels,grass waterways,dikes,sub-surface drainage systems,watering facilities,water transport systems,and water storage systems;agricultural composting sites;agricultural storage and work areas;and land under fart structures. Land in agricultural use may lie inactive for into five consecutive years unless it is under a United States eparrment o A rlculture(USDA contract for a longer terra ursuanI.to the Conservation Reserves rograttt a ood Securities Act of 198 ,as amen e y the Foe .Agriculture,Conservation and Trade ct o ;an 410),or it is used for the forestry purposes escrt e In Cr ( gricu ure an .).The issuing authority may require appropriate documentation,such as a USDA Farm Plan or aerial photography,to demonstrate agricultural use. (b) Normal maintenance of land in agricultural use,which in all cases does not include placing substantial amounts of fill in Bordering Land Subject to Flooding or filling or dredging a Salt Marsh,means the following activities,without enlargement as to geographical extent,that are occurring on land in agricultural use,when directly related to production or raising of the agricultural commodities references in 310 CMR 10.04(Agriculture)(a),when undertaken in such a manner as to prevent erosion and siltation ofadjacent water bodies and wetlands,and when conducted in accordance with federal and state laws: 87 - North Andover Stormwater Management and Erosion Control Regulations Land Disturbance Permit Adopted 2/15/11 Contents 1.0 PURPOSE ...................................................................................................5 2.0 AUTHORITY................................................................................................5 3.0 DEFINITIONS..............................................................................................6 4.0 ADMINISTRATION ......................................................................................6 4.1 Permit Granting Authority................:..........................................................6 4.2 Waivers......................................................................................................6 5.0 APPLICABILITY...........................................................................................7 6.0 LAND DISTURBANCE PERMIT PROCEDURES........................................8 6.1 Applicant....................................................................................................8 6.2 Application .................................................................................................9 6.3 Completeness of Application......................................................................9 6.4 Distribution............................................................................................... 10 6.5 Entry......................................................................................................... 10 6.6 Fees......................................................................................................... 10 A. Application Fees..................................................................................... 10 B. Independent Consultant Reviews and Fees........................................... 11 C. Maintenance Fees for Municipally Operated Systems............................ 11 D. Revision of Fee Schedules and Regulations Governing Fees................ 12 6.7 Public Hearing.......................................................................................... 12 6.8 Actions..................................................................................................... 13 6.9 Deadline for Action................................................................................... 13 2 6.10 Appeals.................................................................................................... 14 6.11 Project Delay............................................................................................ 14 6.12 Plan Changes .......................................................................................... 14 6.13 Project Completion................................................................................... 15 7.0 STORMWATER MANAGEMENT PLAN .................................................... 15 7.1 Stormwater Management Plan Contents ................................................. 16 7.2 Design and Performance Criteria............................................................. 18 A. Low Impact Design (LID)........................................................................ 18 B. Hydrologic and Hydraulic Criteria........................................................... 19 C. Recharge.................................................................................................20 D. Water Quality..........................................................................................20 E. Redevelopment......................................................................................21 F. Landscape Design..................................................................................22 8.0 EROSION AND SEDIMENT CONTROL PLAN..........................................22 8.1 Erosion and Sediment Control Plan Contents..........................................23 8.2 Erosion and Sediment Control Criteria.....................................................24 9.0 OPERATION AND MAINTENANCE PLAN................................................28 9.1 O&M Plan Contents ......................:..........................................................28 9.2 Changes to Operation and Maintenance Plans........................................29 9.3 Operations & Maintenance Records ........................................................30 10.0 INSPECTIONS AND SITE SUPERVISION................................................30 10.1 Preconstruction Meeting ..........................................................................30 10.2 Notice of Construction Commencement...................................................30 10.3 Erosion and Sediment Control Inspections ..............................................31 3 10.4 Construction Inspections..........................................................................33 11.0 SURETY ....................................................................................................33 11.1 Stormwater Completion Surety ................................................................33 12.0 CERTIFICATE OF COMPLETION.............................................................34 13.0 ENFORCEMENT.......................................................................................35 13.1 Notices and Orders..................................................................................35 13.2 Fines........................................................................................................36 13.3 Non-Criminal Disposition..........................................................................36 13.4 Remedies Not Exclusive ..........................................................................36 14.0 SEVERABILITY .........................................................................................36 APPENDIX A- DEFINITIONS ..............................................................................37 4 STORMWATER MANAGEMENT AND EROSION CONTROL REGULATIONS 1.0 PURPOSE The United States Environmental Protection Agency has identified sedimentation and polluted stormwater runoff from land disturbance, land development and redevelopment activities as major sources of water pollution. To address the impact of these sources of water pollution, the Town of North Andover has adopted a local Stormwater Management and Erosion Control Bylaw, Chapter 160 (the bylaw). The bylaw is necessary to protect the Town of North Andover water bodies and groundwater resources, to safeguard the health, safety, and welfare of the general public and protect the natural resources of the Town. Section 160-5 of the Town of North Andover Stormwater Management and Erosion Control Bylaw authorizes the Planning Board to adopt regulations to effectuate the purposes of this Bylaw. The purpose of these regulations is to clearly set forth administrative procedures and design criteria necessary to achieve the objectives of the Town of North Andover Stormwater Management and Erosion Control Bylaw: to prevent or diminish the impacts of sedimentation and polluted stormwater from land disturbance, land development and redevelopment activities by controlling runoff and preventing soil erosion and sedimentation from site construction and development. 2.0 AUTHORITY The Regulations contained herein have been adopted by the Planning Board in accordance with the Town of North Andover Stormwater Management and Erosion Control Bylaw, Section 160-5. Nothing in these Regulations is intended to replace or be in derogation of the requirements of the Town of North Andover Zoning Bylaw, the Town of North Andover Wetlands Protection Bylaw, the Town of North Andover General Bylaw, any other Bylaw that may be adopted by the Town of North Andover, or any Rules and Regulations adopted thereunder. 5 These Stormwater Regulations may be periodically amended by the Planning Board in accordance with the procedures outlined in Section 160-5 of the Town of North Andover Stormwater Management and Erosion Control Bylaw. 3.0 DEFINITIONS The definitions contained herein apply to issuance of a Land Disturbance Permit established by the Town of North Andover Stormwater Management and Erosion Control Bylaw and implemented through these Regulations. Terms not defined in this section shall be construed according to their customary and usual meaning unless the context indicates a special or technical meaning. All definitions are provided in Appendix A of these Regulations. 4.0 ADMINISTRATION 4.1 Permit Granting Authority The Permit Granting Authority for a Land Disturbance Permit shall be the Planning Board and, as such, the Planning Board shall administer, implement and enforce these Regulations. The Planning Board may, by majority vote at a public meeting, delegate any of the responsibilities for the administration of this Bylaw to the Town Planner (referred to herein as designated Agent or Agent). Projects and activities approved by the Planning Board or its Agent and for which a Land Disturbance Permit is issued shall be deemed in compliance with the intent and provisions of these Stormwater Management and Erosion Control Regulations and with the bylaw. 4.2 Waivers The Planning Board or its designated Agent may waive strict compliance with any requirement of these regulations where such action is: • Allowed by federal, state or local statutes, and • Is in the public interest, and 6 • Is not inconsistent with the purpose and intent of the Town of North Andover Stormwater Management and Erosion Control Bylaw, Chapter 160. Any applicant may submit a written request to be granted such a waiver. Such a request shall be accompanied by an explanation or documentation supporting the waiver request and demonstrating that strict application of these Regulations does not further the purposes or objectives of the Bylaw and these Regulations. 5.0 APPLICABILITY These Stormwater Regulations apply to all activities subject to the Applicability Section of the Stormwater Management & Erosion Control Bylaw, Chapter 160, except as exempted in Section 160-4 (B) or unless the Planning Board or its designated Agent has determined that the provisions of this Bylaw should be waived for the particular activity pursuant to Section 160-9 of the Bylaw. Projects and/or activities not specifically under the currently regulated jurisdiction of any of the Town of North Andover boards, commissions or departments but still within the jurisdiction of the Town of North Andover Stormwater Management & Erosion Control Bylaw are also subject to these regulations. Activities entailing land disturbance or change in surface material (e.g. paving or repaving) of over 43,560 square feet (one acre) must obtain a Land Disturbance Permit from the Planning Board or its designated Agent in accordance with the permit procedures and requirements defined in Section 6.0 of these Regulations. If the area of disturbance is less than 43,560 square feet, but either the project site or the area of land draining to it, (based on existing topography and surface hydrology), are greater than or equal to 43,560 square feet, and if any alteration in the direction, rate, timing, quantity or quality of runoff from the site is proposed a Land Disturbance Permit is also required. For example, if a property owner wants to relocate an existing drainage swale on his property and the upgradient area that flows to the swale is at least 43,560 square feet, a permit will be required. For the purposes of calculating the area of land disturbed or changes in surface materials, the methodology set forth by EPA in the stormwater regulations applicable to the Town of North Andover 40 CFR 122.26(b)(15)(i) will be followed. Specifically, a potential permittee shall apply for a permit if a single construction activity will disturb 43,560 square feet or more of land or will disturb less than 43,560 square feet but is part of a larger common plan or development or sale that would disturb 43,560 square feet or more. A larger common plan of development or 7 sale means a contiguous area where multiple separate and distinct construction activities are planned to occur at different times on different schedules under one plan, e.g., a housing development of five 1/4 acre lots. A single operator with multiple, but separate and distinct, construction activities not part of a larger common plan of development or sale, as defined in this paragraph, need not apply for a permit so long as each distinct construction activity disturbs less than 43,560 square feet of land. 6.0 LAND DISTURBANCE PERMIT PROCEDURES No land owner or land operator shall initiate regulated land disturbance activities without first meeting the requirements of this Bylaw and obtaining a Land Disturbance Permit (LDP) from the Planning Board prior to commencing the proposed activity. Projects requiring a Land Disturbance Permit shall be required to submit the materials as specified in this section, and are required to meet the stormwater management criteria as specified in Section 7.2. 6.1 Applicant The Applicant for a Land Disturbance Permit shall be the owner of record of all of the land shown on any plan submitted for approval to the Planning Board, or any person or persons authorized to submit plans and/or documents on behalf of the owner. The owner shall certify in writing the identity of each Applicant who is authorized to submit plans and/or documents and act on behalf of the owner, including engineers, surveyors, contractors or attorneys, or any person or persons having an equitable interest in the land under an agreement or option to purchase the land. Regardless of whether the Applicant is the owner of the property or an authorized representative, all applications for a Land Disturbance Permit shall include original signatures of all owners. Where the owner is a partnership, trust or corporation, documents must be submitted indicating who has signing authority to enter into agreement on behalf of the partnership, trust or corporation. If the property owner subsequently withdraws consent to the 8 application after the application is filed, the Board may deny the application for this lack of consent of the owner. 6.2 Application Applications for a Land Disturbance Permit shall include the materials as specified in this section and must meet the stormwater management criteria as specified in Section 7.2. The applicant shall file with the Planning Board or its designated Agent, two paper copies plus one digital copy of a completed application package for a Land Disturbance Permit (LDP). Additional copies may be requested by the Planning Board or its designated Agent as needed. The Land Disturbance Permit Application package shall include: a) A completed Application Form with original signatures of all owners (see form in Appendix A; b) If a Public Hearing is required, a list of abutters, certified by the Assessor's Office (abutters at their mailing addresses shown on the most recent applicable tax list of the assessors, including owners of land directly opposite on any public or private street or way, and abutters to the abutters within 300 feet of the property line of the applicant, including any in another municipality or across a body of water); c) Payment of applicable application and review fees in accordance with the current Schedule of Planning Board Filing Fees. d) Stormwater Management Plan (Section 7); e) Erosion and Sediment Control Plan (Section 8 ); f) Operation and Maintenance Plan (Section 9) . 6.3 Completeness of Application Applications shall be reviewed for form and contents in accordance with Section 7.2 of these Regulations. The Planning Staff shall notify the applicant of any deficiencies in the application package within 14 days of receipt. No further action shall be taken on an Application until it is deemed complete. 9 The Planning Board or its designated agent may request additional information as is necessary to enable the Planning Board to determine whether the proposed land disturbance activity will comply with the provisions of the bylaw. The Planning Board or its designated agent has the authority to waive any application requirements if it finds that such information is not needed for a thorough review of an application. 6.4 Distribution Once an Application is deemed complete, Planning Staff shall file one copy of the Application packet with the Town Clerk, and distribute additional copies to the Public Works, Conservation, Building/Zoning and other departments as appropriate. 6.5 Entry The Planning Board or its agent shall have the authority, with prior approval from the property owner, or pursuant to court process, to enter upon privately owned land for the purpose of performing their duties under this Bylaw and its regulations and may make or cause to be made such inspections, surveys or sampling as the Planning Board deems reasonably necessary to determine compliance with the permit. 6.6 Fees Fees shall be payable to the Town of North Andover in the form of a money order, bank or certified check. An Applicant's failure to pay any additional review or inspection fee within five business days of receipt of the notice that further fees are required may be grounds for disapproval of the application. A. Application Fees 10 An Application Fee may be established by the Planning Board to cover expenses connected with the review of the Land Disturbance Permit. The amount of such fees will be listed in the Schedule of Planning Board Filing Fees. B. Independent Consultant Reviews and Fees In addition to the above fees, the Planning Board is authorized to require an applicant to pay a fee for the reasonable costs and expenses for specific expert engineering, environmental site monitoring, and other consultant services deemed necessary by the Planning Board for proper review of an application or to ensure compliance. Such fee shall be held in escrow, to be used to engage independent consultants should the Planning Board determine this to be necessary, based on the characteristics or complexity of the issues raised by the application. Such fee shall be governed and administered in accordance with M.G.L.,c.44, § 53G or § 53E Y2 . If the Planning Board finds that the initial deposit is not sufficient to cover the cost of the independent consultant services, the applicant shall be required to submit forthwith such additional amount as is deemed required by the Planning Board to cover such costs. The Planning Board shall notify the applicant of such additional amount in writing by certified mail. Failure to submit such additional amount as required by the Board within fourteen (14) days of receipt of said notice shall be deemed reason by the Board to deny said application. If the actual cost incurred by the Town for review of said application is less than the amount on deposit as specified above, the Planning Board shall authorize that such excess amount be refunded to the applicant concurrently with final action on said application. In order to minimize costs to the applicant, the Planning Board will accept the findings of any previous outside environmental review of the project conducted for another town board or committee, provided it meets the Board's needs in ensuring proper review of an application and assessing compliance with the Bylaw and Regulations. C. Maintenance Fees for Municipally Operated Systems Any development subject to a Land Disturbance Permit which will require Town inspection, maintenance, ownership or operation of the stormwater system shall be subject to a non- refundable charge based on the cost of implementing an O&M Plan prepared in accordance 11 with DEP standards and any specific conditions of a permit granted under the Bylaw for a 3- year period. The funds for maintenance shall be paid to the Town for disbursement by the Director of Public Works to either the Department of Public Works, or to contracted services. D. Revision of Fee Schedules and Regulations Governing Fees The Planning Board may review and revise its fee schedules periodically as it sees fit. Amendments shall be preceded by a public hearing. The Planning Board or its designated Agent may waive or discount its fees applicable under the Bylaw and these Regulations at its discretion, particularly for minor projects that do not warrant significant additional review. 6.7 Public Hearing Except when issuance of the Land Disturbance Permit has been delegated to the Town Planner, or when the project has already been reviewed by the Conservation or Planning Departments for stormwater effects, the Planning Board will hold a public hearing on the application where comments and questions from the public regarding the application will be addressed. A notice in the local newspaper of a hearing on the Land Disturbance Application and that the Planning Board is accepting comments on the Land Disturbance Application shall be published at the applicant's expense, at least five (5) business days before the hearing date. Copies of the notice shall be mailed, postage prepaid, to the applicant, property owner (if different) and abutters (as listed on the certified abutters list) at least seven (7) business days in advance of the hearing. In addition, the Land Disturbance Application shall be available for inspection by the public during normal business hours at the Town offices. Comments may be submitted to the Planning Board during business hours at the Town offices. Once begun, the public meeting may not continue for more than sixty (60) days unless such time is extended by written agreement between the applicant and the applicant to a date certain announced at the meeting. 12 6.8 Actions The Planning Board or its designated Agent's action on a Land Disturbance Permit Application, rendered in writing, shall consist of either: a) Approval of the Application and issuance of a Land Disturbance Permit if it finds that the proposed plan meets the Standards and Criteria set forth in the Bylaw and these Regulations, will adequately protect water resources, and meets the objectives and requirements set forth in the Bylaw and these Regulations; b) Approval of the Application and issuance of a Land Disturbance Permit with conditions, modifications, requirements for operation and maintenance requirements of permanent structural BMPs, designation of responsible party, or restrictions that the Planning Board or its designated Agent determines are required to ensure that the project plan will adequately protect water resources, and meets the objectives and requirements set forth in the Bylaw and these Regulations; or c) Disapproval of the Application and denial of a Land Disturbance Permit if it finds that the proposed plan, as submitted fails to meet the objectives and requirements of this Bylaw and its Regulations or to adequately protect water resources, as set forth in the Bylaw and these Regulations. If the Planning Board finds that the applicant has submitted insufficient information to describe the site, the work, or the effect of the work on water quality and runoff volume, the Planning Board may also disapprove the application, denying a permit. 6.9 Deadline for Action Failure of the Planning Board or its designated Agent to take final action upon an Application for a Land Disturbance Permit within 60 calendar days of receipt of a complete application shall be deemed to be approval of said application, unless extension of said deadline date is mutually agreed upon in writing by the Reviewing Agent and the applicant. Upon certification by the Town Clerk that the allowed time has passed without Planning Board action, the Planning Board or its designated Agent shall issue a Stormwater Management Permit. 13 If, in the Planning Board's opinion, additional time or information is required for review, the Planning Board by written agreement of the applicant may continue a consideration of the request for permit to a date certain announced at the meeting. 6.10 Appeals A written decision of the Planning Board shall be final when it is executed by the Planning Board or its chair or acting chair and filed in the Town Clerk's office. Further relief of a decision by the Planning Board made under the Bylaw shall be reviewable in the Superior Court or Land Court in accordance with applicable law. Appeal action shall be filed within 60 days of issuance in accordance with M.G.L. Ch 249 § 4. The remedies listed in this Bylaw are not exclusive of any other remedies available under any applicable federal, state or local law. No work shall commence until the applicable appeal period has passed with no appeal or if an appeal has been filed, the appeal has been finally resolved by adjudication or otherwise. Prior to the start of construction, the applicant must obtain written verification from the Town Clerk that no appeals of the Planning Board's decision are pending. 6.11 Project Delay Should a land-disturbing activity associated with an approved plan in accordance with this Section not begin within 12 months following permit issuance, the Planning Board may re- evaluate the approved stormwater management plan to determine whether the plan still satisfies local program requirements and to verify that all design factors are still valid. If the Board finds the previously filed plan to be inadequate, a modified plan shall be submitted and approved prior to the commencement of land-disturbing activities All activity, exclusive of maintenance required in perpetuity, permitted by the Land Disturbance Permit must be completed within two years of permit issuance. Extensions of time can be granted by the Planning Board upon formal written request by the applicant, made at least 30 days prior to expiration of the permit. 6.12 Plan Changes 14 The Applicant/permittee, or the Applicant's agent, must notify the Planning Board or its designated agent in writing of any change or alteration in a permitted activity before such change or alteration occurs. Modifications resulting in grade changes less than one (1) foot may be considered minor and may be granted by the Planning Board's designated agent. If the Planning Board or its designated agent determines that the change or alteration is significant, based on the design criteria in these Regulations, the Planning Board may require that an amended application or a new application (including applicable fees unless waived by the Planning Board) be filed. If any change or alteration from the Land Disturbance Permit occurs during land disturbing activities, including significant changes in schedule, the Planning Board or its designated agent may require the installation of interim erosion and sedimentation control measures before considering the change or alteration. 6.13 Project Completion The Planning Board will issue a Certificate of Completion upon receipt and approval of final reports and documentation as outlined in Section 12.0 of these Regulations and/or upon otherwise determining that all work of the permit has been satisfactorily completed in accordance with the Bylaw. The Certificate of Completion shall be recorded at the Essex North District Registry of Deeds (or Registry of District of the Land Court, if registered land) at the applicant's expense and proof of recording provided to the Planning Board. 7.0 STORMWATER MANAGEMENT PLAN An application for a Land Disturbance Permit shall include the submittal of a Stormwater Management Plan (SMP) to the Planning Board. The Stormwater Management Plan shall contain sufficient information for the Planning Board to evaluate the environmental impact, effectiveness and acceptability of the measures proposed by the applicant for reducing adverse impacts from stormwater runoff, and to assess compliance with these Regulations. The Stormwater Management Plan shall be designed to meet the most recent version of the Massachusetts Stormwater Standards and additional criteria established in Section 7.2 of these 15 Regulations, and must be submitted with the stamp and signature of a Professional Engineer (PE) licensed to conduct such work in the Commonwealth of Massachusetts. The engineer shall certify that the plan complies with all the requirements of the Town of North Andover Stormwater Management & Erosion Control Bylaw and these Regulations, except as noted. Failure to have these certifications shall result in denial of the application. 