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HomeMy WebLinkAboutMiscellaneous - 357 DALE STREET 4/30/2018 (3)G Ll'Massachusetts Department of Environmental Protection Bureau of Resource Protection - Wetlands WPA Form 5 - Order of Conditions Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 Important: When filling out forms on the computer, use only the tab key to move your cursor - do not use the return key. Q ienen A. General Information From: North Andover 1. Conservation Commission DEP File Number: 242-1417 2. This issuance is for (check one): ® Order of Conditions ❑ Amended Order of Conditions 3. To: Applicant: Frederick a. First Name 357 Dale Street a. marring Haaress North Andover e. City/Town McCarthy b. Last Name 4. Property Owner (if different from applicant): Same c. Company MA f. State 01845 g. Zip Code a. First Name b. Last Name c. Company d. Mailing Address e. City/Town f. State g. Zip Code 5. Project Location: a. Street Address b. City/Town c. Assessors Map/Plat Number d. Parcel/Lot Number Latitude and Longitude, if known (note: electronic filers will click for GIS locator): e. Latitude f. Longitude 6. Property recorded at the Registry of Deeds for (attach additional information if more than one parcel): Essex North a. County b. Certificate (if registered land) c. Book d. Page 11/2/07 I as o7 t 7. Dates: a. Date Notice of Intent Filed b. Date Public Hearing Closed c. Date df Iss ance 8. Final Approved Plans and Other Documents (attach additional plan or document references as needed): Site Plan a. Plan Title New England Engineering Services Inc. Benjamin C. Osgood, P. E. b. Prepared By; c. Signed and Stamped by 10/19/07, revised 13byo-7 1" = 20' d. Final Revision Date e. Scale f. Additional Plan or Document Title g. Date 9. Total WPA Fee Paid: $220.00 $42.50 $177.50 a. Total Fee Paid b. State Fee Paid c. City/Town Fee Paid wpaform5.doc • rev. 3/1/05 Page 1 of 9 1 LI)Massachusetts Department of Environmental Protection Bureau of Resource Protection - Wetlands WPA Form 5 - Order of Conditions Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 DEP File Number: 242-1417 B. Findings 1. Findings pursuant to the Massachusetts Wetlands Protection Act: Following the review of the above -referenced Notice of Intent and based on the information provided in this application and presented at the public hearing, this Commission finds that the areas in which work is proposed is significant to the following interests of the Wetlands Protection Act. Check all that apply: a. ® Public Water Supply b. ❑ Land Containing Shellfish c. ® Prevention of Pollution f. ® d. ® Private Water Supply e. ❑ Fisheries Protection of WildlifeHabitat g. ® Groundwater Supply h. ® Storm Damage Prevention i. ® Flood Control 2. This Commission hereby finds the project, as proposed, is: (check one of the following boxes) Approved subject to: ® the following conditions which are necessary in accordance with the performance standards set forth in the wetlands regulations. This Commission orders that all work shall be performed in accordance with the Notice of Intent referenced above, the following General Conditions, and any other special conditions attached to this Order. To the extent that the following conditions modify or differ from the plans, specifications, or other proposals submitted with the Notice of Intent, these conditions shall control. Denied because: ❑ the proposed work cannot be conditioned to meet the performance standards set forth in the wetland regulations. Therefore, work on this project may not go forward unless and until a new Notice of Intent is submitted which provides measures which are adequate to protect these interests, and a final Order of Conditions is issued. A description of the performance standards which the proposed work cannot meet is attached to this Order. ❑ the information submitted by the applicant is not sufficient to describe the site, the work, or the effect of the work on the interests identified in the Wetlands Protection Act. Therefore, work on this project may not go forward unless and until a revised Notice of Intent is submitted which provides sufficient information and includes measures which are adequate to protect the Act's interests, and a final Order of Conditions is issued. A description of the specific information which is lacking and why it is necessary is attached to this Order as per 310 CMR 10.05(6)(c). Inland Resource Area Impacts: Check all that apply below. (For Approvals Only) ❑ Buffer Zone Impacts: Shortest distance between limit of project disturbance and wetland boundary (if available) linear feet Resource Area Proposed Permitted Proposed Permitted Alteration Alteration Replacement Replacement 3. ❑ Bank a. linear feet 4. ❑ Bordering Vegetated Wetland a. square feet 5. ❑ Land Under a. square feet Waterbodies and Waterways e. cu.yd dredged b. linear feet c. linear feet d. linear feet b. square feet c. square feet d. square feet b. square feet c. square feet d. square feet 1. uu.yu uicuyeu wpaform5.doc • rev. 311/05 - Page 2 of 9 Massachusetts Department of Environmental Protection Bureau of Resource Protection - Wetlands WPA Form 5 - Order of Conditions Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 DEP File Number: 242-1417 B. Findings (cont.) Coastal Banks 15. ❑ Rocky Intertidal Resource Area Proposed Permitted Proposed 17. ❑ Alteration Alteration Replacement 6. ❑ Bordering Land Subject to Flooding a. square feet b. square feet c. square feet Cubic Feet Flood Storage e. cubic feet f. cubic feet g. cubic feet 7. .❑ Isolated Land Subject to Flooding a. square feet b. square feet Cubic Feet Flood Storage c. cubic feet d. cubic feet e. cubic feet s. ❑ Riverfront area a. total sq. feet b. total sq. feet Sq ft within 100 ft c. square feet d. square feet e. square feet Sq ft between 100-200 ft e. square feet f. square feet e. square feet Coastal Resource Area Impacts: Check all that apply below. (For Approvals Only) 9. ❑ Designated Port Areas Indicate size under Land Under the Ocean, below 1o. ❑ Land Under the Ocean a. square feet b. square feet 11. ❑ Barrier Beaches 12. ❑ Coastal Beaches 13. ❑ Coastal Dunes 14. ❑ Coastal Banks 15. ❑ Rocky Intertidal Shores 16. ❑ Salt Marshes 17. ❑ Land Under Salt Ponds 18. ❑ Land Containing Shellfish 19. ❑ Fish Runs 20. ❑ Land Subject to Coastal Storm Flowage Permitted Replacement h. cubic feet f. cubic feet Indicate size under Coastal Beaches and/or Coastal Dunes below a. linear feet b. linear feet a. square feet b. square feet Indicate size under Coastal Banks, inland Bank, Land Under the Ocean, and/or inland Land Under Waterbodies and Waterways, above wpaform5.doc • rev. 3/1/05 Page 3 of 9 ' Massachusetts Department of Environmental Protection Bureau of Resource Protection - Wetlands WPA Form 5 - Order of Conditions Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 DEP File Number: 242-1417 C. General Conditions Under Massachusetts Wetlands Protection Act (only applicable to approved projects) 1. Failure to comply with all conditions stated herein, and with all related statutes and other regulatory measures, shall be deemed cause to revoke or modify this Order. 2. The Order does not grant any property rights or any exclusive privileges; it does not authorize any injury to private property or invasion of private rights. 3. This Order does not relieve the permittee or any other person of the necessity of complying with all other applicable federal, state, or local statutes, ordinances, bylaws, or regulations. 4. The work authorized hereunder shall be completed within three years from the date of this Order unless either of the following apply: a. the work is a maintenance dredging project as provided for in the Act; or b. the time for completion has been extended to a specified date more than three years, but less than five years, from the date of issuance. If this Order is intended to be valid for more than three years, the extension date and the special circumstances warranting the extended time period are set forth as a special condition in this Order. 