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Home My WebLink AboutMiscellaneous - 870 GREAT POND ROAD 4/30/2018 (2)N \� r s Important: When filling out forms on the computer, use only the tab key to move your cursor - do not use the return key. Note: Before completing this form consult yourlocal Conservation Commission regarding any municipal bylaw or ordinance. Massachusetts Department of Environmental Prote Bureau of Resource Protection - Wetlands WPA Form 4B — Order of Resource Ar Massachusetts Wetlands Protection Act M.G.L. c. 131, A. General Information From: North Andover 1. Conservation Commission 2. This Issuance is for (check one): -r-i / -C' �EIVED In tiu% s E DEP I 'ile Number: Deftne�ai�72390 Provided by DEP DWN OF NORTH ANDOVER I HEALTH DEPARTMENT a. ® Order of Resource Area Delineation Only b. ❑ Order of Resource Area Delineation Subject to Simplified Review f. ❑ Not Subject to Stormwater Policy 2. ❑ Subject to Stormwater Policy c. ❑ Amended Order of Resource Area Delineation 3. To: Applicant: William a. First Name 210 Holt Road U. rviaurny nuoress North Andover Thomson b. Last Name e. Gity/Town 4. Property Owner (if different from applicant): a. First Name 210 Holt Road u. rviaumg Haares: North Andover e. City/Town 5. Project Location: 210 Holt Road b. Last Name a. Street Address Map 77, Map 34 c. Assessors Map/Plat Number Latitude and Longitude (note: electronic filers will click for GIS locator): 6 Dates: 3/2/07 5/9/07 TBI Inc. c. Company MA. f. State Holt Road, LLC -c.-Company MA. f. State North Andover 01845 g. Zip Code 01845 g. Zip Code U. Gity/Town Parcel 14, Parcels 27, 38 & 40 d. Parcel/Lot Number 71-07'-10" 42-43'-25" e. Latitude f. Longitude 5/14/07 a. Date Notice of Intent filed b. Date Public Hearing Closed c. Date of Issuance 7. Title and Date (or Revised Date if applicable) of Final Plans and Other Documents: Existing Conditions Plan to Accompany Abbreviated Notice of Resource February 2007, Area Delineation (ANRAD) Revised April 4 2007 See attached c. Title d. Date wpaform4b.doc • rev. 01107 Page 1 of 7 Massachusetts Department of Environmental Protection Bureau of Resource Protection - Wetlands DEP File Number: WPA Form 4B — Order of Resource Area Delineation 242-1390 Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 Provided by DEP B. Order of Delineation 1. The Conservation Commission has determined the following (check whichever is applicable): a. ® Accurate: The boundaries described on the referenced plan(s) above and in the Abbreviated Notice of Resource Area Delineation are accurately drawn for the following resource area(s): i. ® Bordering Vegetated Wetlands (,4,1 2. Other Resource Area(s), specifically: �Z e c l- J-, ej b. ❑ Modified: The boundaries described on the plan(s) referenced above, as modified by the Conservation Commission from the plans contained in the Abbreviated Notice of Resource Area Delineation, are accurately drawn from the following resource area(s): 1. ❑ Bordering Vegetated Wetlands 2. ❑ Other Resource Area(s), specifically: c. ❑ Inaccurate: The boundaries described on the referenced plan(s) and in the Abbreviated Notice of Resource Area Delineation were found to be inaccurate and cannot be confirmed for the following resource area(s): i. ❑ Bordering Vegetated Wetlands 2. ❑ Other Resource Area(s), specifically: 3. The boundaries were determined to be inaccurate because: wpaform4b.doc • rev. 01/07 Page 2 of 7 Order of Resource Area Delineation 210 Holt Road - Map 34 - Lots 27, 38, and 40 and Map 77 Lot 14 (Lots 1, 2, 3, and 4 as shown on the approved plan) DEP File # 242-1390 Facts & Findings: Jurisdictional wetland resource areas within the subject parcels include a very limited area of the 200 - foot Riverfront area boundary associated with Creek Brook to the north east of Lot An off property Bordering Vegetated Wetland (BVW) was delineated and confirmed on the adjacent Lawrence Airport property and Holt Road Excavators property to the south/ south east of Lot 1. This resource area was reviewed and approved with exception to wetland flags 159 through 161 upon written permission from the property owners, respectively. The associated 25' No -Disturbance Zone, 50' No -Construction Zone, and 100' buffer zones were not depicted on the approved plans, therefore not approved under this filing. The NACC formally approved the aforementioned jurisdictional resource area boundaries at their meeting of May 9, 2007. It is important to note that there were questions raised by both the Conservation Administrator and the North Andover Conservation Commission (NACC) during the public hearings as to whether a jurisdictional resource area had once existed to the rear of Lot 1. These questions were raised appropriately from evidence found on aerial photographs and from a memorandum written by the former Conservation Administrator, Julie Parrino, in April of 2003. As a result, the NACC retained Seekamp Environmental Consulting, Inc. to determine if the area in question was or was at one time a jurisdictional resource area under either the Massachusetts Wetlands Protection Act or North Andover