7.1 Stormwater Management Plan Contents The Stormwater Management Plan shall fully describe the project in drawings, narrative, and calculations. It shall include: a) Contact Information. The name, address, and telephone number of all persons having a legal interest in the property and the tax reference number and parcel number of the property or properties affected; b) A brief narrative description of the project, including how and where stormwater is to be controlled; c) A locus map; d) Location and names of all abutters as they appear on the most recent tax list(s) including those in adjacent communities; e) The size of the entire parcel, each drainage area on or to the parcel, and the delineation and number of square feet of the land area subject to disturbance; f) The existing zoning and land use at the site and abutting properties; g) The proposed land use; h) Surveyed property lines showing distances and monument locations, all existing and proposed easements, rights-of-way, utilities and other encumbrances; i) Lines of existing abutting streets showing drainage and driveway locations and curb cuts; j) Existing and proposed topography on the site, at two foot (2') intervals, with areas of steep slopes between 15 and 25 percent, and over 25 percent specifically delineated, and with spot elevations provided when needed. Existing topography fifty feet (50') beyond the perimeter of the parcel as it appears on the most current Town of North Andover topographic mapping shall also be shown; k) Location, delineation and description (including pertinent hydrology and water quality) of all existing and proposed watercourses, water bodies, and Wetland Resource Areas on or entering the site, or adjacent to the site, or into which stormwater from the site flows, collects or percolates. 1) Wetland Resource Areas shall include those protected under the Massachusetts Wetlands Protection Act (MGL CH 131, Sec 40) and/or the Town of North Andover Wetlands Protection Bylaw (Chapter 178); 16 The location of the 100-year flood boundary on or within one hundred feet (100') of the project site, based upon the most recent Flood Insurance Rate Map (FIRM) or as calculated by a professional engineer for areas not assessed on these maps, m) Location, delineation and description of habitats mapped by the Massachusetts Natural Heritage & Endangered Species Program as Endangered, Threatened or of Special Concern, Estimated Habitats of Rare Wildlife and Certified Vernal Pools, Potential Vernal Pools, and Priority Habitats of Rare Species within five hundred (500) feet of any proposed area of disturbance; n) The general outline of existing vegetation, wooded areas, significant trees, unique species and tree clusters and the extent of all vegetation, wooded areas, significant mature trees, unique species and/or tree clusters to be removed; o) Locations of existing and proposed wells and septic systems on or within 100 feet of the site; p) A drainage area map showing pre and post construction watersheds, subwatersheds and stormwater flow paths, including municipal drainage system flows; q) A description of existing soils on the site (type, hydrologic soil group, erodibility), and the volume and nature of any imported soil materials; r) Estimated seasonal high groundwater elevation in areas to be used for stormwater retention, detention, or infiltration, and the basis for determination; s) Proposed improvements, including locations of buildings or other structures, impervious surfaces, and drainage facilities; t) A description and drawings of all components of the proposed stormwater management system including: i. Locations, cross sections, and profiles of all brooks, streams, drainage swales and their method of stabilization; ii. All measures for the detention, retention or infiltration of water; iii. All measures for the protection of water quality; iv. The structural details for all components of the proposed drainage systems and stormwater management facilities; V. Notes on drawings specifying materials to be used, construction specifications, and typical details. u) Hydrologic and hydraulic design calculations for the pre-development and post- development conditions for the design storms specified in this Regulation. Such calculations shall be conducted in accordance with the most recent version of the Massachusetts Stormwater Handbook and the criteria set forth in Section 7.2 and shall include: i. Description of the design storm frequency, intensity and duration; 17 ii. Time of concentration; iii. Soil Runoff Curve Number (RCN) based on land use and soil hydrologic group; iv. Peak runoff rates and total runoff volumes for each watershed and subwatershed area under existing and proposed conditions; V. Infiltration rates, where applicable-,, vi. Culvert capacities vii. Flow velocities; viii. Documentation of sources for all computation methods and field test results. v) Post-Development downstream analysis, if deemed necessary by the Planning Board; Site plans included with the Stormwater Management Plan shall be prepared on 24x 36 inch sheets and shall include a title, date, north arrow, names of abutters, scale (1"=20' or 1"=40'), legend, and locus map (1"=800'). Revised plans shall contain a notation listing and describing all revisions, additions, and deletions made to the originally submitted plans and the date of each. 7.2 Design and Performance Criteria At a minimum all projects subject to a Land Disturbance Permit shall comply with the criteria, specifications, and performance standards of the most recent version of Massachusetts Stormwater Management Standards and accompanying Stormwater Management Handbook, as well the criteria contained herein. The following general performance criteria shall be applicable to all stormwater management plans, unless otherwise provided for in this Regulation: A. Low Impact Design (LID) a) The design of the project shall, to the maximum extent feasible, employ environmentally sensitive site design as outlined in the most recent version of the Massachusetts Stormwater Management handbook and shall attempt to reproduce natural hydrologic conditions with respect to ground and surface waters. b) Evaluation of Low Impact Development practices is required and implementation of such practices to the maximum extent practicable is encouraged. Guidance on these practices is provided in the Massachusetts Stormwater Management Handbook. 18 c) In order to conserve potable water supplies and maximize recharge, it may be appropriate on some sites to store and reuse clean runoff (e.g. from roofs) for reuse on the site for irrigation or other graywater purposes. This can be accomplished through the use of cisterns and rain barrels. Where appropriate, a water budget may be required to be prepared to determine applicability. B. Hydrologic and Hydraulic Criteria a) Hydrologic analyses using TR-55/TR-20 methodology shall be performed on the entire project site and include any off site areas that drain to or through the project site. b) The analyses shall be analyzed for the 2, 10, 25 and 100-year design storms under pre- development and post-development conditions. In addition, analyses shall be analyzed for the 1 inch storm for those areas that are defined as `critical areas', in the Massachusetts Stormwater Handbook; otherwise, the analyses shall be performed for the Y2 inch storm. The 24-hour rainfall amounts for the 2, 10, 25 and 100 year storms are to be based on the Northeast Regional Climate Center (NRCC) "Atlas of Precipitation Extremes for the Northeastern United States and Southeastern Canada" or more recent NRCC data as it is developed. For North Andover, the 24 hr rainfall amounts are as follows (rounded to the nearest one-tenth of an inch): 2-yr, 24 hr event= 3.2 inches 10-yr, 24 hr event =4.8 inches 25-yr, 24 hr event = 6.0 inches 100-yr, 24 hr event = 8.6 inches The total volumes should be used with a Type III SCS/NRCS synthetic rainfall distribution, or rainfall distribution based on local precipitation frequency data. c) The post-development peak discharge rate shall be equal to or less than the pre- development peak discharge rate (based on a 2-year, 10-year, 25-year, and 100-year, 24-hour storm. d) Hydrologic analyses are to be performed on a pre and post sub-watershed basis with designated control points at each location where runoff leaves the site or enters a water body. e) The same land area shall be used in the analysis to facilitate comparison of existing and proposed conditions. f) The total volume of discharge as well as peak rate shall be evaluated at each control point. g) The site shall be designed to ensure that all runoff from the site up to the 100 year storm enters the flow control structure(s). For example, the drainage system may only be sized 19 to handle a 25-year storm, with larger storms flooding the distribution system and traveling overland. This overland flow, or overflow, must be directed into the peak flow control structure(s); h) Any site that was wooded within the last five years must be considered undisturbed woods for all pre-construction runoff conditions, regardless of clearing or cutting activities that may have occurred on the site during that pre-application period; i) For purposes of computing runoff, all pervious lands on the site shall be assumed prior to development to be in good condition regardless of conditions existing at the time of computation. j) Off-site areas should be modeled as "present land use condition" in good hydrologic condition. k) The length of overland sheet flow used in time of concentration (tc) calculations shall be limited to no more than 50 feet for pre- and post-development conditions. 1) Detention time for the one-inch storm is defined as the center of mass of the inflow hydrograph and the center of mass of the outflow hydrograph. C. Recharge a) Annual groundwater recharge rates shall be maintained, by promoting infiltration through the use of structural and non-structural methods. At a minimum, annual recharge from the post development site shall mimic the annual recharge from the pre-development site condition. b) The stormwater runoff volume to be recharged to groundwater should be determined using the methods prescribed in the latest version of the Massachusetts Stormwater Management Handbook. c) The recharge volume criteria do not apply to any portion of a site designated as a stormwater hotspot. Hotspots are defined as sites with higher potential pollutant loads, based on the Massachusetts Stormwater Management Handbook. d) The Planning Board may alter or eliminate the recharge volume requirement if the site is situated on unsuitable soils (i.e., marine clays), karst or in an urban redevelopment area. In this situation, non-structural practices (filter strips that treat rooftop or parking lot runoff, sheet flow discharge to stream buffers, and grass channels that treat roadway runoff) should be implemented to the maximum extent practicable and the remaining or untreated volume included in the water quality volume. D. Water Quality 20 a) The Stormwater Management Plan shall incorporate source controls of contaminants and employ Best Management Practices (BMPs) to minimize stormwater pollution. b) The water quality volume for sizing of water quality best management practices (BMPs) shall be based on 1/2-inch of runoff from the tributary area and, in all cases, shall be consistent with the latest version of the Massachusetts Stormwater Standards, including standards for critical environmental areas. Zones A and B of Lake Cochichewick are considered critical areas. c) All water quality BMPs shall be selected and designed using the appropriate criteria from the most recent version of the Massachusetts DEP Stormwater Management Manual. d) For other water quality BMPs not included in the Massachusetts Stormwater Management Manual, or for which pollutant removal rates have not been provided, the effectiveness and pollutant removal of the structural control must be documented through prior studies, literature reviews, or other means and receive approval from the Planning Board before being included in the design of a stormwater management system. e) For projects within the Lake Cochechiwick and Shawsheen River watershed areas, suitable water quality BMPs must be selected in consideration of the sensitivity and/or impaired status of the receiving water body. f) Adequate access shall be provided to all water quality BMPs for inspection and maintenance. g) The perimeter of all surface basins shall be curvilinear so that from most edges of the basin, the whole basin will not be in view. A more traditionally shaped (oval or rectangular) basin may be permitted when conditions such as topography, parcel size, or other site conditions warrant. Basins shall follow natural landforms to the greatest extent possible or be shaped to mimic a naturally formed depression. h) Inlets and outlets of surface basins shall be placed to maximize the flow path through the facility. At a minimum, the flow path shall be twice as long as wide. Baffles, pond shaping or islands can be added within the permanent pool to increase the flow path. If there are multiple inlets, the length-to-width ratio shall be based on the average flow path length for all inlets. i) Low flow outlets shall be designed to prevent clogging. E. Redevelopment a) Projects involving redevelopment of existing sites shall be designed in accordance with the redevelopment checklist provided in the latest Massachusetts Stormwater Handbook. 21 b) All redevelopment projects must provide a net improvement to stormwater conditions at the site, either in the area of disturbance or to other areas on the site. The Planning Board may require improvements to areas outside of disturbance activity where known problems exist and reasonable solutions are available. Such opportunities might include: i. Reduce impervious surfaces ii. Implement source controls of potential stormwater pollutants on the entire site iii. Reroute drainage to maximize treatment efficiencies iv. Segregate roof runoff for direct infiltration or capture and re-use. V. Update Operation and Maintenance plans and procedures for the entire site F. Landscape Design a) Landscape designs shall be developed based on soil, light and other site specific conditions. Plant species shall be chosen for their ability to thrive in the post- development soil, water and use conditions of the site without significant supplemental water or fertilizer, once established. b) Plant species shall be native to inland Essex County or shall be cultivars of these native species. c) Wildflower meadows and shrubs are advisable to reduce the amount of lawn or turf on a site. d) For landscape areas adjacent to roadways, salt tolerant plans shall be used. e) Irrigation shall be provided by the use of a rain water harvesting system to the extent feasible. 8.0 EROSION AND SEDIMENT CONTROL PLAN An Erosion and Sediment Control Plan is required at the time of application for all projects, unless the requirement has been waived. Plan approval by the Planning Board or its Agent is required prior to any site altering activity. The plan shall be designed to ensure compliance with the Permit, these Regulations, and if applicable, the NPDES General Permit for Storm Water Discharges from Construction Activities. In addition, the plan shall ensure that the Massachusetts Surface Water Quality Standards (314 CMR 4.00) are met in all seasons. If a project requires a Stormwater Pollution Prevention Plan (SWPPP) per the NPDES General Permit for Storm Water Discharges from Construction Activities, then the Applicant is required 22 to submit a complete copy of the SWPPP (including the signed Notice of Intent and approval letter) as part of its application for a LDP. If the SWPPP meets the requirements of the NPDES General Permit, it will be considered equivalent to the Erosion and Sediment Control Plan described in this Section. 8.1 Erosion and Sediment Control Plan Contents The Erosion and Sediment Control Plan shall contain sufficient information to describe the nature and purpose of the proposed development, pertinent conditions of the site and the adjacent areas, and proposed erosion and sedimentation controls. The applicant shall submit such material as is necessary to show that the proposed development will comply with the design criteria listed in Section 8.2. For larger developments where construction phasing occurs, the Erosion and Sediment Control Plan shall be updated as needed based on changing conditions at the site. The Erosion and Sediment Control Plan shall include, at a minimum: a) A general location map (e.g., USGS quadrangle map, a portion of a city or county map, or other map) with enough detail to identify the location of the construction site and waters of the United States within one mile of the site. b) A legible site map, showing the entire site, identifying at a minimum: i. Limits of clearing and grading; ii. Locations and methods of all proposed erosion/sedimentation measures and BMPs, including key dimensions and other important details; iii. Detailed drawings and types of both temporary and permanent erosion and sediment control structures; iv. The location of critical areas on the site (areas that have potential for serious erosion problems.) v. Path and mechanism to divert uncontaminated water around disturbed areas, to the maximum extent practicable. vi. Location of temporary and permanent seeding, vegetative controls, and other temporary and final stabilization measures. vii. Locations for storage of materials, waste, vehicles, equipment, soil, snow and other potential pollutants; 23 viii. Locations where stormwater discharges to a surface water (include all roads, drains and other structures that could carry stormwater to a wetland or other water body, on or offsite); and ix. Locations of any proposed dewatering facilities. c) Description of the following in narrative, calculations or drawings, as appropriate: i. All pollution control measures (structural and non-structural BMPs) that will be implemented as part of the construction activity to control pollutants in storm water discharges. Appropriate control measures must be identified for each major construction activity and the operator responsible for the implementation of each control measure must also be identified; ii. The intended sequence and timing of development including clearing, stripping, rough grading, construction, final grading, and vegetative stabilization, and the general sequence during the construction process in which the erosion and sediment control measures will be implemented; iii. Structural practices to divert flows from exposed soils, retain/detain flows or otherwise limit runoff and the discharge of pollutants from exposed areas of the site; iv. Interim and permanent stabilization practices for the site, including a schedule of when the practices will be implemented; v. A maintenance schedule for the period of construction; vi. Construction and waste materials expected to be stored on-site with updates as appropriate, including descriptions of controls, and storage practices to minimize exposure of the materials to stormwater, and spill prevention and response practices; vii. Measures to minimize, to the extent practicable, off-site vehicle tracking of sediments onto paved surfaces and the generation of dust; viii. Proposed dewatering operations including proposed locations of discharge; ix. Description of and implementation schedule for temporary and permanent seeding, vegetative controls, and other temporary and final stabilization measures; and X Measures used to maintain the infiltration capacity of existing soils where any kind of infiltration is proposed. 8.2 Erosion and Sediment Control Criteria 24 The Erosion and Sediment Control Plan shall be designed to meet the following criteria and guidelines. a) Minimize total area of disturbance and minimize unnecessary clearing and grading from all construction sites. Clearing and grading shall only be performed within areas needed to build the project, including structures, utilities, roads, recreational amenities, post- construction stormwater management facilities, and related infrastructure. b) Keep stormwater runoff velocities low. The removal of existing vegetative cover during development and the resulting increase in impermeable surface area after development will increase both the volume and velocity of runoff. These increases must be taken into account when providing for erosion control. c) Protect disturbed areas from stormwater runoff. Best management practices can be utilized to prevent water from entering and running over the disturbed area. Diversions and other control practices intercept runoff from higher watershed areas, store or divert it away from vulnerable areas, and direct it toward stabilized outlets. d) Placement of structural practices in floodplains must be avoided to the degree practicable. e) Site plans should ensure that existing vegetation is preserved where possible and that disturbed portions of the site are stabilized. Use of impervious surfaces for stabilization should be avoided. f) Prior to any land disturbance activities commencing on the site, the developer shall physically mark limits of no land disturbance on the site with tape, signs, or orange construction fence, so that workers can see the areas to be protected. The physical markers shall be inspected daily. g) Appropriate erosion and sediment control measures shall be installed prior to disturbance and maintained in accordance with the manufacturer's specifications and good engineering practices to ensure they perform as intended. Sediment in runoff water shall be trapped and retained within the project area. Wetland areas and surface waters shall be protected from sediment. h) Erosion and Sediment Control measures used shall be chosen based on the goal of minimizing site disturbance from installation of such measures. i) Sediment trapping and settling devices shall be employed to trap and/or retain suspended sediments and allow time for them to settle out in cases where perimeter sediment controls (e.g., silt fence and hay bales) are deemed to be ineffective in trapping suspended sediments on-site. Sediment basins shall also be used to minimize peak rate of runoff in accordance with the Massachusetts Stormwater Standards. j) BMPs to be used for infiltration after construction shall not be used as BMPs during construction unless otherwise approved by the Board. Many infiltration technologies are not designed to handle the high concentrations of sediments typically found in 25 construction runoff, and thus must be protected from construction related sediment loadings. k) Sediment shall be removed once the volume reaches % to 'h the height of a hay bale. Sediment shall be removed from silt fence prior to reaching the load-bearing capacity of the silt fence which may be lower than % to Y2 the height. 1) Sediment from sediment traps or sedimentation ponds shall be removed when it reaches a depth of six inches. m) On and off-site material storage areas, including construction and waste materials, shall be properly protected and managed. n) Erosion and sediment controls shall be coordinated with the sequence of grading, development and construction operations; control measures shall be in effect prior to commencement of each increment/phase of the process and control measures from prior phases shall continue to be maintained until the site is stabilized; o) Land disturbance activities exceeding two acres in size shall not be disturbed without a sequencing plan that requires stormwater controls to be installed and the soil stabilized, as disturbance beyond the two acres continues. Mass clearings and grading of the entire site should be avoided. Prior to any construction on the site, applicant shall submit a construction phasing plan to the Planning Department for review and approval. p) Soil and other materials shall not be stockpiled or redistributed, either temporarily or permanently, in locations or in such a manner as would cause suffocation of tree root systems; q) Topsoil shall be stripped from disturbed areas, stockpiled in approved areas and stabilized with temporary vegetative cover if it is to be left for more than thirty (30) calendar days; perimeter sediment controls shall be installed around each area of stockpiled topsoil. r) Soil stockpiles must be stabilized or covered at the end of each workday. Stockpile side slopes shall not be greater than 2:1. All stockpiles shall be surrounded by sediment controls. s) Projects must comply with applicable Federal, State and local laws and regulations including waste disposal, sanitary sewer or septic system regulations, and air quality requirements, including dust and debris control. t) A tracking pad shall be constructed at all entrance/exist points of the site to reduce the amount of soil carried onto roadways and off the site. u) Dust shall be controlled at the site. v) On the cut side of roads, ditches shall be stabilized immediately with rock rip-rap or other non-erodible liners, or where appropriate, vegetative measures such as sod. 26 w) All graded areas beyond the Street Right-of-Way shall be covered with four (4") inches of topsoil and planted with a native species of vegetative cover, sufficient to prevent erosion; x) Temporary seeding, mulching or other suitable stabilization methods shall be used to protect exposed soil areas during construction; as feasible, natural vegetation shall be retained and protected; during the months of October through March, when seeding may be impractical, an anchored mulch or sod shall be applied as approved by the Planning Board or by its Designee; diversions and/or prepared outlets may be required in critical areas during construction. y) Permanent seeding shall be undertaken in the spring from March through May, and in late summer and early fall from August to October 15. During the peak summer months and in the fall after October 15, when seeding is found to be impractical, appropriate temporary mulch shall be applied. Permanent seeding may be undertaken during the summer if plans provide for adequate mulching and watering. z) Permanent vegetation and erosion control structures, as necessary, shall be installed preferably immediately after construction is completed but otherwise no later than the first full spring season immediately thereafter; they shall comply with the erosion and sedimentation vegetative practices recommended by the U.S. Soil Conservation Service; aa)Native species shall be used for re-vegetation; bb)Slopes (greater than 3:1) shall be protected from erosion by limiting clearing of these areas in the first place or, where grading is unavoidable, by providing special techniques to prevent upland runoff from flowing down a steep slope and through immediate stabilization to prevent gullying. Offsite runoff shall be diverted from highly erodible soils and steep slopes to stable areas. cc) Interim and permanent stabilization measures shall be instituted on a disturbed area immediately after construction activity has temporarily or permanently ceased on that portion of the site. Two methods are available for stabilizing disturbed areas: mechanical (or structural) methods and vegetative methods. In some cases, both are combined in order to retard erosion. dd)Temporary sediment trapping devices must not be removed until permanent stabilization is established in all contributory drainage areas. Similarly, stabilization shall be established prior to converting sediment traps/basins into permanent (post-construction) stormwater management facilities. All facilities used as temporary measures shall be cleaned prior to being put into final operation. ee)AII temporary erosion and sediment control measures shall be removed after final site stabilization. Disturbed soil areas resulting from the removal of temporary measures shall be permanently stabilized within 30 days of removal. 27 9.0 OPERATION AND MAINTENANCE PLAN An Operation and Maintenance Plan (O&M Plan) for the permanent storm water management system is required at the time of application for all projects. The O&M Plan shall be designed to ensure compliance with these Regulations, the Massachusetts Stormwater Management Standards, and the Massachusetts Surface Water Quality Standards contained in 314 CMR 4.00 in all seasons and throughout the life of the system. Once approved by the Planning Board, the Operation and Maintenance Plan shall remain on file with the Planning Board and shall be an ongoing requirement. Depending on the complexity of the systems installed, the Planning Board may require that the O&M Plan be recorded at the Essex North Registry of Deeds by the Planning Board or its agent at the expense of the current owner(s). 9.1 O&M Plan Contents a) The Operation and Maintenance Plan shall be a stand-alone document prepared by a Massachusetts licensed Professional Engineer and shall include- i. The name(s) of the owner(s) for all components of the system. ii. The signature(s) of the property owner(s). iii. The names and addresses of the person(s) responsible for operation and maintenance. If responsibility is to be contracted to a third party, a copy of the maintenance agreement(s) must be provided. iv. A plan or map showing the location of the systems and facilities including easements, catch basins, manholes/access lids, main, and stormwater devices. v. An Inspection and Maintenance Schedule for all stormwater management facilities including routine and non-routine maintenance tasks to be performed. vi. A list of easements with the purpose and location of each. Easements shall be recorded with the Essex North Registry of Deeds prior to issuance of a Certificate of Completion by the Planning Board. vii. Provisions for the Planning Board or its designee to enter the property at reasonable times and in a reasonable manner for the purpose of inspection. b) Stormwater management easements shall be provided by the property owner(s) as necessary for: i. Access for facility inspections and maintenance; ii. Preservation of stormwater runoff conveyance, infiltration, and detention areas and facilities, including flood routes for the 100-year storm event; 28 iii. Direct maintenance access by heavy equipment to structures requiring regular maintenance. c) The O&M Plan shall apply to the entire project site, not just area the disturbance area. d) At a minimum, inspections shall occur during the first year of operation and in accordance with the operation and maintenance plan in the approved Land Disturbance Permit. e) The owner of the property shall maintain a log of all operation and maintenance activities, including without limitation, inspections, repairs, replacement and disposal (for disposal, the log shall indicate the type of material and the disposal location). This log shall be made available to the Planning Board upon request. f) Inspection reports for stormwater management systems shall include: i. The date of inspection; ii. Name of inspector; iii. The condition of each BMP, including components such as: iv. Pretreatment devices v. Vegetation or filter media vi. Fences or other safety devices vii. Spillways, valves, or other control structures viii.Embankments, slopes, and safety benches ix. Reservoir or treatment areas x. Inlet and outlet channels and structures xi. Underground drainage xii. Sediment and debris accumulation in storage and forebay areas (including catch basins) xiii.Any nonstructural practices xiv.Any other item that could affect the proper function of the stormwater management system xv. Description of the need for maintenance; 9.2 Changes to Operation and Maintenance Plans The owner(s) of the stormwater management system must notify the Planning Board or its Agent of changes in ownership or assignment of financial responsibility. The maintenance schedule in the O&M Plan may be amended to achieve the purposes of this Stormwater Management and Erosion Control Bylaw and Regulations by mutual agreement of the Planning Board and the Responsible Parties. Amendments must be in writing and signed 29 by all Responsible Parties. Responsible Parties shall include owner(s), persons with financial responsibility, and persons with operational responsibility. 