5. This Order may be extended by the issuing authority for one or more periods of up to three years each upon application to the issuing authority at least 30 days prior to the expiration date of the Order. 6. Any fill used in connection with this project shall be clean fill. Any fill shall contain no trash, refuse, rubbish, or debris, including but not limited to lumber, bricks, plaster, wire, lath, paper, cardboard, pipe, tires, ashes, refrigerators, motor vehicles, or parts of any of the foregoing. 7. This Order is not final until all administrative appeal periods from this Order have elapsed, or if such an appeal has been taken, until all proceedings before the Department have been completed. No work shall be undertaken until the Order has become final and then has been recorded in the Registry of Deeds or the Land Court for the district in which the land is located, within the chain of title of the affected property. In the case of recorded land, the Final Order shall also be noted in the Registry's Grantor Index under the name of the owner of the land upon which the proposed work is to be done. In the case of the registered land, the Final Order shall also be noted on the Land Court Certificate of Title of the owner of the land upon which the proposed work is done. The recording information shall be submitted to this Conservation Commission on the form at the end of this Order, which form must be stamped by the Registry of Deeds, prior to the commencement of work. 9. A sign shall be displayed at the site not less then two square feet or more than three square feet in size bearing the words, "Massachusetts Department of Environmental Protection" [or, WA DEP"] "File Number 242-1417 wpaform5.doc • rev. 3/1/05 Page 4 of 9 Massachusetts Department of Environmental Protection Bureau of Resource Protection - Wetlands DEP File Number: WPA Form 5 - Order of Conditions 242-1417 Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 C. General Conditions Under Massachusetts Wetlands Protection Act 10. Where the Department of Environmental Protection is requested to issue a Superseding Order, the Conservation Commission shall be a party to all agency proceedings and hearings before DEP. 11. Upon completion of the work described herein, the applicant shall submit a Request for Certificate of Compliance (WPA Form 8A) to the Conservation Commission. 12. The work shall conform to the plans and special conditions referenced in this order. 13. Any change to the plans identified in Condition #12 above shall require the applicant to inquire of the Conservation Commission in writing whether the change is significant enough to require the filing of a new Notice of Intent. 14. The Agent or members of the Conservation Commission and the Department of Environmental Protection shall have the right to enter and inspect the area subject to this Order at reasonable hours to evaluate compliance with the conditions stated in this Order, and may require the submittal of any data deemed necessary by the Conservation Commission or Department for that evaluation. 15. This Order of Conditions shall apply to any successor in interest or successor in control of the property subject to this Order and to any contractor or other person performing work conditioned by this Order. 16. Prior to the start of work, and if the project involves work adjacent to a Bordering Vegetated Wetland, the boundary of the wetland in the vicinity of the proposed work area shall be marked by wooden stakes or flagging. Once in place, the wetland boundary markers shall be maintained until a Certificate of Compliance has been issued by the Conservation Commission. 17. All sedimentation barriers shall be maintained in good repair until all disturbed areas have been fully stabilized with vegetation or other means. At no time shall sediments be deposited in a wetland or water body. During construction, the applicant or his/her designee shall inspect the erosion controls on a daily basis and shall remove accumulated sediments as needed. The applicant shall immediately control any erosion problems that occur at the site and shall also immediately notify the Conservation Commission, which reserves the right to require additional erosion and/or damage prevention controls it may deem necessary. Sedimentation barriers shall serve as the limit of work unless another limit of work line has been approved by this Order. 18. All work associated with this Order is required to comply with the Massachusetts Stormwater Policy Standards. Special Conditions: If you need more See attached space for additional conditions, select box to attach a text document wpaform5.doc • rev. 3/1/05 Page 5 of 9 Ll'Massachusetts Department of Environmental Protection Bureau of Resource Protection - Wetlands WPA Form 5 - Order of Conditions Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 If you need more space for additional conditions, select box to attach a text document DEP File Number: 242-1417 D. Findings Under Municipal Wetlands Bylaw or Ordinance 1. Is a municipal wetlands bylaw or ordinance applicable? ® Yes ❑ No 2. The North Andover hereby finds (check one that applies): Conservation Commission 3. ❑ that the proposed work cannot be conditioned to meet the standards set forth in a municipal ordinance or bylaw specifically: a. Municipal Ordinance or Bylaw b. Citation Therefore, work on this project may not go forward unless and until a revised Notice of Intent is submitted which provides measures which are adequate to meet these standards, and a final Order of Conditions is issued. 4. ® that the following additional conditions are necessary to comply with a municipal ordinance or bylaw: North Andover Wetland Protection Bylaw Chapter 178 a. Municipal Ordinance or Bylaw b. Citation The Commission orders that all work shall be performed in accordance with the following conditions and with the Notice of Intent referenced above. To the extent that the following conditions modify or differ from the plans, specifications, or other proposals submitted with the Notice of Intent, the conditions shall control. C. The special conditions relating to municipal ordinance or bylaw are as follows: See attached wpaform5.doc • rev. 3/1/05 Page 6 of 9 DEP FILE # 242 -1417 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 following conditions modify or differ from the plans, specifications or other proposals submitted with the Notice of Intent the conditions shall control. GENERAL CONDITIONS 18. Failure to comply with all conditions stated herein, and with all related statutes and other regulatory measures, shall be deemed cause to revoke or modify this Order. 19. This Order does not grant any property rights or any exclusive privileges; it does not authorize any injury to private property or invasion of property rights. However, the NACC, agent of the NACC or the Department of Environmental Protection (DEP) reserves the right to enter and inspect the property at all reasonable times until a Certificate of Compliance is issued, to evaluate compliance with this Order of Conditions, the Act (310 CMR 10.00), the North Andover Wetland ByLaw and Regulations, and may require any information, measurements, photographs, observations, and/or materials, or may require the submittal of any data or information deemed necessary by the NACC for that evaluation. Further, work shall be halted on the site if the NACC, agent or DEP determines that any of the work is not in compliance with this Order of Conditions. Work shall not resume until the NACC is satisfied that the work will comply and has so notified the applicant in writing. 20. This Order does not relieve the permittee or any other person of the necessity of complying with all other applicable federal, state or local statutes, ordinances, by-laws or regulations. 21. The work authorized hereunder shall be completed within three years from the date of this order. 22. This Order may be extended by the issuing authority for one or more periods of up to one year each upon application to the issuing authority at least thirty days (30) prior to the expiration date of the Order (Refer to Section 8.3)(p.37) of the North Andover Wetland Regulations). 