Wetlands Protection Bylaw. Upon investigative studies and a subsequent field review, Seekamp Environmental found that the area in question was not, nor did it previously qualify as, a jurisdictional wetland under either the state Act or the local bylaw. A full report documenting this analysis and subsequent findings in this regard was submitted by Seekamp Environmental and is referenced herein. Record Documents: ➢ Abbreviated Notice of Resource Area Delineation, dated March 1, 2007; ➢ Plan entitled "Existing Conditions Plan to Accompany Abbreviated notice of Resource Area Delineation (ANRAD)". Brown and Caldwell, dated February 28, 2007, last revised April 4, 2007. Stamped and signed by Phillip N. Jagota, P.E.; ➢ Permission of Abutting Property Owner Affidavit from Michael Miller, Airport Manager, Lawrence City Airport, dated March 2007; ➢ Permission of Abutting Property Owner Affidavit from Joseph Cristaldi, President, Holt Road Excavators, LLC, dated March 2007; ➢ Letter from Patrick D. Seekamp, PWS/CWS, Seekamp Environmental Consulting, Inc., Dated May 8, 2007. Massachusetts Department of Environmental Protection Bureau of Resource Protection - Wetlands DEP File Number: WPA Form 4B — Order of Resource Area Delineation 242-1390 Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 Provided by DEP C. Simplified Buffer Zone Review Work within the Buffer Zone pursuant to the Simplified Review (310 CMR 10.02) requires that you must comply with the following conditions. If your project does not meet these requirements, you are required to either file a Determination of Applicability or Notice of Intent or take other corrective measures as directed by the Conservation Commission. Simplified Review Conditions: Work conducted under Simplified Review requires the following: 1. No work of any kind shall occur within any wetland resource areas including Riverfront Area and Bordering Land Subject to Flooding. 2. The inner 0 -to -50 -foot wide area from the delineated wetland boundary that has a Buffer Zone shall not be disturbed by any work associated with this project, including placement of any stormwater management components. 3. No work shall occur in the Buffer Zone bordering an Outstanding Resource Water (e.g., certified vernal pool, public water supply reservoir or tributary), as defined in 314 CMR 4.00 or border coastal resource areas at 310 CMR 10.25-10.35. 4. No work shall occur in the Buffer Zone adjacent to wetland resources with estimated wildlife habitat (which is identified on the most recent Estimated Habitat Map of State -listed Rare Wetlands Wildlife). 5. Erosion and Sedimentation controls shall be installed and maintained at the 50 -foot Buffer Zone line or limit of work (whichever is a greater distance from the resource area) to protect resource areas during construction. 6. If the project is subject to the Massachusetts Stormwater Policy, all work shall be conducted in conformance with an approved Stormwater Management Plan. 7. The Buffer Zone does not contain a slope greater than an average of 15% at its steepest gradient across the 100 -foot Buffer Zone. 8. The amount of new impervious surface, in combination with existing impervious surfaces, shall not exceed 40% of the Buffer Zone between 50 and 100 feet. 9. No work is allowed, and no additional NOI or RDA shall be filed, for any work within the 0 -to -50 - foot Buffer Zone during the three-year term of an Order associated with this application. 10. Prior to any work being undertaken pursuant to this Order, the wetland resource boundary shall be flagged; all boundary delineation flagging should be maintained for the term of the Order. 11. If stormwater management structures are proposed in the Buffer Zone, the stormwater management structures shall be maintained as required in the Stormwater Plan. Such maintenance constitutes an ongoing condition and is not subject to further permitting requirements. 12. If this ORAD involves work as part of a Simplified Review, the ORAD shall be recorded at the Registry of Deeds prior to the commencement of work per the requirements of Section F. 13. Prior to proceeding with any work under Simplified Review, applicants are required to provide written notice to the Commission one week prior to commencing any work. 14. If work authorized under Simplified Review is commenced, no work is allowed, and no additional NOI or RDA may be filed, for any work within the 0 -to -50 -foot buffer zone during the term of an ORAD associated with this application. If work authorized under Simplified Review is not commenced, then future NOls or RDAs may be filed for work within the 0 -to -50 -foot portion of the buffer zone. --End of Conditions— wpaform4b.doc • rev. 01/07 Page 3 of 7 Massachusetts Department of Environmental Protection Bureau of Resource Protection - Wetlands DEP File Number: WPA Form 4B — Order of Resource Area Delineation 242-1390 Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 Provided by DEP C. Simplified Buffer Zone Review (cont.) Stormwater Applicability I. ❑ The project is not subject to the Stormwater Policy. 