HomeMy WebLinkAboutMiscellaneous - 9 Winter Streeti
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N I
6/28/2016
20679
This is an e -permit. To learn more, scan this barcode or visit northandoverma.viewpointcloud.com/#/records/20679
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�SSACHUSES
TOWN OF NORTH ANDOVER
PERMIT FOR GAS INSTALLATION
Date: June 28, 2016
This certifies that Benedict J Breituna
has permission for gas installation INSTALL A GAS LINE AND CONNECT A VENT FREE FIREPLACE UNIT
in the buildings of BROWN, TODD, M.
at 95 WINTER STREET, North Andover, Mass.
Lic. No. 30283
1/1
6/ 16 '
" s Pemit #20679 Re ovation/Alteration/Addition (Commercial or Residential NOT in conjunction with a Building Permit)
y
Applicant
r
i BENEDICT BREITUNG
Primary Contractor
Firm's (Business) Name
License #
30283
License Type
Journeyman Plumber
License Active
Mailing Address *
52 BUTLER ST, SALEM NH 030793924
Fax #
Alternate Phone #
Location
95 WINTER STREET, NORTH ANDOVER, MA
Owner
BROWN, TODD, M.
Plumber-Gasfitter Name (Licsensee) *
Benedict J Breitung
Type of Business
License Expiration Date
04/30/2018
License Status
Active
Preferred Telephone #:
1-800-322-6628
Email
I hereby certify that all of the details and information i have submitted or entered regarding this application are true and accurate to the best of my
knowledge and that all plumbing work and installations performed under the permit issued for this application will be in compliance with all
Pertinent provision of the Massachusetts State Plumbing Code and Chapter 142 of the General Laws. *
Project Info
1/4 f
6/22/2016
Is this Permit in conjunction with a Building Permit (select yes or no)
No `
Occupancy Type (NOTE: For any residential building larger than two family please select Commercial)
Residential Single Family
Total # Units * Type of Work
1 Renovation/Alteration/Addition
Description of Work to be Performed * Plans Submitted
INSTALL A GAS LINE AND CONNECT A VENT FREE
FIREPLACE UNIT
Are you installing a generator*
No
Date Work is to Start (inspections to be requested in accordance tiwh MEC Rule 10, and upon completion)
06/24/2016
Fixtures/Appliances
Total Number of Fixtures/Appliances
Total # of Appliances/Fixtures
1
Miscellaneous Fixtures/Appliances
Gas Meter and Near Meter Piping
Remodeling of Gas Piping - Residential
1
Temporary Heater
# Of Residential New/Replacement of Water Heater(s)
Remodeling of Gas Piping.- Commercial
Swimming Pool Heater
L.P. Gas Installation Permit
214
6/22/2016
# Of Commercial New/Replacement of Water Heater(s)
s
# of Residential Furnace or Gas Boiler Replacement and Conversion Burner
# Of Commercial Furnace or Gas Boiler Replacement and Conversion Burner
Test
Total Number of Roof Top Air Conditioners
Direct Vent Heater/Fireplace
Total Number of Roof Top Heaters
Insurance
I have a current liability insurance policy or its substantial equivalent which meets the requirements of MGL. Ch. 142. If NO is selected a copy of
the signed Owner's Insurance Waiver must be attached to this application.
Yes
If yes, indicate the type of coverage * If'other', specify
Liability Insurance Policy
Worker's Compensation Insurance Affidavit: Builders/Contractors/Electricians/Plumbers
Are you an employer? Select the appropriate type . Any applicant that selects #1 must also fill out the section below showing their workers'
compensation policy information.
1. 1 am an employer with employees (full and/or part-time)
Type of Project * ! Please explain 'other' project
Other
I am an employer that is providing workers' compensation insurance for my employees. Below is the
policy and job site information.
Insurance Company Name (Attach a copy of workers' compensation policy declaration page showing the policy number and expiration date)
HDI-GERLING AMERICA INSURANCE
3/4
6/22/2016
Policy-# or Self -Ins. License #
EWGCDO00080616
Expiration Date'
03/15/2017
Workers' Compensation Affidavit Signature
I do hereby certify under the pains and penalties of perjury that the information provided above is true and correct.'
4/4
The Commonwealth of Massachusetts
Department oflndustrialAccidents
I Congress Street, Suite 100
Boston, MA 02114-2017 '
www mass.gov/dia
Workers' Compensation Insurance Affidavit: Builders/Contractors/Electricians/Plumbers.
TO BE FILED WITH THE PERMTTTING AUTHORITY.
Applicant Information Please Print Lezibly
Name (Business/Organization/Individual): 6cj . ac .
Address: 13 i W q Ie, 5 f .
1
Llty/btate/Glp: Ot`f 33 Phone#: `t IT'
#re you an employer? Check the appropriate box:
I am a employer with q151 employees (full and/or part-time).*
2.F I am a sole proprietor or partnership and have no employees working for me in
any capacity. (No workers' comp. insurance required.]