23. The NACC reserves the right to amend this Order of Conditions after a legally advertised public hearing if plans or circumstances are changed or if new conditions or information so warrant. C:\Winword\OOC\242-1417\357DaleSt.doc 1 NACC 12/20/2007 DEP FILE # 242 -1417 24. Where the Department of Environmental Protection (DEP) is requested to make a determination and to issue a Superseding Order, the Conservation Commission shall be a party to all agency proceedings and hearings before the Department. 25. This Order is issued under File No. 242-1417. 26. The conditions of this decision shall apply to, and be binding upon, the applicant, owner, its employees and all successors and assigns in interest or control. These obligations shall be expressed in covenants in all deeds to succeeding owners of portions of the property. 27. The term "Applicant" as used in this Order of Conditions shall refer to the owner, any successor in interest or successor in control of the property referenced in the Notice of Intent, supporting documents and this Order of Conditions. The NACC shall be notified in writing within 30 days of all transfers of title of any portion of property that takes place prior to the issuance of a Certificate of Compliance. 28. The proposed work includes: The razing of an existing single-family dwelling for the construction of a new SFH, removal of a portion of existing pavement, utility installation (water and sewer) and planting activities within the buffer zone to a Bordering Vegetated Wetland (BVW). Additional work activities were proposed during the public hearing to include the removal/razing and burial of an existing pool and removal and burial of additional driveway pavement within the buffer zone as described on the approved plan referenced herein. However, these additional work activities were not approved by the NACC as described and referenced on the approved plan. Should the applicant decide to conduct any work activities not approved within the scope of the initial Notice of Intent filing as described above, the applicant shall submit a modification/amendment or a separate filing, whichever is appropriate, to the NACC for subsequent review and approval. 29. The NACC hereby GRANTS the applicant a waiver to work within the regulated 25 - foot No Disturbance Zone and 50 -foot No --Build Zone for the purposes of removing portions of existing pavement areas and for the installation of plantings for buffer zone restoration. The NACC finds that the approved restoration activities are necessary to prevent future inadvertent encroachment into the wetland resource areas. 30. The NACC finds the applicant's proposal of 21 Spruce, Pine, and Hemlock tree row along the 25 -foot No -Disturbance and the buffer zone restoration area consisting of five (5) Highbush Blueberry (Vaccinium corybosum), one (1) Red Maple (Acer Rubrum), and two (2) Oaks behind the existing Basketball Court to be adequate for previous disturbances within the No -Disturbance Zone and to prevent future inadvertent encroachment into the wetland resource areas. 31. The buffer zone restoration area and the Spruce, Pine, and Hemlock row shall be constructed prior to other construction activity on site and this sequence shall be reflected in the construction sequence. (Refer -to Section 8.3 (p.37) of the local Regulations for performance standards). C:\Winword\OOC\242-1417\357Da1eSt.doc 2 NACC 12/20/2007 DEP FILE # 242 -1417 32. A qualified wetland scientist shall monitor the restoration area and for TWO FULL GROWING SEASONS (spring and fall) upon installation of the plantings. At the end of each seasonal inspection, a progress report shall be prepared and submitted to the Conservation Department that describes the survivability, health and vigor of the planted species. A total of FOUR separate monitoring reports for the restoration area and Evergreen row shall be submitted over a two-year period. If at the end of the first growing season, overall success of the planting activities is not achieved, the NACC reserves the rights to require additional mitigation measures. 33. The restoration activities described above shall be performed in accordance with the approved plan referenced above. 34. The work shall conform to the following: Notice of Intent filed by: Fred McCarthy (Applicant) 357 Dale Street North Andover, MA Received November 2, 2007. Prepared by: New England Engineering Services, Inc. (Representative) 1600 Osgood Street, Suite 2-64 North Andover, MA 01845 Site Plans prepared by: New England Engineering Services, Inc. Entitled: "Site Plan", dated October 19, 2007 (initially filed plan) and November 13, 2007, last revised November 20, 2007. Stamped & Signed by Benjamin Osgood, Jr. P.E. Other Record Documents: Letter prepared by Eugene Willis, P.E., Director of Engineering, dated November 5, 2007. 35. The following wetland resource areas are affected by the proposed work: Buffer Zone to Bordering Vegetated Wetland (BVV.I). 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. 36. The NACC agrees with the applicant's delineation of the wetland resource areas on the site as shown on the approved'plan referenced herein. 37. The NACC finds that the intensive use of the upland areas and buffer zone proposed on this site will cause further alteration of the wetland resource areas. In order to prevent any alteration of wetland resource areas, a twenty-five foot (25') No -Disturbance Zone and a fifty -foot (50') No -Construction Zone shall be established from the edge of the adjacent wetland resource area. The Conservation Administrator and/or other agents of C:\Winword\OOC\242-1417\357DaleSt.doc 3 NACC 12/20/2007 DEP FILE # 242 -1417 the NACC do not have the authority to waive these setbacks as established under the local bylaw. No disturbance of existing grade, soils or vegetation is permitted in the No - Disturbance zone (See Section 3.4 & Appendix F of the local Regulations). 38. This document shall be included in all construction contracts, subcontracts, and specifications dealing with the work proposed and shall supersede any conflicting contract requirements. The applicant shall assure that all contractors, subcontractors, and other personnel performing the permitting work are fully aware of the permits terms and conditions. Thereafter, any and all the above stated parties and the applicant will be held jointly liable for any violation of this Order resulting from failure to comply with its conditions. 39. The owners of the project -and their successors in title, in the event they proceed to alter areas subject to the Commissions jurisdiction under the order, agree that the Order does not in itself impose upon the Town any responsibility to maintain the proposed drainage system and that said Town shall not be liable for any damage in the event of failure. By acceptance of this Order, the owners agree to indemnify and hold harmless to the Town and its residents for any damage attributable to alterations undertaken on this property pursuant to the Order. Maintenance of the drainage system, if accepted by the Town as part of a public way, becomes the responsibility of the Town. 40. 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 41. No work shall be undertaken until all administrative appeal periods from this Order have elapsed or, if such an appeal has been filed, until all proceedings before the Department or Court have been completed. 42. 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. C:\Winword\OOC\242-1417\357DaicSt.doc 4 NACC 12/20/2007 DEP FILE # 242 -1417 43. 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 242-1417." 