2. ❑ The project is subject to the Stormwater Policy and the Stormwater Plan included for the project complies with all stormwater standards. Ineligibility Determinations Site Conditions: The applicant is not eligible for Simplified Buffer Zone review and must file a Request for Determination of Applicability or Notice of Intent prior to any work because: 3. ❑ Work is within the Buffer Zone of a Coastal Resource Area as defined at 310 CMR 10.25- 10.35. 4. ❑ The Buffer Zone contains existing slopes greater than an average of 15%. 5. ❑ Buffer Zone contains estimated rare wildlife habitat.' s. ❑ The site borders an Outstanding Resource water .2 Stormwater 7. ❑ The project is subject to the Stormwater Policy and the applicant has not submitted sufficient information to demonstrate compliance with the Stormwater Management Policy. Prior to any work, the applicant must submit plans showing compliance with the standards in the Stormwater Policy, the location of the work, the amount of impervious surface, and the location of erosion controls, to the Commission for its concurrence. (See instructions to ANRAD Form 4A.) The following necessary stormwater information was not submitted by the applicant: a. s. ❑ The project is subject to the Stormwater Policy but the project does not comply with one or more of the stormwater standards (specify which standard(s) not met). a. Standard # b. Standard # 9. ❑ Impervious surface exceeds 40% of the area of the Buffer Zone between 50 and 100 feet from the resource area. 10. ❑ The applicant did not submit plans depicting adequate erosion and sedimentation controls located at the limit of work or at least 50 feet from any resource areas, whichever will be greater. 11 - ❑ Work is proposed within 50 feet of a resource area. Notice to Commission Any applicant proposing to proceed under Simplified Buffer Zone Review, as specified in 310 CMR 10.02, must provide written notice to the Commission one week prior to any work. ' Identified on the most recent Estimated Habitat Map of State -listed Rare Wetlands Wildlife of the Natural Heritage and Endangered Species Program. Z Certified Vernal Pools, public water supplies, orinland ACECs as identified in 314 CMR 4.00. wpaform4b.doc • rev. 01107 Page 4 of 7 LlMassachusetts Department of Environmental Protection Bureau of Resource Protection - Wetlands DEP File Number: WPA Form 4B — Order of Resource Area Delineation 242-1390 Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 Provided by DEP D. Findings This Order of Resource Area Delineation determines that the Stormwater Plan, if applicable, and the boundaries of those resource areas noted above, have been delineated and approved by the Commission and are binding as to all decisions rendered pursuant to the Massachusetts Wetlands Protection Act (M.G.L. c.131, § 40) and its regulations (310 CMR 10.00). This Order does not, however, determine the boundaries of any resource area or Buffer Zone to any resource area not specifically noted above, regardless of whether such boundaries are contained on the plans attached to this Order or to the Abbreviated Notice of Resource Area Delineation. The Agent or members of the Conservation Commission and the Department of Environmental Protection shall have the right to enter and inspect the area subject to this Order at reasonable hours to evaluate compliance with the conditions stated in this Order, and may require the submittal of any data deemed necessary by the Conservation Commission or Department for that evaluation. If the Abbreviated Notice of Resource Area Delineation was filed as Simplified Review for a Buffer Zone project, the applicant has certified that any work associated with the proposed project meets all eligibility requirements for Simplified Review listed in Section C of this Order. Any work that does not comply with the Simplified Review requirements will require a Notice of Intent or Request for Determination of Applicability. The applicant is responsible for promptly requesting a Certificate of Compliance following completion of any work allowed pursuant to a Simplified Review or no later than three years from the date of the Order of Resource Area Delineation unless the Order is extended. Failure to comply with the conditions of this Order is grounds for the Conservation Commission or the Department to take enforcement action. This Order must be signed by a majority of the Conservation Commission. The Order must be sent by certified mail (return receipt requested) or hand delivered to the applicant. A copy also must be mailed or hand delivered at the same time to the appropriate DEP Regional Office (see http://www.mass.gov/dep/about/reaion/findvour.htm). E. Appeals The applicant, the owner, any person aggrieved by this Order, any owner of land abutting the land subject to this Order, or any ten residents of the city or town in which such land is located, are hereby notified of their right to request the appropriate DEP Regional Office to issue a Superseding Order of Resource Area Delineation. When requested to issue a Superseding Order of Resource Area Delineation, the Department's review