3.[:] I ani a homeowner doing all work myself. [No workers' comp. insurance required.] t
4. ❑ I am a homeowner and will be hiring contractors to conduct all work on my property. I will
ensure that all contractors either have workers' compensation insurance or are sole
proprietors with no employees.
5.0 I am a general contractor and I have hired the sub -contractors listed on the attached sheet.
These sub -contractors have employees and have workers',comp. insurance.t
6. ❑ We area corporation and its officers have exercised their right of exemption per MGL c.
152, § 1(4), and we have no employees. [No workers' comp. insurance required.]
°75c - i✓OSOo
Type of project (required):
7. 0 New construction
S. 0 Remodeling
9. ❑ Demolition
10 Q Building addition
11.0 Electrical repairs or additions
12. Q Plumbing repairs or additions
13.[:]Roof repairs
14. [Other Go S f : ♦t , n S
'airy applicant that checks box #1 must also fill out the section below showing their workers' compensation policy information.
t Homeowners who submit this affidavit indicating they.are doing all work and then hire outside contractors must submit a new affidavit indicating such.
tContractors that check this box must attached an additional sheet showing the name of the sub -contractors and state whether or not those entities have
employees. If the sub -contractors have employees, they must provide their workers' comp. policy number.
I am an employer that is providing workers' compensation insurance for my employees Below is the policy and job site
information.
Insurance Company Name: Ht� l'
Policy # or Self -ins. Lic. #: ' CW G C t�i 00 00 1? 0 (ra L& Expiration Date: 3 / 1.5 / 17
Job Site Address: City/State/Zip: Ot. v +k% a h Jrn.e��
Attach a cony of the workers' compensation policy declaration page (showing the policy number and expiration date).
Failure to secure coverage as required under MGL c. 152, §25A is a criminal violation punishable by a fine up to $1,500.00
and/or one-year imprisonment, as well as civil penalties in the form of a STOP WORK ORDER and a fine of up to $250.00 a
day against the violator. A copy of this statement may be forwarded to the Office of Investigations of the DIA for insurance
coverage verification.
I do hereby certify ul4athaAains and penalties ofgg#ury that the information provided above is true and correct
15/tom
g-
Official use only. Do not write in this area, to be completed by city or town
City or Town: Permit/License #
Issuing Authority (circle one):
1. Board:of Health 2. Building Department 3. City/Town Clerk_ 4. Electrical Inspector 5. Plumbing Inspector
6. Other'
Contact Person: Phone #
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®
1000OMFOKT.SYSTME.
INSTALLATION INSTRUCTIONS
AND OWNER'S MANUAL.
- Vented/Vent-Free Burner
SP SP
ccnnnE°
This appliance may be installed in an aftermarket
permanently located, manufactured (mobile)
home, where not prohibited by local codes.
This appliance is only for use with the type of gas
indicated on the rating plate. This appliance is not
convertible for use with other gases.
Installer: Leave this manual with the
appliance.
Consumer: Retain this manual for future
reference.
WARNING: If the information in these instruc-
tions are not followed exactly, a fire or explo-
sion may result causing property damage,
personal injury or loss of life.
— Do not store or use gasoline or other flam-
mable vapors and liquids in the vicinity of
this or any other appliance.
— WHAT TO DO IF YOU SMELL GAS
• Do not try to fight any appliance.
• Do not touch any electrical switch; do not
use any phone in your building.
• Immediately call your gas supplier from
a neighbor's phone. Follow the gas sup-
plier's instructions.
• If you cannot reach your gas supplier,
call the fire department.
— Installation and service must be performed
by a qualified installer, service agency -or the
gas supplier.
UNVENTED GAS LOG `HEATER
MILLIVOLT MODELS
VFSR-(16,18,24,30)-4
VARIABLE MODELS
VFSV-(16,18,24,30)-3
MANUAL MODELS
VFSM-(1,8,24,30)-3
...OR
VENTED DECORATIVE APPLIANCE
MANUAL MODELS
VFSM-(18;24,30)-3 .
VARIABLE MODELS
VFSV-(16;18,24, 30)-3
NATIONAL We suggest that our gas
FIREPLACE
INSTITUTE'
hearth products be installed
and serviced by profes-
sionals who are certified in
the U. -S. -by tb6 Naflonal
Fireplace Institute" (NFI) as
NFI Gas Specialists.
CERTIFIED
www.nficertifiedxrg
This is an unvented gas-fired heater. It uses air
(oxygen) from the room in which it is installed.
Provisions for adequate combustion and ventila-
tion air must be provided. Refer to page 9.
WARNING: If not installed, operated and
maintained in accordance with the manufacturer's
instructions, this product could expose you to
substances in fuel or from fuel combustion which
can cause death or serious illness.