44. Any changes in the submitted plans caused by the applicant, state or federal agency, another Board's decision or resulting from this Order of Conditions must be submitted to the NACC for approval prior to implementation. Said revisions shall be submitted as part of the record filing. If the NACC finds said changes to be significant, the NACC will call for another public hearing (at the expense of the applicant). Within 21 days of the close of said public hearing the NACC will issue an amended or new Order of Conditions. Any errors found in the plans or information submitted by the applicant shall be considered as changes. The proposed project may be still under review by other local or state boards or agencies. This may result in changes to the project plans or wetland impacts. If any such changes occur a revised plan and an explanation of the revisions shall be submitted to the NACC for review and approval prior to the start of construction. No work shall begin on a project until written approval has been granted by the NACC. 45. It is the responsibility of the applicant, owner, and/or successor(s) to ensure that all conditions of this Order of Conditions are complied with. The project engineer and contractors are to be provided with a copy of this Order of Conditions and referenced documents before commencement of construction. 46. Prior to any work commencing on site, the applicant shall submit to the NACC for review and approval, a detailed sequence of construction, including a dated timetable of construction, installation of sedimentation erosion control devices, any re -vegetation to be completed, and the installation of the utility tie-ins. 47. Wetland flagging shall be checked prior to start of construction and shall be re- established where missing. All wetland flagging shall remain visible and enumerated Per the approved plan(s) throughout the life of the project and until a Certificate of Compliance is issued so that erosion control measures can be properly placed and wetland impacts can be monitored. The proposed limit of work shall be shall be clearly marked with stakes or flags and shall be confirmed by the NACC. Such markers shall be checked and replaced as necessary and shall be maintained until all construction is complete. Workers should be informed that no use of machinery, storage of machinery or materials, stockpiling of soil, or construction activity is to occur beyond this line at any time. All flags used for the above purposes shall be of a color different from other flagging used on the site. 48. A row of staked hay bales backed by trenched siltation fence shall be placed between all construction areas and wetlands. The installation of silt fence only is not approved under this filing. The erosion control barrier will be properly installed and placed as shown on the plans approved and referenced herein and shall be inspected and approved by the NACC prior to the start of construction and shall remain intact until all disturbed areas have been permanently stabilized to prevent erosion. All erosion prevention and sedimentation protection measures found necessary during construction shall be implemented at the direction of the NACC. The NACC reserves the right to C:\Winword\OOC\242-1417\357DaleSt.doc 5 NACC 12/20/2007 DEP FILE # 242 -1417 impose additional conditions on portions of this project to mitigate any impacts which could result from site erosion, or any noticeable degradation of surface water quality discharging from the site. For example, installation of erosion control measures may be required in areas not shown on the plan(s) referenced in this Order of Conditions. Should such installation be required by the NACC, they shall be installed within 48 hours of the Commission's request. 49. The applicant shall have on hand at the start of any soil disturbance, removal or stockpiling, a minimum of 10 hay bales and sufficient stakes for staking these bales (or an equivalent amount of silt fence). Said bales shall be used only for the control of emergency erosion problems and shall not be used for the normal control of erosion. Additional emergency erosion controls shall be on site prior to the commencement of any work and shall verified by the Conservation Department during the pre - construction meeting. 50. A check payable to the Town of North Andover shall be provided in the amount of $4,000 ($3,000 for the SFH and $1,000 for required mitigation/enhancement plantings) shall be provided to the Town of North Andover, which shall be in all respects satisfactory to Town Counsel, Town Treasurer, and the NACC, and shall be posted with the North Andover Town Treasurer through the NACC before commencement of work. Said deposit of money shall be conditioned on the completion of all conditions hereof, shall be signed by a party or parties satisfactory to the NACC, and Town Counsel, and shall be released after completion of the project, provided that provisions, satisfactory to the NACC, have been made for performance of any conditions which are of continuing nature. The applicant may propose a monetary release schedule keyed to completion of specific portions of the project for the NACC's review and approval. This condition is issued under the authority of the local ByLaw. 51. Prior to the construction of the single family dwelling, the corners of the foundation shall be staked in the field by a Registered Professional Land Surveyor (R.P.L.S.) for field verification by the Conservation Department. 52. Prior to construction, the applicant shall permanently mark the edge of the No - Disturbance Zone with ten (10) signs or markers spaced evenly every 30 feet incorporating the following text: "Protected Wetland Resource Area". This will designate their sensitivity and assure no further inadvertent encroachment into the wetland. These permanent markers are subject to review and approval by the NACC. The applicant shall instruct all agents to explain these markers to buyers/lessees/landscapers and all persons taking over the property from the applicant. C:\Winword\OOC\242-1417\357DaleSt.doe 6 NACC 12/20/2007 DEP FILE # 242 -1417 53. The applicant shall designate a Qualified Professional Wetland Scientist as an "Erosion Control Monitor" to oversee any emergency placement of controls and regular inspection or replacement of sedimentation control devices. The name and phone number of the erosion control monitor must be provided to the. NACC in the event that this person has to be contacted, due to an emergency at the site, during any 24-hour period, including weekends. Credentials of said Erosion Control Monitor shall be submitted in writing for review and subsequent approval by the NACC or an agent thereof. This person shall be given the authority to stop construction for erosion control purposes. 54. The applicant and/or the legal owner of that portion of land upon which these Orders of Conditions have been placed shall provide to the NACC prior to transferring, or assigning any portion of said land to another party, subject to said Orders of Conditions, the "Compliance Certification Form" Affidavit (attached herein) signed under the pains and penalties of perjury, stating that said applicant and/or owner has read these Orders of Conditions and is in compliance with each and every condition. This document shall apply to each of the conditions referenced herein and shall be provided to the Conservation Department at least five (5) business days prior to the closing of said land transaction. 55. Once these above mentioned pre -construction requirements are complete, the applicant shall contact the Conservation Office prior to site preparation or construction and shall arrange an on-site conference with an NACC representative, the contractor, the engineer, the wetland scientist and the applicant to ensure that all of the Conditions of this Order are understood. This Order shall be included in all construction contracts, subcontracts, and specifications dealing with the work proposed and shall supersede any conflicting contract requirements. The applicant shall assure that all contractors, subcontractors and other personnel performing the permitted work are fully aware of the permit's terms and conditions. Thereafter, the contractor will be held jointly liable for any violation of this Order of Conditions resulting from failure to comply with its conditions. The applicant or contractor shall notify the NACC in writing of the identity of the on-site construction supervisor hired to coordinate construction and to ensure compliance with this Order. A reasonable period of time shall be provided as notice of the pre - construction meeting (e.g. 72 hours). DURING CONSTRUCTION 56. Accepted engineering and Best Management Practices (BMPs) for construction standards shall be followed in the conduct of all work. 57. Upon beginning work, the applicant shall submit written progress reports every week 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. C:\Winword\OOC\242-1417\357DaleSt.doc 7 NACC 12/20/2007 DEP FILE # 242 -1417 58. ON EVERY MONDAY of each week, or otherwise arranged by the NACC, in which construction activities occur on site or for as long thereafter as ground remains unstable, the "Erosion Control Monitor" shall submit a written report 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 applicant may request a reduction in monitoring in writing to the NACC upon adequate site stabilization. 