9.3 Operations & Maintenance Records Parties responsible for the operation and maintenance of a stormwater management facility shall provide records of all maintenance and repairs to the Planning Board upon request. Parties responsible for the operation and maintenance of a stormwater management facility shall make records of the installation and of all maintenance and repairs, and shall retain the records for at least five (5) years. These records shall be made available to the Planning Board during inspection of the facility and at other reasonable times upon request. If a responsible person fails or refuses to meet the requirements of the O&M Plan, the Planning Board, after thirty (30) days written notice (except, that in the event the violation constitutes an immediate danger to public health or public safety, 24 hours notice shall be sufficient), may correct a violation of the design standards or maintenance requirements by performing the necessary work to place the facility or practice in proper working condition. The Planning Board may assess the owner(s) of the facility for the cost of repair work, which shall be a lien on the property. 10.0 INSPECTIONS AND SITE SUPERVISION 10.1 Preconstruction Meeting Prior to clearing, excavation, construction, or any land disturbing activity requiring a permit, the applicant, the applicant's technical representative, the general contractor, pertinent subcontractors, and any person with authority to make changes to the project, shall meet with the Planning Board's representative to review the permitted plans and proposed implementation. 10.2 Notice of Construction Commencement 30 The applicant must notify the Planning Board two (2) business days prior to the commencement of construction. In addition, the applicant must notify the Planning Board two (2) days prior to construction of critical components of any stormwater management facility. One copy of the permit plans and conditions of approval signed by the Planning Board shall be maintained at the site during the progress of the work. If applicable, a copy of the NPDES Construction General Permit and Stormwater Pollution Prevention Plan (if applicable) shall also be kept on site. 10.3 Erosion and Sediment Control Inspections To ensure that erosion control practices are in accord with the approved Erosion and Sediment Control Plan, Erosion Control Inspections shall be conducted by the Applicant/Permittee or an authorized representative at least once every 14 calendar days and within 24 hours of the end of a storm event of 0.5 inches or greater, from the start of construction until the site is permanently stabilized. Inspection frequency may be reduced to at least once a month if the site is temporarily stabilized, runoff is unlikely due to winter conditions (e.g., site is covered with snow, ice, or the ground is frozen), or if construction is occurring during seasonal dry periods. The Applicant is required to notify the Planning Board of any change in inspection frequency, including termination of inspections due to site stabilization. As a condition of approval, the Planning Board may require an Environmental Site Monitor, approved by the Planning Board, be retained by the applicant to conduct such inspections and prepare and submit such reports to the Planning Board. Representatives or agents of the Planning Board may also make periodic inspections of the site to evaluate the adequacy of erosion and sediment controls. Inspections by the Applicant or an authorized representative must include all areas of the site disturbed by construction activity and areas used for storage of materials that are exposed to precipitation. Inspectors must look for evidence of, or the potential for, pollutants entering the storm water conveyance system. Sedimentation and erosion control measures identified in the Erosion and Sediment Control Plan must be observed to ensure proper operation. Discharge locations must be inspected to ascertain whether erosion control measures are effective in preventing significant impacts to waters of the United States, where accessible. Where discharge locations are inaccessible, nearby downstream locations must be inspected to the extent that such inspections are practicable. Locations where vehicles enter or exit the site must be inspected for evidence of off-site sediment tracking. 31 For each inspection required by the Planning Board, an inspection form must be completed by the Applicant or an authorized representative with the following information, at a minimum: a) The inspection date; b) Names, titles, and qualifications of personnel making the inspection; c) Weather information and a description of any discharges occurring at the time of the inspection; d) Weather information for the period since the last inspection (or since commencement of construction activity if the first inspection) including a best estimate of the beginning of each storm event, duration of each storm event, approximate amount of rainfall for each storm event (in inches), and whether any discharges occurred; e) Location(s) of discharges of sediment or other pollutants from the site; f) Location(s) of BMPs that need to be maintained; g) Location(s) of BMPs that failed to operate as designed or proved inadequate for a particular location; h) Location(s) where additional BMPs are needed that did not exist at the time of inspection; i) Photographs documenting site conditions at the time of inspection and j) Corrective action required including any changes to the SWPPP necessary and implementation dates. If a project requires a Stormwater Pollution Prevention Plan (SWPPP) per the NPDES General Permit for Storm Water Discharges from Construction Activities (Construction General Permit), then the permittee is required to submit all Inspection Reports to the Planning Board or its designated Reviewing Agent upon request. If the Inspection Reports meet the requirements of the Construction General Permit, it will be considered equivalent to the Erosion Control Inspection as described above. A record of each inspection and of any actions taken must be retained for at least three (3) years from the date of completion of the project. The inspection reports must identify any incidents of non-compliance with the permit conditions. Where a report does not identify any incidents of non-compliance, the report must contain a certification that the construction project or site is in compliance with this permit. All erosion and sediment control measures and other protective measures identified in the Erosion and Sediment Control Plan must be maintained in effective operating condition. If site inspections identify BMPs that are not operating effectively, maintenance must be performed as 32 soon as possible and before the next storm event whenever practicable to maintain the continued effectiveness of storm water controls. 10.4 Construction Inspections The Planning Board may require periodic inspections of the stormwater management system construction by a professional engineer or other qualified personnel to ensure compliance with the conditions of the LDP, or the overall effectiveness and functioning of the system. All such inspections shall be documented and written reports prepared that contain the following information: a) The date and location of the inspection; b) Names, titles, and qualifications of personnel making the inspection; c) Whether construction is in compliance with the approved stormwater management plan; d) Variations from the approved construction specifications; e) Photographs documenting site conditions at the time of inspection and f) Any other variations or violations of the conditions of the approved stormwater management plan. If at any time during construction the Planning Board or its designated Reviewing Agent determines that there is a failure to comply with the plan, the property owner shall be notified in writing of the nature of the violation and the required corrective actions. A Stop Work Order shall be issued until any violations are corrected and all work previously completed has received approval by the Planning Board or its designated Agent. 11.0 SURETY 11.1 Stormwater Completion Surety The Permitting Authority may require the permittee to post before the start of land disturbance activity, a surety bond, or other acceptable security. The form of the bond shall be approved by the Permitting Authority, and be in an amount deemed sufficient by the Permitting Authority to insure that the work will be completed in accordance with the permit. 33 If the project is phased, the Permitting Authority may release part of the bond as each phase is completed in compliance with the permit but the bond may not be fully released until the Permitting Authority has issued a certificate of completion. 11.2 Stormwater Maintenance Surety The Planning Board may also require the Applicant to secure the future maintenance of the stormwater system by a cash bond of an amount as determined by the Planning Board. In the event that the Applicant does not follow maintenance procedures and programs as approved by the Planning Board, the Board shall have the authority to expend any portion of said security to provide such maintenance for up to five (5) years after completion of the project. 12.0 CERTIFICATE OF COMPLETION Upon completion of the project, the Applicant shall submit the following material to the Planning Board demonstrating that the completed project is in accordance with the approved plans and specifications: a) Certification by a Registered Professional Engineer that the systems have been installed and are functioning according to the approved plan. b) As-built plan, stamped by a Registered Professional Engineer or Land Surveyor, to include the following information: i. Limit of work ii. Post-construction topography iii. Finished grades of all structures iv. Invert elevations of all stormwater structures v. All structures, pavement, utilities vi. Off-site alterations vii. Deviations from the approved plan shall be noted and explanation for the deviation provided c) Electronic copy of the as-built plan d) Documentation of compliance with all permit conditions e) Maintenance surety has been submitted f) All Inspection reports required during construction have been submitted 34 g) Final Operation & Maintenance Plan submitted h) Maintenance contracts in place i) Land Disturbance Permit has been recorded at Registry of Deeds The Planning Board's designated Agent shall inspect the system to confirm its "as-built" features. If the system is found to be inadequate by virtue of physical evidence of operational defect and/or failure, even though it was built as called for in the Stormwater Management Plan, it shall be corrected by the applicant before the Certificate of Completion is released. If the applicant fails to act the Planning Board or its designated Agent may use the surety bond to complete the work. Upon receipt and approval of the final inspection and reports and/or upon otherwise determining that all work of the permit has been satisfactorily completed in conformance with this Regulation, the Planning Board shall issue a letter certifying completion in conformance with this Regulation. 13.0 ENFORCEMENT Enforcement powers of the Planning Board are granted in the Stormwater Management and Erosion Control Bylaw, Section 160-10. The Planning Board or its designated Agent shall enforce the Bylaw, Regulations, orders, violation notices, and enforcement orders, and may pursue all civil, criminal and non-criminal remedies for such violations. 13.1 Notices and Orders The Planning Board or an authorized agent of the Planning Board may issue a written notice of violation or enforcement order to enforce the provisions of the Bylaw or the Regulations there under, which may include requirements to: a) Cease and desist from construction or land disturbing activity until there is compliance with the Bylaw and the Stormwater Management Permit; b) Repair, maintain; or replace the stormwater management system or portions thereof in accordance with the operation and maintenance plan; c) Perform monitoring, analyses, and reporting; 35 d) Fix adverse impact resulting directly or indirectly from malfunction of the stormwater management system. If the Planning Board or an authorized agent of the Planning Board determines that abatement or remediation of adverse impacts is required, the order may set forth a deadline by which such abatement or remediation must be completed. 13.2 Fines Any person who violates any provision of the Town of North Andover Stormwater Management and Land Disturbance Bylaw, or Regulations, order or permit issued there under, may be ordered to correct the violation and/or shall be punished by a fine of not more than $300. Each day or part thereof that such violation occurs or continues shall constitute a separate offense. 13.3 Non-Criminal Disposition As an alternative to criminal prosecution or civil action, the Town of North Andover may elect to utilize the non-criminal disposition procedure set forth in G.L. Ch. 40, §21 D. The penalty for the 1 st violation shall be $200. The penalty for the 2nd violation shall be $500. The penalty for the 3rd and subsequent violations shall be $1000. Each day or part thereof that such violation occurs or continues shall constitute a separate offense. 13.4 Remedies Not Exclusive The remedies listed in the Bylaw and these Regulations are not exclusive of any other remedies available under any applicable federal, state or local law. 14.0 SEVERABILITY The invalidity of any section, provision, paragraph, sentence, or clause of these Regulations shall not invalidate any other section, provision, paragraph, sentence, or clause thereof, nor shall it invalidate any permit or determination that previously has been issued. 36 APPENDIX A - DEFINITIONS ABUTTER: The owner(s) of land abutting the land disturbance site. AGENT: The Town Planner AGRICULTURE: The normal maintenance or improvement of land in agricultural or aquacultural use, as defined by the Massachusetts Wetlands Protection Act (M.G.L. c. 131 § 40) and its implementing regulations (310 CMR 10.00). ALTERATION OF DRAINAGE CHARACTERISTICS: Any activity on an area of land that changes the water quality, or the force, quantity, direction, timing or location of runoff flowing from the area. Such changes include, but are not limited to: change from distributed runoff to confined, concentrated discharge; change in the volume of runoff from the area; change in the peak rate of runoff from the area; and change in the recharge to groundwater on the area. APPLICANT: Shall be the owner of record of all of the land shown on any plan submitted for approval to the Planning Board in accordance with the Stormwater Management Bylaw and Land Disturbance Regulations or any person or persons acting on behalf of the applicant for purposes of preparing and submitting plans and documents to the Planning Board, and may include engineers, surveyors, contractors or attorneys, and may also include any person or persons having an equitable interest in the land under an agreement or option to purchase the land. The owner shall certify in writing the identity of each applicant who is authorized to submit plans and/or documents and act on behalf of the owner. Without such certification an applicant shall not act on behalf of the owner. The applicant shall submit the title reference or references from the Essex County Registry of Deeds indicating the owner of record. All applications shall include original signatures of all owners. BEST MANAGEMENT PRACTICE (BMP): An activity, procedure, restraint, or structural improvement that helps to reduce the quantity or improve the quality of stormwater runoff. 37 CONSTRUCTION AND WASTE MATERIALS: Excess or discarded building or construction site materials that may adversely impact water quality, including but not limited to concrete truck washout, chemicals, litter and sanitary waste. CLEARING: Any activity that removes the vegetative surface cover and/or organic layer. Clearing activities generally include grubbing activity as defined below. DESIGN CRITERIA: Engineering design criteria as contained in the Stormwater Regulations authorized under this bylaw. DETENTION: The temporary storage of storm runoff; used to control the peak discharge rates, and which provides settling of pollutants. DEVELOPMENT: The modification of land to accommodate a new use or expansion of use, usually involving construction. DISTURBANCE OF LAND: Any action, including clearing and grubbing, that causes a change in the position, location, or arrangement of soil, sand, rock, gravel, or similar earth material. ENVIRONMENTAL SITE MONITOR: A Professional Engineer, or other trained professional approved by the Planning Board and retained by the holder of a Land Disturbance Permit to periodically inspect the work and report to the Planning Board. EROSION: The wearing away of the land surface by natural or artificial forces such as wind, water, ice, gravity, or vehicle traffic and the subsequent detachment and transportation of soil particles. ESTIMATED HABITAT OF RARE WILDLIFE AND CERTIFIED VERNAL POOLS: Habitats delineated for state-protected rare wildlife and certified vernal pools for use with the Wetlands Protection Act Regulations (310 CMR 10.00) and the Forest Cutting Practices Act Regulations (304 CMR 11.00). GRADING: Changing the level or shape of the ground surface. GRUBBING: The act of clearing land surface by digging up roots and stumps. ILLICIT CONNECTION: A surface or subsurface drain or conveyance which allows an illicit discharge into the North Andover storm drain system, regardless of whether said connection was previously allowed, permitted or approved before the effective date of this Bylaw. ILLICIT DISCHARGE: Direct or indirect discharge to the North Andover storm drain system that is not composed entirely of stormwater, including without limitation sewage, process 38 wastewater, or wash water, except as exempted in 160-4(D) of this Bylaw or in implementing regulations. IMPERVIOUS SURFACE: Any material or structure on or above the ground that limits water infiltrating the underlying soil. Impervious surface includes without limitation: roads, paved parking lots, sidewalks, sports courts and rooftops. Impervious surface also includes soils, gravel driveways, and similar surfaces with a runoff coefficient (Rational Method) greater than 85. LAND-DISTURBING ACTIVITY or LAND DISTURBANCE: Any activity, including clearing and grubbing, that causes a change in the position or location of soil, sand, rock, gravel, or similar earth material. LAND-DISTURBANCE PERMIT: A permit issued by the Planning Board. LOT: An area of land in one ownership, with definite boundaries, used, or available for use, as the site of one or more buildings LOW IMPACT DEVELOPMENT (LID): An approach to environmentally friendly land use planning and stormwater management that includes a suite of landscaping and design techniques that attempt to maintain the natural, pre-developed ability of a site to manage rainfall. LID techniques typically preserve natural drainage characteristics and/or capture water on site, filter it through vegetation, and let it soak into the ground where it can recharge the local water table rather than becoming surface runoff. MASSACHUSETTS ENDANGERED SPECIES ACT: (M.G.L. c. 131A) and its implementing regulations at (321 CMR 10.00) which prohibit the "taking" of any rare plant or animal species listed as Endangered, Threatened, or of Special Concern. MASSACHUSETTS STORMWATER MANAGEMENT POLICY: The Policy issued by the Department of Environmental Protection, as amended, that coordinates the requirements prescribed by state regulations promulgated under the authority of the Massachusetts Wetlands Protection Act MGL c. 131 s. 40 and the Massachusetts Clean Waters Act MGL c. 21, ss. 23-56. The Policy addresses stormwater impacts through implementation of performance standards to reduce or prevent pollutants from reaching water bodies and control the quantity of runoff from a site. MUNICIPAL STORM DRAIN SYSTEM or MUNICIPAL SEPARATE STORM SEWER SYSTEM (MS4): The system of conveyances designed or used for collecting or conveying stormwater, including any road with a drainage system, street, gutter, curb, inlet, piped storm drain, pumping facility, retention or detention basin, natural or manmade or altered 39 drainage channel, reservoir, and other drainage structure that together comprise the storm drainage system owned or operated by the Town of North Andover. OPERATION AND MAINTENANCE PLAN: A plan developed by a Massachusetts licensed professional engineer (PE) describing the functional, financial and organizational mechanisms for the ongoing operation and maintenance of a stormwater management system to ensure that it continues to function as designed. OUTFALL: The point at which stormwater flows out from a discernible, confined point source or concentrated conveyance into waters of the Commonwealth. OUTSTANDING RESOURCE WATERS (ORWs): Waters designated by Massachusetts Department of Environmental Protection as ORWs. These waters have exceptional sociologic, recreational, ecological and/or aesthetic values and are subject to more stringent requirements under both the Massachusetts Water Quality Standards (314 CMR 4.00) and the Massachusetts Stormwater Management Standards. ORWs include vernal pools certified by the Natural Heritage Program of the Massachusetts Department of Fisheries and Wildlife and Environmental Law Enforcement, all Class A designated public water supplies with their bordering vegetated wetlands, and other waters specifically designated. OWNER: Shall be the owner of record of all the land shown on any plan submitted. The owner shall submit the title reference or references from the Essex County Registry of Deeds (or Registry District of the Land Court if the land constitutes registered land) indicating the owner of record. PERMITTEE: The person who holds a land disturbance permit and therefore bears the responsibilities and enjoys the privileges conferred thereby. PERSON: An individual, partnership, association, firm, company, trust, corporation, agency, authority, department or political subdivision of the Commonwealth or the federal government, to the extent permitted by law, and any officer, employee, or agent of such person. PLANNING BOARD: The designees authorized to implement all actions and procedures authorized by the Bylaw. The Planning Board may, by majority vote at a public meeting, delegate any of the responsibilities for the administration of this Bylaw to the Town Planner. POINT SOURCE: Any discernible, confined, and concentrated conveyance, including but not limited to, any pipe, ditch, channel, tunnel, conduit, well, concentrated fissure, or container from which pollutants are or may be discharged. PRE-CONSTRUCTION: All activity in preparation for construction. 40 PRIORITY HABITAT OF RARE SPECIES: Habitats delineated for rare plant and animal populations protected pursuant to the Massachusetts Endangered Species Act and its regulations. PRIVATE STORM DRAIN SYSTEM or PRIVATE SEPARATE STORM SEWER SYSTEM: The system of conveyances designed or used for collecting or conveying stormwater, including any road with a drainage system, street, gutter, curb, inlet, piped storm drain, pumping facility, retention or detention basin, natural or man-made or altered drainage channel, reservoir, and other drainage structure that together comprise the storm drainage system that is not owned and maintained by the Town. RECHARGE: Addition of stormwater runoff to the groundwater by natural or artificial means. REDEVELOPMENT: Development, rehabilitation, expansion, demolition or phased projects that disturb the ground surface or increase the impervious area on previously developed sites. RESPONSIBLE PARTIES: The Applicant, Owner(s), persons with financial responsibility, and persons with operational responsibility. RETENTION: The holding of stormwater runoff in a basin without release except by means of evaporation, infiltration, or emergency bypass. RUNOFF: Rainfall, snowmelt, or irrigation water flowing over the ground surface. SEDIMENT: Mineral or organic soil material that is transported by wind or water from its origin to another location, the product of erosion processes. SEDIMENTATION: The process or act of deposition of sediment. SITE: Any lot or parcel of land or area of property where land-disturbing activities are, were, or will be performed. SLOPE: The incline of a ground surface expressed as a ratio of horizontal distance to vertical distance. SOIL: Earth materials including duff, humic materials, sand, rock and gravel. STABILIZATION: The use, singly or in combination, of mechanical, structural, or vegetative methods, to prevent or retard erosion. 41 STORMWATER: Stormwater runoff, snow melt runoff, surface water runoff and drainage. STORMWATER MANAGEMENT PLAN AND NARRATIVE: A document containing narrative, drawings and details prepared by a Massachusetts licensed qualified professional engineer (PE) which includes structural and non-structural best management practices to manage and treat stormwater runoff generated from regulated development activity. A stormwater management plan also includes an Operation and Maintenance Plan describing the maintenance requirements for structural best management practices. STRIP: Any activity which removes the vegetative ground surface cover, including tree removal, clearing, grubbing, and storage or removal of topsoil. TSS: Total Suspended Solids. Material, including but not limited to trash, debris, soils, sediment and sand suspended in stormwater runoff. VERNAL POOLS: Vernal pools are seasonally wet basin depressions that do not support breeding populations of fish, because of periodic drying. Vernal Pools serve as breeding sites for unique organisms and may be protected by state, local and federal laws. Specifically Vernal Pools are isolated depressions or closed basins which temporarily confine water during periods of high water table and high input from spring runoff or snowmelt or heavy precipitation, and support populations of non-transient microorganisms, serve as breeding habitat for select species of amphibians or contain a variety of wetland plant species. They serve as temporarily flooded amphibian breeding habitat, as well as habitat for other wildlife. These pools are characteristically small; they rarely exceed 150 feet in width, however a given pool may vary in size from year to year depending on the amount of rainfall or snowmelt. In the absence of those habitat functions, the areas will be considered isolated vegetated wetlands. The existence of either a confined basin depression; evidence of amphibian and/or reptiles species that breed only in vernal pools; the presence of fairy shrimp or their eggs; or documented presence of water in a confined basin depression for at least two continuous months in the spring and/or summer will verify the existence of a vernal pool. WATERCOURSE: A natural or man-made channel through which water flows, including a river, brook, or stream. WETLAND RESOURCE AREA: Areas specified in the Massachusetts Wetlands Protection Act M.G.L. c. 131, s.40 and Regulations promulgated thereunder and in the Town of North Andover Wetland Protection By-law and Regulations. Wetlands include: wet meadows, marshes, swamps, bogs, areas where groundwater, flowing or standing surface water or ice provide a significant part of the supporting substrate for a plant community for at least five 42 months of the year; emergent and submergent communities in inland waters; that portion of any bank which touches any inland water. 43 44 APPENDIX B - APPLICATION �iORTl� 0`tt�ec ;a1tiC T h rO7 1 ACHUS PLANNING DEPARTMENT Community Development Division Land Disturbance Permit Application 31 Please type or print clearly. 1.Petitioner: 1.0 Petitioner's Address: Telephone number: 2.Owners of the Land: Address: Number of years of ownership: 3.Address of Property Being Affected: Zoning District: Assessors Map: Lot#: Registry of Deeds: Book#: Page#: 4.Description of Project: 5.Total Area to be Disturbed 6. Has there been a previous application (Special Permit or Definitive Subdivision)from the Planning Board on these premises? If so,when and for what type of construction? 7. Has there been a previous application (NOIIRDA, Small Project, Certificate of Compliance)from the Conservation Commission on these premises? If so,when and what type? 8.Petitioner and Landowner signature(s): Every application for a Land Disturbance Permit shall be made on this form,which is the official form of the Planning Board. Every application shall be filed with the Town Clerk's office. It shall be the responsibility of the petitioner to furnish all supporting documentation with this application. The dated copy of this application received by the Town Clerk or Planning Office does not absolve the applicant from this responsibility. The petitioner shall be responsible for all expenses for filing and legal notification. Failure to comply with application requirements, as cited herein and in the Planning Board Rules and Regulations may result in a dismissal by the Planning Board of this application as incomplete. Petitioner's Signature: Print or type name here: Owner's Signature: Print or type name here: 9. Please list title of plans and documents you will be attaching to this application. 