WATER VAPOR: A BY-PRODUCT OF UNVENTED
ROOM HEATERS
Water vapor is a by-product of gas combustion.
An unvented room heater produces approximately
one (1) ounce (30mi) of waterfor every 1,000 BTU's
(.3KW's) of gas input per hour. Refer to page S.
Page 1
26333-5-1012
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26333-5-1012
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Pilot Flame -----------------'---.--------.`'
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Parts Vi8vv................................................ ----�
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Master Pa�S[iSthbUtOrList ----------------'___
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How tOOrder Repair Parts '-----------------'---_
.......................................
25
Warranty Terms -------'----..
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Appliance ��8r�QeHiStOFV`----------_---_----
26333-5-1012
®1/YARNF1V
When used without adequate combustion and ventilation air, CARBON MONOXIDE POISONING MAY LEAD TO DEATH.
heater may give off CARBON MONOXIDE, an odorless, poisonous Early signs of carbon monoxide poisoning resemble the flu, with
gas. headache, dizziness and/or nausea. If you have these signs,
G t fresh air at once! Have
Do not install heater until all necessary provisions are
made for combustion and ventilation air. Consult the
written instructions provided with the heater for information
concerning combustion and ventilation air. In the absence
of instructions, refer to the National Fuel Gas Code,
ANSI 2223.1/NFPA 54, Air for Combustion and Ventilation,
or applicable local cocles.
This heater is equipped with a PILOT LIGHT SAFETY SYSTEM
designed to turn off the heater if not enough fresh air is
available.
DO NOT TAMPER WITH PILOT LIGHT SAFETY SYSTEM!
If heater shuts off, do nol relight until you provide fresh air.
If heater keeps shutting off, have it serviced. Keep burner and
control compartment clean.
26333-5-1012
heater may not be working properly. e r
heater serviced.
Some people — pregnant women, persons with heart or lung
disease, anemia, those under the influence of alcohol, those
at high altitudes — are more affected by carbon monoxide than
others.
The pilot light safety system senses the depletion of oxygen al
its location. If this heater is installed in a structure having a higl-
vertical dimension, the possibility exists that the oxygen supply a'
the higher levels will be less than that at the heater. In this type
of application, a fan to circulate the structure air will minimize this
effect. The use of this fan will also improve the comfort level in the
structure. When a fan is used to circulate air, it should be locatec
so that the air flow is not directed at the burner.
Paae 3
A WARNING: Do not use a blower insert, heat exchanger insert
A DANGER: Indicates hazardous situation which, if not avoided, •
or other accessory not approved for use with this heater.
o
will result in death or serious injury. •
Periodic examination. and cleaning of the venting system o
A WARNING: Indicates a hazardous situation which, if not avoid-
the solid -fuel burning fireplace, including frequency of such
-agency.
ed;:could resultin death or s�
a c eaning, 6Y a qu ified
The installation must conform with local codes or, in the absence
A CAUTION: Indicates a hazardous situation which, if not avoided,
of local codes, with the National. Fuel Gas Code,.ANSI Z223.1/
could result in minor or moderate injury.
NFPA54.
repair should be done by a qualified
NOTICE: Addresses practices not related to personal injury.
NOTICE: Installation and
service person. The appliance should be inspected before use
and at least annually by,a qualified service person.. More frequent
An unvented room heater having an input rating of more than
cleaning may be required" due. to. excessive lint from. carpeting,
6,000 Btu per hour shall not be installed in a bathroom
bedding material,'etc. It is imperative that the; control compart-
An unbented room heater having an input rating of more than
ment, burners and circulating, air passageways. of the. appliance
10,000 Btu per hour.shall not.be installed in a bedroom
be kept clean.
bathroom.
Never burn solid fuels in a fireplace where a gas log set is
Any safety screen or guard removed for servicing an appliance.
must be replaced prior to operating the appliance. Provide ad -
installed.
Due to high temperatures, the appliance should be located out
equate combustion and ventilation air.
The.flow of combustion and-ventilatco.n air.MUST NOT be ob-
of traffic and away fron- furniture and draperies.
Do not place clothing or other flammable material on or, near the
strutted:
Provide adequate clearances around air openings into the com-
appliance.
Children: and adults should be alerted to the hazards -of high sur-
bustion chamber and adequate accessibility clearance for serviq-
ing and proper operation, NEVER. obstruct the front opening of
face temperature and should stay away to avoid burns, or clothing
the appliance.
heater intended for installation in a solid -fuel
ignition.
Young children should be.carefully supervised when they are in
An unvented room
burning fireplace shall comply with the following instructions.
the same room as the appliance.