59. Erosion control devices shall be inspected regularly; any entrapped silt shall be removed to an area outside of the buffer zone and wetland resource areas; silt fence and hay bales shall be replaced as necessary. The areas of construction shall remain in stable condition at the close of each construction day. All erosion controls shall be in place throughout the duration of any construction on site or unless authorized by the Conservation Department. 60. The Erosion Control Monitor shall be on site during and/or following a major storm event of 1 inch of rain or greater to ensure that soils remain stable, erosion controls are adequate and secure, and that all BMP's are adequately functioning. 61. Approved de -watering activities shall be supervised and witnessed by the designated erosion control monitor. This designee must be on-site at all times while dewatering is occurring. De -watering activities 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. 62. 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. 63. Upon removal of the approved pavement area, the asphalt may be buried on site in accordance with the applicants assertion that this is an allowable activity by DEP pursuant to 310 CMR 16.05 (3) (e), so long as the asphalt or other associated materials are not buried within the 100 foot buffer zone to the wetland resource area. 64. All exposed soil finish grade surfaces shall be immediately landscaped and stabilized, or loamed, seeded and mulched, with a layer of mulch hay. All disturbed areas must be graded, loamed and seeded prior to November 1St of each year. Outside of the growing season, exposed soil finish grade surfaces shall be stabilized with a layer of mulch hay until C:\Winword\OOC\242-1417\357DaleSt.doc 8 NACC 12/20/2007 DEP FILE # 242 -1417 climate conditions allow for seeding. No exposed area shall remain unfinished for more than thirty (30) days, unless approved by the NACC. 65. 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. 66. Equipment shall not be staged overnight within 100 -feet of a wetland resource area. 67. There shall be no stockpiling of soil or other materials beyond the limit of work or within twenty-five (25) feet of any resource area. 68. Washings from concrete trucks, or surplus concrete, shall not be directed to, any drainage system, or wetland resource area. 69. All waste generated by, or associated with, the construction activity shall be contained within the construction area, and away from any wetland resource area. There shall be no burying of spent construction materials or disposal of waste on the site by any other means. The applicant shall maintain dumpsters (or other suitable means) at the site for the storage and removal of such spent construction materials off-site. However, no trash dumpsters will be allowed within 50' of areas subject to.protection under the Act or local ByLaw. 70. During and after work on this project, there shall be no discharge or spillage of fuel, or other pollutants into any wetland resource area. If there is. a spill or discharge of any pollutant during any phase of construction the NACC shall be notified by the applicant within one (1) business day. No construction vehicles are to be stored within 100 feet of wetland resource areas, and no vehicle refueling, equipment lubrication, or maintenance is to be done within 100 feet of a resource area. AFTER CONSTRUCTION 71. 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. 72. Fertilizers, pesticides, and herbicides utilized for landscaping and lawn care shall be slow release, low -nitrogen types (< 5%) and shall not be used within 100 feet of a resource area or within the Riverfront 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. C:\Winword\OOC\242-1417\357Da]eSt.doc 9 NACC 12/20/2007 DEP FILE # 242 -1417 73. Upon completion of construction and grading, all disturbed areas located outside resource areas shall be stabilized permanently against erosion. This shall be done either by loaming and seeding according to SCS standards. If the latter course is chosen, stabilization will be considered complete once vegetative cover has been achieved. 74. Upon approved site stabilization by Conservation staff, the erosion controls shall be removed and properly disposed of. All exposed areas beneath said erosion controls shall be seeded for permanent stabilization. 75. Upon completion of the project the applicant shall submit the following to the Conservation Commission as part of a request for a Certificate of Compliance: a. WPA Form 8A - "Request for a Certificate of Compliance." b. A letter from the applicant requesting a Certificate of Compliance. c. The name and address of the current landowner. d. Signed statements from the property owner 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 a 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 Registered Professional Land Surveyor of the Commonwealth, for the public record. This plan will include: ➢ "As -Built" post -development elevations of all drainage & stormwater management structures constructed within 100 feet of any wetland resource area. NOTE: If portions of the stormwater systems exist partially within the Buffer Zone than the entire structure must be depicted to accurately verify compliance. ➢ "As -Built" post -development elevations and grades of all filled or altered wetland resource areas including the encompassing buffer zone, which is regulated as a resource area under the local Wetland Protection Bylaw. ➢ Distances from structures to wetland resource areas. Structures include (but are not limited to) septic systems, additions, fences, sheds, stone walls, pools, retaining walls, subsurface utilities and decks. ➢ A line showing the limit of work and the extent of existing erosion control devices. "Work" includes anv disturbance of soils or vegetation. ➢ Location of all subsurface utilities entering the property. C:\Winword\OOC\242-1417\357DaleSt.doc 10 NACC 12/20/2007 DEP FILE # 242 -1417 76. The following special conditions shall survive the issuance of a Certificate of Compliance (COC) for this project: ➢ A 25' No -Disturbance Zone and a 50' No -Construction Zone shall be established from the edge of the adjacent Bordering Vegetated Wetland (BVW) resource area. Future work within 100' of existing resource areas will require a separate filing with the NACC. The Conservation Administrator and/or other agents of the NACC do not have the authority to waive these setbacks as established under the local ByLaw (Condition #37); ➢ Discharge or spillage of pollutants (Condition #70); ➢ Prohibition of underground fuels (Condition #71); ➢ Limitations on the use of fertilizers, herbicides, and pesticides (Condition #72). C:\Winword\OOC\242-1417\357DaleSt.doc 11 NACC 12/20/2007 DEP FILE # 242 -1417 I, 1) APPENDIX A — AFFIDAVIT (authorized agent of applicant and / or owner) I am the on oath do hereby depose and state: (PLEASE CHECK AT LEAST ONE BLOCK) (position with applicant) of the applicant upon whom the Order of Conditions (applicant's name) (DEP or NACC File #) have been placed upon by the North Andover Conservation Commission (NACC). 