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HomeMy WebLinkAboutMiscellaneous - 273 BERRY STREET 4/30/2018N w �� w North Andover Board of Assessors Public Access Page I of 1 :North Andover Board of Assessors OMMIL -43Property Record Card D-.1 M -11 fill AQ 4--fMAO-AAAA A PV-1Al I - W-th A-1-- Location: 273 BERRY STREET Owner Name: OLIVER, ADELYN Owner Address: P.O. BOX 696 C4: WARRENSBURG State: NY Zip: 12885 Neighborhood: 5 - 5 Land Area: 0.92 acres Use Code: 101-SNGL-FAM-RES Total Finished Area: 1064 sqft Value: 278,600 279,700 ing Value: 82,500 83,600 Value: 196,100 196,100 Market Land Value: 196,100 Chapter Land Value: Sale Price: 46,000 Sale Date: 07/09/1981 Anns Length Sale Code: Y -YES -VALID Grantor: CONROY RICHARD J Cert Doc: Book: 01516 Page: 0321 http://csc-ma.us/PROPAPP/display.do?linkld=1 709402&town=NandoverPubAce 12/7/2011 LL w w U) LLJ U) U) '2 LLJ '2 0 LLI CL 2 C* m IV C) 0 L) CD IV 04 w C) M M 00 CD CD 0 C4 cc (40 c c co 00 0 Nt ca a) 0 cc 0) Lo c� U — 460 t5 t5 U) I (D m > Z cr 0 0 a) W ca a) a) a m -= a c a) o uj U) (D Z o 0) C: 2 ui 0 .5; CL 0 z < �L- (6(6 . CL 0) m Z 0 0 Z 04 0 0, LL (D 0) < i� -6 0. at C: c: cc cc LLI 0: 1,4 0 z 20 C-4 0: 0 0 LL CL:= a: 0 N 0 0 z 0 0 0 (D CO LL z Lo (o z C4 cli Ln 0 o co co 0-0 cc (D U) C:l CFO w IX Lo —j 0) cm o Lu > Fn Fn 4) L) g Ln N U) C� w � C=) cc 0 0 z U) 0 CD r- 0 co -q- 0 0 "iz-' E oo Lo 0— cq 0 0) E 0 co (D ca a- L) o L) (D (D 20) 11 11 Cf) o CL m co '516 C4 CL E F-- Cl co 0 :3 U) z a) F - 0 uj CL :3 0 z W— U) U) L) (L e CD CL >- 0 .. .. .. 6 CD Ln L: CL 0 F- > o C9 0 0 0 0 0 Go co -Fa co 6 :3 ;.: (;4 C-4 m -Fa -ffi t: o > > CD z c rn �5 U- E E C) 'o 0 0 U) c U) o CD < Co LL Co U) 0 M cc id 2 z CD > rl rn N < -0 o V 2 0 - 0 m I c Q iZ m E P: 4 IL � WJ x 0 m 0 0 a) x 2 Cc m D F- F- w 0 LL Cc id a) (1) LL (D 4j LL < M 2 E < m 0 or, oo z C LL 0 C LL C: L) o 'a W- �u 4- alo c - W 0 cr D D F- w >- 0 CL CM z LL. CD uj z W $D F- i:i cc LI: N 00 < 2 LU Ou) E 0 LL LL C'4 E Z- m:3 0 (o cc) co co 0 9L C,4 0 cc C13 00- 0 Z6 C3 C13 0 co 0 LL 04 0� m no (D -8 �!-- 4:- E = o �i a) :3 co -5� cu :tl_ U) (n z F- M LL M W M Y W M M < w z 0 > 0 z Z LU w I z cn w CL x z Ix 0 LU Cc: 45 4i L) Lu co > L� CL CL a) > co L) L) 0 F- F- Cc m a 3: o 'a -�; F-- w c o H(n 0 U) c 0 .2 0 -5� M o 0 ID 0 0 co of w 2 LL 1: U_ E 0 Dlw >1 0 co CL k1l ON, APPLICATION FOR CERTIFICATE OF OCCUPANCYJNSPECTIOI� ADDRESS/LOCATION OF PROPERTY: Map--/ eg�, Parcel Yc/ Lot Number— SUBDIVISION: DATE REQUESTED FILED/READY FOR INSPECTION: CLOSING DATE ON PROPERTY: ]BUILDING PERMIT # FIVE (5) DAYS NOTICE PRIOR TO CLOSING DATE IS REQUIRED ALL WORK AND SIGN -OFFS MUST BE COMPLETED WITHIN THIS TIME FRAME. A REINSPECTION FEE OF TWENTY DOLLARS ($20.00) WILL BE CHARGED IF THE STRUCTURE DOES NOT MEET ALL APPLICABLE CODES. APPLItANT SIGNATURE Permit Issued to: Address: ROUTING TOWN ENGINEER; SITE PLAN – DRIVE -WAY REVIEW CONSERVATION PLANNING F1 DPW -WATER METER ov-- SEWER CONNECTION T DPW MUST INDICATE THAT THE eAT. METER HAS BEEN INSTALLED PRIOR TO SUBMITTAL OF THE OCCUPANCY/INSPECTION REQUEST DPW (A71J U v SIGNATURE File: Application for OC form revised Jan 2007/2011 � __4_4 DEP FILE # 242-1523 LIMIT OF 50' NO -BUILD ZO (TYP.) 75'NO BUILD EPHEMERALPOOL HABITAT BUFFER ZONE LIMIT OF 100' :TLAND BUFFER ZONE UNDERGROUND UTILITIES STONE LANDSCAPE AREA (TYP.) BARK MULCHED LANDSCAPE AREA (TYP.) UNDERGROUND PROPANE TANK I A6 SC -310 � A6 ROOF RUNOFF NNI CHAMBERS (TYP.) LIMIT OF 25f NO -DISTURB ZONE\ 50.3' 50. V 200.00, TOWN 0 MA A8 A9 10 WELL SHRUB (TYP.) TREI (Typ FO WX FIELDSTONE I E,'L WALL LIMIT OF 50'NO DISTURB EPHEMERAL Sk- POOL HABITAT BUFFERZONE Alb A17 EPHEMERAL POOL Nashoba Anaiytical, LLC Tel: 978-3914428 Fax: 978-391-4643 LabNumber: 126888 31 A Willow Road, Ayer MA 01432 Website: http://www.NashobaAnslytical.com Use this number with all correspondence Client: Charles M. Rollins Co., Inc. 126 Depot Road Boxfbrd, MA01921 273 Berry Street, North Andover MA Parameter Method - Wellhead Sampled., lZ29/2011 11:00.00 AM by Client Total Coliforrn Bacteria, /100ml ENZ. SUB. SM9223 Calcium, MG/L EPA 200.7 Copper, MG/L EPA 200.7 Iron, MGlL EPA 200.7 Magnesium, MG/L EPA 200.7 Manganese, MG/L EPA 200.7 Sodium, MG/L EPA 200.7 Alkalinity, MG/L SM 2320B Ammonia, MG/L SM 4500-NH3-D Chloride, MG/L EPA 300.0 Chlorine, Free Residual, MG/L SM 4500 -CL -G Color Apparent, CU SM 2120B Conductivity, UMHOS/CM SM 251 OB Hardness, Total, MG/L SM 2340B Nitrate as N. MG/L EPA 300.0 Nitrite as N, MG/L EPA 300.0 Odor, TON SM 21 SOB pH, PH AT 25C SM 4500 -H -B Sediment, poslneg - Sulfate, MG/L EPA 300.0 Turbidity, NTU EPA 180.1 ReportDate: 1/3/2012 Certificate of Analysis Result MCL MRL Date of Analysis Analyst Absent Absent Absent 1213012011 10:00:OOAM M-MAIII8 44 Not Spec 1 12/30/2011 M -MAI I 18 0.1 1.3 0.01 12/30/2011 M -MAI 118 0.11 0.3 0.01 12/30/2011 M-MA1118 4.5 NotSpec 1 1213012011 M-MA1 118 0.014 0.05 0.005 12/30/2011 M-MA1118 8.2 See Note 1 12/30/2011 M-MAIIIS 69 Not Spec 1 12130/2011 M-MA1118 ND NotSpec 0.1 12/3012011 M -MAI 118 56.1 250 1 12/30/2011 M-MA1 118 3.2 Not Spec 0.02 12/30/2011 M-MA1 118 5 1 12/30/2011 M -MAI 118 370 NotSpec 1 12/30/2011 M-MA1118 128 Not Spec 2 12/30/2011 M-MA1118 0.18 10 0.05 12/30/2011 M -MAI 118 ND 1 0.01 12/30/2011 M-MA1118 2 3 0 12/30/2011 OLK 7.9 6.5-8.5 NA 12/30/2011 M -MAI 118 NEG -- NEG 12/30/2011 DLK 12.8 250 1 12/30/2011 M -MAI 118 1.5 Not Spec 0.1 12/30/2011 M-MA1118 MCL=Maximurn Contaminant Level (EPA Limit), MRL = Minimum Reporting Level Sodium Guidelines- Mass 20, EPA 250, * = Result Exceeds Limit or Guideline ND = None Detected (<MRL), * = Background Bacteria Noted Massachusetts Gertified David L. Knowlton Laboratory #MAI 118 Laboratory Director Page 1 of I 01/04/12 07:31AM Charles M. Rollins Co., Inc. N ashobaA . nal, .1 t A Willow Road, Ayer MA () 1432 Client: Charje-.3 M, Rollins Co., Inc. 126 Depot Road Boxford, MA 01921 LLC Tel: 97&391-4428 Fax: 978-191-4643 ......... . . . . ...... 7 -3 -Berry Street, North Andover M Parameter Method - Wellhead Date of Anstlysis Sampled., 1212MOI I 11:00:00 AM by Client Total Coliform Bacteria, 1100ml ENZ, SUB. SM9223 Calclum, MOIL EPA 200.7 Copper, MGff, EPA 2003 Iron, MG/L F -PA 2003 Magnesium, MG1 EPA 200,7 Mariganege. M(Vt' EPA 200.7 Sodium, MGfL EPA 200.7 Alkalinity, MGIL. SM 21208 Ammonia, MOIL SM 4500 -NI -Q-1) Chloride, MOIL EPA 300.0 Chlorine. Free Residual, MG/L SM 4500 -CL -G Coior Apparent, CU SM 2120B Conductivity, UMHOSfCM SM 25108 Hardnew Totol� MOIL $M 23408 Nitrate as N, MG/L EPA 300.0 Nitrite as N, MOIL EPA 300.0 Odw, TON SM 2150B pH, PH AT 25C SM 4$00 -H -B Sediment. pos/neg iV3012011 Sulfate, MOIL EPA 300.0 Turbidity, NTU EPA 1601 (978) 352-8236 LabNumber: 125888 v%vw Nm-hobaArialytical.com Use this num1mr with all currespundencc ReportDate: 1/312012 C-281ficaig Qf -61mlyals Result MCL MRL Date of Anstlysis Analym Absent Absent Absent 12130/2011 10:00:00 AM M -MAI 118 44 Not Spec 1 1213012011 M -MAI 118 0.1 1,3 0.01 12130/2011 M-MA1118 0111 0,3 0.01 `12f30fV01 I M -MAI 118 4Z Not Sper I 12/30f2011 M -MA 1118 0.014 0105 01005 12130/2011 M -MA -11-16 U See Note 1 1213012011 M -MA 1118 80 NotSpee I iV3012011 M -MAI 118 NO Not Spec 0.1 1213012011 M-MAIII8 56.1 250 1 12130/2011 M -MAI I 18 3.2 Not Spec 0,02 12J3012011 M-MA1118 .5 is I 1213=0111 M -MAI I 18 370 Not Spec 1 1213012011 M -MAI 11$ 128 NotSpec 2 12/30/2011 M -MAI 118 0,18 10 0.05 12M/2011 M-MAi i ia NO 1 0.01 12f30/2011 M -MAI 11 a 2 3 0 1213Wo i I OLK 7.9 6,5-815 NA 12/3012011 M -MAI 118 NEG ------ NEG 12130/2011 QLK 12,8 250 1 1213012011 M-MA1118 115 Not Spec 0'1 1213012011 M-MA1118 MCI.wMaximum Contaminant Level (F -PA Limit), MRL = Minirrium Reporting Level Sodium Guidelines- Moss 20, EPA 250, # � Result Exceeds Limit or Guloojiije NO # None Detected (<MRL), Background Bacteria Noted Ma8sachuseft CertIfled Laboratory #MAI 118 David L, Knowlton Laboratory Direrator Page I of I DelleChiaie, Pamela From: Charles M. Rollins Co., Inc. [rollinswell@comcast.net] Sent: Thursday, January 19, 2012 12:47 PIVI To: DelleChiaie, Pamela Subject: Well Report - 273 Berry St., North Andover Attachments: MassDEP Receipt - 273 Berry Street, North Andover, MA.pdf; Town Report - 273 Berry Street, North Andover, MA.pdf; Water Analysis - 273 Berry Street, North Andover, MA.pdf; 445232 - 273 Berry Street, North Andover, MA.pdf Dear North Andover Health Department, Attached please see the required well reports and water analysis for 273 Berry Street, North Andover, MA. The attachments include a well completion report with the receipt from the Mass DEP, the Town of North Andover well report and the water analysis. A new application was completed as we did not receive a copy of the one originally submitted. I trust this is the information needed. Please do not hesitate to contact me if you have any questions. Thank you. Regards, Jennifer Jennifer A. RoUins Charles M. Rollins Co., Inc. 126 Depot Road Boxford, M -A 01921 978-887-2320 - Office 978-352-8236 - Fax RollinsWeHQa comcast.net www.RolhnsWeD.com 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: hfti)://www.sec.state.ma.us/i)re/preidx.htm. Please consider the environment before printing this email. TOWN OF NORTH ANDOVER Office of COMMUNITY DEVELOPMENT AND SERVICES HEALTH DEPARTMENT 1600 OSGOOD STREET; BUILDING 20; SUITE 2-36 NORTH ANDOVER, MASSACHUSETTS 01845 Susan Y. Sawyer, REHS/RS 978.688.9540 - Phone Public Health Director 978.688.8476 - FAX licaltlidei)tno,townofnorthandover.c-om www.townofhorthandover.com Well and/or Pump Application (Please print) DATE: LOCATION to Drill Well or install a pump: D -7 3 e r C 8 C' Licensed Well Contractor Name and Company Name: M 3. 0- e5' I Contact Phone Numbers: Homeowner: ev- e!4!� 00 VV\ kl� '.J'_j Address: 113 2'Aree4c Nk, cA a k Q_ A A Contact Phone Numbers:__1-1 —%- (� 5 -1 - 10 () S WELLS (to be completed at time of pump test) Type of well: pr'�P_ A Use: P_ - Diameter of well: Size of Casing: Depth of bedrock: Depth of easing into bedrock: -A2 F_71 Seal been tested? Yesv"'. I NoF] Date of test:_/'�_ Depth of well: -3 "a 0, Water-bcaring rock; C,4 -A 0 Depth of water: 4' Delivers: 4. % GPM for: -,'2, g P-� - q. q (how long) Drawdown: 3910 reet after pumping: hours at: -GPM Date of Completion: I D I -D Q I I I ��'e "i . A.&' Signature of Wit Contractor PUMPS (To be filled in before installation) Name & size of Pump: k-! _05 SizcofTank: A&"CL, UY. Pipe used in well: Cast I rolo Sleeve used to protect pipe? Yes[] NoE6e of well seat: 6 Date: T"D &e Ci.-, , L'i Signature oe6mp installer Type: L." V-( tA-5 19 L e_ Pump delivers: _G PM GalvanizedF-1 Plastic Date water analysis report submitted to Health Department: Plumbing Wiring Inspector C:\DOCUME—I\bcurran\LOCALS—I\Temp\WelI Application.doc Health Dep2rtment Representative Town of North Andover RE: Applications for a permit to drill a well: Before a permit can be issued, you must have your contractor submit the following: 1. Submit to the Health Department a site plan showing the house and or lot footprint 2. Indicate any wetlands within 200 feet of the proposed location for the well 3. Indicate the well location 4. Submit a check for $135.00 with the application Note: All submittals must be drawn to scale. Please note that you may also be required tofile with the Conservation Commission if wetlands are near to the proposed well, and to the Planning Board ifyou are located in the Watershed District. Midi I ol Z w z 0 z z 0 V) z 0 LU Z. 0 m Lij U) 0 W W� 0 T 0 Cl) C\l U- 0 LO w z z !2 W, 'S' 0-) P Z CL L) LL �;- w 0 0 �Yw (J) LL Z 0 < 00 F— Of Dl 0 Q C) w — Z U)l o (L < W W OW U) w 2 cf) >Ul 'o Gi 0 (J) CO z < w 0 LL W U) 0 (1) Cl) I- z w C14 Al z 0 OZ Z < 0 � 9 CL W wiz 0 CL 0 cr CL w z z z I Ix LL, t F— x c? U) L) LL 0 z �Yw (J) LL Z 0 < F— Of Dl 0 01 LLI U)l w z z z I Ix LL, t F— x DelleChiaie, Pamela From: Sawyer, Susan Sent: Thursday, August 18, 2011 11:50 AM To: 'greggquimby@comcast.net' Cc: DelleChiaie, Pamela; Grant, Michele; Ciofolo, Angela Subject: 273 Berry Street Attachments: well regs adopted 3.02 altered 6.24.04.doc Hello Gregg, This is a follow up to our conversation held today about the new potable well that will service the new structure at 273 Berry Street. Thank you for taking the time to speak with me. This is an informational email and does not require any action at this time, however, it is noted that you have been advised of the requirements of our local regulations. You have been informed that the importance of having the well installed, having a water test done on the well at a licensed facility and finally submitting all paperwork to the Health Office before the building permit issuance. I did not mention that there are also important procedures to abandon the current well, therefore please contact us when you are ready to do so. If you have any questions, please do not hesitate to call the Health Office. We do not locally license Well Drillers, however they must be a state licensed well driller. Also note that currently the fee for the well permit is $135. Thank you, Susan Attached are the local regulation and below is a link to the application to install a well. Please see section 2 regarding permits. 