Afireplace screen mustbeinplacewhenthe appliance is.operating
This unit complies with ANSI Z21.11.2 Unvented Heaters and it
and, unless other provisions for. combustion air are provided, the
_
complies with ANSI 221.60 Decorative Vented Appliances
screen shall have an opening(s) for introduction of combustion
.also
for Solid Fuel Burning Fireplaces. State or local codes may only
air.
allow operation of this appliance in a vented configuration. Check
Solid -fuels shall not be burned in a masonry or UL 127 factory -
your state or local codes.
built fireplace in which an unvented room heater is installed.
Correct installation of logs, proper location of the heater and
Any glass doors shall be fully opened when the appliance. is in
annual cleaning are necessary to avoid potential problems with
sooting. Sooting, resulting from improper installation or operation,
operation. .
Any outside air ducts and/or.ash dumps in the fireplace shall be
can settle on surfaces outside the fireplace.
permanently closed at time of appliance installation.
Avoid any drafts that could alter burner flame patterns. Do not
A WARNING: Failure to keep the primary air opening(s) of the
allow fans to blow directly into the fireplace. Do not place a blower
firebox. Ceiling fans may create drafts
burner(s) clean may result.in sooting and property damage.
inside burn box area of
that alter burner flame patterns. Sooting and improper burning
A. WARNING: Before installing in a solid -fuel burning fireplace,
firebox must be cleaned of soot, creosote,
will occur as a result of drafts.
the chimney flue and
ashes and loose paint by a qualified chimney cleaner.
A WARNING: Do not allow fans to blow directly into the fireplace.
Avoid any drafts that alter burner flame patterns.
®1/YARNF1V
When used without adequate combustion and ventilation air, CARBON MONOXIDE POISONING MAY LEAD TO DEATH.
heater may give off CARBON MONOXIDE, an odorless, poisonous Early signs of carbon monoxide poisoning resemble the flu, with
gas. headache, dizziness and/or nausea. If you have these signs,
G t fresh air at once! Have
Do not install heater until all necessary provisions are
made for combustion and ventilation air. Consult the
written instructions provided with the heater for information
concerning combustion and ventilation air. In the absence
of instructions, refer to the National Fuel Gas Code,
ANSI 2223.1/NFPA 54, Air for Combustion and Ventilation,
or applicable local cocles.
This heater is equipped with a PILOT LIGHT SAFETY SYSTEM
designed to turn off the heater if not enough fresh air is
available.
DO NOT TAMPER WITH PILOT LIGHT SAFETY SYSTEM!
If heater shuts off, do nol relight until you provide fresh air.
If heater keeps shutting off, have it serviced. Keep burner and
control compartment clean.
26333-5-1012
heater may not be working properly. e r
heater serviced.
Some people — pregnant women, persons with heart or lung
disease, anemia, those under the influence of alcohol, those
at high altitudes — are more affected by carbon monoxide than
others.
The pilot light safety system senses the depletion of oxygen al
its location. If this heater is installed in a structure having a higl-
vertical dimension, the possibility exists that the oxygen supply a'
the higher levels will be less than that at the heater. In this type
of application, a fan to circulate the structure air will minimize this
effect. The use of this fan will also improve the comfort level in the
structure. When a fan is used to circulate air, it should be locatec
so that the air flow is not directed at the burner.
Paae 3
1P
Propane (LP -Gas) is a flammable gas which can cause fires bypointwiththemembersofyourhousehold.Somedaywhen
t be a
nute to lose,
ne 5 safety will
and explosions In its natural state, propane is odorless there may nOexactln'what to do. If,after reading the following
and colorless. You may not know all the following safety. on knowing
precautions which can protect both you and your family from information, you feel you still need more information, please
{tet yatrr gas-suRp,
- an accident-Reid-ttrem-c"arefatf ,
LP -GAS WARNING ODOR
If a gas leak happens, you should -be .able to smell the.gas because of the odorant put in theLF..
That's your signal to go into immediate action! -
arson and the fire department Even though you may not
Do not operate electric switches; light matches, use your
person
to smell gas, do not turn on the gas again..Do not
phone. Do. not do anything that could ignite the gas.:_re-enter the building, vehicle, trailer,. or area.
Get everyone out of the building, vehicle, trailer, or area..Do Finally, let the serviceman and firefighters check for escaped
that IMMEDIATELY. gas. Have them air out the area before you return. Properly
Close all gas tank.or cylinder supply valves: trained LP -Gas service people should repair the leak then
LP-Gas.is heavier yuan air and may settle in low areas.such check and real . rvi gas appliance for you: .
• as basements. When you have reason to suspecta gas leak,
keep out of basements -and other low: areas. Stay out until
firefighters declare them .to be safe.