2) I am the (position with owner) and / or of (owner) the owner upon whose land Order of Conditions (DEP or NACC File #) placed upon by the NACC. have been ♦ I hereby affirm and acknowledge that I have received said Order of Conditions and have read the same and understand each and every condition, which has been set forth in said Order of Conditions. ♦ I hereby affirm and acknowledge that on this day of 20 I inspected said property together with any and all improvements, which have been made to the same and hereby certify that each and every condition set forth in the Order of Conditions are presently in compliance. ♦ I hereby affirm and acknowledge that this document will be relied upon by the NACC, as well as any potential buyers of said property, which is subject to the Order of Conditions. Signed under the pain and penalties of perjury this day of 20 (Authorized agent of applicant or owner) C:\Winword\OOC\242-1417\357DaleSt.doc 12 NACC 12/20/2007 L11Massachusetts Department of Environmental Protection Bureau of Resource Protection - Wetlands ' WPA Form 5 - Order of Conditions Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 E. Issuance DEP File Number: 242-1417 This Order is valid for three years, unless otherwise specified as a special A b' condition pursuant to General Conditions #4, from the date of issuance. 1. Date of lissuafice Please indicate the number of members who will sign this form: y This Order must be signed by a majority of the Conservation Commission. 2. Number of signers The Order must be mailed by certified mail (return receipt requested) or hand delivered to the applicant. A copy also must be mailed or hand delivered at the same time to the appropriate Department of Environmental Protection Regional Office, j� not filing electronically, and the property owner, if different from applicant. / Signatures: Notary Acknowledgement Commonwealth of Massachusetts County of i 4 4.6 On this Day Before me, the undersigned Notary Public, personally appeared Essex North of Month Year .SCO -H- Mg,$„5 Name of Document Signer proved to me through satisfactory evidence of identification, which was/were Massachusetts License uescrnptlon of evidence of identification to be the person whose name is signed on the preceding or attached document, and acknowledged to me that he/she signed it voluntarily for its stated purpose. As member of North Andover DOW K WEDGE - _ NOTARY PUBLIC COMMONPJEALTH Of I " T" City/Town Place notary seal and/or any stamp above This Order is issued to the applicant as follows: ❑ by hand delivery on Date Conservation Commission 0-e9��:2& Signature of Notary Public Dori f) /4 f -n. �a Printed Name of Yotary Public My Comfiissigfi Expires (Date) Lid by certified mail, return receipt requested, on I,; t a0 &-2 Date wpaform5.doc • rev. 3/1/05 - Page 7 of 9 L11Massachusetts Department of Environmental Protection Bureau of Resource Protection - Wetlands ' WPA Form 5 - Order of Conditions Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 F. Appeals DEP File Number: 242-1417 The applicant, the owner, any person aggrieved by this Order, any owner of land abutting the land subject to this Order, or any ten residents of the city or town in which such land is located, are hereby notified of their right to request the appropriate DEP Regional Office to issue a Superseding Order of Conditions. The request must be made by certified mail or hand delivery to the Department, with the appropriate filing fee and a completed Request of Departmental Action Fee Transmittal Form, as provided in 310 CMR 10.03(7) within ten business days from the date of issuance of this Order. A copy of the request shall at the same time be sent by certified mail or hand delivery to the Conservation Commission and to the applicant, if he/she is not the appellant. Any appellants seeking to appeal the Department's Superseding Order associated with this appeal will be required to demonstrate prior participation in the review of this project. Previous participation in the permit proceeding means the submission of written information to the Conservation Commission prior to the close of the public hearing, requesting a Superseding Order or Determination, or providing written information to the Department prior to issuance of a Superseding Order or Determination. The request shall state clearly and concisely the objections to the Order which is being appealed and how the Order does not contribute to the protection of the interests identified in the Massachusetts Wetlands Protection Act, (M.G.L. c. 131, § 40) and is inconsistent with the wetlands regulations (310 CMR 10.00). To the extent that the Order is based on a municipal ordinance or bylaw, and not on the Massachusetts Wetlands Protection Act or regulations, the Department has no appellate jurisdiction. Section G, Recording Information is available on the following page. wpaform5.doc • rev. 3/1/05 Page 8 of L1Massachusetts Department of Environmental Protection Bureau of Resource Protection - Wetlands 1 WPA Form 5 - Order of Conditions Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 G. Recording Information DEP File Number: 242-1417 This Order of Conditions must be recorded in the Registry of Deeds or the Land Court for the district in which the land is located, within the chain of title of the affected property. In the case of recorded land, the Final Order shall also be noted in the Registry's Grantor Index under the name of the owner of the land subject to the Order. In the case of registered land, this Order shall also be noted on the Land Court Certificate of Title of the owner of the land subject to the Order of Conditions. The recording information on Page 7 of this form shall be submitted to the Conservation Commission listed below. North Andover Conservation Commission Detach on dotted line, have stamped by the Registry of Deeds and submit to the Conservation Commission. --------------------------------------------------------------------------------------------------------------------------- To: North Andover Conservation Commission Please be advised that the Order of Conditions for the Project at: 357 Dale Street 242-1417 Project Location DEP File Number Has been recorded at the Registry of Deeds of: Essex North County Book Page for: Property Owner and has been noted in the chain of title of the affected property in: Book Page In accordance with the Order of Conditions issued on: Date If recorded land, the instrument number identifying this transaction is: Instrument Number If registered land, the document number identifying this transaction is: Document Number Signature of Applicant wpaform5.doc • rev. 3/1/05 Page 9 of 9 NORrM O T 4L �SSACHU Lincoln Daley Town Planner P (978) 688-9535 F (978) 688-9542 Town of North Andover Office of the Planning Department Community Development and Services Dins,,,, E n Osgood Landing t" `; ! "' � f : � r. I u - 1600 Osgood Street Building #20, Suite 2-36 M8 JA -3 Pi 4: 1 North Andover, Massachusetts 01845 NOTICE OF DECISION Bldg. ZBA Con/Com Health Fire Chief Police Chief Town Clerk DPW/Engineers Any appeal shall be filed within (20) days after the date of filing this Notice in the office of the Town Date: December 10, 2007 Clerk. Date of Hearings: November 20 & December 4 2007 Date of Decision: December 4, 2007 Petition.of: Fred McCarthy, 35ale Street, North Andover, MA 01845 Premises Affected: 357 Dale Street, North Andover, MA 01845, Assessor's Map 64, Parcel 24 within the Residential 1 Zoning District. Referring to the above petition with provision of M.G.L., Chapter 40A, Section 10 & Section 4.136 of the Zoning Bylaw for a Watershed Special Permit so as to allow: to raze the existing single-family residence and construct a new 2, 035 s.f single-family residence, remove portion of impervious driveway, and associated grading work and drainage/storm water management improvements within the 100' Non -disturbance Buffer Zone of the Watershed Protection District. At a public hewing given on the above date for a Watershed Special Permit for 357 Dale Street, Lot 64, Parcel 24, the Board voted unanimously in favor based on the following conditions: Signed: - ✓ L, ! c -or Richard Nardel a, Chairman John Simons, Vice Chairman Alberto Angles, Chair Richard Rowen, regular member Jennifer Kusek, regular member Timothy Seibert, alternate member cc: file D $OO} �PF\.ALS 688-9541 BIJII..DING 688-9545 CONSERVATION 688-9530 HEALTH 688-9540 PLANNING 688-9535 JAN 3 — �uuo ' _''' BOARD OF ANrL;,.