10.Application Fee to be included with the Application is$300,made payable by check to the Town of North Andover. 2 APPENDIX C —CHECKLISTT The following is a checklist of requirements for the Town of North Andover Stormwater Discharge Permit. Please be sure to include the following items as part of your Permit: ❑ Name of Contractor Responsible ❑ El Site Description Materials to be stored on-site(with updates) El Nature of the activity ElPollutants from support activities(asphalt/concrete plant) El Construction Schedule ElControl measures for support activities El Total area of site,area to be disturbed ElMeasures to protect threatened or endangered species,or critical habitat ❑ Run-off coefficient for pre-construction and post construction ❑ Site Map should contain the following: ❑ General location map 0 Drainage patterns • Approximate slopes after major grading • Areas of soil disturbance ❑ Discharge locations-Receiving Water or special aquatic sites Areas which will not be disturbed (on-site,near site)receiving discharges • Locations of control measures • Locations where stabilization practices are expected to occur ❑ Structural Practices • Location of off-site storage of material,waste,borrow, or equipment storage • Surface Waters ❑ Structures used to divert storm water 0 Storm Water discharge locations ❑ Structures used to store storm water ❑ Maintenance Procedures ❑ Post-construction controls(required when sediment or other . Inspections(of disturbed areas,areas used for material pollutants leaving the site will exceed pre-development levels) storage.control measures.and vehicle access) ❑ Technical explanation why practices are selected ❑ Copy of State Permit(if required) ❑ Velocity dissipation devices ❑ Inspection Records ❑ Controls used to prevent solid materials • Name&qualification of inspector • Dates ❑ Controls used to minimize offsite tracking Major observations • Non-storm water discharge sources ❑ Compliance with local and state regulations 3 Erosion and Sedimentation Controls • Control measures used should be designed to keep sediment on site. Control measures should be properly selected, installed and maintained in accordance with manufacturer's specifications and good engineering practices. • Accumulated sediment, off-site. must be removed often enough to minimize impacts. • Sedimentation ponds/traps must be cleaned out when 50% full (by volume) • Litter must be prevented from being a pollutant. • Offsite material storage areas are considered part of the plan. Sample Stabilization Practices • Preservation of existing vegetation • Preservation of existing trees • Vegetative Buffer strips • Mulching • Geotextiles • Sod stabilization Sample Structural Practices • Silt Fences • Earthen Dikes • Drainage Swales • Sediment Traps • Check Dams • Subsurface Drain • Level Spreaders • Inlet Protection • Outlet Protection • Sediment Basins • Rain Gardens 4 Chapter 160 Stormwater Management&Erosion Control Bylaw 160-1. Purpose A. Increased volumes of stormwater, contaminated stormwater runoff from impervious surfaces, and soil erosion and sedimentation are major causes of: 1. impairment of water quality in lakes, ponds, streams, rivers, wetlands and groundwater. 2. decreased flow in lakes, ponds, streams,rivers,wetlands and groundwater; 3. contamination of drinking water supplies; 4. erosion of stream channels; 5. alteration or destruction of aquatic and wildlife habitat; 6. flooding; and, 7. overloading or clogging of municipal and private catch basins and storm drainage systems; and 8. flooding and erosion on abutting properties. The United States Environmental Protection Agency has identified sedimentation from land disturbance activities and polluted stormwater runoff from land development and redevelopment as major sources of water pollution, impacting drinking water supplies, natural habitats, and recreational resources. Regulation of activities that result in the disturbance of land and the creation of stormwater runoff is necessary for the protection of the Town of North Andover water bodies and groundwater resources, to safeguard the health, safety, and welfare of the general public and protect the natural resources of the Town. B. The objectives of this Bylaw are to: 1. Protect water resources; 2. Require practices that eliminate soil erosion and sedimentation; 3. Control the volume and rate of stormwater runoff resulting from land disturbance activities in order to minimize potential impacts of flooding; 4. Require practices to manage and treat stormwater runoff generated from new development and redevelopment; 5. Protect groundwater and surface water from degradation or depletion; 6. Promote infiltration and the recharge of groundwater; 7. Prevent pollutants from entering the municipal and private storm drain system; 8. Prevent flooding and erosion to abutting properties. 9. Ensure that soil erosion and sedimentation control measures and stormwater runoff management practices are incorporated into the site planning and design process and are implemented and maintained; 10. Ensure adequate long-term operation and maintenance of stormwater best management practices; 11. Require practices to control waste such as discarded building materials, concrete truck washout, chemicals, litter, and sanitary waste at construction sites that may cause adverse impacts to water quality; 12. Comply with state and federal statutes and regulations relating to stormwater discharges; and 1 13. Establish the legal authority of the Town of North Andover to ensure compliance with the provisions of this Bylaw through inspection, monitoring and enforcement. 160-2 Definitions ABUTTER: The owner(s)of land abutting the land disturbance site. AGRICULTURE: The normal maintenance or improvement of land in agricultural or aquacultural use, as defined by the Massachusetts Wetlands Protection Act (M.G.L. c. 131 § 40) and its implementing regulations(3 10 CMR 10.00). ALTERATION OF DRAINAGE CHARACTERISTICS: Any activity on an area of land that changes the water quality, or the force, quantity, direction, timing or location of runoff flowing from the area. Such changes include, but are not limited to: change from distributed runoff to confined, concentrated discharge; change in the volume of runoff from the area; change in the peak rate of runoff from the area; and change in the recharge to groundwater on the area. APPLICANT: Shall be the owner of record of all of the land shown on any plan submitted for approval to the Planning Board in accordance with the Stormwater Management Bylaw and Regulations, any person or persons acting on behalf of the applicant for purposes of preparing and submitting plans and documents to the Planning Board, and may include engineers, surveyors, contractors or attorneys, and may also include any person or persons having an equitable interest in the land under an agreement or option to purchase the land. The owner shall certify in writing the identity of each applicant who is authorized to submit plans and/or documents and act on behalf of the owner. Without such certification an applicant shall not act on behalf of the owner. The applicant shall submit the title reference or references from the Essex County Registry of Deeds indicating the owner of record. All applications shall include original signatures of all owners. BEST MANAGEMENT PRACTICE (BMP): An activity, procedure, restraint, or structural improvement that helps to reduce the quantity or improve the quality of stormwater runoff. CONSTRUCTION AND WASTE MATERIALS: Excess or discarded building or construction site materials that may adversely impact water quality, including but not limited to concrete truck washout, chemicals, litter and sanitary waste. CLEARING: Any activity that removes the vegetative surface cover and/or organic layer. Clearing activities generally include grubbing activity as defined below. DESIGN CRITERIA: Engineering design criteria as contained in the Stormwater Regulations authorized under this bylaw. DETENTION: The temporary storage of storm runoff; used to control the peak discharge rates, and which provides settling of pollutants. 2 DEVELOPMENT: The modification of land to accommodate a new use or expansion of use, usually involving construction. DISTURBANCE OF LAND: Any action, including clearing and grubbing, that causes a change in the position, location, or arrangement of soil, sand, rock, gravel, or similar earth material. ENVIRONMENTAL SITE MONITOR: A Professional Engineer, or other trained professional approved by the Planning Board and retained by the holder of a Land Disturbance Permit to periodically inspect the work and report to the Planning Board. EROSION: The wearing away of the land surface by natural or artificial forces such as wind, water, ice, gravity, or vehicle traffic and the subsequent detachment and transportation of soil particles. ESTIMATED HABITAT OF RARE WILDLIFE AND CERTIFIED VERNAL POOLS: Habitats delineated for state-protected rare wildlife and certified vernal pools for use with the Wetlands Protection Act Regulations (310 CMR 10.00) and the Forest Cutting Practices Act Regulations(304 CMR 11.00). GRADING: Changing the level or shape of the ground surface. GRUBBING: The act of clearing land surface by digging up roots and stumps. ILLICIT CONNECTION: A surface or subsurface drain or conveyance which allows an illicit discharge into the North Andover storm drain system, regardless of whether said connection was previously allowed, permitted or approved before the effective date of this Bylaw. ILLICIT DISCHARGE: Direct or indirect discharge to the North Andover storm drain system that is not composed entirely of stormwater, including without limitation sewage, process wastewater, or wash water, except as exempted in 160-4(D) of this Bylaw or in implementing regulations. IMPERVIOUS SURFACE: Any material or structure on or above the ground that limits water infiltrating the underlying soil. Impervious surface includes without limitation: roads, paved parking lots, sidewalks, sports courts and rooftops. Impervious surface also includes soils, gravel driveways, and similar surfaces with a runoff coefficient (Rational Method) greater than 85. LAND-DISTURBING ACTIVITY or LAND DISTURBANCE: Any activity, including clearing and grubbing, that causes a change in the position or location of soil, sand, rock, gravel, or similar earth material. LAND-DISTURBANCE PERMIT: A permit issued by the Planning Board. 3 LOT: An area of land in one ownership, with definite boundaries, used, or available for use, as the site of one or more buildings LOW IMPACT DEVELOPMENT (LID): An approach to environmentally friendly land use planning and stormwater management that includes a suite of landscaping and design techniques that attempt to maintain the natural, pre-developed ability of a site to manage rainfall. LID techniques typically preserve natural drainage characteristics and/or capture water on site, filter it through vegetation, and let it soak into the ground where it can recharge the local water table rather than becoming surface runoff. MASSACHUSETTS ENDANGERED SPECIES ACT: (M.G.L. c. 131A) and its implementing regulations at (321 CMR 10.00) which prohibit the "taking" of any rare plant or animal species listed as Endangered, Threatened, or of Special Concern. MASSACHUSETTS STORMWATER MANAGEMENT POLICY: The Policy issued by the Department of Environmental Protection, as amended, that coordinates the requirements prescribed by state regulations promulgated under the authority of the Massachusetts Wetlands Protection Act MGL c. 131 s. 40 and the Massachusetts Clean Waters Act MGL c. 21, ss. 23-56. The Policy addresses stormwater impacts through implementation of performance standards to reduce or prevent pollutants from reaching water bodies and control the quantity of runoff from a site. MUNICIPAL STORM DRAIN SYSTEM or MUNICIPAL SEPARATE STORM SEWER SYSTEM (MS4): The system of conveyances designed or used for collecting or conveying stormwater, including any road with a drainage system, street, gutter, curb, inlet, piped storm drain, pumping facility, retention or detention basin, natural or manmade or altered drainage channel, reservoir, and other drainage structure that together comprise the storm drainage system owned or operated by the Town of North Andover. OPERATION AND MAINTENANCE PLAN: A plan developed by a Massachusetts licensed professional engineer (PE) describing the functional, financial and organizational mechanisms for the ongoing operation and maintenance of a stormwater management system to ensure that it continues to function as designed. OUTFALL: The point at which stormwater flows out from a discernible, confined point source or concentrated conveyance into waters of the Commonwealth. OUTSTANDING RESOURCE WATERS (ORWs): Waters designated by Massachusetts Department of Environmental Protection as ORWs. These waters have exceptional sociologic, recreational, ecological and/or aesthetic values and are subject to more stringent requirements under both the Massachusetts Water Quality Standards(314 CMR 4.00) and the Massachusetts Stormwater Management Standards. ORWs include vernal pools certified by the Natural Heritage Program of the Massachusetts Department of Fisheries and Wildlife and Environmental Law Enforcement, all Class A designated public water supplies with their bordering vegetated wetlands, and other waters specifically designated. 4 OWNER: Shall be the owner of record of all the land shown on any plan submitted. The owner shall submit the title reference or references from the Essex County Registry of Deeds (or Registry District of the Land Court if the land constitutes registered land) indicating the owner of record. PERMITTEE: The person who holds a land disturbance permit and therefore bears the responsibilities and enjoys the privileges conferred thereby. PERSON: An individual,partnership, association, firm, company,trust, corporation, agency, authority, department or political subdivision of the Commonwealth or the federal government, to the extent permitted by law, and any officer, employee, or agent of such person. PLANNING BOARD: The designees authorized to implement all actions and procedures authorized by the Bylaw. The Planning Board may, by majority vote at a public meeting, delegate any of the responsibilities for the administration of this Bylaw to the Town Planner. POINT SOURCE: Any discernible, confined, and concentrated conveyance, including but not limited to, any pipe, ditch, channel, tunnel, conduit, well, concentrated fissure, or container from which pollutants are or may be discharged. PRE-CONSTRUCTION: All activity in preparation for construction. PRIORITY HABITAT OF RARE SPECIES: Habitats delineated for rare plant and animal populations protected pursuant to the Massachusetts Endangered Species Act and its regulations. PRIVATE STORM DRAIN SYSTEM or PRIVATE SEPARATE STORM SEWER SYSTEM: The system of conveyances designed or used for collecting or conveying stormwater, including any road with a drainage system, street, gutter, curb, inlet, piped storm drain, pumping facility, retention or detention basin, natural or man-made or altered drainage channel, reservoir, and other drainage structure that together comprise the storm drainage system that is not owned and maintained by the Town. RECHARGE: Addition of stormwater runoff to the groundwater by natural or artificial means. REDEVELOPMENT: Development, rehabilitation, expansion, demolition or phased projects that disturb the ground surface or increase the impervious area on previously developed sites. RESPONSIBLE PARTIES: The Applicant, Owner(s),persons with financial responsibility, and persons with operational responsibility. RETENTION: The holding of stormwater runoff in a basin without release except by means of evaporation, infiltration, or emergency bypass. 5 RUNOFF: Rainfall, snowmelt, or irrigation water flowing over the ground surface. SEDIMENT: Mineral or organic soil material that is transported by wind or water from its origin to another location; the product of erosion processes. SEDIMENTATION: The process or act of deposition of sediment. SITE: Any lot or parcel of land or area of property where land-disturbing activities are, were, or will be performed. SLOPE: The incline of a ground surface expressed as a ratio of horizontal distance to vertical distance. SOIL: Earth materials including duff, humic materials, sand, rock and gravel. STABILIZATION: The use, singly or in combination, of mechanical, structural, or vegetative methods,to prevent or retard erosion. STORMWATER: Stormwater runoff, snow melt runoff, surface water runoff and drainage. STORMWATER MANAGEMENT PLAN AND NARRATIVE: A document containing narrative, drawings and details prepared by a Massachusetts licensed qualified professional engineer (PE) which includes structural and non-structural best management practices to manage and treat stormwater runoff generated from regulated development activity. A stormwater management plan also includes an Operation and Maintenance Plan describing the maintenance requirements for structural best management practices. STRIP: Any activity which removes the vegetative ground surface cover, including tree removal, clearing, grubbing, and storage or removal of topsoil. TSS: Total Suspended Solids. Material, including but not limited to trash, debris, soils, sediment and sand suspended in stormwater runoff. VERNAL POOLS: Vernal pools are seasonally wet basin depressions that do not support breeding populations of fish, because of periodic drying. Vernal Pools serve as breeding sites for unique organisms and may be protected by state, local and federal laws. Specifically Vernal Pools are isolated depressions or closed basins which temporarily confine water during periods of high water table and high input from spring runoff or snowmelt or heavy precipitation, and support populations of non-transient microorganisms, serve as breeding habitat for select species of amphibians or contain a variety of wetland plant species. They serve as temporarily flooded amphibian breeding habitat, as well as habitat for other wildlife. These pools are characteristically small; they rarely exceed 150 feet in width, however a given pool may vary in size from year to year depending on the amount of rainfall or snowmelt. In the absence of those habitat functions, the areas will be considered isolated vegetated wetlands. The existence of either a confined basin depression; evidence of 6 amphibian and/or reptiles species that breed only in vernal pools; the presence of fairy shrimp or their eggs; or documented presence of water in a confined basin depression for at least two continuous months in the spring and/or summer will verify the existence of a vernal pool. WATERCOURSE: A natural or man-made channel through which water flows, including a river, brook, or stream. WETLAND RESOURCE AREA: Areas specified in the Massachusetts Wetlands Protection Act M.G.L. c. 131, s.40 and Regulations promulgated thereunder and in the Town of North Andover Wetland Protection By-law and Regulations. Wetlands include: wet meadows, marshes, swamps, bogs, areas where groundwater, flowing or standing surface water or ice provide a significant part of the supporting substrate for a plant community for at least five months of the year; emergent and submergent communities in inland waters; that portion of any bank which touches any inland water. 160-3. Authority This Bylaw is adopted under authority granted by the Home Rule Amendment of the Massachusetts Constitution, the Home Rule statutes, and pursuant to the regulations of the Federal Clean Water Act found at 40 CFR 122.34. 160-4 Applicability Except as permitted by the Planning Board in a land disturbance permit or as otherwise provided in this Bylaw, no person shall perform any land disturbance involving disturbance of 43,560 square feet or more of land. A.Regulated Activities. Regulated activities shall include: 1. Land disturbance of 43,560 square feet or more of land associated with construction or reconstruction of structures, 2. Development or redevelopment involving multiple separate activities in discontinuous locations or on different schedules if the activities are part of a larger common plan of development that all together disturbs 43,560 square feet or more of land, 3. Paving or other change in surface material over an area of 43,560 square feet or more of land, 4. Construction of a new drainage system or alteration of an existing drainage system or conveyance draining an area of 43,560 square feet or more of land, 5. No person may create or maintain a direct connection or discharge to the MS4 without a Connection and Discharge Permit from the Department of Public Works. 6. Any other activity, on an area of land of 43,560 square feet or more, that changes the water quality, or the force, quantity, direction, timing or location of runoff flowing from the area. Such changes include, but are not limited to: change from distributed runoff to confined, concentrated discharge; change in the volume of runoff from the 7 area; change in the peak rate of runoff from the area; and change in the recharge to groundwater on the area. 7. The Town of North Andover is not exempt from the provisions of this Bylaw. B. Exempt Activities. The following activities are exempt from the requirements of this Bylaw: 1. Normal maintenance and improvement of Town owned public or maintained ways and appurtenances to the public or maintained ways. 2. Normal maintenance and improvement of land in agricultural use. 3. Repair of septic systems when required by the Board of Health for the protection of public health. 4. Normal maintenance of currently existing landscaping, gardens or lawn areas associated with a single-family or two-family dwelling. 5. Activities for which the North Andover Conservation Commission and/or Massachusetts Department of Environmental Protection has issued an Order of Conditions under the Massachusetts Wetlands Protection Act M.G.L. c. 131, s.40 and Regulations promulgated thereunder and/or the Town of North Andover Wetland Protection By-law and Regulations. 6. Activities for which the North Andover Planning Board has issued an approval pursuant to a Special Permit (including Site Plan Review) as well as Definitive Subdivision Approval pursuant to the North Andover Planning Board Rules and Regulations Governing the Subdivision of Land. 7. Activities for which the North Andover Zoning Board of Appeals (ZBA) has issued a Comprehensive Permit pursuant to M.G.L Chapter 40B. 8. Any work or projects for which all necessary approvals and permits, including building permits, have been issued before the effective date of this Bylaw. C.Prohibited Activities. The following activities are prohibited under this Bylaw: i.Illicit Discharges. No person shall dump, discharge, cause or allow to be discharged any pollutant or non-stormwater discharge into the MS4, into a watercourse, or into the waters of the Commonwealth. ii.Illicit Connections. No person shall construct, use, allow maintain or continue any illicit connection to the Municipal Storm Drain System, regardless of whether the connection was permissible under applicable law, regulation or custom at the time of connection. iii.Obstruction of Municipal Storm Drain System. No person shall obstruct or interfere with the normal flow of stormwater into or out of the municipal storm drain system without prior written approval from the Department of Public Works. D. Allowable Non-Stormwater Discharges. The following activities are allowed without the need for consultation with the Planning Board: 1. Discharge or flow resulting from fire fighting activities 2. Waterline flushing 3. Flow from potable water sources 4. Springs 8 5. Natural flow from riparian habitats and wetlands 6. Diverted stream flow 7. Rising groundwater 8. Uncontaminated groundwater infiltration as defined in CFR 35.2005(20), or uncontaminated pumped groundwater 9. Water from exterior foundation drains, footing drains (not including active groundwater dewatering systems), crawl space pumps, or air conditioning condensation 10. Discharge from landscape irrigation or lawn watering 11. Water from individual residential car washing 12. Discharge from dechlorinated swimming pool water (less than one ppm chlorine) provided the water is allowed to stand one week prior to draining and the pool is drained in such a way as not to cause a nuisance 13.Discharge from street sweeping 14.Dye testing, provided verbal notification is given to the Department of Public Works prior to the time of the test 15.Non-stormwater discharge permitted under a NPDES permit or a Surface Water Discharge permit or a Surface Water Discharge Permit, waiver, or waste discharge order administered under the authority of the United States Environmental Protection, provided that the discharge is in full compliance with the requirements of the permit, waiver, or order and applicable laws and regulations; and 16.Discharge for which advanced written approval is received from the Department of Public Works as necessary to protect public health, safety, welfare or the environment. 160-5. Administration A. The primary authority for the administration, implementation, and enforcement of section 160-4 shall lie with the Planning Board. B. The Planning Board and its agents shall review all applications for a land disturbance permit, conduct inspections, issue a final permit and conduct any necessary enforcement action. C. If not already required by another permitting agency, the Planning Board may retain at the applicant's expense, independent consultants as needed to advise the Committee"on any and all aspects of a specified project. The Planning Board will accept the findings of any previous outside environmental review. Independent consultants may include but are not limited to Registered Professional Engineers and Environmental Site Monitors. D. The Planning Board may adopt and periodically amend Stormwater Regulations relating to Land Disturbance Permits, exemption or waiver applications; permit terms or conditions, Design Criteria, additional definitions, enforcement, fees (including application, inspection, and/or consultant fees), or other procedures and administration of this Bylaw after conducting a public hearing to receive comments on any proposed revisions. Such hearing dates shall be advertised in a newspaper of general local 9 circulation, at least fourteen (14) days before the hearing date, and a draft of the regulations proposed to be adopted shall be available to the public, including posting on the Town's website, by the date on which such advertisement is published in said newspaper. After public notice and hearing, the Planning Board may promulgate rules and regulations to effectuate the purposes of this Bylaw. Failure by the Planning Board to promulgate such rules and regulations shall not have the effect of suspending or invalidating this Bylaw. E. The Planning Board will refer to the policy, criteria and information including specifications and standards of the latest edition of the Massachusetts Stormwater Management Policy or with Design Criteria as described in North Andover's Subdivision Regulations, whichever is more stringent in the protection of the town's environmental and infrastructure resources, for execution of the provisions of this Bylaw. F. All meetings of the Planning Board are subject to the Open Meeting Law. Unless already reviewed by another permitting authority, a notice in the local newspaper of a hearing on the Land Disturbance Application and that the Planning Board is accepting comments on the Land Disturbance Application shall be published at the applicant's expense, at least five(5)business days before the hearing date. The Land Disturbance Application shall be available for inspection by the public during normal business hours at the Town offices. Comments may be submitted to the Planning Board during business hours at the Town offices. G. The Planning Board or its agent shall have the authority, with prior approval from the property owner, or pursuant to court process, to enter upon privately owned land for the purpose of performing their duties under this Bylaw. H. The Planning Board will accept the findings of any project previously review by Conservation or Planning for stormwater effects. I. The Planning Board may: i. Approve the Application and issue a permit if it finds that the proposed plan will protect water resources and meets the objectives and requirements of this Bylaw; ii. Approve the Application and issue a permit with conditions, modifications, requirements for operation and maintenance requirements of permanent structural BMPs, designation of responsible party, or restrictions that the Planning Board determines are required to ensure that the project will protect water resources and will meet the objectives and requirements of this Bylaw; or iii. Disapprove the application and deny a permit if it finds that the proposed plan fails to meet the objectives and requirements of this Bylaw and its Regulations. If the Planning Board finds that the applicant has submitted insufficient information to describe the site, the work, or the effect of the work on water quality and runoff volume,the Planning Board may disapprove the application, denying a permit. J. The Planning Board shall take final action on an Application within 60 days of receipt of a complete application. If, in the Planning Board's opinion, additional time or 10 information is required for review, the Planning Board by written agreement of the applicant may continue a consideration of the request to a date certain announced at the meeting. K. Failure to take action within the time provided by this Bylaw shall be deemed to be approval of said application. Upon certification by the Town Clerk that the allowed time has passed without the Planning Board's action, the Land Disturbance Permit shall be issued by the Planning Board. L. Appeals of Action by the Planning Board. A written decision of the Planning Board shall be final when it is executed by the Planning Board or its chair or acting chair and filed in the Town Clerk's office. Further relief of a decision by the Planning Board made under this Bylaw shall be reviewable in the Superior Court or Land Court in accordance with applicable law. Appeal action shall be filed within 60 days of issuance in accordance with M.G.L. Ch 249 § 4. The remedies listed in this Bylaw are not exclusive of any other remedies available under any applicable federal, state or local law. No work shall commence until the applicable appeal period has passed with no appeal or if an appeal has been filed,the appeal has been finally resolved by adjudication or otherwise. M. All activity, exclusive of maintenance required in perpetuity, permitted by the Land Disturbance Permit must be completed within two years of permit issuance. Extensions of time can be granted by the Planning Board upon formal written request by the applicant. Upon the expiration of one year from the date of permit issuance if an extension has not been granted the permit shall be considered to be revoked. N. The Stormwater Management Permit shall be recorded at the Essex North District Registry of Deeds at the Applicant's expense and proof of recording provided to the Planning Board prior to the commencement of any work under the Permit. O. The Planning Board will issue a Certificate of Completion upon receipt and approval of final reports and documentation as outlined in the Regulations and/or upon otherwise determining that all work of the permit has been satisfactorily completed in accordance with this Bylaw. The Certificate of Completion shall be recorded at the Essex North District Registry of Deeds (or Registry of District of the Land Court, if registered land) at the applicant's expense and proof of recording provided to the Planning Board. 