• Use your neighbor's phone and calla trained LP -Gas service'
Nn ODOR DETECTED ODOR FADE
Some'people cannot smellwell. Some people cannotsmell the
odor of the chemical put into the gas. You must find out if you
can smell the odorant in propane. Smoking can decrease your
ability to smell. Being around an odor for a time can affect your
sensitivity or ability to detect that odor. Sometimes other odors in
the area mask the gas odor. People may not smell the gas odor
or their minds are on something else. Thinking about smelling a
gas odor can make it easier to smell.
there is rust inside the storage tank or in iron gas pipes. .
The odorant in escaped gas can adsorb or absorb onto or into walls,
masonry and other materials and fabrics in a room. That will take
some of the odorant out of the gas, reducing its odor intensity.
LP -Gas may stratify in a closed area, and the odor intensity, could
vary at different levels. Since it is heavier than air, .there may be
more odor at lower levels. Always be sensitive to the slightest gas
odor. If you detect any odor, treat it as a serious leak. Immediately
The odorant in LP -gas is colorless, and it can fade under some go into. action as instructed earlier.
circumstances., For example, if there is an underground leak, the
movement of the gas through soil can filter the odorant. Odorants
in LP -Gas also are subject to oxidation. This fading can occur if
SOME POINTS TO REMEMBER
fo recognize the odor of LP -gas. Your local LP -Gas cause odor fade. If such conditions are suspected to exist,
Learn 9 aperiodic sniff test of the gas is.advisable.. If you.have any
Dealer can give you a "Scratch and Sniff' pamphlet. Use it to question about the gas odor, call your LP -gas dealer. A
find out what the propane odor smells like. If you suspect that eriodic sniff test of the LP -gas is a good safety measure
your LP -Gas has a weak or abnormal odor, call your L -P -Gas under any condition.
Dealer.
If you are not cualified, do not light pilot .lights, perform
service, or make adjustments to appliances on the LP -Gas
system. If you are qualified, consciously think lights or about the
odor of LP -Gas prior to and while lighting plot g per-
forming service or making adjustments:
Sometimes a basement or a closed -up house has a musty
smell that can cover up the LP -Gas odor. Do not try to light
pilot lights, perform service, or make adjustments
in an area
detect the
where the conditions are such that you may n
odor if there has been a leak of LP -Gas.
Odor fade, due 10 oxidation by rust or adsorption on walls of
new cylinders and tanks, is possible. Therefore, people should
be particularly alert and careful when new tanks or cylinders
are placed in service. Odor fade can occur in new tanks, or
reinstalled old tanks, if they are filled and allowed to set too
long before refilling. Cylinders and tanks which have been
out of service for a time may develop internal rust which will
Page 4
If, at any time, you do not smell the LP -Gas odorant and you
think you should, assume you have a leak. Thentakethe same
immediate action recommended above forthe occasion when
you do detect the. odorized LP -Gas.
If you experience a complete "gas out," (the container is
under no vapor pressure), turn the tank valve off immediately.
If the container valve is left on, the container may draw in
some air through. openings such as pilot light orifices. If this
occurs, some new internal rusting could occur. If the valve is
left open, then treat the container as a new tank. Always be
sure your container is under vapor pressure by turning it off
at the container before it goes completely empty or having it
refilled before it is completely empty.
26333-5-1012
This unit cannot be installed in a UNVENTED application,
this unit can only be installed as a VENTED application
with these requirements.
This unit complies with AN8'I Z21.60and CGA 2.26 Decora
tine Gas Appliances.:For `lristallation. In Solid Fuel -Burning
Fireplace's. Do not burn wood or solid fuels in a fireplace
where.a decorative gas,log set is installed. This appliance is
for installation only in a solid fuel burning fireplace, masonry.
fireplace or manufactured. fireplace.
® Warning Any modification to this gas log set or to con-
trols can bedangerous. improper installation or use of the
gas log set. can cause serious injury or death. from fire,
burns, explosion orcarbon monoxide poisoning.
1. Please follow all local codes regarding installation.,
combustion and ventilation air or in the absence of
local codes follow the National Fuel Gas Code ANSI
Z223.1(U.S. installation), or CAN/CGA-B'149, Installa-
tion Code (Canada installation).'
2. Proper installation, burner pan location and log
placement is important to achieve optimum look and
performance of your gas log set. The logs have been
designed for easy location and placement on the grate
and must be followed for proper operation.
3. Do not operate this log set with glass doors in the closed
position. A fireplace screen must be in place when the
log set is burning. Adequate combustion air must be
provided for proper venting. All flames should go up
and out the top of the firebox into the flue vent. If any
flames float or curl forward into the, room do not operate
appliance. Check for an open flue and adequate.
combustion air into the room. A damper clamp must
be. installed on the firebox damper to maintain an open
flue vent condition. Refer to page 12 INSTALLING
DAMPER CLAMP
4. Young children must be carefully supervised when
they are in the same room as the gas log while in
operation. Do not place stockings, clothing or any
flammable material above or near the fireplace.
5. Do not substitute or use materials other than those
supplied for use with the log set.