is limited to the objections to the resource area delineation(s) stated in the appeal request. The request must be made by certified mail or hand delivery to the Department, with the appropriate filing fee and a completed Request for Departmental Action Fee Transmittal Form, as provided in 310 CMR 10.03(7) within ten business days from the date of issuance of this Order. A copy of the request shall at the same time be sent by certified mail or hand delivery to the Conservation Commission and to the applicant, if he/she is not the appellant. Any appellants seeking to appeal the Department's Superseding Order associated with this appeal will be required to demonstrate prior participation in the review of this project. Previous participation in the permit proceeding means the submission of written information to the Conservation Commission prior to the close of the public hearing, requesting a Superseding Order or Determination, or providing written information to the Department prior to issuance of a Superseding Order or Determination. The request shall state clearly and concisely the objections to the Order which is being appealed and how the Order does not contribute to the protection of the interests identified in the Massachusetts Wetlands Protection Act, (M.G.L. c. 131, § 40) and is inconsistent with the wetlands regulations (310 CMR 10.00). To the extent that the Order is based on a municipal bylaw or ordinance, and not on the Massachusetts Wetlands Protection Act or regulations, the Department of Environmental Protection has no appellate jurisdiction. wpaform4b.doc • rev. 01/07 Page 5 of 7 Massachusetts Department of Environmental Protection Bureau of Resource Protection - Wetlands DEP File Number: WPA Form 4B — Order of Resource Area Delineation242-1390 Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 Provided by DEP F. Signatures and Notary Acknowledgement Please indicate the tuber of members who will sign this form: C � � 1. Number of Signers 2 Sign t r Consafvation Co mission Member Sign ure Conservation Commission Member ig ture o Cos a an mmission Member Signature of Con ration Commission Member S' nat a of Cons i ommission Member i ure of -Conservation Commission Member Signature of Conservation Commission Member This Order is valid for three years from the date of issuance. This Order is issued to the applicant and the property owner (if different) as follows: eby hand delivery on ❑ by certified mail, return receipt requested on s ry �r�? Date Date Notary Acknowledgement Commonwealth of Massachusetts County of 4 th Day / On this pof Before me, the undersigned Notary Public, personally appeared Essex North H4'�tw7 Month Year Sce-4+ Pj 'X'5;! Name of Document Signer proved to me through satisfactory evidence of identification, which was/were Massachusetts License Description of evidence of identification to be the person whose name is signed on the preceding or attached document, and acknowledged to me that he/she signed it voluntarily for its stated purpose. As member of North Andover Cityrrown Conservation Commission PJBW comes WEKTM OF VAMCHUSEM Yt My Comm Expires Aug. 7, 2009 IgM Place notary seal and/or any stamp above nature of Notary Public lbDl?/2a /li �✓ J� G� Printed Name of Notary Public -7 o9DD My Commi ion xpires (Date) wpaform4b.doc • rev. 01/07 Page 6 of 7 Massachusetts Department of Environmental Protection Bureau of Resource Protection - Wetlands DEP File Number: / WPA Form 4B — Order of Resource Area Delineation 242-1390 Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 Provided by DEP G. Recording Information If this Order is issued for purposes of Resource Area Delineation only, this Order should NOT be recorded. If this Order of Resource Area Delineation is issued as part of a Simplified Review, this Order must be recorded in the Registry of Deeds or the Land Court for the district in which the land is located, within the chain of title of the affected property. In the case of recorded land, the Final Order shall also be noted in the Registry's Grantor Index under the name of the owner of the land subject to the Order. In the case of registered land, this Order shall also be noted on the Land Court Certificate of Title of the owner of the land subject to the Order of Conditions. The recording information on Page 6 of this form shall be submitted to the Conservation Commission listed below. North Andover Conservation Commission Detach on dotted line, have stamped by the Registry of Deeds and submit to the Conservation Commission. --------------------------------------------------------------------------- To: North Andover Conservation Commission Please be advised that the Order of Conditions for the Project at: Project Location 242-1390DEP File Number Has been recorded at the Registry of Deeds of: County Book Page for: Property Owner and has been noted in the chain of title of the affected property in: Book Page In accordance with the Order of Conditions issued on: Date If recorded land, the instrument number identifying this transaction is: Instrument Number If registered land, the document number