2.4 requires the potable well to be in place prior to the building permit issuance. Application for well driller http://www.townofnorthandover.com/Pages/­­`NAndoverMA Health/well.pd Stmatt Sawyu Yub& ReaM Dked" 16CO Vag"d Stud Xe4 20, unit 2.36 NedA aadove4, Ata C1845 affi" 978 688-9540 fwx 978 688-8476 All email messages and attached content sent from and to this email account are public records unless qualified as an exemption under the [ http://www.sec.state.ma.us/pre/preidx.htm ]Massachusetts Public Records Law. Please note the Massachusetts Secretary of State's office has determined that most emails to and from municipal offices and officials are public records. Formore information please refer to: httP://www.sec. tate.ma.us/pre/preidx.htm. Please consider the environment before printing this email. I, I TOWN OF NORTH ANDOVER BOARD OF HEALTH WELL REGULATIONS The Board of Health of the town of North Andover, Massachusetts acting under Chapter 111, Section 31 of the Massachusetts General Laws, as amended and with reference to Chapter 40, Section 54 of said General Laws has, in the interest of and for the protection of public health and the environment, established and adopted the following rules and regulations: Section 1. DEFINITIONS 1.1 The word "well" as used in these regulations shall include any pit, pipe, excavation, casing, drill hole or other private source of water to be used for the purpose of supplying potable water in the town of North Andover. This includes irrigation wells. 1.2 The words "water systems" as used in these regulations shall include pipes, valves, fittings, tanks, pumps, motors, switches, controls and appurtenances installed or used for the purpose of storage, filtration, treatment or purification of water for any use whether or not located inside of a building. 1.3 The words "well contractor" as used in these regulations, shall mean any person, association, partnership, company or corporation that installs, constructs or repairs a water system associated with a well. 1.4 The words "non-essential well" as used in these regulations refers to all wells that are not the sole source of potable drinking water for a site, whether residential or commercial. Section 2. PERMITS 2.1 No well shall be constructed until a well permit has been issued by the Board of Health. Such a permit shall be applied for by a well contractor registered with the town of North Andover. A fee will be charged as found in the current North Andover Board of Health fee schedule. 2.3 Appropriate wiring and plumbing permits shall be applied for and issued by the Building Department prior to well construction. 2.4 No building permit shall be issued for the construction of a building which necessitates the use of water therein for a well located on the land where the building is to be constructed, until a well has been installed and the Board of Health has determined that a saf e and adequate supply of potable water is available. 2.5 A well form shall be issued along with the well permit to be f illed out by the well and pump contractor. Such a f orm must be filled out accurately and copies kept on file at the Board of Health upon its completion. Forms received which are not representative may be cause for the revocation of the contractor's registration. 2.6 Major renovation or repair of existing wells and/or water systems must be approved by the Board of Health. 2.7 A permit for the construction of a well shall not be issued for any property located within the Lake Cochichewick Watershed that currently has reasonable access to the town water system. The watershed boundaries are as found within section 4.136 of the North Andover Zoning Regulations, "Watershed Protection District". 2.8 The Board of Health essential well when it is in so, as in times of drought. Section 3. WELL SITING may deny an application f or a non - the interest of public health to do 3.1 The location of a well must be within the boundaries of the lot in which it will be in service. 3.2 There shall be a separate well for each building. it shall be constructed up -gradient from all sources of potential contamination and must be located at distances which are to be equal to or in excess of the following; 1) 100 feet from any septic leach field or existing underground storage tanks 2) 75 feet from any septic tank 3) 50 feet laterally from the normal high mark of any water source 4) a minimum setback of 25 feet from all streets, lot lines and driving surfaces. 5) 20 feet from existing building sewers, and underground swimming pools 3.4 The well shall not be placed within a defined wetland or in an area of consistent flooding. Any proposed well located within 1001 of a wetland is subject to regulation by the Wetlands Protection Act. The BOH shall receive a copy of written approval from the North Andover Conservation Commission prior to the issuance of a well permit in these cases. Section 4. CONSTRUCTION REQUIREMENTS 4. 1 The well contractor shall observe reasonable sanitary measures and precautions in the performance of his work in order to prevent the pollution of contamination of the well. 4.2 Newly constructed wells or wells where repair work has been done shall be thoroughly disinfected before being put into use. 4.3 Every well shall supply adequate water for the purpose for which it is intended and shall give satisfactory evidence of continuing capability to do so. 4.4 Before being approved, every well shall be pump tested by the well contractor (4 hr pump test) . The results of the pump test shall be submitted on the well f orm issued by the Board of Health. A well shall exceed the following flow rates, or it shall be considered inadequate for a single family dwelling. Well Dept Gallons per Minute for Four Hours 0 - 150 5 - 6 150 - 200 4 200 - 250 2 - 3 250 - 300 1 -2 350 and over 1/2 4.5 There shall be a single and separate water system for each dwelling and it shall not be installed or materially altered until the Board of Health is notified. The Board will require a description of the installation or repair to be conducted. Emergency work for repairs or service of existing equipment not amounting to a substantial renovation or overhaul may be done without notification. Appropriate inspections by wiring or plumbing inspectors will be required before final Board of Health approval. 4.6 All pumps, motors and tanks shall be placed on a suitable foundation and all equipment and parts of the system that may require adjustments or service shall be made readily accessible. 4.7 All pump houses, pump or pipe pits and wells shall be designed and constructed so as to prevent flooding and otherwise to prevent the entrance of pollutants or contaminants. 4.8 The Board of Health shall require the installation of all necessary switches, controls and devices, and the satisfactory performance of a pressure and operating test of the system before final approval; the test must demonstrate that the system will deliver adequate pressure and volume consistent with the well and the well requirements. The Board of Health must be given reasonable notice of when the installation is ready for inspection. 4.9 No certificate of occupancy shall be issued until all the provisions of these regulations have been met. The inspections and these regulations cannot be construed as a guarantee by the town of North Andover or its agents that the water system will function satisfactorily. Section 5. WATER QUALITY 5.1 In cases of new construction, the Board of Health shall require the submission of a water analysis report. The report shall include bacterial and chemical evaluations conducted by a laboratory approved by the Board of Health or the Massachusetts Department of Public Health. Laboratories conducting testing must supply a copy of Massachusetts certification as verification that it holds current certification for all types of analysis done on water samples. The submission of a chemical analysis to the Board of Health is required before issuance of a building permit. The bacterial analysis must be conducted after the water system is completely installed. A report must be submitted before the Board of Health will issue final approval. The following minimal parameters must be included in the water analysis. total coliform alkalinity arsenic calcium chloride color copper hardness iron lead magnesium manganese nitrogen (ammonia) * nitrogen (nitrite) * odor pH * potassium sediment sodium sulfate turbidity total dissolved solids * indicates Primary Contaminants Additional information shall be required if the well is in an area of agricultural use or within 500-1000 feet of utility rights-of- way 5.2 All primary contaminants shall meet EPA standards. Based on the results of the water analysis reports, the Board of Health may require additional treatment of a water supply. Section 6. PERMANENT OR TEMPORARY WELL ABANDONMENT 6.1 All permanently abandoned wells shall be tightly sealed by approved methods to prevent pollution of the ground water. Prior to plugging, the well shall be checked for debris that may interfere with the process. If the integrity of the original well seal is in doubt, the casing shall be removed or perforated. In addition all pumping equipment and associated plumbing shall be disconnected and removed. 6.2 When a well is not abandoned, but is out of use for an extended period of time, it shall be the owner's responsibility to properly maintain the well and to prevent the development of defects which may facilitate the impairment of water quality in the well or in the water bearing formations penetrated by the well. Until a well is permanently abandoned by plugging procedures, all provisions for protection of the water from contamination and for maintaining sanitary conditions around the well shall be carried out to the same extent as though the well were in routine use. 6.3 To temporarily abandon a well, the top of the well casing shall be sealed with a watertight threaded cap or with a steel plate welded watertight to the top of the casing. If the top of well seal is watertight, the pump may be left in place. A well that has, after extended use, been temporarily abandoned for three (3) years shall be considered permanently abandoned, and shall be appropriately plugged. Section 7. PENALTIES 7.1 Any person who shall violate any provisions of these regulations for which a penalty is not otherwise provided in any of the General Laws or Sanitary Code shall upon conviction be fined not less than fifty nor more than five hundred dollars. Section 8. UNCONSTITUTIONALITY CLAUSE 8.1 So f ar as the Board of Health may provide each section of these rules and regulations shall be construed as separate to the end that if any section, item, sentence clause or phrase shall be held invalid for any reason, the remainder of these rules and regulations shall continue in effect. Gayton Osgood, Chairman Dr. Francis P. MacMillan Dr. John Rizza, Clerk Published N.A. Citizen, February 9, 1984 Rev. 9/90 Rev. 8/93 Rev. 1/02 VO Bk 12519 P9288 *13794 06-20-2011 & 10255a QUITCLAIMDEED 1, Adelyn Oliver, of Farmington, EWIford County, Connecticut being unmarried, for consideration paid, and in fidl consideration of one hundred thousand dollam ($100.000), grant to Gregg P. Quimby of 113 Boston Street, Middleton, Essex County, MA 01949 and Maria Gildea of 5 Haynes Avenue, Middleton, Essex County, MA, 01949, as tenants in common, with quitclaim covenants For my title see No. Dist. Essex Registry of Deeds Book 1516, Page 321 and Death Certificate for Bruce B. Oliver, Book 11729, Page 55. Witntm my hand and seal this 16' day of June 2011 Z&Z01 -, zVM-'e_" l a�� A&IjWO-liver (a.k.a. Adelyn C. Oliver) The land with buildings thereon located in North Andover, Massachusetts and bounded and described as follows: MASSACWSETTS STATE EXCISE TAX Essex NDrth Resistra FIRST PARCEL Date.