6. Also refer. to IMPORTANT SAFETY INFORMATION on
page.4 of this manual
26333-5-1012
® WARNING; DO NOT OPERATE TH15 GA5 LUL., ar-
WITH GLASS DOORS CLOSED
C lothinn nr nther�lamrnable-material should not be
piaeed on ornearthe appliance.
Do not place trash or other articles on the log set during
operation:
• During manufacturing; fabricating and shipping various
components of this appliance are treated with certain
oils,. films ..or .bonding==agents. `These bonding agents
are not harmful but may :prod.uce annoying smoke and
smells as they are burned offduring initial operation of
the appliance. This is, a.normaltemporary. occurrence_
A window should be opened during the initial bake .out
period.
• Keep burner and control.compartment clean.
• A WARNING: Before.instal.ling in a solid.fuel burning
fireplace, the chimney flue and firebox must be cleaned
of soot, creosote, asha qualified
es and loose.paint by .
chimney cleaner.
Installation and repair should be done' by .a qualified
service person. The appliance. should be inspected
before use and at least annually by a qualified service
person. More frequent cleaning may be required due to
excessive lint from carpeting, bedding materials, etc. it
is imperative that control compartments, burners and
circulating air passageways of the appliance be kept
clean.
• Do not put anything around the fireplace that will
obstruct the flow of ventilation air.
• Do keep the appliance area clear and free from
combustible material, gasoline and other flammable va-
pors and liquids.
• A yearly examination and. cleaning of.the venting. system
of the solid -fuel burn ing.firepiace must be performed by
a qualified agency.
• Do make a periodic visual check of pilot and burners.
Clean and replace damaged parts.
• Do not use this appliance if any part has been under
water: Immediately call a .qualified service technician
to inspect the appliance and to replace, any part of the
control system and any gas control hich has been
under water.
• Never burn solid fuels in fireplace where a gas log set is
installed.
• This unit complies with ANSI Z21.60 Decorative Vented
Appliances for Solid Fuel Burning Fireplaces. State or
local codes may only allow operation of this appliance
in a vented configuration. Check your state or local
codes.
Page 5
t 0 j
Attention: During initial -use of log you will detect an odor as
IMPORTANT: Read all instructions carefully before starting
Failure to follow these installation instructions may
the log is cured.
During initial firing of this unit, its paint will bake out, and
installation.
in a possible fire hazard and will void the warranty.
Notice:
❑Pf>f smoke' alarms, ventilate
result
Save this manual for future re erence.
using the.
the room in which the -unit -i s installed.
Please read.this manual before installing and
appliance.
Instructions to Installer
manual wit h owner after
A •AL1! ,
rning
This app lint aul listed
IiaoncUL f
1. Installer must leave' instruction
masonry 127 fact%ry bu It replacel'or
been design certified for
installation., pp
2. Installer must have owner out and mail warranty card supplied
ventiess firebox enclosure It.=has
installations. Exception: DO NOT`install this appliance
with unvented room heater/vented decorative appliance.
operate unJented
these
built fireplace'that includes instructions stating
be used with unvented
3. Installer should show owner how to start and
it has not been tested or should not
room heater/vented decorative appliance.
your local Building Department regarding regulations,
gas logs. .
Always:consult
codes or ordinances which apply to the installation of an unvente.d
4
room heaterNented decorative appliance.
be installed in an. aftermarket" manufactured
- • i� _
to this.unvented gas heater or its controls.
This appliance .may.
( mobile) home; where not prohibited by state or local codes.
resale, from
Improper installation or use of the he
can. be dangerous modification
from fire, burns; explosion
"Aftermarket: Completion of sale, not for.purpose.of
can cause serious injury ordeath
the manufacturer.
type of indicated on the
or carbon monoxide poisoning
This appliance is only for use with the gas
rating plate. This appliance is not convertible for use with other
Well Head Gas Installations
"well head" This may affect the
gases.
Some natural gas utilities use gas.
as company for the heating value.
Btu outputofthe unit. Contact,
h
Contact the manufacturer or your gas company before cangin
New Installation g
VFSV Model - variable does not operate -ON is OFF/OFF is ON- spud/orifice size.
wires into the back of receiver are reversed.
Solid -fuels shall not be burned in a fireplacewhere a vented decorative
appliance is installed.
A vented decorative appliance must be installed only in a
solid -fuel burning fireplace with a working flue and constructed of
non-combustible material.
Any alteration of the original design, installed other than as
shown in these .instructions or use with- a type of gas not
shown on the rating plate is the responsibility of the person
and company making the change.
Important
All correspondence shciuld refer to complete Model Number, Serial
Number and type of g?s.