identifying this transaction is: Document Number Signature of Applicant wpaform4b.doc • rev. 01/07 Page 7 of 7 Massachusetts Department of Environmental Protection Bureau of Resource Protection - Wetlands ' Request for Departmental Action Fee Transmittal Form Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 Important: When filling out forms on the computer, use only the tab key to move your cursor - do not use the return key. A. Request Information 1. Person or party making request (if appropriate, name the citizen group's representative): Name Mailing Address Cityrrown Phone Number Project Location Mailing Address State Zip Code rax Number (if applicable) t,rcyi i own State 2. Applicant (as shown on Notice of Intent (Form 3), Abbreviated Notice of Resource Area Delineation (Form 4A); or Request for Determination of Applicability (Form 1)): Name Mailing Address City/Town rnone rvumoei 3. DEP File Number: B. Instructions 1. When the Departmental action request is for (check one): ❑ Superseding Order of Conditions ❑ Superseding Determination of Applicability State Zip Code rax Number (if applicable) ❑ Superseding Order of Resource Area Delineation Send this form and check or money order for $100.00 (single family house projects) or $200 (all other projects), payable to the Commonwealth of Massachusetts to: Department of Environmental Protection Box 4062 Boston, MA 02211 WPa OMO.doc Page 1 of 2 Massachusetts Department of Environmental protection Bureau of Resource Protection - Wetlands Request for Departmental Action Fee Transmittal Form )LI Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 B. Instructions (cont.) 2. On a separate sheet attached to this form, state clearly and concisely the objections to the Determination or Order which is being appealed. To the extent that the Determination or Order is based on a municipal bylaw, and not on the Massachusetts Wetlands Protection Act or regulations, the Department has no appellate jurisdiction. 3. Send a copy of this form and a copy of the check or money order with the Request for a Superseding Determination or Order by certified mail or hand delivery to the appropriate DEP Regional Office (see http://www.mass gov/dep/about/region/findyour. htm). 4. A copy of the request shall at the same time be sent by certified mail or hand delivery to the Conservation Commission and to the applicant, if he/she is not the appellant. wpaform4b.doc Page 2 of 2 w Any appy shall be filed within (20) days after the date of filing this notice in the office of the Town Clerk. Town of North Andover 2uOI I'MY -7 Ai.I 1E,3 Office of the Planning Department I Vow I"f Community Development and Services Divikip,!(i1 r ; 1600 Osgood Street North Andover, Massachusetts, 01845 NOTICE OF DECISION Date: May 2, 2007 Date of Hearing: April 17, 2007 Date of Decision: May 1, 2007 Petition OF. Ronald & Karen McClasluy 870 Great Pond Road North Andover, MA 01845 Premises Affected: 870 Great Pond Road, North Andover, MA 0180, Map 103 —Parcel 112 Referring to the above petition for a Watocshod Special Perrot from the req urenents of the North Andover Zoning Bylaw, Sectiau 4.136. So as to allow to constrict a proposed 458 s.f one-story, wood Ery and and drainage wftcWm and associated rrmwnal site wnh Sas ' 1 i� Watershed Protection District within the R 1 zoning district wifbin the Non- discharge zone of the Upon a motion made by Jemni£er Kusek 2°' by Alberto Angles to APPROVE a Watershed Special Permit as Richard ed and based , Jenonifer on the & conditions. Voting members were: John Simons, Alberto Angles, nnothy Senbert. Vote was um=nohs, 5-0. Richard Nardella abstained from vo ft as he was not in attendance at the previous mowing. On bdWmffWof North Planning Board cc: Town Departments Applicant Engineer Abutters Assessor Jolm Simons, Vice Chairman AFberto An" actft Clerk Richard Rowvn, regular member Jennifer Kuse k regular mwnnber Thy Seiba t, alternate menmber Bldg. ZBA Con/Com Health-) Fire Chief Police Chief Town Clerk DPW/Engineers Map 103, Parcel 112 Watershed Special Permit P The public hearing on the above referenced application was opened on April 17, 2007 and closed by the North Andover Planning Board on May 1, 2007, upon a motion made by Jennifer Kusek and seconded by Alberto Angles to GRANT a Watershed Special Permit as amended in order to construct a 458 s.f, one-story, wood frame proposed addition with garage under, and patio, and drainage structure within the R-1 zoning district within the Non -Discharge zone of the Watershed Protection District. The single-family residence is located at 870 Great Pond Road, North Andover, MA, Assessors Map 103, Parcel 112 and is located within the Non -Discharge Zones 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 Ronald & Karen McCluskey, 870 Great Pond Road, North Andover, MA The applicant submitted a complete application, which was noticed on March 27, 2007 and reviewed in accordance with Section 4.136 of the Town of North Andover Zoning Bylaw and MGL Chapter 40A, Section 9. The lot was created in 1970 and is subject to the Watershed Protection District provisions for lots created before October 24, 1994. The Planning Board voted on the motion in favor of the Watershed Special Permit. 