* 06-20-2011 41 10955as Beginning at the point in the Westerly line of Berry Street W P000.00 9 I,* Man five feet Northerly from the intersection of a boundary line 6 ind now or once of line; the= running Adalard Valiquette and land once of Mows Towne with said street Northerly along said Berry Street line one hundred fed to a point; the= turning and running Westerly two hundred feet to a point; this boundary line being at right angles with said Berry Sued fine; thenc;e turning at right angles in a Southerly direction One hundred feet to a point; thence turning at right angles and running in a Easterly dimfion two hundred feet to the point of beginning. DNDPARCEL SEC V) EASTERLY on Berry Street, so called, one hundred feet, SOUTTIERLY two hundred fed by land reoently deeded to said Conroy, WESTERLY one hundred feet by land of Valiquette; and NORTHERLY two hundred fixt also by land of Valiquette. Containing 40,000 square feet more or less. For my title see No. Dist. Essex Registry of Deeds Book 1516, Page 321 and Death Certificate for Bruce B. Oliver, Book 11729, Page 55. Witntm my hand and seal this 16' day of June 2011 Z&Z01 -, zVM-'e_" l a�� A&IjWO-liver (a.k.a. Adelyn C. Oliver) *1 Bk 12519 Pg289 #13794 ACKNOWLEDGMENT State of California county of Ly 1 0&% #j y On J &%. tA L 15' 2011, before me, P*- L� �j PFIV60 0 W Aerl �" � 1 C - personally appeared Adelyn Oliver (&k.& Adelyn C. Oliver), who proved to me on the basis of safisfhdory evidence to be the person whose name is subscribed to the within instmnent and acimowledged to me that dw executed the same in her authorized capacity, and that by her signature on the homent the person, or entity upon behalfof which the person acted, executed the instrument. I certify under the PENALTY OF PERJURY under the laws of the State of Calffornia, thid the foregoing paragraph is true and correct. -r ML W. FUERM I my hand and official seal. rL, I@, COOL #13410BI w7w go ImmPam. up to NOWn4d Ilk =3 Signature of Notary 4 9� Bk 12671 Ps280 '6-25745 -ur ILO -28-201:L a JG-.:L5CL Massachusetts Department of Environmental Protection Provided by M=DEP: Bureau of Resource Protection - Wedands MzssDEP File #:242-1523 WPA Form 5 - Order of Condiltions cDEP Transaction #-424660 Masuchusetts Wetlands Protection Act M.G.L. c. 13 1, §40 Cilyfrown.NORTH ANDOVER A. Genend Wormation 1. Conservation Commission NORTH ANDOVER 2. Issuance F 00C b. r Amendod OOC 3. Applicwt Details a. First Name GREGG b. Last Nmne QUMMY C.Orpnization AND MARIA GILDEA d. Mailing Addrm 113 BOSTON STREET e. City/Town MUMLETON f. State MA g. Zip Code 01949 4. Property Owner a. First Name GREGG b. Ust Name QUIMBY c. Orgmization AND MARIA GILDEA (L Maift Address 113 BOSTON STREEr e. City/Town MIDDLETON f State MA g. Zip Code 01949 5. Pr*Ct Location &StreetAddress 273 BERRY STREET b.City/Tawn NORTHANDOVER c. Zip Code 01845 d. Assessors Map/Plag I 08C c. Parcel/Lot# 49 f Latibide 42.6358N g' Un&dc 71.07084W 6. Property recorded at the Registry of Deed for: a. County b. Certificate c. Book d. Page NORTIERN ESSEX 12519 288 9-17-11-19 a. Date NO] Filed: 715/2011 b. Due Public Hw6* Closed: 10/1212011 c. Date Of Issuanw. 1011312011 Uinal Approved Plans and Odw Documents a. Plan Title: b. Plan Prepared by- c. Plan Signe"Umped. by., d. Revised Final Date: e. Scale: NOT10E OF CHUSTLANSEN & PRUP G. CHRISTIANSEN, UqrENT PLAN SERGI, IW. P.E. AND NUCHAEL J. SERGI, 9/29111 I" --20F P.L.S. B. Findings Ublidings pursuant to the Massachusetts Wetlwds Protection Act Page I of 10 * ELECTRONIC COPY Bk 12671 Pg281 #25745 Massachusetts Department of Environmental Protection Pfovided by MassDEP' Bureau of Resource Protection - Wegands MassDEPFik#:242-1523 WPA Form 5 - Order of Conditions eDEP Transaction #:424660 Massachusetts Wetlands Protection Act M.G.L. c. 13 1, §40 CityaowriNORTH ANDOVER Following the review ofthe the &bove-refaenced Notice of fi=t and based on the information provided in " aWfication, and presented at the public. hearing. this Commission finds that die ateas in which work is proposed is significant to the following inwrests of the Wetlands Protection Act Check all do apply - a. r? Public Water Supply b. r- Land Cadaining Shellfish c. F Prevention of Pollution d. F Private Water Supply e. F Fisheries f F Protection of WildUfe Habitat g. F, Ground Water Supply h, Pr Storm Damage Prevaition L F FloodControl 2. Commission haeby finds &e pwiect, as propos4 is: Approved subject to: a. F The following conditions which are necessary in accordance with the perfnimance standards set forth in the wetlands regulatiom This Commission orders that all work shall be perfmned in accordance with the Notice of Intm rckrenced above, thic following General Condibmis, aM any Ww special conMons attached to this Order To the actent do the following conditions modify or differ from the plans, spocificatiorA or other proposals submitted with the Notice of Inten% these conditions SIM control. Dealed because: b. r- TU proposed work cannot be conditioned to meet the performance standards set forth in the wetland regulations. Therefom woik on tMs pmject may not go ftward wiless and until a new Notice of Intent is stibrnitted which provides measures which are adequate to protect interests of the Act, and a fwal Order of Conditions is is� A description of the performance sbadards which the proposed work cannot med is attached to this Order. c. r The ird&mation submitted by the applicant is not stifficient to desaibe the site, the work or the effect of the work on the interests identified in the Wetlands Proftction Act Thadbm work on this project may nut go forward wiless and until a revised Notice of Intent is subrriitted which provides sufficicat hdWmation and includes measures which are a*uwx to protect: the interests ofthe Act, and a final Order of Conditions is issued. A description of the specific information which is lacking and why it is necenary is attached to this Order as per 310 CMR 10.05(iiXc� 3. ,, Buffer Zone Impacts: Shortest distance betwom limit of project disturbowe and the wetland resource 2 area specified in 3 l0CMR10.02(1Xa). a linear feet Talad Raource Area Empects:(For Approvals Only): Resource Area Proposed Permitted Proposed Permitted Alteration Alteration Replacement Replacement 4. r Bank a. linear fed b. linear fat c. linear fed d. linear feet 5, r Bordering Vegetated Wetland & square feet b. square fed c. square fed d. square fed 6. r IAW under Waterbodies and Waterways IL squaw feet b. square feet C. square feet d. square fed 7. r- Bordering Land Subject to Flooding e. cly Fb� E c/y draW a square feet b. square feet c. square feet d. square feet Page 2 of 10 *ELECTRONIC COPY n Bk 12671 Pg282 #25745 LlMassachusetts Department of Environmental Protection Provided bY MassDFP- Bureau of Resource Protection - Wetlands MassDEP File #:242-1523 WPA Form 5 - Order of Conditions dDEP Transaction #-.424W Massachusetts Wetlands Protection Act M.G.L. c. 13 1, §40 CiVrown:NORTH ANDOVER Cubic Feet Flood Storage e. cubic ftet f cubic fed g. cubic fed h. cubic feet r hoiaw Lwo S*cct to Fiooft & squm fed b. square fed Cubic Fed Flood Stomp e. cubic fed d cubic Em e. cubic fed f cubk fiict 9. r Riveffmt Aim a. toted sq. fbet b. total sq, feet Sq ft within 100 ft c. square fwt d. square fed e. square feet f square fed Sq R between 100-200 ft & square fed h. square feet i. square fed j. square fwt Coastal Remuree Area Impacts: Resource Area Proposed Permitted Proposed Permitted Alteration Alteration Replacement Replacement 10. 177 Da4ngxd Port Areas ftlicatt sm under LwW Under the Ocem4 below 11. r- Land Under the Ocean Ts—qwc feet b. square feet c. cly druiged d- CJy dredged 12. r- Barrier Beaches size under Coastal Beaches andlor Coastal D1 below 13. F- Coasted Beaches —squmfeet b. square c. cly nourishment d. cty nourisbme-nt 14, r Coasted Dunes —9*=fcot b. square fiert C, 4 nouriislunal d. * mnishment 15. r Coastal Bardes a. Knew lincar feet 16. r Rocky Interti1ded. a. square fed b. square feet 17. r- Soft Marshes a. square fe b. square c. square fe d. square fed 18, 1- LWA Under salt Poods Ts-q—umfeet b. Mum fed c- cly dredged 4. c/y dredged 19. r law Couining sheilfish �7—w—mfwt 19. ­squ—arefed 7;�u­wfmt d, square feet Page 3 of 10 * ELECTRONIC COPY Bk 12671 Pg283 #25745 Massachusetts Department of Environmental Protection Provided by MassDS' Bureau of Resource Protection - Wetlands MassDEP File #:242-1523 VVPA Form 5 - Order of Conditions eDEP Transaction #:4246W Massachusetts Wetlands Protection Act M.G.L. c. 13 1, §40 Cityfrown.NORTH ANDOVER Indicate sm unda Coastal Bahks� inlanil Bank Land Under the 20. r- FahRuns OcM mWor inland Lad Linder Wderbodies and Watcrwa;M above c. cly dredged d. cJy dredged 2 1, r Land Subject to Coastal Stonn Flowage square foct b. square feet 22. r- RestorationfEnhancement (For Approvals Only) If the project: is for the purpose of restoring or enhancing a wedand resource area in addition to die square footage that has been entered in Section B,5,c & d or B. 17.c & d above, please ctitered The additional amount here. a. square feet of RVW b. square fed of Salt Marsh 23. r- Strearns Crossing(s) If the project involves Stream Crossings, please enter the number of new sawn crossings/humber ofreplaccmentstican crossings. a. number of new sbram crossings b. number of replacement strearn crossings C. General Conditions Under Massachusetts Wetlands Protection Act The IbUMog condidotis am only applimble to Approved projects I . Failure to comply with all conditions stated herein, and with all related statutes and other regWalory measures, shall he deemed cause to revoke or modify this Order 2. The Order does not grant any property rights or any exclusive privileges; it does not authorize any iWury to private property or invasion of private rights. 3. This Orderdoes not relim the permium or any other person of the necessity ofcomplying with all other applicable federal, statc� or local stames, ordwances, bylaws, or rephtion& 4. Ile work authorized hereunder shall be completed within dirce years fim the due of this Order unless either of the Nlowririg apply, & the work is a maintenance dredging project as provided for in ft AM or b. the time for completion has been cdended to a specified date mom than three yews, but less than five years, ftm tie date of issuanoc. If this Order is intended to be valid for more than ftee ycars� ft extension date and the special circurngances warranting the octended time period are set forth as a special conditim in this Order. 5. 'I'his Order may be extended by the issuing authority for one or more periods of up to three years each upon application to the issuing authority at least 30 days prior to the expiration date of the Order. 6. If this. Order constimes an Amended Order of Conditions, this Amended Order of Conditions does not oweed the issuance date of the original Final Order of Conditions. 7. Any fill used in connection with this project shall be clean fill. Any fill " contairi no awk rcfine, rubbish, or debris, including big not limited to lumber, bricks, plaster, wiM lath, paper, cardboard, pipe, fires, ashes, reftigerators, motor vehicles, or parts of any of the fbreV4 8. This Order is not final until all administrative appeal periods fim this Order have clapsed, or if such an appeal has been taken, until all proceedings before the Department have been completed. 