�LS .357 Dale Street, North Andover, Map 64, Parcel 24 Watershed Special Permit — Raze Existing Single -Family Residence & Construct New Single -Family Residence December 4, 2007 L "'z ( C1 The public hearing on the above referenced application was opened Nover j6 2 2007 and cl:' Cd by the North Andover Planning Board on December 4, 2007. Benjamin Osgood, Jr., NQ3v gland. Engineering Services, Inc. was present and represented the applicant. 44 3 On December 4, 2007, upon a motion made by Richard Nardella and 2nd biw�rles; tie Planning Board voted to GRANT a Watershed Special Permit to raze the existing smg1e-fa 1`y �e idence and construct a new 2,035 s.f. single-family residence, remove portion of impervious driveway, and associated grading work and drainage/storm water management improvements within the 100' Non - Disturbance Buffer Zone of the Watershed Protection District, under the requirements of Section 4.136 & 10.3 of the North Andover Zoning Bylaw. This Special Permit was requested by Frederick J. McCarthy, 357 Dale Street, North Andover, MA 01845 on October 19, 2007. The applicant submitted a complete application, which was noticed and reviewed in accordance with Section 10.52 of the Town of North Andover Zoning Bylaw and MGL Chapter 40A, Section 9. The motion to approve was subject to the FINDINGS OF FACTS and SPECIAL CONDITIONS set forth in Appendix A to this decision. The Planning Board voted on the motion by a unanimous vote of 6-0. A Special Permit issued by the Special Permit granting authority requires a vote of at least four members of a five -member board. The applicant is hereby notified that should the applicant disagree with this decision, the applicant has the right, under MGL Chapter 40A, Section 17, to appeal to this decision within twenty days after the date this decision has been filed with the Town Clerk. In accordance with 4.136 the Planning Board makes the finding that the intent of the Bylaw, as well as its specific criteria, are met. This decision specifically stated by the Planning Board makes the following FINDINGS OF FACT: 1) That as a result of the proposed construction in conjunction with other uses nearby, there will not be any significant degradation of the quality or quantity of water in or entering Lake Cochichewick. The Planning Board bases this fmding on the following facts: A) The proposed structure will be connected to Town sewer. B) The topography of the site will not be altered substantially. C) The limit of clearing and impact is restricted to the minimum necessary to construct the proposed single-family residence as shown on the plan; and D) A deed restriction will be placed restricting the types of chemicals (fertilizers, pesticides, herbicides, salts) that can be used on site. E) The project as proposed will result in the cumulative reduction of approximately 2,513 s.f of impervious surface. Approximately 2,700 s.f of additional impervious surface related to the driveway extension and pool may be removed at a future date allowing for further infiltration and purification of storwater runoff. F) The construction of the single-family residence and pool has been reviewed by the Town Engineer and Town Planner and determined that there will be no degradation to the quality or quantity of 2 . 357 Dale Street, North Andover, Map 64, Parcel 24 Watershed Special Permit — Raze Existing Single -Family Residence & Construct New Single -Family Residence December 4, 2007 water in or entering the isolated vegetated wetland or Lake Cochichewick. 2) There is no reasonable alternative location outside the Non -Disturbance and Non -Discharge Buffer Zone for any discharge, structure or activity. The location of the proposed single-family residence was designed to maintain the functionality of property while minimizing the impact to the environment and neighboring properties. In accordance with Section 10.31 of the North Andover Zoning Bylaw, the Planning Board makes the following FINDINGS OF FACT: 1) The specific site is an appropriate location for the proposed use as all feasible storm water and erosion controls have been placed on the site; 2) The uses will not adversely affect the neighborhood, as the lot is located in a Residential 1 Zoning District and are accessory uses to an existing single-family dwelling. The proposal includes the planting of 21 Spruce, Hemlock, and Pine trees along the southern portion of the property to further screen the proposed single-family residence. 3) There will be no nuisance or serious hazard to vehicles or pedestrians. 4) Adequate and appropriate facilities are provided for the proper operation of the proposed use. 5) The existing lot conforms to the minimum lot area requirements for a lot within the Residential 1 Zoning District as shown in Table 2 of the North Andover Zoning By-laws. 6) The Planning Board also makes a specific finding that the use is in harmony with the general purpose and intent of the North Andover Zoning Bylaw. Upon reaching the above findings, the Planning Board approves this Special Permit based upon the following SPECIAL CONDITIONS: 1) Permit Definitions: A) The "Locus" refers to the 122,045 sq. ft. parcel of land with legal frontage on Dale Street as shown on Assessors Map 64, Parcel 24, and also known as 357 Dale Street, North Andover, Massachusetts. B) The "Plans" refer to the plans prepared by New England Engineering Services, Inc. dated October 19, 2007, revised November 13, 2007, November 20, 2007 entitled "Site Plan, 357 Dale Street, North Andover, MA 01845, Assessors Map 64, Lot 24" and consisting of Sheet 1 of 1. C) The "Project' or "357 Dale Street" refers to razing the existing single-family residence and constructing a new 2,035 s.f. single-family residence, removal of portion of impervious driveway, associated grading work and drainage/stormwater management improvements, and other improvement shown on the "Plans" as defined above. D) The "Applicant' refers to Fred McCarthy, 357 Dale Street, North Andover, MA 01845, the applicant for the Special Permit. 3 • 55.7 Dale Street, North Andover, Map 64, Parcel 24 Watershed Special Permit — Raze Existing Single -Family Residence & Construct New Single -Family Residence December 4, 2007 E) The "Project Owner" refers to the person or entity holding the fee interest to the title to the Locus from time to time, which can include but is not limited to the applicant, developer, and owner. 2) The Town Planner shall approve any changes made to these plans. Any changes deemed substantial by the Town Planner would require a public hearing and modification by the Planning Board. 3) Prior to any Work on Site: A) A performance guarantee bond of two thousand dollars ($2,000.00) made out to the Town of North Andover must be posted to insure that the construction, erosion control, measures, and performance of any other condition contained herein will take place in accordance with the plans and the conditions of this decision and to ensure that the as -built plans will be submitted. B) The limit of work as shown on the plan by the erosion control line must be marked in the field and must be reviewed and approved by the Town Planner and Conservation Department. C) All erosion control measures as shown on the plan must be in place and reviewed by the Town Planner and Conservation Department during each phase of construction. Weekly inspections of all erosion control measures will be completed by the designated independent Environmental Monitor and incorporated into the weekly reports as part of the approved Watershed Special Permit for this project. D) The site shall have received all necessary permits and approvals from the North Andover Conservation Commission, Board of Health, Zoning Board of Appeals and the Department of Public Works and be in compliance with the above permits and approvals. 