160-6. Permits &Procedures Permit Procedures and Requirements shall be defined and included as part of any rules and regulations promulgated as permitted under Section 5 of this Bylaw. 160-7. Fees The Planning Board shall establish fees, subject to approval of the Board of Selectmen, to cover expenses connected with application review and monitoring permit compliance. The fees shall be sufficient to cover Town secretarial staff and professional staff and any such 11 other direct and indirect costs to the Town of processing and receiving the applications. Provided that a revolving fund is established by the Town in accordance with the provisions of M.G.L. Chapter 44, Section 53E'/2, the Planning Board is also authorized to collect fees from the applicant in amounts sufficient to pay a Registered Professional Engineer and such other professional consultants as the Planning Board requires to advise the Planning Board on any and all aspects of the project. The fees for such professional engineers and consultants shall be paid to the Town for deposit into the revolving fund. 160-8. Surety Unless otherwise posted with the town as a separate "site opening bond" specifically dedicated to the compliance with the intent of this by-law, the Planning Board may require the applicant to post before the start of land disturbance activity, a surety bond, or other acceptable security. The form of the bond shall be approved by the Planning Board, and be in an amount deemed sufficient by the Planning Board to insure that the work will be completed in accordance with the permit. If the project is phased, the Planning Board may release part of the bond as each phase is completed in compliance with the permit but the bond may not be fully released until the Planning Board has issued a certificate of completion. 160-9. Waivers A. The Planning Board may waive strict compliance with any requirement of this by-law or the rules and regulations promulgated hereunder, where the activity: 1. Is allowed by federal, state or local statutes and/or regulations, or 2. Is in the public interest, and is not inconsistent with the purpose and intent of this bylaw and its regulations. B. Any applicant may submit a written request to be granted such a waiver at the time of submission. Such a request shall be accompanied by an explanation or documentation supporting the waiver request and demonstrating that the activity is allowed by federal, state or local statutes and/or regulations or is in the public interest and is not inconsistent with the purpose and intent of this bylaw and its regulations. C. All waiver requests shall be discussed and a decision will be made at the time of final action by the Planning Board. D. If in the Planning Board's opinion, additional information is required for review of a waiver request; the Planning Board may continue a consideration of the waiver request to a date certain announced at the meeting. In the event the applicant fails to provide requested information, the waiver request shall be denied. Any additional time required by this request, will extend the dead line for issuance of a decision by the amount of time required to consider said request. 160-10. Enforcement A. The Planning Board or its authorized agent shall enforce this Bylaw, its regulations, orders, violation notices, and enforcement orders, and may pursue all civil and criminal remedies for such violations. 12 B. Orders. The Planning Board or its authorized agent may issue a written order to enforce the provisions of this Bylaw or the regulations there under, which may include: 1. A requirement to cease and desist from the land-disturbing activity until there is compliance with the Bylaw or provisions of the land-disturbance permit; 2. Maintenance, installation or performance of additional erosion and sediment control measures; 3. Monitoring, analyses, and reporting; 4. Remediation of erosion and sedimentation resulting directly or indirectly from the land-disturbing activity; C. Compliance with the Operation and Maintenance Plan. 1. If the enforcing person determines that abatement or remediation of erosion and sedimentation is required, the order shall set forth a deadline by which such abatement or remediation must be completed. D. Fines. Unless already being fined for the same offense by some other town regulatory body, any person who violates any provision of this Bylaw, regulation, order or permit issued there under, shall be punished by a fine of$300.00. Each day or part thereof that such violation occurs or continues shall constitute a separate violation. E. Non-Criminal Disposition. As an alternative to criminal prosecution or civil action, the Planning Board may elect to utilize the non-criminal disposition procedure set forth in G.L. Ch. 40, §21D, which has been adopted by the Town, in which case the Planning Board or authorized agent shall be the enforcing person. The penalty for each violation shall be $300.00. Each day or part thereof that such violation occurs or continues shall constitute a separate violation. 11. Severability If any provision, paragraph, sentence, or clause of this Bylaw shall be held invalid for any reason, all other provisions shall continue in full force and effect. 13 Land In Agricultural Use (LIAU) To qualify for the Agriculture Exemption, land must be in agricultural use. The Agriculture Regulations are quite specific about what constitutes land in agricultural or aquacultural use:the exemption applies only to those land areas within the farm gate that presently and primarily are in production or that customarily and necessarily are related to production. Thus,bringing abandoned land back into production(see discussion below),opening new land to farming (enlarging a farm enterprise into previously unaltered resource areas),or creating new access roads and ways or work areas are not exempt activities because the land in question is not presently and primarily in or related to production. (Certain improvement activities are an exception to the rule just stated,that land must be"presently and primarily in production"or"customarily and necessarily related to production"to qualify for the Agriculture Exemption. These activities-the squaring off of field edges and the creation of certain water control structures-are described later in this Guide. Otherwise, it is NOT considered exempt to convert so-called related land to cropland.) The Agriculture Regulations also stipulate that,to be exempt, land must be used in producing or raising agricultural commodities for commercial purposes. The definition of"commercial"is discussed below. Active vs. Inactive Land Although the land must be"presently and primarily" in agricultural use,the definition allows it to be "inactive"for up to 5 consecutive years without losing exempt status-or longer, if the land is inactive as part of a USDA contract pursuant to the Conservation Reserves Program. For example, a field or pasture may be out of use temporarily because of changes in enterprise, a financial situation, or as a strategy to manage weeds or fertility; still, it is considered land in agricultural use for up to five years. Land that currently is inactive as part of an active rotation is considered land in agricultural use.And a field that is fallow-that is,plowed but unneeded-is not considered inactive. Land under the jurisdiction of the Wetlands Protection Act that has been out of production for longer than five years(without being under USDA contract)is considered new land.Farming activities proposed for such areas are not exempt and therefore require a permit(an Order of Conditions)under the Wetlands Protection Act. Thus, a pasture that has not been grazed or managed at all during the past five years is not considered land in agricultural use,even though fencing still surrounds it. It is proper for a Conservation Commission or DEP to require documentation of the extent and the timing of agricultural use. Such proof could be aerial photography, a USDA farm plan,hay receipts, or ASCS cropping records. Land in Production "Land in Production" is one kind of land in agricultural use as defined by the Agriculture Regulations. It is that portion of the farm presently and primarily used to produce or raise agricultural commodities for commercial purposes.A field of corn, a fenced pasture of grazing sheep,an orchard,a chicken yard, a pick-your-own strawberry patch-all of these are clear examples.The area of a forest under active management also is considered productive land. Necessary and Related Land "Necessary and related land"is the other kind of land in agricultural use as defined by the Agriculture Regulations. It is the portion of the farm that is"presently and primarily used in a manner related to, and customarily and necessarily used in,producing agricultural commodities."These are areas of the farm that are not productive cropland but that are essential to the operation of the farm because they support existing land in production. Examples include: existing access roads and ways; composting areas; barns and sheds; fire ponds; livestock crossings;woodlot landings; and field edges. Related land also includes those areas where water management activities take place, such as: pond inlets and outlets; accesses; field surface and subsurface drainage systems, including pipes and outlets; pumphouses; and permanent or temporary culverts. Related areas may be used continually, such as an access to a field; seasonally, such as the area set aside for the burning of orchard prunings; or infrequently, such as a sand pit for cranberry bog sanding. All of these areas are integral and necessary components of active enterprises. Definition of Commercial According to the definition of"land in agricultural use"at 310 CMR 10.04(Agriculture)(a),the land in question must be used to produce or raise certain agricultural commodities"for commercial purposes." What distinguishes commercial purposes from non-commercial purposes? The American Heritage Dictionary(Second College Edition, 1985), gives the following relevant definitions: "1.a. Of or pertaining to commerce." ["Commerce,"in turn, is defined as"The buying and selling of goods."] "3. Having profit as a chief aim." Using these definitions, a"commercial purpose"can be characterized by two key elements: first,the activity of selling; and second,the goal of making a profit. It is not enough to have one without the other- both elements must be present.Whether they are present must be determined on a case-by-case basis. Examples It is not possible to give an exhaustive list of examples that will cover every question that might arise about the meaning of the word"commercial."The following examples,therefore,are meant as illustrations only: Q. For many years, Ms. Smith has grown strawberries on her property.A portion of the crop grows in the 100 foot buffer zone to a resource area under the Wetlands Protection Act. Ms. Smith consumes some of the strawberries herself. Some she gives away fresh to friends and relatives. The rest she turns into preserves;she uses some of the preserves herself and, again, she gives the rest away. May she perform "normal maintenance"or "normal improvement"activities, such as spreading compost, without filing with the Conservation Commission? A. The answer is no. The land is not "in agricultural use"as defined in the Agriculture Regulations. Ms. Smith is not selling the strawberries. She has no goal of making a profit. Q. For many years, Mr. Jones has grown strawberries on his property.A portion of the crop grows in the 100 foot buffer zone to a resource area under the Wetlands Protection Act. Mr. Jones consumes some of the strawberries himself. The rest he sells on weekends from his front porch to help cover his costs for fertilizer, water, and the like. May he perform "normal maintenance"or "normal improvement" activities, such as spreading compost, without filing with the Conservation Commission? A. The answer is no. The land is not "in agricultural use"as defined in the Agriculture Regulations. Mr. Jones is selling his strawberries, but he has no goal or expectation of making a profit. Note that whether or not he makes a profit is not the issue-rather, whether or not he has 'profit as a chief aim" is the issue. r Q. Mrs. Green runs a stable. Her customers board their horses there. The customers take the horses for rides on Mrs. Green's property. Some of the horse trails pass through wetlands and Mrs. Green clears the trails to keep them open. She also raises and harvests hay,partly in wetlands resource areas and buffer zones, which she feeds to the horses. The customers are charged for the hay that Mrs. Green provides. Is Mrs. Green's land in agricultural use? A. The answer is yes and no. Yes, the land where hay is raised and harvested is in agricultural use. The hay is an agricultural commodity that is sold by Mrs. Green as part of her for profit activity in running the stable. She could just as well sell the hay to a feed business and require her customers to supply their own hay; instead, she has cut out the middle man. That does not affect the commercial nature of the activity. However, the riding paths are not in agricultural use. Operating a stable is not commercial agriculture because no commodity grown on the premises is sold. The services associated with the stable - boarding, grooming, and feeding the horses-do not constitute raising an agricultural commodity. It would be different if Mrs. Green bred horses for sale. Merely keeping them on the premises, however, does not qualify the land used in that business for the exemption. It is important to remember the significance of these activities not qualifying for the Agriculture Exemption. It does not mean that the landowner may not grow strawberries or operate a stable. It does mean that before the landowner takes actions that would remove, fill, dredge, or alter a wetland resource area or alter a Buffer Zone,he or she must file a Notice of Intent and receive an Order of Conditions. Summary To summarize,the exemption for normal maintenance or improvement of land in agricultural use must meet the following tests: • It is the work, or activity,that is exempt, and not the land itself. • The activity must be considered normal. • The activity must be considered maintenance OR the activity must be considered improvement;AND • The activity must occur on land in agricultural or aquacultural use. If all of these conditions are met,the activity can qualify for the Agriculture Exemption. Before the farmer may proceed with t DEC, 12. 2012 4:50PM -- -URBELIS & FIELDSTEEL N0. 449 P. 1 UR13ELIS & FIELDSTEEL, LLP 155 FEDERAL STREET BOSTON, MA 02110 Telephone: (617)338-2200 Telecopler: (617) 338-0122 Andover Telephone- (978)475-4552 FAX COVER SHEET TO: Gerald Brown FAX: 978-688-9542 FROM: Thomas J. Urbelis, Esq. PHONE: 617-338-2200 RE: O'Mahony Property DATE: December 12, 2012 Number of pages including cover sheet: 5 Message: THE INFORMATION CONTAINED IN THIS FACSIMILE ME$$AGE IS PRIVILEGED AND CONFIDENTIAL INFORMATION INTENDED ONLY FOR THE USE OF THE INDIVIDUAL OR ENTITY NAMED ABOVE. IF THE READER OF THIS MESSAGE I$NOT THE INTENDED RECIPIENT,YOU ARE HEREBY NOTIFIED THAT ANY DISSEMINATION,DISTRmuTION OR COPYING OF THIS COMMUNICATION IS STRICTLY PROHIBITED. IF YOU HAVE RECEIVED THIS COMMUNICATION IN ERROR, PLEASE IMMEDIATELY NOTIFY US BY TELEPHONE AND RETURN THE ORIGINAL MESSAGE TO US AT THE ABOVE ADDRESS VIA THE U.S.POSTAL SERVICE. THANK YOU. -DEC. 12. 2012 4:51PM -" URBELIS & FIELDSTEEL N0. 449 P. 2 BRODIGAN AND GARDiNER LLI' ATTORNEYS AT LAW 40$ROAD STREET jbrodigsn@brodiganlaw.com JoSGFH J.BRODIGnrI,P.C. BOSTON, M SSAC IUSBTTS 02109 wgardlnerQbrodlganitw.rAm %n,LLkM fl.0ARDR4M �~ mbrodigen@brbdiganlaw,com MICgAEL D.BRODIOAN (617) 542-1871 jbtodiganjr@brodiganlaw.oam JOSEPH J. 6RODIGAV,JR. FACSIMILE: (617) 482.1871 December 12, 2012 via Email and First Class Mail Thomas J. UxbeliSr Esq. Urbelis & Fieldsteel, LLP 155 Federal Street Boston, MA 02110-1127 RE: O'Mahony Property in North Andover Dear Tort: This is a response to your letter dated November 30, 2012 regarding the use by my client, The O'Mahony Family Farm, LLC, of its property on Lacy Street in North Andover. The O'Mahonys acquired the property. bY deed dated December 30, 2010 from the Estate of Barbara Tighe. Ms- Tighe had operated the Whipporwill Horse Farm at the property having acquired it herself in 1967 . until her She continuously operated a farm on the premises death in 2002 . A Notice of Agricultural Tax under M.G.L. C. 61A dated July 6, 1997 was recorded in the Essex South Registry of Deeds. That tax status has notchangedince then. Subsequent to Ms. Tighe' s death, YHughes-Birch operated a horse farm there until 2010 when an order of the Essex she vacated the Property pursuant Co Probate Court. The Essex Probate Court order also determined that certain barns and structures on the farm were a public safety hazard and ordered that they be razed. This was done by the Tighe Estate in January 2011 as a c nditionclientsh ve f the sale to the O'Mahonys. Since that time, my expended a substantial sructursfintime, orderftort and properlynandto reconstruct the farmte safely operate the farm on the property. DEC. 12. 2012- 4: 51PNr— URBELIS & FIELDSTEEL N0, 449 P. 3 BRODIGAN AND GARDINER LLP Most of the farm buildings have beeconstructed pero idl date. All work was done pursuant to Yissued and approvals mits from the Town of North Andover. The to construction and erection of lasthsigni.ficantspiegceyOfdwork to house solar panels permit be done. That work is the subject of the building p submitted on Monday to the application that John O'Mahony to be used to provide 'down. Those solar panels are going to power the efficient, environmentally friendly energy to tlize solar farm operation. MY clients hawzl7opreceiveua1combination of power, in part, becauseY grant money and tax credits from the state and National Grid for its use. One °tructed byiDecember 31ions of E, grant01is that the panels be cons As per our telephone conversation of today, Y did speak to my client. He informs me that he has never prohibited the building inspector from accessing the property- If there is some misunderstanding in this uggeSt that Mr. Brown contact either John or regard, I s Stephanie O'Mahony and they will make arrangements with him of the looming conditions bilrequireddeadline, forY for access . Because clients are anxious to satisfy any the issuance of the permit . Rs soon as all of the improvements are completed, my clients fully intend to continue the farm operations. They will have approximately 10 horses, 12-24 chickens and possibly, goats as well. They are also investigating the laatin and raising vegetable crops as well feasibility of p g as housing other types of animals. The structures that the O'Mahonys have erected clearly support the fact that they intend to use the propextY as described above. I have been told that the permit to erect the solar panels will not issmt euntil underttheeis ErosioneControl1Bylawnwas about whether a per - ---DEC, 12. 2012- 4: 51PM �URBELIS & FIELDSTEEL N0, 449 P. 4 BRODIGAN AND GARDINER LLF required for grading work that my client did at the property. While I do not believe that that is a valid basis fox withholding the solar panel permit, I am of the opinion that my clients are exempt from the bylaw. Section 1604 B (2) expressly exempts from the requirements of the bylaw -Normal maintenance and improvement of land in agricultural use. " The bylaw relies upon the definition of agriculture use contained in d an Massachusetts Wetlands Protection Act (MGL C. 30, X40) San its implementing regulations (310 CMR 10 .00 et $eq. ) . 10 CMR 10 . 04 (a) , a copy of which is attached to this letter, defines agricultural use to include the producing and raising of animals and vegetable crops. That regulation also specifically states that land in agricultural use may lie inactive for up to five consecutive years Whil�without subltlit losing its status as agricultural property. that performing the improvement work to the farm structures is sufficient to deem the property to be -in agricultural 'ase", the five year protection provided in the regulation eliminates any argument that my client' s property is not in agricultural use because there are no animals nor crops on site today. Please review the above and let me know if you need any further information in order to bring this issue to a resolution. Thank you for your cooperation in this matter. Sincerely, William GarU4.6 ner —DEC. 12. 2012- 4: 52PNr— -URBELIS & FIELDSTEEL N0. 449 P. 5 �.w 26. No person shall remove, fill,dredge or alter any area subject it)protection under this section\Othout the required authorization.or cause.suffer or allo%e such activity,or leave in place unauthorized fill.or othenvi5e fail to restore illegally altered land to its original condition.or fail to comply with an enforcement order issued pursuant to this section.Each d;t'such violation continues shall constitute a separate offense except that any person who tails to remove unauthorized fill or otherwise faits to testore illegally altered land to its original condition after giving wriltan Pot;ication of said violation to the conservation commission and the department shall not be subject to additional pennities unless said person thereafter fails to comply with an enforcement order or order of conditions. 27, Whoever violates any provision of this section,(a)shall be punished by a fma or not more than twettn- -fve thousand dollars or by imprisonment for not,nore than two years.or both such fine and imprisonment;or(b),shall be subiect to a civil penalty not to exceed twenty-five thousand dollars for each violation. Dellnitions of Agriculture 1310 CNIR 10.04 (Agriculttire)) 10.04:continued Agrietllture.For the purposes of 3 t0 C`IR 10.04 tho following words and phrases have the following meanings: (a) band in agricultural use means land within resource areas or the Buffer bona presently and primarily used in producing or raising one or more of the following agricultural commodities for commercial purposes: I. animals,including but not limited to livestock,poultry,ani bens; 2. fruits,vegetables,berries,nuts,titaple dap,and other foods for human consumption; 3. feed,seed,forage,tobacco.Powers,sod,nursery or greenhouse products,and omantental plants or shrubs;and 4, forest products on land maintained in forest use,including but not limited to biomnss,sawlogs,and cordwood but not including the agricultural commodities described in 310 CMR 10.01 grtcultttre)(a)l.through 3. the and A.ddidotrally,land in agricultural use means land.vithin resource areasused i nufffir neorrraisinysu h primarily used in amanner related to.and customarily and necessarily Producing e commodities,including but not limited to:existing access roads and livestock crossings;windbreaks; hedgerows;field edges; bee yards;sarid pits; Landings for forest products; fence lines;water management projects such as reservoirs, farm ponds,irrigation systems,field ditches,cross ditches,canalslchannels,grass waterways,dikes,sub-surface drainage systems,weltering facilities,water transport systems, and water storage systems;agricultural composting sites:agricultural storage and work areas;and land under fart structures. Land in agricultural use may lie inactive for u to five consecutive years unless it is under:t United States ep ent o A rlculture(USDA)contract fora longer tern, ur3uant to the Conservation Reserves roster(ibe cad Securities ACt of It)85 as amen e y the rood,,Agriculture, onservat oft art 'l'rade GID ;an I ).0 R MOT it is used for the forestry purposes escrt e t Ciel grtc re .An .).The issuing authority may require appropriate documentation,such res a USDA Farm PlW or aerial photography,to demonstrate agricultural use. (b) Normal maintenance of land in agricultural use,which in all cases does nor include placing substantial amounts of fill in Bordering land Subject to Flooding or filling or dredging a Salt Marsh,means the following activities,without enlargement as to geographical extent,that are occurring on land in ngw-ieultural use,when directly related to pcoduction or rt Wng Of the agricultural commodities roferenees in 310 CMR 10,04(Agriculture)(a).when undertaken in such a manner as to prevent erosion and siltation ofadjarent water bodies and tvetlwids,and when conducted in accordance with federal and state laws: 87 310 CMR: DEPARTMENT OF ENVIRONMENTAL PROTECTION 10.04: Definitions Abutter means the same as owner of land abutting the activity. Act means the Wetlands Protection Act,M.G.L. c. 131, § 40. Activi means any form of draining, dumping, dredging, damming, discharging, excavating, filling or grading; the erection,reconstruction or expansion of any buildings or structures; the driving of pilings; the construction or improvement of roads and other ways; the changing of run-off characteristics;the intercepting or diverging of ground or surface water;the installation of drainage, sewage and water systems; the discharging of pollutants; the destruction of plant life; and any other changing of the physical characteristics of land. Aggrieved means the same as person aggrieved. 1 Agriculture. For the purposes of 310 CMR 10.04 the following words and phrases have th� 1G followin meanings: g g W/; J u,,isd�c �� P ,I bar�.�-e (a) Land in agricultural use means land within resource areas or the Buffer Zone presently �y�, -1 and primarily used in roducing or raising one or more of the following agricultural (l commodities for commercial purposes �� 1►"" 1. animals, including but not limited to livestock,poultry, and bees; V 2. fruits,vegetables,berries,nuts,maple sap,and other foods for human consumption; 3. feed, seed, forage,tobacco, flowers, sod,nursery or greenhouse products,and orna- mental plants or shrubs; and 4. forest products on land maintained in forest use,including but not limited to biomass, sawlogs,and cordwood,but not including the agricultural commodities described in 310 V CMR 10.04(Agriculture)(a)l.through 3.. U Additionally, land in agricultural use means land within resource areas or the Buffer Zone presently and primarily used in a manner related to, and customarily and necessarily used in, producing or raising such commodities, including but not limited to: existing access roads and livestock crossings;windbreaks;hedgerows;field edges;bee yards;sand pits;landings for forest products; fence lines; water management projects such as reservoirs, farm ponds, irrigation systems, field ditches, cross ditches, canals/channels, grass waterways, dikes, sub-surface drainage systems, watering facilities, water transport systems, and water storage systems; agricultural composting sites; agricultural storage and work areas; and land under farm structures. Land in agricultural use may lie inactive for up to five consecutive years unless it is under a United States Department of Agriculture (USDA) contract for a longer term pursuant to the Conservation Reserves Program (the Food Securities Act of 1985, as amended by the Food, Agriculture,Conservation and Trade Act of 1990;and 7 CFR 1410),or it is used for the forestry purposes described in 310 CMR 10.04(Agriculture(b)14., 15., 16.and 17.). The issuing authority may require appropriate documentation, such as a USDA Farm Plan or aerial photography, to demonstrate agricultural use. (b) Normal maintenance of land in agricultural use, which in all cases does not include placing substantial amounts of fill in Bordering Land Subject to Flooding or filling or dredging a Salt Marsh, means the following activities, without enlargement as to geographical extent, that are occurring on land in agricultural use, when directly related to production or raising of the agricultural commodities referenced in 310 CMR 10.04(Agriculture)(a),when undertaken in such a manner as to prevent erosion and siltation of adjacent water bodies and wetlands,and when conducted in accordance with federal and state laws: __ 1. all cmn_management nracti.ces:-not_to_i_nclijde_drainage_i.n_a_Bordering Veg-etated.