9. No work shall be underlakm until the Order has become fmall and then has been recorded in the Regi� of Deeds or the Land Court for the district in which the land is lomted, within the chain of ttle of the affected property. In the case of recorded land, Page 4 of 10 *ELECTRONIC COPY Bk 12671 Pg284 #25745 Massachusetts Department of Environmental Protection Provided by MassDEP* Bureau of Resource Protection - Wedands MassDEP File #:242-1523 WPA Form 5 - Order of Condhions eDEP Transaction #:424W Massachusetts Wetlands Protection Act M.G.L. c. 13 1, §40 City/Town-NORTH ANDOVER the Final Order shall also be noted in the RegiWs Grantor Index under the name of Ow owner of the land upon which ike proposed work is to be done. In the case of the registered land, the Final Order shWl also be noted on the Land Court Catficate ofritle of the owner ofthe land upon which the proposed work is do= The recording information shall be submitted to the Conservabon Commission on The form at the end of this Order, which form must be stamped by the Registry of Deeds, prior to the commencement of work. 10. A sign shall be displayed at the site not lea then two square feet or more than three square feet in size bearing the words� Massachusetts Department of Environrnental ProWtion" [or'MassDEP-1 File Numbcr:"242-1523" 11. Where the Dmarunentof Environmental Protection is requested toissue a Superseding Order, the Conservation Commission " be a party to all agency proceedings and hearings before Mass DER 12. Upon completion of the work described hercin, the applicant shall submit a Request for Certificate ofCompliance (WPA Form 9A) to the Conservation cornmission. 13. Ile work shall conform to the plans and special coMitions refermoed in this order. 14, Any change to the plans identified in Condition #13 above shall require the applicant to inquire of the Conservation Commission in writing whether the dump is significant enough to require the filing ofa new Notice of Intent. 15. The Agent or members of die Conservation Commission and the Department of Environmental Protection shall have the right to enter and inspect the area subject to this Order at reasonable hours to evaluate compliance with the conditions stated in this Order, and may require the submittal of any data deerned necessary by the Conservation Commission or Department for That evalUdi0rL 16. This Order of Conditions shall apply to any suiccessor in interest or successor in control of the property subject to this Order and to any contractor or o1her pe� perfoortrung work conditioned by this Order. 17. Prior to the start of work, and if the project involves work adjacent to a Bordering Vegetated Wcdand, the boundary of the wedand in the vicinity ofthe proposed work area shall be madoed by wooden stakes or flagging. Once in place, the wedand boundary markers shall be maintained until a Certificate ofCompliance has been issued by the Conservation Cmmission. 18. AD sedimentation barriers shall be nvubtuned in good rcpair until all disturbed a= have been fully stabilized with vegetation or other romns. At no time shall sediments be deposited in a wetland or water body. During construction, the applicant or hk4w designee shall inspect die erosion controls on a daily basis and shall remove accurnulatod sediments as needed The applicant shall immediately control any crosim problems thatoccur at the site mid sludl also munediately notify the Conservation Commission, which reservesthe right to require additional erosion andlor damage prevention controls it may deem necessary. Sedimentation barriers shall serve as the limb ofwork unless another limit of work line has been approved by this Order. NOTICE OF STORMWATER CONTROL AND MAINTENANCE REQUIREMENTS 19. Tlx work associmed with this Order(the ""ect") is (1) r— is not (2) F7 subject to to Massachusetts Stonarwata Standards, Ifthe work is subject to Stormwater Standstds, then the project is subject to the following conditions; a) AD work, including, site preparatiom laid disturbance, construction and redevelopmem shall be implemented in accorclance with the construction period pollution prevention and erosion and sedimentation control plan and, if applicable, the Stormwater Pollution Pmvcnfiw Plan required by the National Pollutant Discharge Elimininion System Construction General Permit as required by StormwaW Standard 8. Construction period erosion, sedimentation and pollution control measures and beg mmApricutpractices; (BMPs) shall mnam m place until the site is fully stabilized. b) No stormwater runoff may be discharged to the post -construction, swmwatcr BMPs unless and umil a Registered Professional Engineer provides a Calficatim that: L all construction period BMPs have been removed or will be moved by a date certain specified in the Ccrtificatim For any eonstruction period aMPs intended to be converted to post constzuctkm operation for stormwater ammaon, recharge, an&or treatment, the conversion is allowed by die MassDEF Stormwater Handbook BUT specifications and that the BMP has been properly cleaned or prepared fbr post constnuction operation, including removal ofall construction period sediment tapped in inlet and outlet control swuctures; IL. as -built final construction BMP plans are uwluded, signed and swnW by a Regimed Profmonal Engincer, ccrti6W the site is ftilly stabilized; ia any illicit discharges to the stormwater management systern have been remov4 as per the requirements of Stormwater Page 5 of 10 * ELECTRONIC COPY Bk 12671 Pg285 #25745 Mamachusetts Department of Environmental Protection Pmkkdbym&qsDEP: Bureau of Resource Protection - Wetlands ManDEP Fik #:242-1523 WPA Form 5 - Order of Conditions cDEP Transaction #:424W L) I Massachusetts Wetlands Protection Act M.G.L. c. 13 1, §40 City/rownNORTHANDOVER Standard 10; iv. all post -construction stormwater BMPs are inslaRed in aocordance with die plans (including all planting plans) approved by the isaft aaborq, atid have been in� to ensure that they we not damaged and that they are irt proper waking condition; v. any vegetation associated with post -construction BMPs is suitably c0ablishal to wiihstand Crosion. c) The lanidowncr is reslumble for Me mainterimce until the issuing authority is notified that another party has legally assumed bility for BW nuinteriarice. prior to requesting a Catificate of Compliance, or Partial Certificate of Cornpliarim the zvspoitsi ble party (defined in General Cortdition 19(e)) shall owcute and submit to the issumg authority an Operation and respons Mainmance Compliance Staternerit C'O&M Swenterit') for the Stormwaw BMPs identifying the pany responsible for implemeriting the stormwawT BW Operation and Nfaintenance: Plan ("O&M Plan") mid cmffying the following: i) the O&M Plan is complete and will be irnplemcintod upon mocipt of the Certificate of Compliance, and 1) the fiftm responsible parties shall be nodfiad in writing oftheir ongoing legal responsibility to operate and maintain the stormwater managcmat BMPs and implemm the Stormwater Pollution Prevention Plan. d) Post-oonghic6m pollution prevention and source camol shall be implemented in accordance with the long -tum pollution mvention plan section of the approved Storrnw= Paport &-4 if applicable, the Stormwater Pollution Prevention Plan required by the National Pollutant Discharge Elimiriation System Multi -Sector General permit e) Unless and until another party accepts resporksibffity, dw laixlowm, or owner of any drainage easement, assumes responsibility formaintaining each BW. To overcome this presumption, the laridowncr ofthe proMV mug submit to the issuing authority a legally Mftg agiccinew ofmaxi, acceptable to the =in adiority. evidmcing dw anotherentity has accepted responsibility for makitaining the OW, " that the proposed responsible party sWI be treated as a permittee for pipow of implementing the requirements of Condibons 19(f) duough 19(k) with respect to dW BNV. Any failtue of the pqvsed responsible party to implement the requirements of Conditions 19(o through 19(k) with respect to that BNT shall be a violation of the Order of Conditions or Cafficate ofCompliance. In the case of stormwater BMPs that we serving more than one la, the legally binding agrocinem shall also identify the lots that will be seiviced by the swrinwater BMPs. A plan and easernent deed do grants the responsible party access to perform the required operation and maintenance must be submitted along with die legally binding agreement. P The responsible party shall operate and maintain all stormwater BWs in accordance with the design plains, the O&M Plan, and the requirements of the Massachusetts Stormwater Handbook. g) The responsible party shall: 1. Nfaintain an opmatiori arid maintenance log far the last three (3) consecutive calmdar yews of inqxx;liow, repah-4 maintenarice andfor replacemm of the stormwater managemerit system or any part thereof, and disposal (for disposal the log shall indicate the type ofmaterial and the disposal location); 2, Make the maintenarice log available to MassDEP and the Conservation Commission ("Commission") upon request; aid 3. Allow members and agents of the MawDEP and the Commission to enter and inspect the site to evaluate and ensure that the responsible party is in compliance with the requinerrients for each BM? established in the O&M Plan approved by the issift &Ao*. h) All sedimant or other contaminants removed from stormwater BMN shall be disposed of in accordance with all aMlicable federal, me, and local laws and regulations, i) Illicit discharges to the stortriwaw managmwirt system as defined in 3 10 CMR 10.04 are protdbitod. j) The stormwater management system approved in the Order of Conditions shall not be changed without the prior written approval of the issuing authority. k) Areas designated as qualifying pervious amas for the purpose of the Low Impact Site Design Credit (as defined in the Nb.ssDEP Stormwater Handbook, Voltunc 3, Chapter 1, Low Impact Development Site Design Credits) "I not be altered without the prior written Wroval of the muing authority 0 Access for mainkmarxe, repw, and/or replaceirimit of BMPs shall not be withheld. Any fewing cmoucted aratind stormwater BUN shall include acoess gates and stWI be at least six unhes above ga& to allow for wildlife passage. SpecW Conditions: SEE ATTACHED. Page 6 of 10 * ELECTRONIC COPY Bk 12671 Pg286 #25745 Mawachusetts Department of Environmental Protection Bureau of Resource Protection - Wetlands WPA Form 5 - Order of Condiflons Massachusetts Wetlands Protection Act M.G.L. c. 13 1, §40 Provided by MassDEP: MassDEP File #:242-1523 eDEP Transaction 9:424660 Cfty/To".NORTH ANDOVER Page 7 of 10 * ELECTRONIC COPY Bk 12671 Pg287 #25745 Massachusetts Department of Environmental Protection Provided by MassDEP.