4) Prior to issuance of a building permit: A) The Planning Board must endorse the final site plan mylar and three copies of the signed plans must be delivered to the Planning Department. B) The decision, including the Construction Sequence Schedule, must be filed with the North Essex Registry of Deeds. One certified copy of the recorded decision must be submitted to the Planning Department. C) No pesticides, fertilizers or chemicals shall be used in lawn care or maintenance within 325' of Lake Cochichewick or within 325' of wetland resource areas. The applicant shall incorporate this condition as a deed restriction, and a copy of the recorded deed shall be submitted to the Town Planner and included in the file. 5) Prior to release of the Performance Bond: A) The applicant shall submit an as -built plan stamped by a Registered Professional Engineer or Land Surveyor in Massachusetts that shows all construction, limits of disturbance, existing topography, storm water mitigation structures and other pertinent site features. This as -built plan shall be submitted to the Town Planner and the Department of Public Works for approval. The applicant must submit a certification from the design engineer that the site was constructed as shown on the approved plan. B) The Planning Board must by a majority vote make a finding that the site is in conformance with the approved plan. 4 • 357 Dale Street, North Andover, Map 64, Parcel 24 • Watershed Special Permit — Raze Existing Single -Family Residence & Construct New Single -Family Residence December 4, 2007 6) In no instance shall the applicant's proposed construction be allowed to further impact the site other than as proposed on the plan referenced in Condition #13. 7) The terms and conditions of this special permit shall also include the removal of impervious surface relating to the existing pool and asphalt driveway extension along the western portion of the property. The Project Owner shall notify the Town Planner in writing of the removal of said pool and driveway extension. The applicant, its employees and all successors and assigns in interest or control shall employ Best Management Practices for the removal and potential reuse of materials onsite. 8) The Project Owner shall employ and adhere to the construction sequence schedule developed by New England Engineering Services, Inc. dated 12/11/07 throughout the duration of construction and the removal of the driveway extension and pool. Any changes or modifications to the construction schedule shall be submitted in writing and approved by the Town Planner. 9) No open burning shall be done except as is permitted during burning season under the Fire Department regulations. 10) The Contractor shall contact Dig Safe at least 72 hours prior to commencing excavation. 11) The provisions of this conditional approval shall apply to and be binding upon the applicant, its employees and all successors and assigns in interest or control. 12) This Special Permit approval shall be deemed to have lapsed December 4, 2009 (two years from the date of issuance) exclusive of the time required to pursue or await determination of any appeals, unless substantial use or construction has commenced within said two-year period. Substantial use or construction will be determined by a majority vote of the Planning Board. . 13) This decision must be filed with the North Essex Registry of Deeds. The following information is included as part of this decision: A) Plan titled: Site Plan 357 Dale Street North Andover, Massachusetts 01845 Assessors Map 64, Lot 24 Prepared for: Frederick McCarthy 357 Dale Street North Andover, Massachusetts Prepared by: New England Engineering Services, Inc. 1600 Osgood Street Building 20, Suite 2-64 North Andover, Massachusetts Scale: 1" = 20' Date: October 19, 2007, Revised 11/13/07,11/20/07 Sheets: 1 5 357 Dale Street, North Andover, Map 64, Parcel 24 Watershed Special Permit — Raze Existing Single -Family Residence & Construct New Single -Family Residence December 4, 2007 cc: Director of Public Works Building Inspector Town Manager Conservation Administrator Planning Board Police Chief Fire Chief Applicant Engineer File M -tel. ;_-- CD t Town of North. Andover Office of the Planning Department Community Development and Services Division 1600 Osgood Street North Andover, Massachusetts 01845 http://ww-w-townofnorthandover.com TO THE LAWRENCE EAGLE TRIBUNE LEGAL AD f ,►ORTFf F• ~ �SSACHUSEt P (978)688-9535 P (978) 688-9542 FOR PUBLICATION TUESDAY JANUARY 1, 2008 & JANUARY 8, 2008. CLIPPINGS TO BE MAILED TO THE PLANNING DEPARTMENT AS ADDRESSED ABOVE TOWN OF NORTH ANDOVER PLANNING BOARD NOTICE OF PUBLIC HEARING, TUESDAY, JANUARY 15, 2008 @ 7:00 PAL In accordance with the provisions of M.G.L. Chapter 40-A, Section 11, the North Andover Planning Board will hold a public hearing as follows: Purpose of Public Hearing: Application for 2 Watershed Special Permit(s) under Sections 4.136(3)(a)(ii)(2) to authorize the use of the property as permitted & 4.136.3(b)(ii)(1) to authorize construction of detention basins in the non -discharge buffer zone & 10.3 of the North Andover Zoning Bylaw respectively. The Applicant seeks permits to construct a 20,540 s.f - 2 floor masonry and steel building to serve as the location of a pet care facility within the I-2 Zoning District in the General Zone of the Watershed Protection District and to undertake some minor grading and to install a small portion of certain storm water drainage structures within the Non -discharge Zone of the Watershed Protection District as part of its proposal to develop the property as a pet care facility. Applicant/Petitioner: The DF Parker Company, LLC One Parker, Lawrence, MA 01843 Owner: City of Lawrence through the Municipal Lawrence Airport Commission 492 Sutton Street Lawrence, MA 01840 Address of Premises Affected 500 Sutton Street (at the intersection of Old Clark Street, Sutton Street and the anport entrance drive). Assessors Map and Lot: Map 74, Lot # 1-B Public Hearing Date & Time Tuesday, January 15, 2008 @ 7:00 PM. BOARD OF APPEALS 688-9541 BUILDING 688-9545 CONSERVATION 688-9530 HEALTH 688-9540 PLANNING 688-9535 Town of North Andover Office of the Planning Department Community Development and Services Division 1600 Osgood Street North Andover, Massachusetts 01845 hUp://www.townof,norffiandover.com TO THE LAWRENCE EAGLE TRIBUNE LEGAL AD f NORTH A SSACMUS� P (978) 688-9535 P (978) 688-9542 FOR PUBLICATION TUESDAY JANUARY 1, 2008 & JANUARY 8, 2008. CLIPPINGS TO BE MAILED TO THE PLANNING DEPARTMENT AS ADDRESSED ABOVE TOWN OF NORTH ANDOVER PLANNING BOARD NOTICE OF PUBLIC HEARING, TUESDAY, JANUARY 15, 2008 @ 7:00 PM. In accordance with the provisions of M.G.L. Chapter 40-A, Section 11, the North Andover Planning Board will hold a public hearing as follows: Purpose of Public Hearing: Application for a Site Plan Review Special Permit under Section 8.3 and 10.3 of the North Andover Zoning Bylaw respectively. The Applicant seeks permits to construct a 20,540 s.f. 2 floor masonry and steel building to serve as the location of a pet care facility within the 1-2 Zoning District. Applicant/Petitioner: The DF Parker Company, LLC One Parker, Lawrence, MA 01843 Owner: City of Lawrence through the Municipal Lawrence Airport Commission, 492 Sutton Street Lawrence, MA 01840 Address of Premises Affected 500 Sutton Street (at the intersection of Old Clark Street, Sutton Street and the airport entrance drive). Assessors Map and Lot: Map 74, Lot #1-B Public Hearing Date & Time Tuesday, January 15, 2008 @ 7.00 PM. Location of Public Hearing Town Hall, 120 Main St., North Andover, MA 2rd floor c/r. All interested persons may appear and be heard. Persons needing special accommodations and / or those interested in viewing the application materials should contact the North Andover Planning Department at (978) 688-9535. Richard Nardella, Chairman BOARD OF APPEALS 688-9541 BUILDING 688-9545 CONSERVATION 688-9530 HEALTH 688-9540 PLANNING 688-9535 Bldg. ZBA Con/Com Health Fire Chief Police Chief Town Clerk DPW/Engineers