__ _ 310 CMR: DEPARTMENT OF ENVIRONMENTAL PROTECTION 10.04: Definitions Abutter means the same as owner of land abutting the activity. Act means the Wetlands Protection Act, M.G.L. c. 131, § 40. Activi means any form of draining, dumping, dredging, damming, discharging, excavating, filling or grading;the erection, reconstruction or expansion of any buildings or structures;the driving of pilings; the construction or improvement of roads and other ways; the changing of run-off characteristics;the intercepting or diverging of ground or surface water;the installation of drainage, sewage and water systems;the discharging of pollutants; the destruction of plant life; and any other changing of the physical characteristics of land. Aggrieved means the same as person aggrieved. Agriculture. For the purposes of 310 CMR 10.04 the following words and phrases have the following meanings: (a) Land in agricultural use means land within resource areas or the Buffer Zone presently and primarily used in producing or raising one or more of the following agricultural commodities for commercial purposes: 1. animals, including but not limited to livestock, poultry, and bees; 2. fruits,vegetables,berries,nuts,maple sap,and other foods for human consumption; 3. feed, seed, forage,tobacco, flowers, sod,nursery or greenhouse products,and orna- mental plants or shrubs; and 4. forest products on land maintained in forest use,including but not limited to biomass, sawlogs,and cordwood,but not including the agricultural commodities described in 310 CMR 10.04(Agriculture)(a)1.through 3.. Additionally, land in agricultural use means land within resource areas or the Buffer Zone presently and primarily used in a manner related to, and customarily and necessarily used in, producing or raising such commodities, including but not limited to: existing access roads and livestock crossings;windbreaks;hedgerows;field edges;bee yards;sand pits;landings for forest products; fence lines; water management projects such as reservoirs, farm ponds, irrigation systems, field ditches, cross ditches, canals/channels, grass waterways, dikes, sub-surface drainage systems, watering facilities, water transport systems, and water storage systems; agricultural composting sites; agricultural storage and work areas; and land under farm structures. Land in agricultural use may lie inactive for up to five consecutive years unless it is under a United States Department of Agriculture (USDA) contract for a longer term pursuant to the Conservation Reserves Program (the Food Securities Act of 1985, as amended by the Food, Agriculture,Conservation and Trade Act of 1990;and 7 CFR 1410),or it is used for the forestry purposes described in 310 CMR 10.04(Agriculture(b)14., 15., 16.and 17.). The issuing authority may require appropriate documentation, such as a USDA Farm Plan or aerial photography, to demonstrate agricultural use. (b) Normal maintenance of land in agricultural use, which in all cases does not include placing substantial amounts of fill in Bordering Land Subject to Flooding or filling or dredging a Salt Marsh, means the following activities, without enlargement as to geographical extent, that are occurring on land in agricultural use, when directly related to production or raising of the agricultural commodities referenced in 310 CMR 10.04(Agriculture)(a),when undertaken in such a manner as to prevent erosion and siltation of adjacent water bodies and wetlands,and when conducted in accordance with federal and state laws: 1. all crop management practices, not to include drainage in a Bordering Vegetated Wetland, customarily employed to enhance existing growing conditions, including but not limited to: tillage, trellising, pruning, mulching, shading, and irrigating; and all customary harvesting practices such as digging, picking, combining, threshing, windrowing,baling, curing, and drying; 2. the use of fertilizers, manures, compost materials, and other soil amendments; pesticides and herbicides; traps; and other such materials; 3. the repair or replacement of existing access roads and livestock crossings; 4. the maintenance of- a. fa. existing forest boundary lines up to five feet wide limited to cutting vegetation within the existing boundary lines; Wetland Regulations—June 2009 Page 13 310 CMR: DEPARTMENT OF ENVIRONMENTAL PROTECTION 10.04: continued b. windbreaks; c. hedgerows; and d. fire breaks on land maintained in forest use and owned by the Metropolitan District Commission, the Department of Environmental Management, or the Department of Fisheries, Wildlife, and Environmental Law Enforcement; 5. the management of existing field edges, limited to within 100 feet from the land in production, including the following practices: a. mowing; b. burning; c. brush cutting; and d. removing trees. The management of any field edge that falls within a Bordering Vegetated Wetland is not intended to allow the conversion of Bordering Vegetated Wetland into cropland. Therefore, the field management practices described in 310 CMR 10.04(Agriculture) (b)(5)a.through d. may occur in a Bordering Vegetated Wetland provided that: i. the cutting or removal of trees and understory vegetation shall not occur within 25 feet of the bank of a water body that is not managed within the land in production(field ditches,cross ditches,grass waterways,irrigation systems,and farm ponds are examples of managed water bodies)unless the trees or understory vegetation are removed to control alternative hosts but no more than 50%of the canopy may be removed, or except to maintain existing dikes; ii. slash,branches,and limbs resulting from the cutting and removal operations shall not be placed within 25 feet of the bank of a water body that is not managed within the land in production; and iii. no tilling, filling, excavation, or other change in the existing topography shall occur within the field edge; 6. the maintenance and repair of existing fences and the management of temporary fence lines; 7. the cleaning,clearing,grading,repairing,dredging,or restoring of existing man-made or natural water management systems such as reservoirs,farm ponds,irrigation systems, field ditches,cross ditches,canals/channels,grass waterways,dikes,sub-surface drainage systems,watering facilities, water transport systems, vents, and water storage systems, all in order to provide drainage,prevent erosion,provide more effective use of water,or provide for efficient use of equipment, and all for the purpose of maintaining favorable conditions for ongoing growing or raising of agricultural commodities; 8. the maintenance and repair of ongoing agricultural composting sites, storage areas, and work areas and the storage of fertilizers,pesticides,manures,compost materials,and other soil amendments, provided that such storage occurs only in the Buffer Zone or Bordering Land Subject to Flooding; 9. the repair and maintenance of existing farm structures; 10. the seeding of eroded or disturbed areas; 11. maintaining the flow of existing natural waterways; 1.2. the keeping of livestock and poultry and the management of beehives; 13. the cultivation of cranberries, including the following practices: a. the activities described in 310 CMR 10.04(Agriculture)(b)1.through 1 L; b. the application of sand to existing bogs and the excavation of sand from sand pits; c. the repair and reconstruction ofwater control structures including flumes,pumps, dikes, and piping above and below the ground; d. the regrading, including modification of drainage, and replanting of existing cranberry bogs; e. the repair and replacement of dikes; £ water harvesting activities; and g. flooding and flood release; 14. the cutting and removal of trees for the purpose of selling the trees or any products derived therefrom,when carried out in accordance with a Forest Cutting Plan approved by the Department of Environmental Management (DEM) under the provisions of M.G.L. c. 132, §§ 40 through 46, and subject to the following: Wetland Regulations—June 2009 Page 14 310 CMR: DEPARTMENT OF ENVIRONMENTAL PROTECTION 10.04: continued a. the cutting and removal of trees within Bordering Vegetated Wetland shall be limited to no more than 50%of the basal area of the area to be cut and the work shall be conducted when the soil is frozen, dry or otherwise stable to support the equipment used; b. except for the construction or maintenance of access described in 310 CMR 10.04(b)16., there shall be no filling, excavation, or other change in topography or hydrology of resource areas; c. all soils that are exposed during or after any work described in 310 CMR 10.04(Agriculture)(b)14. shall be stabilized to prevent the soils from eroding into Bordering Vegetated Wetlands beyond the work area or into open water bodies, in accordance with the Massachusetts Forestry Best Management Practices Manual; d. the person claiming the exemption shall submit by certified mail or hand delivery at the same time to the conservation commission and the appropriate DEM Regional Office not less than ten days prior to the commencement of the activity,a copy of the Forest Cutting Plan that describes the proposed cutting and removal of trees and any activity within resource areas or the Buffer Zone. The conservation commission shall have the opportunity to comment to DEM on the plan; e. landings for forest products shall not be located in Bordering Vegetated Wetland or Bank; and £ any Forest Cutting Plan that is not affirmatively approved by DEM under M.G.L. c. 132, §§ 40 through 46 but instead is deemed approved due to the expiration of some period of time following the submittal of the plan to DEM for approval shall not be considered "approved" by DEM for the purposes of 310 CMR 10.04. 15. notwithstanding the use of the words"for commercial purposes"in the first sentence of 310 CMR 10.04(Agriculture)(a), the cutting of trees within resource areas and the Buffer Zone by owners for their own use,not to exceed 5,000 board feet or ten cords of wood during any 12 month period without an approved Forest Cutting Plan or the cutting of trees within resources areas of greater than 5,000 board feet or ten cords but less than 10,000 board feet or 20 cords of wood during any 12 month period with an approved Forest Cutting Plan,provided that: a. after the cutting,the remaining trees in the resource area(and the Buffer Zone, if the activity is being conducted without an approved Forest Cutting Plan) shall be evenly distributed throughout the area where cutting occurred and the crown cover shall not be less than 50%. Crown cover is determined as the percent of the ground's surface that would be covered by a vertical projection of foliage from trees with a diameter at breast height of five inches or greater, where minor gaps between branches are disregarded and areas of overlapping foliage are counted only once; b. the cutting and removal of trees shall occur only during those periods when the ground is sufficiently frozen,dry,or otherwise stable to support the equipment used; c. the cutting, removal, or other destruction of trees and understory vegetation without a Forest Cutting Plan shall not occur within 25 feet of the Bank, except for the purpose of providing access for the activities described in 310 CMR 10.04(Agriculture)(b)15.; d. the placement of slash, branches, and limbs resulting from the cutting and removal operations shall not occur within 25 feet of Bank; e. no filling, excavation, or other change shall occur in the existing topography or hydrology of a resource area; f. landings for forest products shall not be located in Bordering Vegetated Wetland or Bank; and g. any Forest Cutting Plan that is not affirmatively approved by DEM under M.G.L. c. 132, §§ 40 through 46, but instead is deemed approved due to the expiration of some period of time following the submittal of the plan to DEM for approval shall not be considered "approved" by DEM for the purposes of 310 CMR 10.04. 16. the construction of new temporary access or the maintenance of existing legally constructed access for forestry activities described in 310 CMR 10.04(b)14. or 10.04(b)15. provided that: a. every practicable effort shall be made to avoid access,including stream crossings, and the construction of landings through and in resource areas; Wetland Regulations—June 2009 Page 15 310 CMR: DEPARTMENT OF ENVIRONMENTAL PROTECTION 10.04: continued b. where access, including stream crossings, through resource areas cannot be avoided, every practicable effort shall be made to minimize impacts resulting from construction of new access including,but not limited to,maintaining and improving (but not enlarging) existing access. Activities shall be conducted when the soil is frozen, dry, or otherwise stable to support the equipment used; c. where DEM has determined through its review and approval of the Forest Cutting Plan that access is impracticable without constructing new access or stream crossings: i. access shall be designed,constructed,and maintained in accordance with the Massachusetts Forestry Best Management Practices Manual; ii. stream crossings shall be stabilized to prevent erosion using methods describ- ed in the Massachusetts Forestry Best Management Practices Manual. When crossings involve fill, culverts or other structures that will obstruct flow, they shall be designed, constructed, and maintained in accordance with the Massachusetts Forestry Best Management Practices Manual to allow the unobstructed passage of existing flows for at least the 25 year storm; iii. access or stream crossings shall be removed within one year of completion of the work described in the approved Forest Cutting Plan; iv. following removal of access, the topography and site conditions shall be substantially restored to allow pre-existing vegetation to be reestablished; and v. activities shall be conducted when the soil is frozen,dry, or otherwise stable to support the equipment used. 17. non-harvest management practices for forest products on land maintained in forest use limited to pruning, pre-commercial thinning or planting of tree seedlings. (c) Normal improvement of land in agricultural use, which in all cases does not include filling or dredging a Salt Marsh, includes but is not limited to: 1. the following activities when they occur on land in agricultural use or when they occur within the Buffer Zone or Bordering Land Subject to Flooding that is not land in agricultural use,when they are directly related to production or raising of the agricultural commodities referenced in 310 CMR 10.04(Agriculture)(a), and when they are undertaken in such a manner as to prevent erosion and siltation of adjacent water bodies and wetlands and the activity is conducted in accordance with federal and state laws: a. the installation of permanent fencing, windbreaks, hedgerows, or the cutting of vegetation to create forest boundaries up to five feet wide; b. the installation of dikes within a cranberry bog; c. the construction of farm structures, not including habitable dwellings,provided that the footprint of the farm structure does not exceed 4,000 square feet and no filling of Bordering Land Subject to Flooding occurs beyond the footprint of the building; d. the squaring-off of fields and bogs, provided that the activity does not alter a Bordering Vegetated Wetland, there is no increase in the amount of land in production beyond the minimum increase necessarily resulting from making the boundary of any field or bog more regular, and no fill is placed within Bordering Land Subject to Flooding; e. the construction of by-pass canals/channels and tail water recovery systems; f. a change in commodity other than from maple sap production or forest products to any other commodity, provided that there is no filling of Bordering Vegetated Wetland and drainage ditches or the subsurface drainage system are not increased or enlarged; g. the construction of a water management system such as a reservoir, farm pond, irrigation system, field ditch, cross ditch, canal/channel, grass waterway, dike, sub-surface drainage system,watering facility,water transport system,vent,or water storage system, or of a livestock access; and h. the construction of composting and storage areas. For the activities described in 310 CMR 10.04(Agriculture)(c)(1)d.through h.there shall be no net loss of flood storage capacity; and Wetland Regulations—June 2009 Page 16 310 CMR: DEPARTMENT OF ENVIRONMENTAL PROTECTION 10.04: continued 2. the reconstruction of existing dikes, the reconstruction and expansion of existing ponds and reservoirs, and the construction of tailwater recovery ponds and by-pass canals/channels occurring partly or entirely within a Bordering Vegetated Wetland,when directly related to production or raising ofthe agricultural commodities referenced in 310 CMR 10.04(Ariculture)(a), in accordance with the following: a. Prior to performing the work,the person claiming the exemption shall submit to the conservation commission for its review at a public meeting that portion of a certified farm Conservation Plan (CP)which relates to the work to be conducted in a Bordering Vegetated Wetland. The CP must be prepared in cooperation with the U.S.D.A. Natural Resource Conservation Service (MRCS), Memorandum of Understanding(MOU) between the Department and NRCS concerning CPs; b. The conservation commission may,within 21 days of receiving the CP,provide the person claiming the exemption with written notification containing specific comments detailing the manner in which the CP has not been prepared in compliance with the terms of the MOU; c. The person claiming the exemption shall provide SCS with a complete copy of the notification; d. All revisions to the CP that relate to the delineation of Bordering Vegetated Wetlands shall be submitted to the conservation commission in accordance with 310 CMR 10.04(Agriculture)(c)(2); e. All work shall be done in accordance with the CP; and f. The maximum amount of Bordering Vegetated Wetland which may be altered by the above activities is: i. 5,000 square feet for reconstruction of an existing dike; ii. 10,000 square feet for expansion of an existing pond or reservoir; iii. 10,000 square feet for construction of a tai]water recovery pond; and iv. 5,000 square feet for construction of a by-pass canal/channel. Alter means to change the condition of any Area Subject to Protection Under M.G.L. c. 131, § 40. Examples of alterations include, but are not limited to,the following: (a) the changing of pre-existing drainage characteristics, flushing characteristics, salinity distribution, sedimentation patterns, flow patterns and flood retention areas; (b) the lowering of the water level or water table; (c) the destruction of vegetation; (d) the changing of water temperature, biochemical oxygen demand (BOD), and other physical,biological or chemical characteristics of the receiving water. Provided, that when the provisions of 310 CMR 10.03(6) and 10.05(3) or 333 CMR 11.03(9)have been met,the application of herbicides in the Buffer Zone in accordance with such plans as are required by the Department of Food and Agriculture pursuant to 333 CMR 11.00: Right of Way Management,effective July 10, 1987, is not an alteration of any Area Subject to Protection Under M.G.L. c. 131, § 40. Applicant means any person who files a Notice of Intent, or on whose behalf such a notice is filed. Aquaculture. (a) Land in Aquacultural Use means land presently and primarily used in the growing of aquatic organisms under controlled conditions,including one or more of the following uses: raising,breeding or producing a specified type of animal or vegetable life including,but not limited to, f nfish such as carp, catfish, black bass, flatfishes,herring, salmon, shad, smelt, sturgeon,striped bass,sunfishes,trout,whitefish,eel,tilapia;shellfish such as shrimp,crabs, lobster, crayfish, oysters,clams,periwinkles, scallops, mussels, squid; amphibians such as frogs;reptiles such as turtles; seaweeds such as irish moss and dulse;and edible freshwater plants. Wetland Regulations—June 2009 Page 17 0693 TOWN OF NORTH ANDOVER 10 fig PERMIT FOR WIRING This certifies that ...... has permission to perform .................................... wiring in the building of... at.... --3... 1 .......5%144,-. .. ........................... . .............. ,North Andover,Mass. Fee.c95P--'.. Lic.No..12;y0.)q......... ...... E14CTRICAL INSPE CT01, Check # J -777 Commonwealth of Massachusetts Official Use Only Department Of Fire ServicesPermitNo. /d 5 Occupancy and Fee Checked BOARD OF FIRE PREVENTION REGULATIONS [Rev. 1/071 (leave blank APPLICATION FOR PERMIT TO PERFORM ELECTRICAL WORK All work to be performed in accordance with the Massachusetts Electrical Code(MEC),527 CMR 12.00 (PLEASE PRINTININK OR TYPE ALL INFORMATION) Date: City or Town of: NORTH ANDOVER To the Inspector of Wires: By this application the undersigned gives notice of his or her intention to perform the electrical work described below. Location(Street&Number) L —'f.— Owner or Tenant ` Telephone No. Owner's Address �%Z8. Is this permit in conjunction with a building permit? Yes Q o ❑ (Check Appropriate Box) Purpose of Building r__5Z Utility Authorization No. Existing Service Amps / Volts Overhead ❑ Undgrd❑ No.of Meters New Service Amps / Volts Overhead❑ Undgrd❑ No.of Meters Number of Feeders and.Ampacity Location and Nature of Proposed Electrical Work: T� -42— Completion 2—Completion of the follo'wi'ng table may be waived by the Inspector of Wires. No.of Total No.of Recessed Lumi"aires No.of Ceil:Susp.(Paddle)Fans Transformers KVA No.of Luminaire Outlets No.of Hot Tubs Generators KVA No.of Luminaires a Swimming Pool Above ❑ Jn- ❑ o.o Emergency Lighting nd. rnd. Batter Units -— No.of Receatacle Outlets No.of Oil Burners Fr X.A-LttRMS No•of Zones No.of Switches No.of Gas Burners No.-of Detection and InitiatingDevices No.of Ranges o.of Air Cond. Total No.of Alerting Devices No.of Waste Disposers Heat Pum Number Tons KW No.of Self-Contained P Totals _... . ........................ Detection/Alerting Devices Municipal No.of Dishwashers Space/Area Heating KW Local❑ Connection ❑ Other No.of Dryers Heating Appliances IAV Security Systems:* ry No.of Devices or E uivalent No.of Water KW No.of No.of Data Wiring: Heaters Signs Ballasts. No.of Devices or Equivalent No.Hydromassage Bathtubs No.of Motors Total HP Telecommunications Wiring: No.of Devices or Equivalent OTHER: 60 51AJ(2 AIPW14 Attach additional detail if desired, or as required by the Inspector of Wires. Estimated Value of Electrical Work: (When required by municipal policy.) Work to Start: &o I f--- Inspections to be requested in accordance with MEC Rule 10,and upon completion. INSURANCE COVERAGE: Unless waived by the owner,no permit for the performance of electrical work may issue unless the licensee provides proof of liability insurance including"completed operation"coverage or its substantial equivalent. The undersigned certifies that such co era is in force, and has exhibited proof of same to the permit issuing office. CHECK ONE: INSURANCE BOND ❑ OTHER ❑ (Specify:) I certify, under the pains and penalties of perjury, that the information on this application is true and complete. FIRM NAME: LIC.NO.: &7cil Licensee: Signature LIC.NO.: FJ/ 2 (If applica ,enter"exempt n the li ense number line.) Bus.Tel.No.: Addres t Alt.Tel.No.: 62 E2n2ll *Per M.G.L c. 147,s.57-61, ecurity work requires Department of Public Safety"S"License: Lie.No. OWNER'S INSURANCE WAIVER: I am aware that the Licensee does not have the liability insurance coverage normally required by law. By my signature below,I hereby waive this requirement. I am the(check one) ❑ owner ❑ owner's agent. Owner/Agent PERMIT FEE.$ - Owner/Agent Tolo..h...,o AT.. Apa l The Commonwealth of Afassachusetts Department of Industrial Accidents ., , Office of Investigations 600 Washington Street i;f an - y Bvston,,MA 02111 www.tzxassgov/dia . Workers' Compensation Insitrance Affidavit: Builders/ContractorslElee-tricians/Plumbers A�nlicant Information Please Print Lebiv Name(Business/organization/individual): Address: City/State/Zip: Phan#: . Ff] mployer?Check.the appropriate box: m to er with 4, [9np project(required):P Y ❑ I am a general contractor and Few constructiones(full and/or part-time). have hired the sub-contractorsle proprietor.or partner- listed on the attached sheet $ modeling have no employees These sub-contractors have emolition working for mein any capacity, workers' comp.insurance. [No workers'comp.insurance 5. ❑ We are a corporation and its ilding addition required. officers have exercised their ectrical repairs or additions3.❑ I din a homeowner doingall work right of exemption per MGL' mbing repairs or additionsmyself.[No•worke'rscomp. c. 1.52 §I(4);and we have no of repairsinsurance required.]t employees. [No workers'camp. insurance required-] er 'Any applicant that checks boz'f l must also fill out the section below showing their workers'bompensation policy in Homeowners who submit this affidavit indicating they are doing all work and then hire outside contractors must submit a new affidavit indicating such. -' tontimctors that check this box mustattaehed an additional Ehsstshowin .rile dame ofthe sub-contractors and their u�erker 'comp Policy inferadoa. I area an employer that is,providing:worherr'copApensatzoag issu ante for my employees. Below is thepolicy andjob site information ' Insurance Company Name: ' Policy#or Self-ins.Lie.#: Expiration Date- N• Job Site Address: City/State/Zip: j Attach a copy of the workers'.*compensation policy declaration page(showing the policy number and expiration date). Failure to secure coverage as required under Section 25A of MGL c. 152 can Iead to the imposition of criminal penalties of a- fine up to-$1,500.00 and/or one-year imprisonment;as well as civil penalties in the form of a STOP WORK ORDER and a fine Of up to$250.00 a day against the violator. Be advised that a copy of this statement may be forwarded to the Office of Investigations of the DIA for insurance coverage verification. I do hereby certify under the paains and penalties ofperjury that the information provided above is true and correct. Signature: ate: Phone Phone#: Official use only. Do not wrhe bi taxis a,ea,to be complgted by city or tow;a.officiazl City or Town: Permit/License# Issuing Authority(circle one): 1. Board of Health 2.Building Department 3.City/Town Cierk 4.Electrical Inspector 5.Plumbing Inspector 6.Other Contact Person: Phone#: ' 9565 TOWN OF NORTH ANDOVER PERMIT FOR WIRING �,SSACMUS� This certifies that �' ` �? ..... ..... ........... has permission to perform '7— wiring in the building of...... 4i46w-- ........................................... at.......I.q ....?9.< .yY..... .%........................... .North Anndavicer,Mass. f Fee...�.S....., Lic.No. !.. .. ..... ....... ....... LECTRICAL INSPECTAR E.heck # __ —N Vu/►/►/►VIIWCd►l►► u► ►7dD�dWIUJCLLJ --- - --- - F 9 Department of Fire Services Permit No. Occupancy and Fee Checked BOARD OF FIRE PREVENTION REGULATIONS [Rev. 1/07] (leaveblank) APPLICATION FOR PERMIT TO PERFORM ELECTRICAL WORK All work to be performed in accordance with the Massachusetts Electrical Code(MEC),527 CMR 12.00 (PLEASE PRINT IN INK OR TYPE ALL INFORMATION) Date: t) —(Q— City or Town of. NORTH ANDOVER To the Inspector of Wires: By this application the undersigned gives notice of his or her intention to perform the electrical work described below. Location(Street&Number) Owner or Tenants0 Telephone No. Owner's Address 5"1-4 Is this permit in conjunction with a building permit? Yes ❑ No ®/(Check Appropriate Box) Purpose of Building Utility Authorization No. Existing Service Amps Volts Overhead ❑ Undgrd ❑ No.of Meters New Service Amps / Volts Overhead❑ Undgrd ❑ No.of Meters Number of Feeders and Ampacity Location and Nature of Proposed Electrical Work: Ru M tJ L! Completion oft e following table may be waived by the Inspector of Wires. No.of Recessed Luminaires No.of Ceil:Susp.(Paddle)Fans No.of Total Transformers KVA No.of Luminaire Outlets No.of Hot Tubs Generators KVA No.of Luminaires .7 Swimming Pool Above ❑ In- Elo.o Emergency Lighting rnd. rnd. Battery Units No.of Receptacle Outlets No.of Oil Burners FIRE ALARMS I No.of Zones No.of Switches No.of Gas Burners No.of Detection and Initiating Devices No.o g Tons g No.of Ranges No.of Air Cond. Total Nf Alerting Devices No.of Waste Disposers Heat Pump Number Tons.......... .......... KW No.of Self-Contained ....................... ............ Totals: Detection/Alerting Devices No.of Dishwashers Space/Area Heating KW Local❑ Municipal ❑ Other Connection No. of Dryers Heating Appliances KW Security Systems: No.of Devices or Equivalent No.of WaterKms, No.of No.of Data Wiring: Heaters Signs Ballasts No.of Devices or Equivalent No.Hydromassage Bathtubs No.of Motors Total HP Telecommunications Wiring: No.of Devices or Equivalent OTHER: Attach additional detail if desired, or as required by the Inspector of Wires. Estimated Value of Electrical Work: 53'-d (When required by municipal policy.) Work to Start: 8-6—to Inspections to be requested in accordance with MEC Rule 10,and upon completion. INSURANCE COVERAGE: Unless waived by the owner,no permit for the performance of electrical work may issue unless the licensee provides proof of liability insurance including"completed operation"coverage or its substantial equivalent. The undersigned certifies that such coverage is in force,and has exhibited proof of same to the permit issuing office. CHECK ONE: INSURANCE E9/BOND ❑ OTHER ❑ (Specify:) I certify,under the pai s and penalties ofperjury,that the information on this application is true and complete. FIRM NAME: 67e—d7`k�t ! tt LIC.NO.: 7 Licensee: ( W0„ry..,r SignaturWIS. LIC.NO.: (If applicable, enter "exempt"in the lice number line. �j Bus.Tel.No.: � j�V Address: 0f 9 V Alt.Tel.No.: K7 17- 'Per 7*Per M.G.L c. 147,s. 57-61,security work requires Department of Public Safety"S" icense: Lic.No. OWNER'S INSURANCE WAIVER: I am aware that the Licensee does not have the liability insurance coverage normally required by law. By my signature below,I hereby waive this requirement. I am the(check one)❑owner ❑ owner's Owner/Agent PERMIT FEE. $ Signature Telephone No. The Commonwealth of Massachusetts Department of Industrial Accidents Office of Investigations 600 Washington Street Boston,MA 02111 www.mass.gov/dia Workers' Compensation Insurance Affidavit: Builders/Contractors/Electricians/Plumbers Applicant Information Please Print Legibly Name (Business/Organization/Individual): W Q t4 4 Address: .2 OeLezi� 2 City/State/Zip: �� ( � �/ Phone #: "l 7g-76 r(a oe Are you an employer?Check the appropriate box: Type of project(required): 1. am a employer with_ () . 4. ❑ I am a general contractor and I 6. ❑New construction employees(full and/or part-time).* have hired the sub-contractors 2.El am a sole proprietor or partner- listed on the attached sheet. E] Remodeling ship and have no employees These sub-contractors have 8. ❑Demolition working for me in any capacity. workers'comp.insurance. 9. ❑Building addition E [No workers' comp.insurance 5. ❑ We are a corporation and its required.] officers have exercised their 10. ectrical repairs or additions 1 3.❑ I am a homeowner doing all work right of exemption per MGL 11.El Plumbing repairs or additions myself. [No workers' comp. c. 152, §1(4),and we have no 12.