- LkiBureau of Resource Protection - Wetlands MassDEP File #:242-1523 WPA Form 5 - Order of Conditions eDEP Transaction #:424660 Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 City/Town NORTH ANDOVER D. Findings Under Municipal Wetlands Bylaw or Ordinance I - Is a municipal wetlands bylaw or ordinance applicable? F yes r No 2. The Conservation Commission berft(d=k one that Mlico, a. r DENIES the proposed work which cannot be conditioned to nxt the sundartissot forth in a municipal ordinance or bylaw spec&ally, 1. Municipal Ordinance or Bylaw 2. Citation Therefom work on this project may not go forward unless and until a revised Notice of Intent is submitted which provides measures which we adequate to meet these standards, and a final Order or Conditions is issued Which are necessary to comply with a municipal ordinance or bylaw: APPROVES die proposed work, subject to the following additional conditions, NORTHANDOVER L Municipal Ordinance or Bylaw WETLANDS 2. CiWon CHAPTER 178 PROTECTION BYIAW 3. The Commission orders that all work shall be performed in accordance with dic following conditions and with the Notice of Udmt referenced above. To the extent that the following conditions modify or dffer fmm the plam specifications, or other proposals submitted with the Notice of Intent, the conditions shall controt The special conditions relating to municipal ordinance or bylaw are as follows: SEE ATTACHED. Page & of 10 $ ELECTRONIC COPY Bk 12671 Pg288 #25745 Manachusetts Department of Environmental Protection Provided by MassDEP-' Bureau of Resource Protection - Wetlands MassW File #:242-1523 WPA Form 5 - Order of Conditions cDEP Transaction #: City/ToWE Massachusetts Wetlands Protection Act M.G.L. c. 13 1, §40 E. Signatures This Order is valid for three years from the date of issuance, unless o1heindsc specified /U — / 0 — // purstiant to Gmeral Condition #4. Ifthis is ail Amended Order of Conditions, die Amended 1. Date ofOriginal Order Order expires on the same date as the original Order of Cmhtions. Please indicate the nuinber of nmnbefs vh* will sip this form. This Order must be signed by . Numb 0 of Sigr1ers a ff4ority ofthe Caiservation Commission. er The Order must be mailed by certified mail (return receipt requested) or hand delivered to the applicarit. A copy also must be mailed orhand delivered at the same time to the appropriate Deparimimt of Environmental Protection Regional Office, if not filing elft�cally, and the property owner, if dffaent fim applicariL hand delivery on 14071 M7 F. Appeals Tl�y certified mail, return receipt requested, on - I-OL1311 DM The applicant the owner, any person aggrieved by -this Order, any owner of land abutting the land sutjoct to this Order, or any ten residents of the city or town in which su& land is locoA am hereby notified of their ri& to request the appropriate MassDEP Regional Office to issue a Superseding Order of Conditions. The request must be made by certified mail or band delivery to the Department with The appropriate filing fee and a completed Request for Departmental Act= Fee Transmdlal Form6 as provided in 310 CMR 10.03(7) widin ten business days fiorn the date ofissuanoe of this Order, A copy of the request shall at the some time be sffd by certified mail or hand delivery to the Conservation Urninission and to the applicant if�she is rot the appellarit. Any appellants seeking to appeal the DepartrrierWs Superseding Order associated with this appeal will be required to demonwate prior participation in the review of this projecL Previous participation in the permit proceeding means the nibmission ofwnaen information to the Conservation Commission prior to the close ofthe public hearing, requesting a Superseding Order, or providing written information to the Department prior to issuance of a Superseding Order. The request shall oft clearly and concisely the objections to ft Order which is being appealed and how dr Order does not contribute to the protection of the interests identified in die Massachusms Wetlands Protection Act (KO.L. c. 13 1, § 40), and is inconsistent with the wetlands regulations (310 CMR 10.00). To the extentthat the Order is based on a municipal ordinance or bylaw, and not on the M&%whusetts Wetlands Protection Act or regulations, die Department has no appelidejurisdicdon. Page 9 of 9 * ELECTRONIC COPY Bk 12671 Pg289 #25745 Massachusetts Department of Environmental Protection Provided by MassDEP: LJBureau of Resource Protection - Wedands MassDEP File #:242-1523 WPA Form 5 - Order of Conditions cDEPTransaction#-424660 Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 City/Town:NORTH ANDOVER G. Recording Information This Order of C�aditions. must be recorded in the Registry of Deeds or the Land Court for the district in which the land is located, within the chain of tifle of the affected property. In 9z case ofrecorded land, the Final Order da also be noted in the Registrys Grantor Index under the name of the owner of the land m*cct to the Order. In the case of registered land, this Order shall also be noted on the Land Court Cartificate of Tide of die owner of the land subject to the Order ofCaklitions. The recording information on this page shall be submittod to the Conservation CommLsision listed below. NORTH ANDOVER Cmiservation Commission Detach on dotted line, have stamped by the Registry of Deeds and submit to Ux Conservation Commission. — ............................................ ..................................................................................... ............................... ................................... To: NORTH ANDOVER Cbriservation Commission Plmw be advised did the Order ofConditions for the ftject at: 273 BERRY SMET .242-1523 Project Location MassDEP File Number Has been recorded at the Regu*y of Deeds of Courkly Book Page for Property Owner GREGGQUMMY and has been noted in the chain of fide of the affected property in: Book Pw In accordance with the Order of Conditions issued on: Date If recorded land, the instrument number identifying fts transaction is: Instnumt Number If registered land, the document number ideriffying this transaction is: DocumentNumber Signawre of Applicant Pe%'Aiinoio Page 10 of 10 * ELECTRONIC COPY Bk 12671 Pg290 #25745 DEP FILE # 242 - 1523 Therefore, the North Andover Conservation Commission (hereafter the "NACC") hereby finds that the following conditions are necessary, in accordance with the Performance Standards set forth in the State Regulations, the local ByLaw and Regulations, to protect those interests noted above. The NACC orders that all work shall be performed in accordance with said conditions and with the Notice of Intent referenced below. To the extent that the follqmft conditions moda or differ from the plans, sMifications or o 12rol22salp submitted with the Notice of Intent, the conditions shall, control. GENERAL CONDITIONS 20. The proposed work includes: Demolition of existing home and construction of a single family home and appurtenances within the 100' buffer zones to Border Vegetated Wetland (BVW) and an Ephemeral/Vemal Pool, Proposed work includes connection to town sewer and drilling of a new well. 21. The work shall conform to the following (except as noted in the remainder of this . document where revisions may be required): Notice of Intent filed by: Philip Christiansen Christiansen & Sergi, Inc. 160 Summer Street Haverhill, MA 01830 Site Plans prepared by: Christiansen & Sergi, Inc. Title: Notice of Intent Plan Date: June 30, 2011 Last Revision: 9/29/11 Stamped by: Philip G. Christiansen, P.E. Michael J. Sergi, P.L.S. Wetland Report prepared by: Maureen Hanley Norse Enviroranental Services, Inc. Date: June 30,2011 Other Record Documents: Letter from Division of Fisheries & Wildlife Date: July 28, 2011 NHESP File No.: 11-29826 Letter from Norse Environmental Services Re: Plantings 273 Berry Street Date: October 11, 2011 USGS Massachusetts StreamStats 242-1523, 273 berry Meet ooc-doc NACC 10/13/2011 DEP FILE # 242 - 1523 Bk 12671 Pg291 #25745 SteamStats Ungaged Site Report Date: Fri Jul 8 2011 Soil Map - Essex County, Massachusetts, Northern Part Web Soil Survey Date: 9/28/2011 22. The term "'Applicant" as used in this Order of Conditions shall refer to the owner, any successor in interest or successor in control of the property referenced in the Notice of Intent, supporting documents and this Order of Conditions. The NACC shall be notified in writing within 30 days of all transfers of title of any portion of property that takes place prior to the issuance of a Certificate of Compliance. 23. The conditions of this decision shall apply to, and be binding upon, the applicant, owner, its employees and all successors and assigns in interest or control. These obligations shall be expressed in covenants in all deeds to succeeding owners of portions of the property. 24. Failure to comply with all conditions stated herein, and with all related statutes and other regulatory measures, shall, be deemed cause to revoke or modify this Order. 25. This Order does not grant any property rights or any exclusive privileges; it does not authorize any injury to private property or invasion of property rights. However, the NACC, agent of the NACC or the Department of Environmental Protection (DEP) reserves the right to enter and inspect the property at all reasonable times until a Certificate of Compliance is issued, to evaluate compliance with this Order of Conditions, the Act (310 CMR 10.00), the North Andover Wetland ByLaw and Regulations, and may require any information, measurements, photograph% observations, and/or materials, or may require the submittal of any data or information deemed necessary by the NACC for that evaluation- Further, work shall be halted on the site if the NACC, agent or DEP determines that any of the work is not in compliance with this Order of Conditions. Work shall not resume until the NACC is satisfied that the work will comply and has so notified the applicant in writing. 26. This Order does not relieve the permittee or any other person of the necessity of complying with all other applicable federal, state or local statutes, ordinances, by-laws or regulations. 27. The work authorized hereunder shall be completed within three years from the date of this order. 28. This Order may be extended by the issuing authority -for one but not more than two periods of up to one year each upon application to the issuing authority at least thiM days (30) 12rior to the expiration date of the Order (Refer to Section 8.3)(p.37) of the North Andover Wetland Regulations). 242-1523, 273 berry street ooc.doc 2 NACC 10/1312011 Bk 12671 Pg292 #25745 DEP FILE # 242 - 1523 29. The NACC reserves the right to amend this Order of Conditions after a legally advertised public hearing if plans or circumstances are changed or if new conditions or information so warrant. 30. Where the Department of Environmental Protection (DEP) is requested to make a determination and to issue a Superseding Order, the Conservation Commission shall be a party to all agency proceedings and hearings before the Department. 31. Any future project which proposes a wetland crossing in order to access certain portions of the property will not be qualified as a limited project roadway under 310 CMR 10.53(e). 32. The following wetland resource areas are affected by the proposed work: Buffer Zone to Ephemeral Pool and Bordering Vegetated Wetland (BVW). These resource areas are significant to the interests of the Act and Town ByLaw as noted above and therein. The applicant has not attempted to overcome the presumption of significance of these resource areas to the identified interests. 33. The NACC agrees with the applicant's delineation of the wetland resource areps on the site as shown on the plans dated referenced herein (property line to flag A6 to flag A18 to property line). 34. The NACC finds that the intensive use of the upland areas and buffer zone proposed on this site will cause further alteration of the wetland resource areas. In order to prevent any alteration of wetland resource areas a fift foot (50') No -Disturbance Zone and a sevm1X five foot (75') No-Construdion Zone shall be established from the edge of the adjacent wetland resource area except as follows: waiver of the 50' No -Disturb Zone and 75'No-Build Zone to the Ephemeral Pool Habitat for construction of portions of the house and yard grading as shown on the herein referenced plans. The proposed wall will serve as the permanent No -Disturb Zone for the site. The Conservation Administrator and/or other agents of the NACC do not have the authority to waive these setbacks as established under the local bylaw. No disturbance of existing grade, soils or vegetation is permitted in the No -Disturbance zone. (See Section 3.1, 3.4 & Appendix F of the local Regulations), 35. The NACC finds the applicant's proposal for restoration of disturbed portions of the 50' No -Disturbance Zone to be adequate. The restoration shall be completed in accordance with the planting plan detailed in the October 11, 2011'letter from Norse Environmental and correspondence from Christiansen & Sergi, Inc. Plant quantities shall be agreed to by the NACC or its agent following construction of the stone wall. The area shall be monitored for two growing seasons to ensure its success. The success of the restoration areas shall be based on Section 6.1 of the North Andover Wetland Protection Regulations requiring 75% of the surface area to be established with native plant species within two growing seasons 242-1523, 273 berry street ooe.doc 3 NACC 10/13/2011 Bk 12671 Pg293 #25745 DEP FILE # 242 - 1523 36. This document shall be included in all construction contract% subcontracts, and specifications dealing with the work proposed and shall supersede any conflicting contract requirements. The applicant shall assure that all contractors, subcontractors, and other personnel performing the permitting work are fully aware of the permits terms and conditions. Thereafter, the contractor will be held jointly liable for any violation of this Order resulting from failure to comply with its conditions. 