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 fording 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 fording on the following facts: a) The topography of the site will not be altered substantially. The proposed addition was specially designed and located to minimize the amount of grading/topographical changes and take advantage of natural features of the property. Further, a proposed 500 gallon drywell was designed to collect all runoff associated with the roof areas of the proposed addition. The drainage infrastructure is designed to handle the 100 -year storm event and will serve to mitigate any potential storm water runoff problems from the proposed addition. b) The proposed extension of the Bluestone patio will not alter present site grading. c) The limit of clearing and impact is restricted to the minimum necessary to construct the project. d) The proposed site work described will not have a negative impact to the surrounding watershed. There will not be any significant degradation of the quality or quantity of water in or entering Lake Cochichewick. The proposed drywell will serve to collect storm water runoff and provide a means 2 8 iu vreat rond Road Map 103, Parcel 112 Watershed Special Permit Y of recharging the ging groundwater table. The drywell, in addition to the minimal site grading changes, will serve to promote mitigation measures to protect runoff from entering surrounding wetland areas, which ultimately discharge to the lake. e) The construction of the proposed addition and storm water management plan has been reviewed by the Town's Engineer and Town Planner and determined that there will be no degradation to the quality or quantity of water in or entering the isolated vegetated wetland or Lake Cochichewick. 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 use will not adversely affect the neighborhood as the lot is located in a Residential l Zoning District; 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; S) 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) Final approval of this Watershed Special Permit by the Planning Board is conditional upon a Notice of Intent to be issued by the Conservation Commission. 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 of two thousand dollars ($2,000) in the form of a check made out to the Town of North Andover must be posted to insure that construction will take place in 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 Department. Deteriorated erosion control measures shall be replaced and maintained throughout the duration of the 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 mylars and three copies of the signed plans 3 Map 103, Parcel 112 Watershed Special Permit must be delivered to the Planning Department. -11 b) The decision 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 feet of Lake Cochichewick or within 325 feet 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. d) All erosion control measures as shown on the plan must be in place and reviewed by the Town Planner and Conservation Department. 5) Prior to release of the Performance Bond: a) The applicant shall submit an as -built plan stamped by a Registered Professional Engineer in Massachusetts that shows all construction, including storm water management services and other pertinent site features. This as -built plan shall be submitted to the Town Planner for approval. The applicant must submit a certification from the design engineer that the site was constructed as shown on the approved plan. b) The Planning Board must by a majority vote make a finding that the site is in conformance with the approved plan. 6) In no instance shall the construction of the project as proposed be allowed to further impact the site than as shown on the plan referenced in Condition # 11. 7) No open burning shall be done except as is permitted during burning season under the Fire Department regulations. 8) The Contractor shall contact Dig Safe at least 72 hours prior to commencing excavation. 9) The provisions of this conditional approval shall apply to and be binding upon the applicant, it's employees and all successors and assigns in interest or control. 10) This Watershed Special Permit was issued on May 1, 2007, however, this Special Permit shall be deemed to have lapsed after a two (2) year period on May 1, 2009 unless substantial use or construction has commenced. 11) This decision must be filed with the North Essex Registry of Deeds. The following information is included as part of this decision: Plan titled: 870 Great Pond Road Proposed Site Development Plan, located in North Andover, Massachusetts (Essex County) Prepared for: Ronald & Karen McCluskey 870 Great Pond Road North Andover, MA 01845 Prepared by: Sullivan Engineering Group, Inc. 22 Mount Vernon Road 4 87U Great Pond Road Map 103, Parcel 112 Watershed Special Permit Boxford, MA 01921 Scale: 1" = 20 feet Date: March 14, 2007 Scott Giles, PLS #13972, Registered Land Surveyor Date: 4/9/07 7. ,i 9 _ L7 - GJ