❑Roof repairs insurance required.] t employees. [No workers' 13.❑ Other comp.insurance required.] *Any applicant that checks box#1 must also fill out the section below showing their workers'compensation policy information. t Homeowners who submit this affidavit indicating they are doing all work and then hire outside contractors must submit a new affidavit indicating such. $Contractors that check this box must attached an additional sheet showing the name of the sub-contractors and their workers'comp.policy information. I am an employer that is providing workers'compensation insurance for my employees. Below is the policy and job site information. Q -¢- Insurance Company Name:_ �� iY`�fQ.tD Policy#or Self-ins.Lic.#: =��j 3�� Expiration Date: Job Site Address: rf City/State/Zip: Attach a copy of the workers' compensation policy declaration page(showing the policy number and expiration date). Failure to secure coverage as required under Section 25A of MGL c. 152 can lead to the imposition of criminal penalties of a fine up to$1,500.00 and/or one-year imprisonment,as well as civil penalties in the form of a STOP WORK ORDER and a fine ti of up to$250.00 a day against the violator. Be advised that a copy of this statement may be forwarded to the Office of Investigations of the DIA for insurance coverage verification. I do hereby certify under the pains and penalties of perjury that the information provided above is true and correct. Simatur I I Date: - Phone#: —ca 3— 3 " -- i Official use only. Do not write in this area,to be completed by city or town official. City or Town: Permit/License# Issuing Authority(circle one): 1.Board of Health 2.Building Department 3.City/Town Clerk 4.Electrical Inspector 5.Plumbing Inspector 6.Other Contact Person: Phone#: r Stephanie O'Mahony 143 Lacy Street North Andover, MA 01845 September 13, 2012 The Town of North Andover Building Department 1600 Osgood Street North Andover, MA 01845 RE: Request for Production of Documents This is a formal request for any and all information from your Department that pertains to my property at 143 Lacy Street or The O'Mahony Family Farm. Kindly forward any and all records in your possession, including but not limited to, email correspondences, reports, communications, letters, photographs, applications and grants for building permits, and complaints(verbal or written) made by any party. Please feel free to contact me if you have any questions regarding this request at work (978) 762-4600 or cell (617) 593-7917. Thank you for your attention. Regards, Stephanie 011141 , �C Homeowner Cc: Atty. William Gardiner U��`II�JN moi/ 6.� ,.� USA Stephanie O'Mahony 143 Lacy Street '�t, 5, 'K-E_;S;x, MA North Andover,MA 01845 iiitlidEu.�•��'..u.,4't:::,.Q.. lET7"z:.-.. .. The Town of North Andover I Building Department 1600 Osgood Street North Andover, MA 01845 •�• �• •••• .»» •.. .. —'^'��.• Hillflilllll JI Ili l lilillifillllliiflif lilllililiIll!111 iflll � w QUU6 - y- �l Date....:1.......................... f NORTH� . ° :••4,, TOWN OF NORTH ANDOVER p PERMIT FOR WIRING ;,SSACMUSE� 5a�This certifies that ................... ...... .............. �'' ........................................... has permission to perform�. ...... ...................................( G � c wiring in the building of....... at... ...... ............................... North Andover Mass. 72-40 Fee.1 ............ Lic.No............. ................. .............. ..... f .... � / LEC'rRICAL INSPECTOJtF Check # `7�� y Y� ,= Commonwealth of Massachusetts Official Use Only Department of Fire Services IrRP,",ermit No. /6oa b BOARD OF FIRE PREVENTION REGULATIONSccupancy and Fee Checked _ . 1/07] (leave blank APPLICATION FOR PERMIT TO PERFORM ELECTRICAL WORK All work to be performed in accordance with the Massachusetts Electrical Code _ (MEC),527 CMR 12.00 (PLEASEPRINTININK OR TYPEALL INFORMATION) Date:_ � City or Town of: NORTH ANDOVER To the Inspector-of Wipes: By this application the undersigned Ives notice of his or her intention to perform the electrical w rk described below. Location(Street&Number) ` Fla- Owner or Tena t ' Tele one No. 7 _3? Owner's Address 7— Is this permit in conjunction with a building permit? Yes E4 No EJ (Check Appropriate Purpose of Building �% ppro riate Box &PW Utility Authorization No. Existing Service Amps / New Service Amps Volts Overhead ❑ rd Und g ❑ No.of Meters / _Volts Overhead❑ Und rd g ❑ No.of Meters Number of Feeders and Ampacity Location and Nature of Proposed Electrical Work: rJ - c � Completion of thefollowing table may be waived by the Inspector of Wires. No.of Recessed Luminaires No.of Ceil:Susp.(Paddle)Fans No.of Total Transformers KVA No.of Luminaire Outlets No.of Hot Tubs Generators KVA No.of Luminaires Swimming Pool Above - El o rnd. rnd.❑ mergency ig hng Batter—Units No.of Receptacle Outlets No.of Oil Burners FIRE ALARMS No.of Zones No.of Switches No.of Gas Burners No.of Detection and Initiating Devices No.of Ranges No.of Air Cond. Total Tons No.of Alerting Devices No.of Waste Disposers Heat Pump Number, Tons KW No.of Self-Contained Totals: ............""" Detection/Alertini,Devices No.of Dishwashers Space/Area Heating KW Local❑ Municipal Connection ElOther No.of Dryers Heating Appliances KW Security Systems:* No.of WaterNo.of No.of Devices or E uivalent I Heaters KW o ns Balla is Data Wiring: ` No.of Devices or Equivalent No.Hydromassage Bathtubs No.of Motors Total HP Telecommunications Wiring; OTHER: No.of Devices or E uivalent Estimated Value of Electrical Work: Attach additional detail if esired, or as required by the Inspector of Wires. (When required by municipal policy.) Work to Start::Y— Inspections to be requested in accordance with MEC Rule 10,and upon completion. INSURANCE COVERAGE: Unless waived by the owner,no permit for the performance of electrical work may issue unless the licensee provides proof of liability insurance including"completed operation"coverage or its substantial equivalent. The undersigned certifies that such covers is in force,and has exhibited proof of same to the permit issuing office. CHECK ONE: INSURANCE &BO ND ❑ OTHER ❑ (Specify:) I cerci p �'') certify,under the pains and penalties ofperjury,that the information on this application is true and complete. FIRM NAME: gkbAa1p LIC.NO.: y Licensee: Signatur (If apphcab e e er " empt"int a lice a numller li ) LIC.NO.: 6- 7 Address: fQ/ 41 Bus.Tel.No.: —Z *Per M L c. 147,s.57-61,security work requires Department of Public Safety"S"License: Alt.Lec.No.: ` —a —1 7� OWNER'S INSURANCE WAIVER: I am aware that the Licensee does not have the liability insurance cover normal required by law. By my signature below,I hereby waive this requirement. I am the(check one)❑owner ❑owner's agent. Owner/Agent Signature Telephone No._2/7-5-93 W121 PERMIT FEE. $ ELECTRICAL PERMCT NO. ` INSPEC7CIONREPORT: EI,ECTWCAL INSPECTOR-DOUG SMALL Y.RO;[ ] SPECTION: PasseFailed—[ jrequired($50Inspemments: (Inspectors'Signature-no initials) Date 2.FINAL IN PECTION; Passed— Failed—[ _] Re-inspection required($50.00) Inspectors' mments: nspectors' ign re-no initials) Date 3.UNDERGROUND INSPECTION: Passed—[/4 Failed— I j Re-inspection required($50.00) Inspectors'comments: (Inspectors'Signature-no initials) Date PTION—SERVICE: LED NATIONAL GRID: NAS: Failed—[ ] Re-inspection required($50.00)-[ ] comments: y (Inspectors'Signature-no initials) Date to 5.INSPECTION-OTHER: Passed—[ ] Failed—[ ] Re-inspection required($50.00) Inspectors' comments: (Inspectors'Signature-no initials) Date DO OR TAGS ARE TO BE FILLEDOUT AND LEFT ON SITE W THE AREA TO BE INSPECTED IS NOT ACCESSIBLE AND A RE-INSPECTION OF$50.00 IS TO$E CHARGED. The Commonwealth of Massachusetts Department of Industrial Accidents Office of Investigations 600 Washington Street Boston,MA 02111 www mass.gov/dia Workers' Compensation Insurance Affidavit: Builders/Contractors/Electricians/Plumbers Applicant Information Please Print Legibly Name(Business/Organization/Individual): Address: ( City/State/Zip:_ phone#: f 7,8 Are you an employer?Check the appropriate box: Type of project(required): 1.� m a employer with�? 4. ❑ I am a general contractor and I employees(full and/or part-time).* have hired the sub-contractors 6. ❑New construction 2.❑ I am a sole proprietor or partner- listed on the attached sheet. t 7• ❑Remodeling ship and have no employees These sub-contractors have 8. ❑Demolition t working for me in any capacity. workers' comp,insurance. 9. ❑Building addition [No workers' comp.insurance 5. ❑ We are a corporation and its required.] officers have exercised their 10.❑Electrical repairs or additions 3.❑ I am a homeowner doing all work right of exemption per MGL 11-El Plumbing repairs or additions myself. [No workers' comp. c. 152, §1(4),and we have no 12.❑Roof repairs insurance required.]t employees. [No workers' comp.insurance required.] 13.0 Other *Any applicant that checks box#1 must also fill out the section below showing their workers'compensation policy information. I Homeowners who submit this affidavit indicating they are doing all work and then hire outside contractors must submit a new affidavit indicating such. $Contractors that check this box must attached an additional sheet showing the name of the sub-contractors and their workers'comp.policy information. I am an employer that is providing workers'compensation insurance for my employees. Below is the policy and job site information. Insurance Company Name:-- Policy#or Self-ins.Lic.L#: �C J�� 3� Expiration Date:_ `a-3�— Job Site Address:_ `7 J� 0 C& rY ST City/State/Zip: A of o� Attach a copy of the workers'compensation policy declaration page(showing the policy number and expiration date). Failure to secure coverage as required under Section 25A of MGL c. 152 can lead to the imposition of criminal penalties of a fine up to$1,500.00 and/or one-year imprisonment,as well as civil penalties in the form of a STOP WORK ORDER and a fine of up to$250.00 a day against the violator. Be advised that a copy of this statement may be forwarded to the Office of Investigations of the DIA for insurance coverage verification. I do hereby certify under the pains and penalties of perjury that the information provided above is true and correct. Signature: Date: Phone#: Official use only. Do not write in this area,to be completed by city or town official. City or Town: Per # L6. ing Authority(circle one): oard of Health 2.Building Department 3.City/Town Clerk 4.Electrical Inspector 5.Plumbing Inspector ther tact Person: Phone#: w- Information and Instructions Massachusetts General Laws chapter 152 requires all employers to provide workers' compensation for their employees. Pursuant to this statute,an employee is defined as"...every person in the service of another under any contract of hire, express or implied,oral or written." An employer is defined as"an individual,partnership,association,corporation or other legal entity,or any two or more of the foregoing engaged in a joint enterprise,and including the legal representatives of a deceased employer,or the receiver or trustee of an individual,partnership,association or other legal entity,employing employees. However the owner of a dwelling house having not more than three apartments and who resides therein,or the occupant of the dwelling house of another who employs persons to do maintenance,construction or repair work on such dwelling house or on the grounds or building appurtenant thereto shall not because of such employment be deemed to be an employer." MGL chapter 152, §25C(6)also states that"every state or local licensing agency shall withhold the issuance or renewal of a license or permit to operate a business or to construct buildings in the commonwealth for any applicant who has not produced acceptable evidence of compliance with the insurance coverage required." Additionally,MGL chapter 152, §25C(7)states"Neither the commonwealth nor any of its political subdivisions shall enter into any contract for the performance of public work until acceptable evidence of compliance with the insurance requirements of this chapter have been presented to the contracting authority." Applicants I � Please fill out the workers' compensation affidavit completely,by checking the boxes that apply to your situation and,if necessary,supply sub-contractor(s)name(s),address(es)and phoAe number(s)along with their certificate(s)of insurance. Limited Liability Companies(LLC)or Limited Liability Partnerships(LLP)with no employees other than the members or partners,are not required to cavy workers'compensation insurance. If an LLC or LLP does have employees,a policy is required. Be advised that this affidavit may be submitted to the Department of Industrial Accidents for confirmation of insurance coverage. Also be sure to sign and date the affidavit. The affidavit should be returned to the city or town that the application for the permit or license is being requested,not the Department of Industrial Accidents. Should you have any questions regarding the law or if you are required to obtain a workers' compensation policy;please call the Department at the number listed below. Self-insured companies should enter their ,self-insurance license number on the appropriate line. City or Town Officials Please be sure that the affidavit is complete and printed legibly. The Department has provided a space at the bottom w of the affidavit for you to fill out in the event the Office of Investigations has to contact you regarding the applicant. Please be sure to fill in the permit/license number which will be used as a reference number. In addition,an applicant that must submit multiple permit/license applications in any given year,need only submit one affidavit indicating current policy information(if necessary)and under"Job Site Address"the applicant should write"all locations in (city or town)"A copy of the affidavit that has been officially stamped or marked by the city or town may be provided to the applicant as proof that a valid affidavit is on file for future permits or licenses. A new affidavit must be filled out each year.Where a home owner or citizen is obtaining a license or permit not related to any business or commercial venture (i.e.a dog license or permit to burn leaves etc.)said person is NOT required to complete this affidavit. The Office of Investigations would like to thank you in advance for your cooperation and should you have any questions, please do not hesitate to give us a call. The Department's address,telephone and fax number: The Commonwealth 01'101assachusetts Department of Industrial Accidents Office of Investigations 600 Washington Street Boston,MA 02111 Tel. #617-727-4900 ext 406 or 1-877-MASSAFE Revised 5-26-05 Fax#617-727-7749 www.mass.gov/dia y NoRTH 16� 0 'D� TOWN OF NORTH ANDOVER 1 .bSIGN PERMIT ��.Q CCCx,CxwKx\y A�"ATED rta�,S�3 ;SATE: July 9, 2012 PERMIT: 5034-2012 Lacy eet THIS CERTIFIES THAT Stephanie O'Mahoney has permission to erecta sot 8, above the ghat says round from a 40" O'Mahoney Family Farm" . Sign dimensions are 24'x36' hanging from 10 4 x p crossbar. on 143 Lacy Street provide that the person accepting this Permit shall in every respect conform to the terms of the application on file in this office, and to the provisions of the Codes and BY #6 Voids this P h rri . St the Town of North Andover. Violation of the Zoning of Sigign Regulations m n Regulations, Section , INTERNALLY ILLUMINATED SIGNS ARE PROHIBITED Linsop4ctor'olf Buildings Amount Paid:$30.00 Check#102 Receipt 425489 Location �"i/`� G< </ S No. Date 7A711�— • - TOWN OF NORTH ANDOVER • ��7•LID 1�4�` . . a Certificate of Occupancy $ i a P Building/Frame Permit Fee $ Foundation Permit Fee $ Other Permit Fees/ /y $ _ D ' . TOTAL / $ Check#_/O 2 25489AI C1 Inspector SIGN PERMIT APPLICATION 1600 Osgood Street Building 20, Suite 2-36 TOWN OF NORTH'ANDOVER Site Owner Applicant hTel Site Address 1 er Size of Proposed Sign Mann?/G-/66,, Parcel Illumination: Not illuminated b) Internally illuminated How attached: a) Against the wall c) Externally illuminated b) Roof c) Ground ,G � X 36o Materials: d) Other Proposed Colors: Background Lettering Cost of Sian r Border Note: No permanent/temporary sign shall be erected, or enlarged until an Required Attachments: application on the appropriate form furnished by the Sign Office has been Photographs of building filed with the Sign Officer containing such information including Material sample photographs, plans and scale drawings, as he may require, and a permit Color sample for such erection,alteration, or enlargement has been issued by him. Site or Plot Plan (Required for all free-standing signs) Such permit shall be issued only of the Sign Officer determines that the Drawings of proposed sign sign complies or will comply with all applicable provisions of the By- Other, specify 7. Law. Will sign overhang any public road or walkway Yes ( ) No1y If Yes, Name of Agency who will provide liability insurance: AN INCOMPLETE jAPPLICATION WILL NOT BE ACCEPTED DATE FILED: 7/ `za' - Receipt# Check# Revised 10.31.2006 Form Sign Permit Application SIGNATURE OF APPLICANT 8f , � _ - � "' � • �r ��•z't sem` .�`' ,t.� "" -r ,,,. s ' s' .„^-t ,. -�a *;�+'a ,�., Fav � _•" � s4,•,e�� wr•:c ,w", _ 4 g x " r �; sc. •� %meg`,. _ _,a .�; � _ < ,A^��, � 0 f 000 t , �CL1fZLE(��a,L17o to 1 _ . x _ W21- i w „ teems, Maura K E COW From: staceybirch1960@gmail.com Sent: Friday, June 15, 2012 11:41 AM To: Deems, Maura Subject: 143 lacy street Attachments: IMG-20120612-00099.jpg; IMG-20120528-00097.jpg; IMG-20120528-00096.jpg; IMG-20120528-00095.jpg; IMG-20120528-00094.jpg On more than one occasion we have been awakened in the very early morning by 0 Mahoney electrical trucks coming in and loading. We were told that there could not be a commercial business there that it was going to be kept agricultural but we have only seen electrical equipment and heavy equipment and not one plant animal or anything that has to do with farming. I am enclosing some pictures so you can see what we see. Sent via B1ackBerry by AT&T Please note the Massachusetts Secretary of State's office has determined that most emails to and from municipal offices and officials are public records. For more information please refer to: http://www.sec.state.ma.us/pre/preidx.htm. Please consider the environment before printing this email. i,5 La ee+ 1 dry i1 (J,A 4«? ..,.;^�.► • ,a � $s ;.•. -" iqy x P$ �,a, 'i,_ r"if, :� Y. r� i�t'��'. a! � �r•„ '°fir - . ,,�'r -.,� � ,:-.v ,;✓ °C'�r r Yy-l'1 `'� �� `3`' ty�;, � w A� ,'"!" -rR' ° �, �� `�4. +• 'x�'' � r P � s �.! f,4 ��-.J�'. } � irk ;�,, . 7 X-1 s^, •� (ai w� _ , ( * yl alt.t`�,� k} #� �'A' IK 00 k'",.,'Ps {S *Y lot � �y�;•�, r�Y s T �� >�k r�d �� 1• ak ';-� F+ .f •�'•'�'1. .�,. ��} .i £ Tk:V �� Y c f �j,�' 4k a` (� �� p"'3ti. ' •~�' -� ` � � ti v 1 �.,.} 1� **l t��d` ^�� "v\�{+ +.�d,.4Pr11_�� / .�• � ��,...yY_ _ - .. .[ ?�� _�4# � � R,.4�`� *` �xi� 5 ,fir t� +i wi4fkit Ai 47 •� _ s'►•`. t� fir. ....L::'. . �1r"rZri. 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' MVyt pM !s. �r � � �: �y.. v:•', rt . „ . r' dam. •• �4 a - T. � •i ,.fit` t Na �.,� �� , .C+.�k��.. �� , ,.rr�' -�`" ={t ` •,,. _�. w' � 1 9 ¢ �` ,+ f ;�; s '� �. `� �� } �4 �+ . �, ' + � � . �, a r ,, \ �c \ � '' � �`�, �:� �t�i � �� ' �;`� /� :,.y.. ��:`., r. '� f" i' x: � :t f �. � � Y' 'fir ti: ON 7 w �� 'e�`� , - � .•..nom • � � ��i � ��*-. QK gg- 11 .uRw « A 3 � . i Massachusetts -Nelpag Wiki Page 1 of 2 ---------- 1� t r Massachusetts Statewide outdoor-lighting legislation has been proposed in every legislative session since 1992. One version came very close to enactment in the summer of 2003,when it was appended to a state transportation bill. Inexplicably, the outdoor-lighting bill was somehow removed from the conference-committee markup that was approved by the House and Senate. Fast-forward to the 2009-10 legislative session: both the House and Senate were deliberating a series of outdoor-lighting bills that would require state- and municipally- funded projects to use fully-shielded exterior lighting in new or replacement installations, and to install that lighting only where it is needed. They would also require Mass Highways to review and update its criteria for roadway lighting. Unfortunately, the Legislature ended its session without taking action on any of these bills. (Click here for details.) The Legislature has now begun its 2011-12 session, and NELPAG is committed to getting outdoor-lighting legislation passed. The bill has been reworked to focus on streetlighting and area lighting, which together account for an estimated 93% of all outdoor fixtures. Details are available here. For more information about these bills and how you can help get outdoor-lighting legislation passed, contact NELPAG members Mario Motta( El mmotta@massmed.org ) or Kelly Beatty ( EAkbeatty@darksky.org). (Go to: Connecticut, Maine, New Hampshire, Rhode Island, Vermont) Here's a list of cities and towns in Massachusetts that have adopted outdoor- lighting regulations: • Abington http://nelpag.harvee.org/Massachusetts?action=print 12/13/2011 Massachusetts -Nelpag Wiki Page 2 of 2 • Acton(O link;this town also has an O outdoor-lighting committee) • Arlington Olink • Billerica • Boxborough • Chelmsford(O link) • Concord • Eastham • Gardner • Gloucester • Hampden • Harvard • Harwich(9 link) • Lakeville (slink; starts on page 53) • Lexington(Olink) • Lincoln • Lynnfield • Nantucket • Newton • Orleans • Plymouth • Rockport • Rowley • Townsend • Truro • Tyngsborough(Olink; see Section 3.15.00) • Westwood • Winchester(Olink; see Section 5.4) (if you know about any others,please let us know!) Massachusetts(last edited 2011-06-23 20:17:13 by KellyBeatty) http://nelpag.harvee.org/Massachusetts?action=print 12/13/2011 • LED BUILDING DEPARTMENT Community Development Division December 9, 2011 Ms. Stacy Hughes Birch 95 Lacy Street North Andover,MA 01845 Dear Ms. Birch: Regarding the complaint that your neighbors are cutting wood to be sold at their property located at 143 Lacy Street, I provide the following facts. The O'Mahony property is located within the R-1 Zoning District. This type of use, which is classified as agricultural, is permitted in the R-1 Zoning District as outlined in Section 4.121(6)(c) of the North Andover Zoning Bylaw. As stated above,this use is classified as an agricultural use, which is an exempt use as outlined in Massachusetts General Laws, Chapter 40A. Therefore it is with great certainty that the O'Mahony's are allowed to cut and sell wood on their property on Sundays at reasonable times. The O'Mahony's are not allowed to bring wood onto their property from other land to sell. If you have any further questions please let me know. Very Truly Yours, �r �-- Gerald Brown, Inspector Buildings copy: North Andover Police Department North Andover Building Department Mr. &Mrs. O'Mahony j. v BUILDING DEPARTMENT Community Development Division December 9,2011 Ms. Stacy Hughes Birch 95 Lacy Street North Andover, MA 01845 Dear Ms. Birch: Regarding the complaint that your neighbors are cutting wood to be sold at their property located at 143 Lacy Street,I provide the following facts. The O'Mahony property is located within the R-1 Zoning District. This type of use,which is classified as agricultural, is permitted in the R-1 Zoning District as outlined in Section 4.121(6)(c)of the North Andover Zoning Bylaw. As stated above,this use is classified as an agricultural use,which is an exempt use as outlined in Massachusetts General Laws, Chapter 40A. Therefore it is with great certainty that the O'Mahony's are allowed to cut and sell wood on their property on Sundays at reasonable times. The O'Mahony's are not allowed to bring wood onto their property from other land to sell. If you have any further questions please let me know. Very Truly Yours, r Gerald Brown, Inspector Buildings copy: North Andover Police Department North Andover Building Department Mr. &Mrs. O'Mahony TOWN OF NORTH ANDOVER "oRTN o �t��o •6.1.0 o L o Building Department , y 1600 Osgood Street �4 « Building 2- Suite 2-36 Building Dept ��SSAeHuSE��h North Andover MA 01845 Tel: (978) 688-9545 Fax (978) 688-9542 COMPLAINT FOR INVESTIGATION DATE: `7` r TEL #: NAME OF COMPLAINTANT: T 6 & 'h4 No ADDRESS.:: /L/3 La -s 7 . COMPLAINT TYPE: Electrical: Plumbing: Gas: wild nig (& u e- S , Property Owner: S 7 e Address: 9 Zacv 7, Other: Sig 6( qp ske e -1-1d-- ra C- Aq I-al- jgj�,e CSU Signed: Complai Form-Revised 6.2007 Axl Pf1-- 07-U.,,. Id /�j P� fio7' Se-eDq a kly Q ko UeS s l�Gt l be-ll�e`ve, Q11 110-Aa5 �, et 00 1 IL . r _ M low, r 410 x � s�` /� fes.. �� ♦./ / 'i� '__TMJ - �� \ �• �\ f ♦ �`,ilj f Rrp _ Lw Brown, Gerald To: Santilli, Ray Cc: Tymon, Judy; Bellavance, Curt Subject: Outdoor Lighting 143 Lacy St The Town of North Andover Zoning By-Law is silent about outdoor Lighting and there is no Town by-Law .The only reference is in 8.3 when Site Plan Review is required and Section 8.3 is not applicable nor required per ANR Plan approved by Planning Board . 143 Lacy Street The O'Mahony Family Farm ,LLC as Built plan of Land Nov.30,2011 by James L Kloposki Professional Land Surveyor Merrimak Engineering Services 1 C� µORTH R TOWN OF NORTH ANDOVER tt��o a o OL Building Department 1600 Osgood Street Building 2- Suite 2-36 Building Dept ��9ssaCHuset�� North Andover MA 01845 Tel: (978) 688-9545 Fax (978) 688-9542 COMPLAINT FOR INVESTIGATION DATE: O � ✓ TEL #:q NAME OF COMPLAINTANT: ADDRESS.::1.�3 �J COMPLAINT TYPE: ; Electrical: Plumbing: Gas: Building: Property Owner: Address: Othe\rh— a he- 4rl lhp i r U ;-k of qpi-Y co i �s, i hS to v \0` Signed: Complaint Form- evised 6. 007 Y0 'n/4 3 7 ,,ti 9 7-1 �� w BUILDING DEPARTMENT Community Development Division December 00, 2011 Ms. Stacy Hughes Birch 95 Lacy Street North Andover, MA 01845 Dear Ms. Birch: Regarding the complaint that your neighbors are cutting wood to be sold at their property located at 143 Lacy Street, I provide the following facts. Background: O'Mahony Family Farm, LLC 143 Lacy Street R-1 Zoning District Map/Lot 105.D-0167-0000.0 Lot#6A 2.3348 AC. Lot#4A-1 2.0013 AC. Lot#5B-1 2.7164 AC. Lot#3A-1 3.1969 AC. Total: 10.2494 AC. Standing: North Andover Town Zoning By-laws 1972, Section 4 Buildings and Uses Permitted states for the R-1 Zoning District: Section 4.12 Permitted Uses Section 4.121 Residential R-1 District 6. Agriculture, horticulture,floriculture, viticulture or silvaculture. (1986/100) d. The sale of products of agriculture, horticulture,floriculture, viticulture or silvaculture as well as accessory or customary items, by any person who is primarily engaged in any of the above activities. The operation must be on at least ten (10) contiguous acres used primarily for any of these activities. 4.03 AGRICULURAL USES Mass. Gen. L. ch. 40A, S 3 states that ordinances and by-laws shall not: Prohibit, unreasonably regulate or require a special permit for the use of land for the primary purpose of agriculture, horticulture,floriculture, or viticulture; nor prohibit, or unreasonably regulate, or require a special permit for the use, expansion, or reconstruction of existing structures thereon....except that all such activities may be limited to parcels of more than five acres in area not zoned for agriculture, horticulture,floriculture, or viticulture. In addition, it is the policy of the North Andover Police Department that: 1. A homeowner can work on their own property on Sunday at reasonable times. 2. A contractor cannot work on someone else's home on Sunday. 3. Contractors can't work on jobsites on Sunday unless it is an emergency. 4. On weekdays contractors can't start work before 07:00 and must be done by 19:00. Outside of those hours it must be an emergency. S. Contactors can be granted permission by the Chief of Police or his designee to perform work outside of the designated times if they can demonstrate a need. (i.e. cement has to set, road work could be done faster with less impact to the public if done outside of commute hours, etc.) Conclusion: There is no evidence that the O'Mahony's operate a wood cutting business on their property. Therefore it is with great certainty that the O'Mahony's are allowed to cut wood on Sundays at reasonable times. Furthermore, if evidence supports that the O'Mahony's are operating a wood cutting business it would be allowed based on Massachusetts General Laws as well as North Andover's Zoning Bylaw. If you have any further questions please let me know. Very Truly Yours, Gerald Brown, Inspector Buildings 1, v OORTif TOWN OF NORTH ANDOVER Building Department + 1600 Osgood Street Building 2- Suite 2-36 Building Dept North Andover MA 01845 Tel: (978) 688-9545 Fax(978) 688-9542 COMPLAINT FOR INVESTIGATION DATE: NAME OF COMPLAINTANT: To M O 'RohonQ ADDRESS: I COMPLAINT TYPE: Electrical: Plumbing: Gas: Building: Property Owner: Sfa-e 12.11 9U-A Address: CK) ot 0 q Other: a d7W CAD ftL A-nZ� U&g6( Signed: Complaint Form-Revised 6.2007 I -"F i�t3i�.a<l,a d1�ti�".1 4 � f1C.[' .311:,._x.'t 1�.7_i IF` -#�*._.`+.; .i �_ .. - . .ipj --• /, v90r {� ) e Search JQT_ _ ` Cj-ma North registry - Go �o • l Sookmarksw 11 blocked I ae�Check w '%,qutoUnk -w `_i kutoFill Lq Sendtow ,' [ essEX >} f Settings: BROV!Pdtech Document Management Systems �i - - - L:.16 Page Tools - » Browntech Image Plugin 1.97 Download Complete! 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"'�3•-�• { 4 r3• r. y //■/ i Z� n. f" .aJ ,y yrs * It\ �'�•' ry '�-„ �`r ¢r u' i. �..d f * 4� f T,,y1•��• h,/l^ �k Nom' Il(•..�4.��j�� _ �. ti Y' r' s MM o �/� ft ' ,F$rJ� �°ir. �1�xr.�.,Ci :a.n/tet'.✓• �'�'.t'�� ,(".tl �, X17. `'� -•r man annama 4F.`14 ///� F} L 1t y a"711 LOT*6 an ago •1 F7 iF"17}j i'i //r// r?C rs n1 t ?"b�ryt - N� ��+�i �-�u_ t7' k�,_r• � s.34•..Sc�'__ � �� 4 'tom 1-01 *OEM ME Q .Ab '1 Ae-ReSMEMNON MM among i[ JC F lO— F F F F }Internet +{154a a C J Start ®Inbox-Microsoft Outlook � �Farms � fM Meeting schedule 2008-..,� �BROS^dNtc-ch Doamerrt... � « � �� 2:32 PM TOWN OF NORTH ANDOVER of No oTN qti qT 6 T O Building Department * _ +� 1600 Osgood Street Building 2- Suite 2-36 Building Dept gc►+uSE North Andover MA 01845 Tel: (978) 688-9545 Fax (978) 688-9542 COMPLAINT FOR INVESTIGATION Y 3 DATE: tu TEL #: NAME OF COMPLAINTANT: �JU It o � 27r c47 ADDRESS: 3 LA 01010—� COMPLAINT TYPE: Electrical: Quirc�z,,� j Plumbing: � � S � � ��11 Coe Gas: o ee S /17� Q-4A Building: Property Owner: Address: Other: Signed: 1 Complaint Form Revised 6.2007 / 7� � S Act ; y ' Location / 1/3 t A C Y No. O( Date 7-6 -e� NORTN TOWN OF NORTH ANDOVER F 9 } Certificate of Occupancy $ Building/Frame Permit Fee $ swcNus Foundation Permit Fee $ Other Permit Fee $ TOTAL $ 5 A � Check # 10 F Building Inspector TOWN OF NORTH ANDOVER BUILDING DEPARTMENT APPLICATION TO CONSTRUCT'REPAIR,RENOVATE, OR DEMOLISH A ONE OR TWO FAMILY DWELLING Th&`Sec .for Off>tcid-Use Oil BUILDING PERMIT NUMBER 0 / DATE ISSUED: / `a AsM �CSIGNATURE: "110 Building Commissioner/Inspector of Buildings Date z SECTION 1-SITE INFORMATION O 1.1 Property Address: 1.2 Assessors Map and Parcel Number: Map Number Parcel Numb 1.3 Zoning Information: 1.4 Property Dimensions: Zoning District Proposed Use Lot Area(so Frontage R) 1.6 BUTLDING SETBACKS ft Front Yard Side Yard Rear Yard Required Provide Required Provided Required Provided v 1.7 Water Supply M.G.L.C.40.