37. The owners of the project and their successors in title agree that the Order does not in itself impose upon the Town any responsibility to maintain the proposed drainage system and that said Town shall not be liable for any damage in the event of failure. By acceptance of this Order, the owners agree to indemnify and hold harmless to the Town and its residents for any damage attributable to alterations undertaken on this property pursuant to the Order. Issuance of these Conditions does not in any way imply or certify that the site or downstream areas will not be subject to flooding, storm damage or any other form of water damage. PRIOR TO CONSTRUCTION 38. No work shall be undertaken until aH administrative appeal periods from this Order have elapsed or, if such an appeal has been filed, until all proceedings before the Department or Court have been completed. 39. This Order shall be recorded by the applicant at the Registry of Deeds immediately after the expiration of all appeal periods. No work shall be undertaken until the Final Order has been recorded in the Registry of Deeds or the Land Court for the district in which the land is located, within the chain of title of the affected property. In the case of recorded land, the Final Order shall also be noted in the Registry"s Grantor Index under the name of the owner of the land upon which the proposed work is to be done. In the case of registered land, the Final Order shall also be noted on the Land Court Certificate of Title of the owner of the land upon which the proposed work is to be done. The recording information shall be submitted to the North Andover Conservation Commission on the form at the end of this Order prior to commencement of the work. Any Order not recorded by the applicant before work commences may be recorded by the NACC at the applicant' s expense. 40. A sign shall be displayed at the site not less than two square feet or more than three square feet in size bearing the words "Massachusetts DEP, File Number 242-1523." 41. Any changes in the submitted plans caused by the applicant, another Board's decision or resulting from this Order of Conditions must be submitted to the NACC for approval prior to implementation. If the NACC finds said changes to be significant, the NACC will call for another public hearing (at the expense of the applicant). Within 21 days of the close of said public hearing the NACC will issue an amended or new 242-1523, 273 berry street ooc.doc 4 NACC 10/13/2011 Bk 12671 Pg294 #25745 DEP FILE # 242 - 1523 Order of Conditions. Any errors found in the plans or information submitted by the applicant shall be considered as changes. No work shall begin on a project until written approval has been granted by the NACC. 42. It is the responsibility of the applicant, owner, and/or successor(s) to ensure that aft conditions of this Order of Conditions are complied with. The project engineer and contractors are to be provided with a copy of this Order of Conditions and referenced documents before commencement of construction. 43. Prior to any work commencing on-site, the applicant shall submit to the NACC for approval, a dated and detailed sequence of construction, including the construction of storage areas, installation of sedimentation/ erosion control devices, well drilling, foundation installation and final stabilization. 44. Prior to the commencement of any work on site, a Registered Land Surveyor (R.L.S.) shall stake the foundation comers of the house, These measurements will be verified in the field during the pre -construction meeting 45. Wetland flagging shall be checked prior to start of construction and shall be re- established where missing. All wetland flagging shall remain visible and enumerated per the approved plan(s) throughout the life of the project and until a Certificate of Compliance is issued so that erosion control measures can be properly placed and wetland impacts can be monitored. The proposed limit of work shall be shall be clearly marked with erosion controls or temporary fencing and shall be confirmed by -the NACC. Such barriers shall be checked and replaced as necessary and shall be maintained until all construction is complete. Workers should be informed that no use of machinery, storage of machinery or materials/ stockpiling of soil, or construction activity is to occur beyond this line at any time. 46. A Filtrexx SiltSoxx shall be placed between all construction areas and wetlands. The erosion control barrier will be properly installed and placed as shown on the plans approved and referenced herein and shall be inspected and approved by the NACC or its agent prior to the start of construction and shall remain intact until all disturbed areas have been permanently stabilized to prevent erosiom All erosion prevention and sedimentation protection measures found necessary during construction shall be implemented at the direction of the NACC or its agent. The NACC reserves the right to impose additional conditions on portions of this project to mitigate any impacts which could result from site erosion, or any noticeable degradation of surface water quality discharging from the site. For example, installation of erosion control measures may be required in areas not shown on the plan(s) referenced in this Order of Conditions. Should such installation be required by the NACC, they shall be installed within 48 hours of the Commissior�s request. 47. The applicant shall have on hand at the start of any soil disturbance, removal or stockpiling, a minimum of 8 hay bales and sufficient stakes for staking these bales (or 242-1523, 273 berry mwt coc.doc 5 NACC 10/1312011 Bk 12671 Pg295 #25745 DEP FILE # 242 - 1523 an equivalent amount of silt fence, 1 hay bale to equal 3 feet of fence). Said bales shall be used only for the control of emergency erosion problems and shall not be used for the normal control of erosion. 48. A check payable to the Town of North Andover shall be provided in the amount of $3,000 which shall be in all respects satisfactory to Town Counsel, Town Treasurer, and the NACC, and shall be posted with the North Andover Town Treasurer through the NACC before commencement of work. Said deposit of money shall be conditioned on the completion of all conditions hereof, shall be signed by a party or parties satisfactory to the NACC, and Town Counsel, and shall be released after completion of the project, provided that provisions, satisfactory to the NACC, have been made for performance of any conditions which are of continuing nature. The applicant may propose a monetary release schedule keyed to completion of specific portions of the project for the NACCs review and approval. This condition is issued under the authority of the local ByLaw. 49. The applicant shall be responsible for placing signs on each parcel, where there is more than one (1) lot, designating the applicable lot number as depicted on the plans approved and referenced herein. 50. The applicant shall designate a Wetland Scientist (or other environmental professional as approved by the NACC or its agent) as an "Erosion Control Monitor" to oversee any emergency placement of controls and regular inspection or replacement of sedimentation control devices. The name and phone number of the erosion control monitor must be provided to the NACC in the event that this person has to be contacted, due to an emergency at the site, during any 24-hour period, including weekends. Proof of the retained monitor must be submitted to the Conservation Department on letterhead by the retained consulting firm for subsequent review and approval by the NACC or agent thereof. The Environmental Professional will immediately notify the Conservation agent of any matter that requires attention by the Commission or the agent. The erosion control monitor will be required to inspect all such devices and oversee cleaning and the proper disposal of waste products. Cleaning shall include removal of any entrapped silt. 51. At least once during each week in which construction activities occurs on-site and for as long thereafter as ground remains unstabilized, the applicant shall submit a written report from the "Erosion Control Monitor" to the NACC certifying that, to the best of his/her knowledge and belief based on a careful site inspection, all work is being performed in compliance with this Order of Conditions and that approved setbacks are being adhered to. The erosion control monitor must visually inspect all sedimentation/ erosion control measures and assume responsibility for their maintenance on a weekly basis and that they are functioning as intended. In addition, all wetland resource areas must be visually inspected for siltation, turbidity, and/or other water quality impacts. The Erosion Control Monitor shall be on site during 242-1523, 273 berry street ooc. doe 6 NACC 10/13/2011 Bk 12671 Pg296 #25745 DEP FILE # 242 - 1523 and/or following a major storm event of 1h "' inch of fain or greater (24 hour event) to ensure that soils remain stable, and erosion controls are adequate and secure. 52. Prior to construction, the applicant shall permanently mark the edge of the "No - Disturbance Zone" with a minimum of eight (8) signs or markers spaced evenly every 25 feet incorporating the following text- "Protected Wetland Resource Area" and the associated rules (one square/ rules sign for every 3 round/ Resource Area markers). This will designate their sensitivity and assure no further inadvertent encroachment into the wetland. These permanent markers are subject to review and approval by the NACC. The applicant shall instruct all agents to explain these markers to buyers/ lessees/landscapers and �dl persons taking over the property from the applicant. These markers shall remain posted and be replaced as necessary in perpetuity. Signs are available from the Conservation Department ($3 Square/$2 Round). 53. The applicant and/or the legal owner of that portion of land upon which these Orders of Conditions have been placed shall provide to the NACC prior to transferring, or assigning any portion of said land to another party, subject to said Orders of Conditions, the "Compliance Certification Form Affidavir attached via "Appendix A"' signed under the pains and penalties of perjur�y, stating that said applicant and/or owner has read these Orders of Conditions and is in compliance with each and every condition. This document shall apply to each of the conditions referenced herein and shall be provided to the Conservation Department at least five (5) business days prior to the closing of said land transaction. 