Page
ACCESSORIES
n tion Color
yca�.r't'
For use with VFSV; VFSM and VFSR models.:,
eV_1 Embers Kit
ELH-1 Fireplace Hood for Vent -Free Logs
ELH-2 Fireplace Hood for Vent -Free
For use with VFSR models only
Battery Operated Remote Control
FRBC
FRBTC
FREC
FWS
TMV
Black
Brass
Battery Operated Remote Control with Ther-
mostat
Electric Remote Control
Wall Switch.
Wall Thermostat, Millivolt - Reed Switch
Notice: Thermostats are for Vent -Free Applications only.
26333-5-1012
Page 7
26333-5-1012
PRODUCT SPECIFICATION
• Propane Gas
Natural Gas
Millivolt— Manual
Variable Millivolt
Manu 11
10. W- C.: 10:0 10.01, W.C.
'WC Wc —
6.0" W-C-
Regulator pressure setting
3.5" W.C.. 15". W.C.
10.5"
13.
W C 1 0,, W.C.
W.C.
13:0. W.C. 13.0" W.C.
re
Gas inlet pressure
Max.
10:5" W.C. W.C.'
0" W C 11.01, W.C. 11-() W.C.. 11:�O" W.C.
'TO W&
Min.
5.0" W.C. W.C.
BTUH
Med. Rate. BITUH Min. Rate
Gas
BTUH Max. Rte
Valve Type a.... ......
�Model
1:
Variable
500
15,75022
VFSV-1 6
Propane
1111 MEM",
15,750
VFSR-16
t5�
Propan. Millivolt
22,500
ij
X
19 00�-
V.FSV- 1.8,
32-0.00
4
S
... 22'Q00
VFSR718 Pro ane Millivolt
.3200.0
Am
Imai RJOI
27j000: 22,OOCY
VFS.M-1 8
Manual
34000
20,000
VFSV-24Pro
ane`
Variable
36,000,
Q5
25,000
VFSR-24.
Propane
Millivolt
36,000
I . . . . . .
00 22,000
Propane
Manual
36,000VFSM-24
VFSV-30Pro
1000
ane Variable 38 000
-
I CMFIS=R-.-ao 71MIKIN
6,000
VFSR30 Propane Millivolt 38 000
10 1
P �p X22#0
V
WEI
27,boo 22,000
-.
Propane
I Manual
m'000
Page 7
26333-5-1012
It uses air (oxyge
This is an unvented gas-fired heater. n) from the
Make sure you have received all parts:
Chek yourverify tht II listed parts have been
Ihaveothe
room in which it is installed. Provisions for adequate combustion
ecei ed. Youpacking shou d following
and ventilation air must be provided.
materials, gasoline
Gas log grate/burner assembly.
erevds-and-two_(2j 10 x 1/2"black
Keep room area clear and .fre:e from combustible
and other flammable vapors and liquids.
supplemental zone heater. They are not
sheet metal anchoring screws.,`
Plastic bag containing glowing embers (rock wool) for burner
Unvented gas heaters are a
intended to be a primary heating appliance. Water vapor produced
coverage.
by 'an unvented' heater can create moisture problems in .a home
Plastic bag containing lava rock
when operated for tended periods.of time.
Switch log assembly - VFSR models
During manufacturing fabricating and shipping, various components
Mth oils, films or bonding agents.
Remote kit - VFSV models
ofthis appiiance are treated certain
These.chemicais are notrarmful but may produce annoying smoke
Millivolt controlled heater: designed .to be operated, with optional
and as they;are. burned off during the initial operation of the `
headaches or eye or lung irritation..This
devices for ON/OFF functions
' Wall switch or thermostat with wire
'Wall
appliance; possibly causing
Hand held remote control with ON/OFF switch or thermostat.
is a normal and temporary, occurrence.:
The. irntial break-in operation should last 2-3 ,hours with t#ie`bumer
Handle the gaslogburner assembly by the grate and legs only.
at••the highest setting Provide maximum ventilation by opening
windows or.doorslb allow'odors to'dissipate: Any odors remammg;
Do not.pickthe.unit up by.tbe burner
Gloves are recommended when handlrng:logs`to preventskin.
after this initial break -m period wilbbe'slight and will disappear with ,
irritation. Logs are fragile = Handie.with care
continued use.
This appliance must not be used with. glass doors in the,. closed
severe sooting outside
Qualified Installing Agency
equip -
:, equipment shall be
ng
position. This can lead to pilot outages and
mentllorlaccessor es and repair and servic of
The term "qualified agency"
the fireplace.
Do not use this room heater if any part has been under water:
erformed only by a qualified agency.
means any individual, firm, corporation, or company that either in
Immediately call a qualified service technician to inspect the room
person, or through a representative is engaged.in and is respon-
heater and replace any part of the control system and any gas
sible for (a) the installation, testing, or replacement of gas piping
repair, or servicing of
control which has been under water.
or (b) the connection, installation, testing,
f with all
NE E r
:, nw Mr,
C:� ]
This appliance is equipped for (natural
. . . . . . . . .