§54) 1.5, Flood Zone Information: 1.8 Sewerage Disposal System: D. Public 0 Private ❑ Zone Outside Flood Zone 0 Municipal ❑ On Site Disposal System SECTION 2-PROPERTY OWNERSHIP/AUTHORIZED AGENT M 2.1 Owner of Record Name(Print) Address for Service: S'ignAture Telephone 2.22 Owner of Record: Name Print Address for Service: O z M Signature Telephone SECTION 3-CONSTRUCTION SERVICES 3.1 Licensed Construction Supervisor: Not Applicable Licensed Construction Supervisor: O License Number Address Expiration Date R Signature Telephone r 3.2 Regi9 tered Home Improvement Contractor Not Applicable ❑ v CompanAName M Registration Number r Address r z Expiration Date n Sienature Telephone V SECTION 4-WORKERS COMPENSATION(M.G.L C 152 § 25c(6) Workers Compensation Insurance affidavit must be completed and submitted with this application. Failure to provide this affidavit will result in the denial of the issuance of the building permit. Signed affidavit Attached Yes.......❑ No.......0 SECTION 5 Description of Proposed Work check all applicable) New Construction 0 Existing Building 0 Repair(s) ❑ Alterations(s) 0 Addition 0 Accessory Bldg. 0 Demolition ❑ Other pecify y� Brief Description of Proposed Work: f & is as" SECTION 6-ESTIMATED CONSTRUCTION COSTS Item Estimated Cost(Dollar)to beUSE ONLY Completed by permit applicant 1. Building (a) Building Permit Fee Multiplier 2 Electrical (b) Estimated Total Cost of Construction 3 Plumbing Building Permit fee(a)X (b) 4 Mechanical HVAC 5 Fire Protection 6 Total (1+2+3+4+5) 'q *s-On. ' Check Number SECTION 7a OWNER AUTHORIZATION TO BE COMPLETED WHEN OWNERS AGENT OR CONTRACTOR APPLIES FOR BUELDING PERMIT 1, ©}KUL as Owner/Authorized Agent of subject property Hereby authorize to act on My behal; i al, matters r lative work authorized by this building permit application. Si naturd`c(fOwner Date SECT16N 7b OWNER/AUTHORIZ D AGENT DECLARATION 1, as Owner/Authorized Agent of subject property Hereby declare that the statements and information on the foregoing application are true and accurate,to the best of my knowledge and belief Print Name Signature of Owner/Agent Date NO. OF STORIES SIZE BASEMENT OR.SLAB RD SIZE OF FLOOR TIMBERS 1 2 3 SPAN DIMENSIONS OF SILLS DIMENSIONS OF POSTS DIMENSIONS OF GIRDERS HEIGHT OF FOUNDATION THICKNESS SIZE OF FOOTING X MATERIAL OF CH NMY IS BUILDING ON SOLID OR FILLED LAND IS BUDDING CONNECTED TO NATURAL GAS LINE FORM - U - LOT RELEASE FORM INSTRUCTIONS: .This form is used to verify that all-necessary approval/permits from Boards and Departments having jurisdiction have been obtained. This does not relieve the applicant and or landowner from compliance with any applicable requirements. APPLICANT PHONE i76-603A/&-L/ ASSESSORS MAP NUMBER /t _f7 LOT NUMBER 0167 SUBDIVISION LOT NUMBER STREET 1(4,3 &ax ye i STREET NUMBER 143 amommommummumim OFFICIAL USE ONLY OF TOWN AGENTS !,-/&M0WSERVATI0N&XDRATOR DATE APPROVED 20�Tu ,2 DATE REJECTED CONnyIENTS 11'k'I- / Stcpj�A n je 0,pUkz M jj CIO 04tx p ,4 Joe -�l�und f10� W/ 6061 A 'p 4ev-1- Shoos a pe<tRoK &4- a p Pestel act _peo( iKs+mac tar.-7 Nbf-ACl. —fG_ /Utas-arced t r�all zs` De 0 r"el +(� ool oulsi,x nvx IDs'stWu y DATE APPROVED TOWN PLANNER DATE REJECTED COMMENTS DATE APPROVED FOOD PECTOR-HEAL DATE REJECTED DATE APPROVED -7 b $� , E C INSPECTOR-XEALTH DATE REJECTED COMMENTS PUBLIC WORKS-SEWER/WATER CONNECTIONS DRIVEWAY PERMIT DATE APPROVED FIRE DEPARTNIENT DATE REJECTED COMMENTS RECEIVED BY BUILDING INSPECTOR DATE CERTIFIED PLOT PLAN N ' FND/dh tis !� o C'�� p�O°6 l cn N/F P yti�9h y J s PERROTTA s FND/dh 5, LOT 6—A 101,713 S.F. t � 2.34 AC. Ak AL �I \ 2 AL AL .8J � FND/dh FND/H&T N S). NEW FOUNDATION 9 T F: 108, soy, h, LOT 5-A SWELL /1 � FND/Hub/ 01 o. REAR PORTION OF SUBJECT LOT - NOT SHOWN SEE PLAN 5111505 ENDRD's ZONE: R-1 (UNIMPROVED) REQ'D. SETBACKS. FRONT. 30' SIDE: 30' REAR: 30' - 1 HEREBY CERTIFY TO ALL INTERESTED �~rOFr4 PARTIES: THAT THE STRUCTURE(S) SHOWN ,� SS HEREON HAVE BEEN LOCATED BY FIELD SURVEY r JOHN ��'' AND THAT SAID STRUCTURE(S) CONFORM TO THE NOTE o D. yG DIMENSIONAL AND SETBACK REQUIREMENTS OF THE SUBJECT IMPROVEMENTS ARE NOT CHURCH rte^ TOWN OF NORTH ANDOVER ZONING BY-LAWS. LOCATED WITHIN AN IDENTIFIED FLOOD -36112 HAZARD AREA ACCORDING TO THE APPLICABLE v FEMA/HUD FLOOD INSURANCE RATE MAP, ! �F y►r COMMUN[TY-PANEL 250098 0009 B, Fss�o D-67kw, DATED JUNE 15,, 1 83. �p Su��E,'l� JOHN D. CHURCH, PLS DATE NORSE ENVIRONMENTAL SERVICES, INC. LOCATION: 3 PONDVIEW PLACE LOT 6—A LACY STREET TYNGSBOROUGH, MA 01879 NORTH ANDOVER, MASS. (508) 649-9932 SCALE: 1'= 50' DATE: 9-27-95 f NOIITN • # • TOWN OF NORTH ANDOVER #�+ # BUILDING DEPARTMENT 400 OSGOOD STREET NORTH ANDOVER MA 01845 978-688-9545 978-688-9542 Fax HOMEOWNER LICENSE EXEMPTION Please print DATE JOB LOCATION ( � Q W j [ �` 016 7 Number Street Address Map/Lot HOMEOWNER K K ��/t/fc, / � ~ 3 33.2-_ Name /`__ HomePh/,one Work Phone PRESENT MAILING ADDRESS j�3 (OC V cS- At AdQ21.31 • No Q PVS 4441� 'City/Town State Zip Code The current exemption for"homeowners"was extended to include owner-occupied dwellings of two units or less and to allow such homeowners to engage an individual for hire who does not possess a license,provided that the owner acts as supervisor. (State Building Code Section 108.3.5.1.) DEFINITION OF HOMEOWNER: Person(s)who owns a parcel of land on which he/she resides or intends to reside,on which there is or is intended to be,one or two family dwelling,attached or detached structures attached or detached structures accessory to such use and/or farm structures. A person who constructs more than one home in a two-year period shall not be considered a homeowner. The undersigned"homeowner"assumes responsibility for compliance with the State Building Code and other Applicable codes,by-laws,rules and regulations. The undersigned"homeowner"certifies that he/she understands the Town of North Andover Building Department minimum inspection procedures and requirements and that he/she will comply with said procedures and requirements. HOMEWOWNER'S SIGNATURE V/� APROVAL OF BUILDING OFFICIAL OF STEVEN 2° f P, L>5� ERIKSENARA No. 886 •.r ��,"t",c� Lo-r s-A S4NITPk, N I r NEW FowNt�ATIoN 35� g A LOT G4 NSF A- 29.51 \ 2.34 Ac B-4a' PERROTTA ' -Lh4 I A-7z.5' 8- 85.5 AS-BUILT SURVEY A- 75,5` Lot 6-A LACY STREET $- 12.0 N . ANDOVER , MA - 1 " = 20 ' Date : 11-14-95 _ I Owner : J . O 'MAHONY I Installer : C . TODD I I / Locat_ ._o.n_ E I e v a_tio_n I I __---- I Top Foundation . . . . . . 107 .79 Z Foundation Outlet . . . 10S .22 I / Tank Inlet . . . . . . . . . . 104 .88 I I Tank Outlet . . . . . . . . . 104 .62 I / D-Box Inlet . . . . . . . . . 104 . 15 I I D-Box Outlet . . . . . . . . 103 .99 I I Beg . Trench #1 . . . . . . 103 .99 I ' #2 . . . . . . 103 .88 I A 125' End Trench #1 . . . . . . 103 .69 j 6.134' 1. #2 . . . . . . 103 .72 Bot . Trench #1 . . . . . . 102 .61 #2 . . . . . . 102 .63 A -/23 r NORTH Town of over No. S -71 11L dover, Mass., J- 0 LA E COCHICHEWIC RATED BOARD OF HEALTH Food/Kitchen PERMIT T r 46 bowlerhw� Septic System BUILDING INSPECTOR THIS CERTIFIES THAT 0 . _4o....*......34 .... .. .............. ..................... Foundation has permission to erect.... 0.1go-74F . buildings on...... ....... 4.er.Y.....4 • ................... .... ..... ... to be occupied as........ Above G#%0V0( Ppol teo &%-r.......t..................................... Rough .p�e-o,( Chimney . .............................. provided that the person accepting this permit shall in every respect conform to the terms of the application an file in Final this office, and to the provisions of the Codes and By-Laws)re ating to the Inspection, Alteration and Construction of / Buildings in the Town of North Andover. 10 r r# I PLUMBING INSPECTOR VIOLATION of the Zoning or Building Regulations Voids this Permit. Rough Final PERMIT EXPIRES IN, 6 MONTHS UNLESS CONSTRUCTION STARTS ELECTRICAL INSPECTOR Rough ... .. .... Service,, ............................ ....... BUILDING INSPECTOR Final Occupancy Permit Required to Occupy Building GAS INSPECTOR Display in a Conspicuous Place on the Premises — Do Not Remove nagh FiR No Lathing or Dry Wall To Be Done FIRE DEPARTMENT Until Inspected and Approved by the Building Inspector. Burner Street No. SEE REVERSE SIDE Smoke Det. a L:©T 6 A .2.34 AC.± Q o� i V ('gyp I. LL s4 } L.Y 4 � z i 1 \ L 1EDGE OF FLAGGED 9// WETLAND ! t f V5 /•� '— . Cfj/ R '1A?,V:- L r 57 is F— 7 1 LACY STREET a Location E1 3 LAC T No. Z Z$r Date 4M TOWN OF NORTH ANDOVER p Certificate of Occupancy $ r— + Building/Frame Permit Fee $ a2. Foundation Permit Fee $ swcNus Other Permit Fee $ 'r Sewer Connection Fee $ Water Connection Fee $ TOTAL $ J4?-Z� /�, 4t 'Z"'Z'� 24-wilding Inspector ��►►��6� ; 10/17/95 16:52 1,492.00 PAID Div. Public Works 1 Location.3 -LI No. Z� Date 't N°RT" TOWN OF NORTH ANDOVER itimidk S Certificate of Occupancy $ Building/Frame Permit Fee $ ;�sswcMU Foundation Permit Fee $ Other Permit Fee $ Sewer Connection Fee. $ Water Connection Fee $ TOTAL $ Buil 150 Inspector 150 05/30/95 14:23 .00 PATI? -�t Div. Public Works Id3 Location ZZ No j Date 401t7p TOWN OF NORTH ANDOVER 41 Certificate of Occupancy $ _ Building/Frame Permit Fee $ Foundation Permit Fee $ Other Permit Fee $ Sewer Connection Fee $ Water Connection Fee $ ----'—' TOTAL $ 'ng I ctor 1 8353 %5 3 D�/ip- P is Works (y c}er PER-MIT NO. a��- /APPLICATION FOR PERMIT TO BUILD — NORTH ANDOVER, MASS. PAGE 1 MAP K-4O.' LOT NO. 6 ,9- 2 RECORD OF OWNERSHIP IDATE BOOK PAGE ZONE I SUB DIV. LOT NO. I : LOCATION IqS j is, PURPOSE OF BUILDING -% lJ -ij c6 OWNER'S NAMENkift NO. OF STORIES (• S� OWNER'S ADDRESS Int q•'fl�f BASEMENT OR SLAB t�J'f3 (� ��An �/`p t ARCHITECT'S NAME 'rL -DA v1,5, 7 -ow��.r' ww�`ll/ SIZE OF FLOOR TIMBERS 1ST n � i' 2ND h N3JRKD• arA�bY► • BUILDER'S NAME V SPAN V /� Fc'L•''T'— DISTANCE TO NEAREST BUILDING DIMENSIONS OF SILLS�v --- DISTANCE FROM STREET POSTS DISTANCE FROM LOT LINES-SIDES. REAR „�Ktoo " GIRDERS s AREA OF OF LOT 9,3FRONTAGE- HEIGHT OF FOUNDATION THICKNESS IS BUILDING NEW Yl t SIZE OF FOOTING X 51- IS BUILDING ADDITION /j1� 1(� MATERIAL OF CHIMNEY � IS BUILDING ALTERATION V /I / IS BUILDING ON SOLID OR FILLED LAND WILL BUILDING CONFORM TO REQUIREMENTS OF CODE / C — IS BUILDING CONNECTED TO TOWN WATER l /V0 t BOARD OF APPEALS ACTION. IF ANY / IS BUILDING CONNECTED TO TOWN SEWER A/V IS BUILDING CONNECTED TO NATURAL GAS LINE v D INSTRUCTIONS 3 PROPERTY INFORMATION JA LAND COST'vi/ .V �f�� / SEE BOTH SIDES PERMIT FOR FOUNDATION ONLY f v 7- (C Q Q (� EST. BLDG. OST XLAiefLo • PAGE 1 FILL OUT SECTIONS I - 3 REGULATED BY PARA. 1��•H�S• R Y•�•• EST. BLDG. COST PER SQ. FT. PAGE 2 FILL OUT SECTIONS I - 12 ,�,// G EST. BLDG. COST PER ROOM �U 4 S L'[t PAID too -"'-^ SEPTIC PERMIT NO. ELECTRIC METEPS MUST BE ON OUTSIDE OF BUILDING DATE FLC AI f� 4 APPROVED BY ATTACHED GARAGES MUST CONFORM TO STATE FIRE REGULATIONS ) M PLANS MUST BE FILED AND APPROVED BY BUILDING INSPECTOR DATE FILED NUILDING INSPRCTOR SIGNATU F OWNER OR AUTH E AG T //7 PERMIT GRANTED F E E 6 S ;Z ©O OWNER TEL.# /�Y l-ro/0�71i �'` ocs C/O PERMIT FOR FRAMUBUILDING CONTR.TEL.# C1 is �'l�' 410AM -( A DATE:_______ FEE PAID• CONTR.LIC.# H.I.C.# 1 1995 �..�33 «, 'S'3 0 ` r BUILDING RECORD 1 OCCUPANCY 12 t SINGLE FAMILY STRIES THIS SECTION MUST SHOW EXACT DIMENSIONS OF LOT AND DISTANCE FROM MULTI. FAMILY �0_10FICES LOT LINES AND EXACT DIMENSIONS OF BUILDINGS. WITH PORCHES. GA. APARTMENTS RAGES. ETC. SUPERIMPOSED. THIS REPLACES PLOT PLAN. CONSTRUCTION 2 FOUNDATION 8 INTERIOR FINISH ' CONCRETE 3 t 2 13 CONCRETE BL'K. PINE BRICK OR STONE HARDW D _ PIERS PLASTER •- _ DRY WALL _ UNFIN. 3 BASEMENT AREA FULL FIN. B M T' AREA _ '/. 1/2 '/. FIN. ATTIC AREA _ N_O B M T FIRE PLACES _ HEAD ROOM MODERN KITCHEN 4 WALLS I 9 FLOORS CLAPBOARDS B 1 2 3 DROP SIDING CONCRETE WOOD SHINGLES EARTH ASPHALT SIDING HARD\!J'D ASBESTOS SIDING COMMON VERT. SIDING ASPH. TILE STUCCO ON MASONRY STUCCO ON FRAME_ BRICK ON MASONRY ATTIC STRS. 8 FLOOR BRICK ON FRAME I "` � - ; •1�4�•r•: !v ,�� E' i'.T J� CONC. OR CINDER BLK. STONE ON MASONRY WI NG STO EON FRAME C IA SUPERIOR OR ADEQUATE i LOO •-- `"` -^ ^`�^^-•�-• I 5 ROOF 10 PLUMBING GABLE I HIP V I BATH (3 FIX.I LAMB REL MANSARD TOILET RM. (2 FIX.) FLAT SHED ATER CLOSET ASPHALT SHINGLES LAVATORY WOOD SHINGES KITCHEN SINK SLATE NO PLUMBING _ TAR & GRAVEL STALL SHOWER _ ROLL ROOFING MODERN FIXTURES TILE FLOOR TILE DADO 6 FRAMING 11 HEATING WOOD JOIST PIPELESS FURNACE -+�*-�t {;moi- r r} '^•'• '#_t.+'CI'!' - - FORCED HOT AIR FURN. TIMBER BMS. &COLS. STEAM STEEL-.BMS. & COLS. PPOT W'T'R OR VAPOR WOOD RAFTERS _ AIR CONDITIONING t RADIANT H'T'G «""^"''��•-+«..w� ,..:t r �.� UNIT HEATERS 7 NO. OF ROOMS GAS OIL B'M'T 2nd ELECTRIC �•� Ell 13rd NO HEATING N rwma L':•*tz �2 � �'=24 v r sem o - NORTH Town of �r 19Andover O No. 225 _r • 0dover, Mass., NAU 30 19 s O e' LAKE A_ COCHICHEWICK ADRATED PV �y BOARD OF HEALTH iPERMIT T D Food/Kitchen Septic System THIS CERTIFIES THAT p BUILDING INSPECTOR ... .... ...�c1 aY........ "........................................................................... Foundation ra has permission to erect...LQCM.....WU'IYI,f;. buildings on AAA...... y....... .......................•.•........•••• Rough to be occupied as . .. ( 1... �.�.n. 2...5!4► .,... !4R!4. ............... ......... Chimney provided that the person accepting this permit shall In every r spect onform to the terms of the application on file In Final this.office, and to the provisions of the Codes and By-Laws relating to the Inspection Alteration and Construction of Buildings In the Town of North Andover. PERT FOR FOUNDATION ONLY PLUMBING INSPECTOR VIOLATION of the Zoning or Building Regulations Voids this Permit. REGULATED BY PARA. 114.8-S. B.C. Rough PERMIT EXP 6MM-H 1S FEE PAID Final w ELECTRICAL INSPECTOR UNLESS CO STR T Rough ... ........ Service BUILDING S TOR Final Occupancy Permit Required to Occupy Building GAS P OR Dis la in a Conspicuous Place on the Premises — Do Not Remove �� mug Qv -Display p Q10 No Lathing or Dry Wall To Be Done Until Inspected and Approved by the Building Inspector. `� FIRE DEPARTMENT �'` Burner PLANNING FINAL CONSERVATION FINAL Street No. Smoke Det. SEWER/WATER FINAL DRIVEWAY ENTRY PERMIT FOR14 II - LOT RELEASE FOR14 INSTRIICTIONSs' This form is used to verify that all necessary y approvals/permits from Boards and Departments having jurisdiction have been obtained. This does not relieve the applicant -and/or landowner from compliance with any applicable local or state law, regulations or requirements ****************Applicant fills out .this section***************** �APPLICANT: �C� yV �l Tb�'_ Phone 41 '2 -- 6kJ LOCATION: Assessor's Map Number Parcel '9 subdivision Lots) ' treet L 1VCY 51 St. Number 143 ************************Official Use Only************************ RECOMMENDATION O AGENTS: 71 Date Approved Aaw Conservation Administrator Date Rejected Comments n_ o Date Approved Town Planner ��.,pp Date Rejected Comments 11'� V� fbun iA� Date Approved Food Inspector-Health Date Rejected Date Approved Septic Inspector-Health Date Rejected Comments Pf�blic Works - sewer/water connections %(��U r� -/D 5S - driveway permit l S-lO-gs re Depa tm ire i h � W,r�� l { c��PC�d I Citi 1 car p 1. �,2ireo cam- r- • �►� �!� lS- � en� , Received by Building Inspector Date Town of North Andover BUILDING DEPARTMENT Homeowner License Exemption (Please print) DATE L JOB LOCATION 3 Number Stre t Address Section of town "HOMEOWNER" Name Home Phone Work Phone -r"(C& 3a7-�7o� PRESENT MAILING ADDRESS _ dt�C'L�� l�f►` d�i ?� City Town State Zip code The current exemption for "homeowners" was extended to include owner -occupied dwellings of six units or less and to allow such homeowners to engage an individual for hire who does not possess a license , provided that the owner acts as supervisor . (State Building Code, Section 109 . 1 . 1) DEFINITION OF HOMEOWNER: Person(s ) who owns a parcel of land on which he/she resides or intends to reside , on which there is , or is intended to be , a one to six family dwell- ing , attached or detached structures accessory to such use and/or farm structures . A person who constructs more than one home in a two-year period shall not be considered a homeowner. Such "homeowner" shall submit to the Building Official, on a form acceptable to the Bulding Official , that he/she shall be responsible for all such work performed under the building permit . (Section 109 . 1 . 1) The undersigned "homeowner" assumes responsibility for compliance with the State Building Code and other applicable codes , by-laws , rules and regulations . The undersigned "homeowner" certifies that he/she understands the Town of North Andover Building Department minimum inspection procedures and requirements and that he/she will comply with said procedures and requirements . HOMEOWNER' S SIGNATURE APPROVAL OF BUILDING FFICIAL Note : Three family dwellings 35 ,000 cubic feet , or larger, will be required to comply with State Building Code Section 127 .0, Construction Control . 1995 l f . JOB i '? PAUL L DAVIES, A. I. A. ARCHITECT SHEET NO. OF 635 Rogers Street Unit 4 LOWELL, MASSACHUSETTS 01852 CALCULATED BY DATE (508) 459-2154 CHECKED BY DATE SCALE �f ........ . ,� 8 . ... ... .._... r � �f 'GcdcLf F-(z .4-44 3r ,�Z�B57,3� Fly G _.. PRODUCT 2011(Single Sheets)205-1(Padded)®®Mc.,Groton,Mass,01171.To Order PHONE TOLL FREE 14*225fi780 - - 1 CERTIFIED PLOT PLAN N FND/dh �—E _ o ti N/F PERROTTA S F. h °v 1h I ate' • � W FND/dh �10� LOT 6—A I �` 101,713 S.F. l 2.34 AC. R \`69 •` 2 c� sir. �AL S h 0 moo. I FND/dh FND/H&T S), NEW FOUNDATION lea T F: s 108.I soy, h� LOT 5-A WELL FND/Hub u, 03 o. F REAR PORTION OF SUBJECT LOT - NOT SHOWN SEE PLAN #11505 ENDRD's ZONE: R71 (UNIMPROVED) REQ'D. SETBACKS: FRONT: 30' SIDE. 30' REAR: 30' 1 HEREBY CERTIFY TO ALL INTERESTED -0FPARTIES: THAT THE STRUCTURE(S)CTURE(S)) SHOWN �t�Js HEREON HAVE BEEN LOCATED BY FIELD SURVEY r JOHN ANO THAT SAID STRUCTURE(S) CONFORM TO THE Or 9c DIMENSIONAL AND SETBACK REQUIREMENTS OF THE SUBJECT IMPROVEMENTS ARE NOT CH DRCH �` TOWN OF NORTH ANDOVER ZONING BY-LAWS. LOCATED WITHIN AN IDENTIFIED FLOOD --36112 HAZARD AREA ACCORDING TO THE APPLICABLE FEMA/HUD FLOOD INSURANCE RATE MAP,COMMUNITY-PAN !? 6S��p DATED JUNE 15,1983. 250098 0009 B, �D suft � JOHN D. CHURCH, PLS DATE NORSE ENVIRONMENTAL SERVICES, INC. LOCA11ON: 3 PONWAEW PLACE LST 6—A LACY STREET TYNGSBOROUGH, MA 01879 NORTH ANDOVER, MASS. (508) 649-9932 SCALE: 1"= 5o' DATE: 9-27-95 Location Jq ,3 /Y r, No. 22'5 — C= Date0q4 /— N50 TOWN OF NORTH ANDOVER A Certificate of Occupancy $ # Building/Frame Permit Fee $ M. ,. r �,SSA"Db ��i r`Fou dation Permit Fee $yY ermit Fee $ & Sewer Connection Fee $ Water Connection Fee $ TOTAL $ Z S U'' n?�9 ) i4 'AAZ N,4+ 52-5// uilding Inspector /09 25-00 25.00 PAID +I s ' • Div. Public Works I - wn la - azo Main sic, 018:45 K.�RSrt H.P. dei S0` =To - NORTH ANDOVER 682- pin - crcr d _ BCTLDING COSSERATIUN ``. .►` ct m=Xof . HEALTH PL NNlNG 3 CONLNIUN,= DEVEL0P.NMNT CSI"�*I cY APPLICATION AND PIER-MIT PERMIT LCCyT_I�:N S BL;I LZER' S MASON ' S Whir.. s aDDR?Ss _`d�.I_ --{T`�=CR C=�:'L�IL 1 //G•/ u i W4 71 and —n racelvea: L+es l�_- S-li.nTu� tZ:. OF t`SC`i !/ CCivIR. LIC. = i .4 _ . C^r'ISTRt:C�'iCiS CC.��.'C�• --_-- =i�Cr' ..TTS-...� - =- RC3L_,_ NIC-TT . , I_s EC. D � RZMA.RRS THIS PL_-c`1__ _£L.._ n_ DISPLAYED' THE PR_�.IISL.. e. w Y FORTH of � �� Y< over e ,.yt.: .. :,.lY4 o = ``T`-14iorth, dover, Mass.jMu, .3619 COCr CrIEWICK � p4ATED BOARD OFiA IT T D HEALTH LJ Food/Kitchen Septic System62 C:- BUILDING INSPECTOR: _ " THIS CERTIFIES THAT.. hta-...J;.....0:.:�. :�. �1. ..�� .....................................:...,................................ oundation .(k� •,, has permission to erect.tAow 4... uildings on ..11.1.....ta. ..�. .+.......................:................. se141 C_ to be occupied as.-.. .. provided that the person accepting this permit S1 in every rdspect conform to t e terms of a appli tion on file in n this office, and to the provisions of the Codes and By-Laws relating to the Inspection Alteration and Construction of Buildings in the Town of North Andover. PERWIT FOR FOUNDATION ONLY PLUMBING INSPECTOR - REGULATED BY PARA. 114.8-S. B.C. �1�' VIOLATION of the Zoning or Building Regulations Voids this Permit. /f l 6—9' a PERMIT EXPIRFS IN 6M. �' �`' EEE PAID t� �' in UNLESS CONSTRUCTION Tf�RT ELECTRICAL SPE / _ ou � Sery PFR�1IT FOR FRAMUBUILDING ' . ce 00"Rcloorl • BUI ING INSPECTOR Fi al ��i"�' DATA, � ,.FLE PAID ` Occupancy Permit Required to Occupy Building GAS INSPECTOR Display in a Conspicuous Place on the Premises — Do Not Remove Rough Final No Lathing or Dry Wall To Be Done Until Inspected and Approved by the Building Inspector. FI��DE��PA�RTME T PLANNING FINAL CONSERVATION F AL s ate' t moke Det. SEWER/WATER FINAL DRIVEWAY ENTRY PERMIT s CERTIFICATE OF USE & OCCUPANCY Town of North Andover Building Permit Number 225 (1995) Date OCTOBER 7, 1996 THIS CERTIFIES THAT THE BUILDING LOCATED ON 143 LACEY STREET MAY BE OCCUPIED AS SINGLE FAMILY DWELLING WI2 CAR GARAGE IN ACCORDANCE WITH THE PROVISIONS OF THE MASSACHUSETTS STATE BUILDING CODE AND SUCH OTHER REGULATIONS AS MAY APPLY. "• �T rho CERTIFICATE ISSUED TO .john J3, 0'Mahony, Jr 0; , "pp P. 0. Box 1183 w ADDRESS M CHUS uil ng Inspector _. 111L/W1-r-A 11I 1r(1 la Vl lIJL J1.J\Jf♦4L 1VU A 1U r -- ...j DFPARTAI&WOFPUBLIMFEIY UV4 Permit No. BOARDOFF&EPREVE ONRECUTATIOAS527CtifR12. 0Occupancy&Fees Checked PPUCATIONFOR PERMIT TO PERFORM ELECRICAL WORK ALL WORK TO BE PERFORMED IN ACCORDANCE WITH THE MASSACHUSSTS ELECTRICAL CODE, 527 CMR 12:00 C(PLEASE PR NT IN INK OR TYPE ALL INFORMATION) Date Town of North Andover To the Inspector of Wires: The undersigned applies for a permit to perform the electrical work described below. Location Street&Number Owner or Tenant Owner's Address c Is this permit in conjunction with a building permit: -� Yes No (Check Appropriate Box) Purpose of Building Roo i L 1,--6, &S1 e Utility Authorization No. Existing Service Amps f {) Volts Overhead Underground 13 No.of Meters New Service Amps / Volts Overhead Underground No.of Meters Number of Feeders and Ampacity Location and Nature of Proposed Electrical Work No.of Lighting Outlets No.of Hot Tubs JNo.of Transformers Total KVA No.of Lighting Fixtures Swimming Pool Above Below Generators KVA ground ground No.of Receptacle Outlets No.of Oil Burners No.of Emergency Lighting Battery Units No.of Switch Outlets _ No.of Gas Burners No.of Ranges No.of Air Cond. Total FIRE ALARMS No.of Zones Tons r_VNo.of Disposals No.of Heat. Total Total No.of Detection and Pumps Tons KW Initiating Devices No.of Dishwashers Space Area Heating KW No.of Sounding Devices No.of Self Contained Detection/Sounding Devices No.of Dryers Heating Devices KW Local 0 Municipal Other 'ater Heaters KW No.of No.of Connections Signs Bailasis Massage Tubs No.of Motors Total HP PtasuattolheragtaanaisafMassadtzse�GaraalLata+s YES ��. L�rldyhmramePt�hcY� �► ('aeagearrtiala}rivale3t NO bm validpredofsamewhe016ot YES M NO Q IfjwhatedwdwdYES,pimenk*the4peofa Ara byc mkmgthe � � a (�S�) 3- 6(-C) �2 EViaimDaie InspaWmD* d Ratgtl EstimaoedVahre Wo>ic$ FkW /it C 173 it/0 _ C30 7 f �--- / &&=TdNa f1 6 � ` � Alt Tel Na ? _ 'SINSIIRANCEW •Ianaw=hAtheI.ioa�setbesmtt etheimtraneWMFris�Irdiale#valatasmp WbyM�aBtsGaraallam s gmkncnthispem>dappfia6mwrAsthistamanalt check one) Owner M Agent a Telephone No. PERMIT FEE S Office Use 0 7� 0140 Cnnmm ulumit4 of fttsstt =its Permit No. �5 Deprttnent of Vuhlit *afetq occupancy,&Fee Checked BOARD OF FIRE PREVENTION REGULATIONS 527 CMR 12:00 3/90 0eave blank) APPLICATION FOR PERMIT TO PERFORM ELECTRICAL WORK All work to be performed in accordance with the Massachusetts Electrical Code, 527 CMR 12:00 q i (PLEASE PRINT IN INK OR TYPE ALL INFORMATION) Date or Town of NORTH ANDOVER To the Inspector of Wires: The udersigned applies for a permit to perform the electrical work described below. Location (Street & Number) Owner or Tenant �2 Owner's Address r`� - ( �Z I--` 09 Is this permit in conjunction with a building permit: Yes pro ❑ (Check Appro9L�`7��, Purpose of Building F*,m Utility Authorization No. Existing Service Amps _J Volts Overhead r❑ Undgrnd No. of Meters arr/ / New Service Amps rVolts Overhead a Undgrnd U No. of Meters Number of Feeders and Ampacity Location and Nature of Proposed Electrical Work Total No. of Hot Tu..s No. of Lighting Outlets I b I No. of Transformers KVA No. of Lighting Fixtures f Swimming Pool grovel In- _! n- �-- I grnd. _ gmd. _ Generators KVA No. of Emergency Lighting No. of Receptacle Outlets U No. of Oil Burners I Battery Units No. of Switch Outlets I No. of Gas Burners FIRE ALARMS No. of Zones No. of es Ran No. of Air Cond. Total No. of Detection and 9 tons Initiating Devices No. of Disposals Dis No.of Heat Totai Total p v! Pumos Tons KW No. of Sounding Devices No. of Self Contained No. of Dishwashers I Soace/Area heating KW Detection/Sounding Devices No. of Dryers f I Heating Devices KW Local Municipal Other ry E] Connection No. of No. of Low Voltage No. of Water Heaters KW I Signs Ballasts Wiring No. Hydro Massage Tubs I No. of Motors Total HP OTHER: INSURANCE COVERAGE: Pursuant to the reowrements of 'Massachusetts general Laws I have a current Liability Insurance Policy including Ccmcieted Operations Coverage or its substantial equivalent. YES = NO = 1 have submitted vali proof of same to the Office. YES -- NO = If you have ch ked YES. please indicate the type of coverage b checking the ap r priate box` _ /Iww/� INSURANCE BOND OTHER (Please Scec:ty)[ ( LAM t� (Expiration Date) Estimated Value of Electrical Work S Work to Start Inspecuon Date Requested: Rough Final Signed under the Penalties of perjury: FIRM NAME LIC. NO. Si / LIC. NO. � natur g Licensee // us el. No. Address I `( � A O Alt. Tel. No. OWNER'S INSURANCE WAIVER: I am aware that the Licensee does not have the insurance coverage or its substantial equivalent as re- quired by Massachusetts General Laws. and that my signature on this permit application waives this requirement. Owner Agent (Please check one) ,Y✓� Teles:hone No. PERMIT FEE 5 ignature of Owner or Agent) x-6565 C5ZV 1J� /�✓ Date.... 7 T 2724 f NCR7M a e " TOWN OF NORTH ANDOVER 32, �•,�,-.., oL PERMIT FOR WIRING ,SSACMUSE� ' `/This certifies that ........ .a...�.� .u......... .......... ...... �C( ? /................ has permission to perform ........W.' ' ..4 t:.......�.L .�.w....► .d. ..�.). wiring in the building of...... ........ .......................... at..../.. ............... :c(..v......ST............................ .North Andover,Mass. Fee. . .5.:.. C).. C / �i —1'-1V73� ELECTRICAL INSPECTOR� / S 11/30/95 11e20. 365.00 PAID WHITE:Applicant CANARY: Building Dept. PINK:Treasurer GOLD: File 1t Date.......................�. . 1 f NORTh TOWN OF NORTH ANDOVER p PERMIT FOR WIRING ass^CHUS a U ��, t� Thiscertifies that ................................... ......................................................... has permission to perform ..... �'�' ' ..... ................................................................... �vtia � wiring in the building of.......LQ......l1�1A...........................`.'........................................ at...... y.3:......t"14. .`�......`3.�..................... .North Andover,Mass. J uS l�a�la • t"�Ir2t4�l��t�. IkAk(C I._. Fee..................... Lac.No. ............ ................................. ............................. ELECTRICAL INSPECTOR Check # �9 3 Sb86 aaaai wire rave rrr a.rauaaa vi arat a..,w,a.awavuaia au •-•••�..+w v...� -_ DEPARTl1&VfOFPi!IBLICS0ETY Penrut No. Se lg BOARD OFFIREPRE D"VVONREGUl4T10NSS27CNR12:00 r Occupancy&Fees Checked APPLICATIONFOR PERMIT TO PERFORMaECTRICAL WORK ALL WORK TO BE PERFORMED IN ACCORDANCE WITH THE MASSACHUSSTS ELECTRICAL CODE,527 CMR 12:00 (�, O LEASE PRINT IN INK OR TYPE ALL INFORMATION) Date T 7 Town of North Andover To the Inspector f res: The undersigned applies for a permit to perform the electrical work described below. Location(Street&Number) q C Owner or Tenant Owner's Address c Is this permit in conjunction with a building permit: Yes No a (Check Appropriate Box) Purpose of Building -Pto l L44 ra-9Jrja-(2U Utility Authorization No. Existing Service Amps / ' Volts Overhead M Underground Ezr_ No.of Meters / New Service Amps / Volts Overhead r-7 Underground Q No.of Meters —.�r—•_•._ Number of Feeders and Ampacity Location and Nature of Proposed Electrical Work 7 M 14 No.of Lighting Outlets No.of Hot Tubs JNo.of Transformers Total KVA No.of Lighting Fixtures Swimming Pool Above Below Generators KVA ground El grourid No.of Receptacle Outlets J No.of Oil Burners No.of Emergency Lighting Battery Units No.of Switch Outlets _ No.of Gas Burners No.of Ranges No.of Air Cond. Total FIRE ALARMS No.of Zones Tons No.of Disposals No.of Heat Total Total No.of Detection and Pumps Tons KW Initiating Devices No.of Dishwashers Space Area Heating KW No.of Sounding Devices No.of Sel f Contained Detection/Sounding Devices No.of Dryers Heating Devices KW Local a Municipal a Other Connections No.of Water Heaters KW No.of No.of Signs Bailasis No.Hydro Massage Tubs No.of Motors Total HP O I R• b hsena=Qmmge RumvYbtheiBWmTn$ 1Ht'1lSCa=WL3Ws ©� Iha�eaastartLiabt7dylemrarrePbfrY�dmgCrn>plele Coteearegtavalert YES NO Iharesub nftdvandptoofofS3W1DtheOfi=YES NO r7 Ifj mhmdiodWYES,pltmit*thetAiecfw&aWbydmkt<gthe CEBOND 0 MI-M 0 ftwespecify) ,+ Estim*d Vahaec Umftical Wade$ WctkioStat = r�( r��hgxrimD*Ra*x;tad Rath Final SiBttadunder�iePa>illfiesostpeljtay,. _ ,` FIRMNAME (.,-72 t'_ Lioa>,seNcL %7 7 U , --� - Lioatsee �lt�6-Ll (9 `Wc tt-4, � Sigiorte ` Li=wNo C 3� 7 j��.� BushmTdNTa f - - 7 g2. Arlinn f 7`s A1tTe1Na OW IER'SINSCIRANCEW •I.ammnt ddrLiomdmndhmi ertmra=amm etrits legluvala>tas gtkadbyMn,Nadnset C,-r a}Iaws and nWsi rukwcn Dspm*appficmonmu*N,Mth mgaim-at (Please check one) Owner M Agent Telephone No. PERMIT FEE.$