54. Once these above mentioned pre -construction requirements are complete, the applicant shall contact the Conservation Office prior to site preparation or construction and shall arrange an on-site conference with an NACC representative, the contractor, environmental monitor and the applicant to ensure that all of the Conditions of this Order are understood. This Order shall be included in all construction contracts, subcontracts, and specifications dealing with the work proposed and shall supersede any conflicting contract requirements. The applicant shall assure that all contractors, subcontractors and other personnel performing the permitted work are fully aware of the perniif s terms and conditions. Thereafter, the contractor will be held jointly liable for any violation of this Order of Conditions resulting from failure to comply with its conditions. The applicant or contractor shall notify the NACC in writing of the identity of the on-site construction supervisor hired to coordinate construction and to ensure compliance with this Order. A reasonable period of time shall be provided as notice of the pre -construction meeting (e.g. 72 hours). STORMWATER MANAGEMENT CONDITIONS 242-1523, 273 berry street aoc.doc 7 NACC 10113/2011 Bk 12671 Pg297 #25745 DEP FILE # 242 - 1523 55. Water quality in down gradient BVW`s shall not differ significantly following completion of the project from the pre -development conditions. There shall be no sedimentation into wetlands or water bodies from discharge pipes or surface runoff leaving the site. 56. The applicants, owners, and their successors and assignees, shall maintain all culverts� collections basins, traps, outlet structures, subsurface storage areas, and other elements of the drainage system in order to avoid blockages and siltation which might cause failure of the system and/or detrimental impacts to on-site or off-site resource areas, and shall maintain the integrity of vegetative cover on the site. DURING CONSTRUCTION 57. IMPORTANT: Immediately upon completion of the dwelling foundation, and prior to further construction activities associated with the site, the applicant shall complete a plan prepared by a Registered Professional land Surveyor of the Commonwealth (R.P.L.S.) which accurately depicts the foundation location and it�s proximity to wetland resource areas as approved under this Order of Conditions. Said plan shall be submitted to the Conservation Administrator for approval. 58. Upon beginning work, the applicant shall submit written progress reports every month detailing what work has been done in or near resource areas, and what work is anticipated to be done over the next period. This will update the construction sequence. 59. 1he sewer lines on the site, where they cross wetland resource areas, shall be tested for water tightness in accordance with North Andover DPW standards. 60. Approved de -watering activities anticipated shall be supervised and witnessed by the designated erosion control monitor. This designee must be on-site while work specific to foundation dewatering and well drilling is. De -watering activities shall be conducted as shown on the approved plans and shall be monitored daily by the erosion control monitor to ensure that sediment laden water is appropriately settled prior to discharge toward the wetland resource areas. No discharge of water is allowed directly into an area subject to jurisdiction of the Wetlands Protection Act and/or the North Andover Wetland Bylaw. If emergency de -watering requirements arise, the applicant shall submit a contingency plan to the Commission for approval, which provides for the pumped water to be contained in a settling basin, to reduce turbidity prior to discharge into a resource area. 61. Any fill used in connection with this project shall be clean fill, containing no trash, refuse, rubbish or debris, including but not limited to lumber, bricks, plaster, wire, lath, paper, cardboard, pipe, tires, ashes, refrigerators, motor vehicles or parts on any of the foregoing. 242-1523, 273 berry street ooc.doc 9 NACC 10/13/2011 Bk 12671 Pg298 #25745 DEP FILE 4 242 - 1523 62. No exposed area shall remain unfinished for more than thirty (30) days, unless approved by the NACC. 63. No re -grading in the buffer zone shall have a slope steeper than 2:1 (horizontal: vertical). Slopes of steeper grade shall be rip -rapped to provide permanent stabilization. 64. There shall be no stockpiling of soil or other materials within twenty-five (25) feet of any resource area. 65. Washings from concrete trucks, or surplus concrete, shall not be directed toany drainage system, or wetland resource area. Concrete washing shall not occur on site unless a wash area is proposed and approved by the Conservation Department. 66. All waste generated by, or associated with, the construction activity shall be contained within the limit of work, and away from any wetland resource area. There shall be no burying of spent construction materials or disposal of waste on the site by any other means. The applicant shall maintain dumpsters (or other suitable means) at the site for the storage and removal of such spent construction materials off-site. However, no VAV_ trash dumpsters will be allowed within 50' of areas subject to protection under the Act or local ByLaw. 67. Accepted engineering and construction standards and procedures shall be followed in the completion of the project. 68. During and after work on this project, there shall be no discharge or spillage of fuel, or other pollutants into any wetland resource area. If there is a spill or discharge of any pollutant during any phase of construction the NACC shall be notified by the applicant within one (1) business day. No construction vehicles are to be stored within 100 feet of wetland resource areas, and no vehicle refueling, equipment lubrication, or maintenance is to be done within 100 feet of a resource area. I AFIER CONSTRUCTION M"I 69. No underground storage of fuel oils shall be allowed on any lot within one -hundred (100) feet of any wetland resource area. This condition shall survive this Order of Conditions and shall run with the title of the property. This condition is issued under the authority of the Town's Wetland protection ByLaw. 70. Prior to the issuance of a Certificate of Compliance, the applicant shall collect and submit documentation to the Natural Heritage and Endangered Species Program (NHESP) seeking certification of the potential vernal pool located on the property and identified during site inspections. ?42-1523, 273 berry street ooc.doc 9 NACC 10/13/2011 Bk 12671 Pg299 #25745 DEP FILE 4 242 - 1523 71. Fertilizers utilized for landscaping and lawn care shall be slow release, low -nitrogen types (< 5 %), and shall not be used within the designated no disturbance zone (beyond stone wall boundary). Pesticides and herbicides shall not be used within 100 feet of a wetland resource area. This condition shall survive this Order of Conditions and shall run with the title of the property. This condition is issued under the authority of the Town's Wetland Protection ByLaw and shall remain in perpetuity. 72. No road salt, sodium chloride, or other de-icing; chemicals shall be used on paved surfaces within the buffer zone, and any arrangement for snow removal shall so stipulate due to the importance of the site and wetlands. 73. Upon completion of construction and grading, all disturbed areas located outside resource areas shall be stabilized permanently against erosion. This shall be done by loaming and seeding according to NRCS standards. Stabilization will be considered complete once full vegetative cover has been achieved. 74. Upon approved site stabilization by Conservation staff, the erosion controls shall be removed and properly disposed of and all exposed unvegetated areas shall be seeded. 75. Upon completion of the project the applicant shall submit the following to the Conservation Cornn-dssion as part of a request for a Certificate of Compliance: a. WPA Form 8A - "Request for a Certificate of Compliance." b. A letter from the applicant requesting a Certificate of Compliance. c. The name and address of the current landowner. d. Signed statements from the individual property owners shall be submitted with the request for a Certificate of Compliance indicating that they read and understood the recorded Order of Conditions prior to purchasing their property. e. The name and address of the individual/ trust or corporation to whom the compliance is to be granted. f. The street address and assessor's map/ parcel number for the project. g. The DEP file number. h. A written statement from a Registered Professional Civil Engineer (and/or Registered Professional Land Surveyor) of the Commonwealth certifying that the work has been conducted as shown on the plan(s) and documents referenced above, and as conditioned by the Commission. i. An "As -Built" plan prepared and signed and stamped by a Registered Professional Civil Engineer (and/or Registered Professional Land Surveyor) of the Commonwealth, for the public record. This plan will include: > "As -Built" post -development elevations of all drainage & stormwater management structures constructed within 100 feet of any wetland resource area. NOTE: If portions of the stormwater systems exist partially within the Buffer Zone than the entire structure must be depicted to accurately verify compliance. 242-1523, 273 berry street ooc.doc 10 NACC 10/13/2011 Bk 12671 Pg300 #25745 DEP FILE # 242 - 1523 > "As -Built" post -development elevations and grades of all filled or altered wetland resource areas including the encompassing buffer zone which is regulated as a resource area under the local Wetland Protection Bylaw. > Distances from structures to wetland resource areas. Structures include (but are not limited to) septic systems, additions, fences, sheds, stone walls, pools, retaining walls, subsurface utilities and decks. > A line showing the limit of work and the extent of existing erosion control devices. "Work" includes any disturbance of soils or vegetation. > Location of all subsurface utilities entering the property. 76. The following special conditions shall survive the issuance of a Certificate of Compliance (COC) for this project: > A 25' No -Disturbance Zone and 50' No -Build Zone to BVW and a 5(Y No - Disturbance Zone and a 75' No -Construction Zone to Ephemeral Pool Habitat shall be established from the edge of adjacent wedand resource areas except in those locations approved under DEP # 242-1523. Future work within 100' of existing wetland resource areas will require a separate filing with the NACC of the Regulations for performance standards within these zones) The Conservation Administrator and/or other agents of the NACC do not have the authority to waive these setbacks as established under the local ByLaw; > Resource Area Markers (Condition #52); )o Discharge Or spillage of pollutants (Condition #68); > Prohibition of underground fuels (Condition #69); > Limitations on the use of fertilizers, herbicides, road salts, de-icing compounds and pesticides (Conditions #71 & 72). 242-1523, 273 berry street ooc.doc I I NACC 10113/2011 TOWN OF NORTH ANDOVER APPLICATION FOR PLAN, EXAMINATION -lermit NO, Date Received )ate LWORTANiT: Applicant must omplete all items on ttas D'7 S "-ee r% r, y ree 4- r 'D.4-+ MAP NO: _jO&O pARCEL-__�fj ZONING DISTRICT: K ':A- ffistoric Distdet yes Q9 Machine Shop Wage yes d!P 100 year-old structure yes OD ::�P_ I E OF IM_PROVEMENT XNew Building o Addition CiAlteration 0 Repair, replacement pa,�w�q S PROPOSED USE J�e �idenfial k One family 0 Two or more family No. of units: 0 Assessory Bldg 0 Other FES _6p�pTJON OF WORK TO BE PERFORMED: L00-1 �' Please Type or Print Clearly) )w,\TER: Name: INEE-LM-LM _zLw__ & kddress: 1111 &A Non- Residential 0 Industrial 0 Commercial 0 Others: -,oNTRACTOR WT­a- Phone: kddress: 3upervisor's- Construction License: -lorne Improvement License: EXP. Date: Exp. Date: Phone: 97L %RCHITECVENGINEER��r) Nddress: 43 ver�dll . Reg. No 7 1 i FEE SCHEDULE.. BU1_D11VGpERM1r. $1Z00 PER $1000.00 OF THE TOTAL ESMATED cosrBASED.ON$125.00 PER S.F. rotal Project Cost: $ FEE: $ ,-.heck No.: Receipt No.: persons contracting With unregistered contractors do not have access to the guarantyfund �TOTE: Hello Gregg, This is a follow up to our conversation held today about the new potable well that will service the new structure at 273 Berry Street. Thank you for taking the time to speak with me. This is an informational email and does not require any action at this time, however, it is noted that you have been advised of the requirements of our local regulations. You have been informed that the importance of having the well installed, having a water test done on the well at a licensed facility and finally submitting all paperwork to the Health Office before the building permit issuance. I did not mention that there are also important procedures to abandon the current well, therefore please contact us when you are ready to do so. If you have any questions, please do not hesitate to call the Health Office. We do not locally license Well Drillers, however they must be a state licensed well driller. Also note that currently the fee for the well permit is $135. Thank you, Susan Attached are the local regulation and below is a link to the application to install a well. Please see section 2 regarding permits. 2.4 requires the potable well to be in place prior to the building permit issuance. Application for well driller http://www.townofnorthandover.com/Pages/NAndoverMA Health/well.pdf Stmatt Saw#,u YaNk ReaftA Dbwd" 16CO (96good Stwd Xe4 20, una 2�36 NaA andam, Ata C1845 a#ke 978 688-954C fax 978 6884476 All email messages and attached content sent from and to this email account are public records unless qualified as an exemption under the [ http://www.sec.state.ma.us/pre/preidx.htm ]Massachusetts Public Records Law. Sawyer, Susan From: Dan O'Connell [dano@csi-engr.com] Sent: Thursday, August 18, 2011 10:25 AM To: Sawyer, Susan Subject: 273 Berry Street Sue, here is the contact info: Gregg Quimby and Maria Gildea 113 Boston Street Middleton, MA 01949 978-857-1005 gregg quimby(a,comcast.net Best regards, Daniel J. O'Connell, P.E. CHRISTIANSEN & SERGI, INC. PROFESSIONAL ENGINEERS AND LAND SURVEYORS 160 Summer Street Haverhill, MA 01830 Tel. 978-373-0310 Fax 978-372-3960 E-mail: dano(a),csi-enqr.com www.csi-enqr.com 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: hffp://www.sec.state.ma.us/pre/preidx.htm. Please consider the environment before printing this email. tAORTH Zoning Bylaw Review Form Town Of North Andover Building Department 1600 Osgood St. Bldg 20 Suite 2-36 North Andover, MA. 01845 Phone 978-688-9545 Fax 978-688-9542 Street: 273 Berry Street Map/Lot: Map 108C /Lot 49 Applicant: Gregg P. Quimby and Maria Gildea Request: Raise existing single family and construct a new single family. Date: _ Aug 16, 1011 Please be advised that after review of your Application and Plans that your Application is DENIED for the following Zoning Bylaw reasons: Zoninq R2 Remedy for the above is checked below Item # Special Permits Planning Board Item Notes X Setback Variance Item Notes A Lot Area Common Driveway Special Permit F Frontage Variance for Sign 1 Lot area Insufficient X I Frontage Insufficient Earth Removal Special Permit ZBA 2 Lot Area Preexisting X 2 Frontage Complies X 3 1 Lot Area Complies 3 Preexisting frontage 4 Insufficient Information 4 Insufficient Information B Use 5 No access over Frontage I Allowed X G Contiguous Building Area 2 Not Allowed I Insufficient Area 3 Use Preexisting X 2 Complies X 4 Special Permit Required 3 Preexisting CBA 5 Insufficient Information 4 Insufficient Information C I Setback H Building Height I All setbacks comply I He—ight xceeds Maximum 2 Front Insufficient X 2 Complies X 3 Left Side Insufficient 3 Preexisting Height 4 Right Side Insufficient 4 Insufficient Information 5 Rear Insufficient I Building Coverage 6 Preexisting setback(s) I CoTerage exceeds maximum 7 Insufficient Information 2 Coverage Complies X D Watershed 3 Coverage Preexisting I I Not in Watershed X 4 Insufficient Information 2 1 In Watershed j Sign 3 Lot prior to 10/24/94 1 Sign not allowed N/A 4 Zone to be Determined 2 Sign Complies 5 Insufficient Information 3 Insufficient Information E Historic District K Parking 1 In District review required `1 More Parking Required 2 Not in district X 2 Parking Complies X 3 Insufficient Information 3 Insufficient Information i --ff4—_Pre-existing Parking Remedy for the above is checked below Item # Special Permits Planning Board Item # Variance Site Plan Review Special Permit X Setback Variance Access other than Frontage Special Permit Parking Variance Frontage Exception Lot Special Permit Lot Area Variance Common Driveway Special Permit Height Variance Congregate ousing Special Permit Variance for Sign Continuing Care Retirement Special Permit Permits Zoning Board __.Special Independent Elderly Housing Special Permit -Special Permit Non -Conforming Use ZBA Larqe Estate Condo Special Permit Earth Removal Special Permit ZBA Planned Development District Special Permit Permit Use not Listed but Similar Planned Residential Special Permit -Special Special Permit for Sign R-6 Density Special Permit X Special permit for preexisting nonconforming Watershed Special Permit The above review and attached explanation of such is based on the plans and information submitted. No definitive review and or advice shall be based on verbal explanations by the applicant nor shall such verbal explanations by the applicant serve to provide definitive answers to the above reasons for Any inaccuracies, misleading information, or other subsequent changes to the information submitted by the applicant shall be grounds for this review to be voided at the discretion of the Building Department. The attached document titled "Plan Review Narrative" shall be attached hereto and incorporated herein by reference. The building department will retain all plans and documentation for the above fi*ib. You must file a new permit application form and begin the itting process. p Buildin 'epartmeht Official Signature Applic6tion fteceived Application'Denied Denial Sent : If Faxed Phone Number/Date: Plan Review Narrative The following narrative is provided to further explain the reasons for DENIAL for the APPLICATION for the property indicated on the reverse side: Item � Reasons for Reference Section 19.1 1 Non conforming use I 19.2 1 Alteration or Extension -Special Permit by Board of Appeals I 7.3 1 Yards (setbacks) Minimum front setbacks shall be set forth in Table 2, required 30 feet, Proposed 15.7 --Variance Referred To: Fire X Health Police X Zoning Board X Conservation X Department of Public Works Planning Historical Commission Other Building Department Location No. ko Date 2 62 Iq TOWN OF NORTH ANDOVER Certificate of Occupancy $ Building/Frame Permit Fee $ &S U Foundation Permit Fee $ Other Permit Fee a4w $ Sewer Connection Fee $ Water Connection Fee $ TOTAL $ 'D t a Building Inspector 7930 3�db - Div ,public Works 0 (4 0-16 ON r-4 (4 7!1 u 0 �20 u U) u w 00 Z co -15 0 LE C2 Qj Z u cz x C13 to cz U. u w 24 to C4 V u V) X 1 -C bo 0 C4 —cz �r. v 6 z - u C/) u 0 V) 7!1 F-4 71 0 CIO w . 0 C/) CIO P-4 0 S I co -j < E C13 G) co C, 2 LU a_ co co cm C) LU ca co co Cc CO 0 CD C) C3 C42= C3 >. C5 L— > CD C.3 CL CL E S G." C Cc < CJ ;z CL C2 CO2 C.3 CD cm t� cm CL. CA ca cc Ljj COD cm ca cc Uc. ca "E SO U) h CL.C..D CD co "Or. = =cc, E- cm S COL. =0 CIO c-, A :c — C., C=,3 CD CD C2 ES 0 'D A -M C=a 02 E CL= U 'Co., CO2 CM U= i L2 b— 0 Q tm CD COD CL to W— J2 :m- 0 CO2 cc = ca L- M a CL4- F-4 71 0 CIO w . 0 C/) CIO P-4 0 S I co -j < E C13 G) co LU a_ co co cm C) LU ca co co LU U) CO 0 CD C) C3 >. C5 L— > CD C.3 CL G." C Cc < CJ ;z CL C2 CO2 C.3 CD 2m cm CL. CA cc Ljj COD cc LU Cl- U) FIRSTCHOICE CONSTRUCTION CO. LIC. GENERAL CONTRACTORS Additions Vinyl Siding Kitchens Trim Work Baths Vinyl Replacement Decks Windows Cellar Conversions Bows & Bays Chad McDougall Kirk Fortuna 508-531-0184 508-745-4880 Page No. of Proposat Pages PROPOSAL SUBMITTED TO PHONE DATE /w/t oc- jC—)P �6� STREET JOB NAME 2--2-3 zen-� f., CITY. STATE AID ZIP CODE JOB LOCATION —S ARCHITECT DATE OF PLANS JOB PHONE We hereby propose to furnish materials and labor necessary for the completion of Our Top Quality Work is Fully Guaranteed 1 1-7 Ix— >401VAOkwe bs� 7 a-.1 AVL, -L &C /7 Ze.--r a -I J, I Z' X) XV (Pv7161--1 re' %Z A4911 &2 br-:� ga--t /& ev JC ;V - e'o /1 ') WE PROPOSE hereby.to furnish material and labor — complete in accordance with abonle specifications, for the sum of: yment to —9 All material is guaranteed to be as specified. All work to be completed in a substantial workmanlike manner according to specifications submitted, per standard practices. Any alteration or deviation from above specifications involving extra costs will be executed only upon written orders, and will become an extra charge over and above the estimate. All agreements contingent upon accidents or delays beyond our control. ACCEPTANCE OF PROPOSAL -the at)o,,e prices, specifications and concli. tions are satisfactory ano are hereby acceotea. YOU are author,Zea to do the work as sciecifiecs. Payment will be maoe as Outline above. 21: dollars (SJV(�71 421" ) 5-0 - CA6 Authorized G� Signature Note This proposal may be withdrawn by us if not accepted within days Signal �� s �� �� � ?h I- lz� PERMIT NO (0(00 APPLICATION FOR PERMIT TO BUILD - NORTH ANDOVER, MASS. PAGE, I MAP 4-40. LOT NO. 2 RECORD OF OWNERSHIP IDATE BOOK ;PAGE ZONE SUB DIV. LOT NO. 7 LOCATION PURPOSE OF BUILDING a4aCp4 4,,,_ /11"44 OWNER'S NAME 6foeff NO. OF STORIES SIZE avwr OWNER'S ADDRESS 4affl*&j00" BASEMENT OR SLAB /- /A, ARCHITECT'S NAME SIZE OF FLOOR TIMBERS I ST;z-ar.,; 2ND 3RD BUILDER'S NAMEfiz� rd, - 4w1ult.- SPAN DISTANCE TO NEAREST BUILDING DIMENSIONS OF SILLS POSTS DISTANCE FROM STREET DISTANCE FROM LOT LINES - SIDES REAR GIRDERS AREA OF LOT FRONTAGE HEIGHT OF FOUNDATION THICKNESS IS BUILDING NEW SIZE OF FOOTING x IS BUILDING ADDITION MATER:AL OF CHIMNEY IS BUILDING ALTERATION IS BUILDING ON SOLID OR FILLED LAND WILL BUILDING CONFORM 'TO REQUIREMENTS OF CODE yr IS BUILDING CONNECTED TO TOWN WATER BOARD OF APPEALS ACTION. IF ANY IS BUILDING CONNECTED TO TOWN SEWER IS BUILDING CONNECTED TO NATURAL GAS LINE INSTRUCTIONS 3 PROPERTY INFORMATION 74-4k,- LAND COST SEE BOTH SIDES r EST. BLDG. COST 44 g PAGE I FILL OUT SECTIONS I - 3 A40w- ov;* EST. BLDG. COST PER SQ. FT. PAGE 2 FILL OUT SECTIONS I - 12 0eA0o-o*-iv EST. BLDG. COST PER ROOM 4-04�ovw 41 SEPTIC PERMIT NO. ELECTRIC METEPS MUST BE ON OUTSIDE OF BUILDING i�6'ffl 4 APPROVED BY ATTACHED GARAGES MUST CONFORM TO STATE FIRE REGULATIONS 4t PLANS MUST BE FILED AND APPROVED BY BUILDING INSPECTOR DATE FILED 2- 'o' Z--�-o MUILDING INSPMCTO#t dp C'� - 00" SIGNATURE 2�^'NIWOR AUTHORIZED AGENT F E E OWNER TEL. # PERMIT GRANTED 19 �c_ '�o VAUS"T- CONTR. TEL. # CONTR. LIC. # H. I. C. # Aj- crill, I I BUILDING RECORD OCCUPANCY 12 SINGLE FAMILY S�OPIES MULTI, FAMILY APARTMENTS CONSTRUCTION 2 FOUNDATION 8 INTERIOR FINISH CONCRETE - FINE 3 2 13 CONCRETE BL K. BRICK OR STONE KARDW D PIERS PLASTER DRY V—VALL �NFIN 3 BASEMENT AREA FULL FIN. B M T AREA 1/1 1/2 1/1 FIN. ATTiC AREA NO EMT HEAD ROOM FIRE PLACES MODERN KITCHEN 4 WALLS 9 FLOORS CLAPBOARDS B 1 2 3 DROP SIDING WOOD SHINGLES CONCRETE EARTH ASPHALT SIDING__ ASBESTOS SIDING VERT. SIDING STUCCO ON MASONRY HARDNIV D COMMON ASPH. TILE STUCCO ON FRAME I BRICK ON MASONRY BRICK ON FRAME ATTIC STRS. & FLOOR J— CONC. OR CINDER BLK. WIRING STONE ON MASONRY STONE ON FRAME SUPERIOR OOR DEQUATE 5 ROOF 10 PLUMBING GABLE HIP BATH (3 FIX.) G_A M B R E L -WA­NSARD I TOILET RM. (2 FIX.) LAT F FLAT ] SHED WATER CLOSET ASPHALT SHINGLES LAVATORY WOOD SHINGES KITCHEN SINK SLATE NO PLUMBING TAR & GRAVEL STALL SHOWER ROLL ROOFING M DERN FIXTURES TLE FLOOR TILE DADO 6 FRAMING 11 HEATING WOOD JOIST PIPELESS FURNACE FORCED HOT AIR FURN. TIMBER EMS. & COLS. STEAM STEEL BMS. & COLS. HOT W T'R OR VAPOR WOOD RAFTERS_ AIR CONDITIONING RADIANT H'T G UNIT HEATERS 7 NO. OF ROOMS GAS Oil B*M T 2�d To—1 3,d LECTS C- NLO �EALTIIG THIS SECTION MUST SHOW EXACT DIMENSIONS OF LOT AND DISTANCE FROM LOT LINES AND EXACT DIMENSIONS OF BUILDINGS. WITH PORCHES, GA- RAGES, ETC. SUPERIMPOSED. THIS REPLACES PLOT PLAN. COMMONWEALTH OF MASSACHUSETTS EXPIRATION DATE 01/01/1997 RESTRICTIONS NONE SS Al 527-43-5930 Fib(). ()() WWI HOME IMPROVEMENT CONTRACTOR Registration 105316 Type - PARTNERSHIP' Expiration --07/17/96- First Choice Constructim'.1 ahad McDougall ADMINISWMIR 16 Park St. Peabody MA 01966 DEPARTMENT OF PUBLIC SAFETY BOSTON, MA 02108 ONE ASHBORTON PLACE LICENSE CONSTR. SUPERVISOR CAUTION 7 jL EFFECTIVE DATE LIC -NO. ',03/31/1994 055928 P CHAD MCDOUGALL ZO 16 PARK ST 0 c: PEABODY MA .01960 Z HEIGHT: DOB: 01101/1965'! THIS DOCUMENT MUST BE CARRIED ON THE PERSON '! THE HOLDER WHEN EN GAGED IN THIS OCCUPATION NOT VALID UNTIL SIGNED By LICENSEE AND OFFICIALLY STAMPED - OR - SIGNATURE OF THE COMMISSIONER A' FOR PROTECTION AGAINST THEFT, PUT RIGHT THUMB PRINT IN APPROPRIATE BOX ON LICENSE. MUST INCLU155 PHOIO-*,' I L FEB 16 1994 1 SIGVAMEI FU P.ICTU.RELINE -6 I aum ----- - - - - - - - - - - - - - - - COMOAONWEALTH DEPARTME4TOF PUBLIC SAFETY OF ONE ASHBORTON PLACE MASSACHUSETTS BOSTON, N A 02108 I E CAUTION _IR EXPIRATIONDATE 051/2-5/ F) N!::; T .-IF'ERVISC EFFECTIVE ATE LIC -NO. 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