. propane)
I Th is ap
co - •
77
Before you get started
Carefully inspect the.contents for shipping.damage,,. If any parts are
missing or damaged, immediately inform the dealer from whom you
purchased the. appliance, Do. not attempt to install any part of the,.
appliance unless you have all parts in good condition.
equipment; that is experienced in such work; that is fame iar
precautions required, and that has complied with all the
requirements of the authority having jurisdiction.
State of Massachusetts,: The installation must be made
by a licensed plumber or gas fitter in the Commonwealth of
Massachusetts.
Sellers of unvented propane or natural gas-fired supplemental
room heaters shall provide to each purchaser a copy of 527
CMR -30 upon sale of the unit.
The installation must conform with local codes or, in the absence of
local codes, with the National Fuel Gas Code, ANSI 2223.1."
'Available from the American National Standards Institute, Inc. 11
West 42nd St., New York, N.Y 10018.
High Altitudes: For altitudes/elevation above 2,000 feet ratings
should be reduced at the rate of 4 percent for each 1,000 feet above
sea level. Contact the manufacturer.
Water vapor is a by-product of gas combustion. An unvented room
heater produces approximately one (1) ounce (30ml) of water for
every 1,000 BTU's (.31<W's) of gas input per hour.
Unvented room heater: must be used as supplemental heat (a
room) rather than a primary heat source (an entire house). In most
supplemental heat applications, the water vapor does not create a
problem. In most applications, the water vapor enhances the low
humidity atmosphere experienced during cold weather.
Paoe 8
The following sreps will � N
become a problem.
1. Be sure the heater is sized properly for the application, including
ample combustion air and circulation air.
2. If high humidity is experienced, a dehumidifier may be used to
help lower the water vapor content of the air.
3. Do not use an unvented room heater as the primary heat source
(an entire house).
26333-5-1012
This heater shall not be installed in a confined space unless proviswna o woER
are provided for adequate combustion and ventilation air.
A confined space is an area with volume less than 50 cubic feet per 1,000
Btuh of the combined input rates of all appliances drawing combustion FIREPLACE-,
h s e ui ment rooms are confined
air from that space. Small areas suc a q . p
-spaces-�r-r� ees-insta++ems+-ate
to areas outside the space must draw return air from outside the space
ducts. A confined space must have 2
through tightly sealed return air
openings into the space for combustion air. One opening must be within
12 of, the
�.
12 inches of the ceiling and the other must be within -inches
H
floor. The required sizing of these openings is determined. by whether .
by which
inside of outside air is used.to suoport combustion, the method
or horizontal duct) and by the
the air is brought to the.space (vertical
total input rete,.of.all appliances in the space.
Unusually.Tight Construction
The.airthat leaks around doors and windows may provide enough fresh
a{r,forI combustion and ventilation. However, .in buildings of unusually
tight construction,, you must provide additional fresh air.
"construction is` defined as construction
Example of Large Room with 1/2 Wall divider.
unusually tight
Figure 1
where:_
a Walls and ceilings exposed -to the outside atmosphere have a '
to me the maximum heater
Theformula can bnconfiaed
continuous water vapor retarder with a rating of one perm or.
i ng perJthe definition of uind
space.
less with openings gasketed or sealed; and
b.. WeatherstripPmg.has been added on openable windows and
(L + LZ)FTx (W)FT x (H)FT x 1000
doors, and
c. 'Caul king or sealants are applied to areas such asjoints around.
be
Btu/Hr =
50
be is smaller than that defined
window and door frames, between sole plates and floors,
between wall panels, atpenetrationsfor
If the area in which the heater may operated
an unconfined space, provide adequate combustion and ventilation
tween wall -ceiling joints,
plumbing, elec{tical, and gas lines, and at other openings:
as
air by one of the methods described in the National Fuel Gas Code,
If your home meets all of the three criteria above, you must provide
ANSI Z223.1, NFPA54.
the latest edition of THE
additional fresh air.
�,�
Adhere to all codes, or in their. absence.,
NATIONAL FUEL GAS CODE ANSI Z223.1/NFPA54 which can be
pR�`�r�" °°' -
If the area in which the heater may be operated is smaller than that
obtained from:
American National Standards InstituteNational.Fire Protection Associa
defined.as an unconfined space or if the building is of unusually tight
and ventilation air by
tion, Inc. Batterymarch Park
11 West 42nd St.
construction, provide adequate combustion
'b j ' the National Fuel Gas Code, ANSI
New York, NY 10018 Quincy, MA 02269
one of the methods descri ec {n licable
2223.1/NEPA 54, Air for Combustion and Ventilation, ion, or app i
............. .
local codes.'
Minimum Dimensions or ;olid Fuel Burning Fireplaces UL127
Factory Built Fireplaces (Figure 2)
Model A B C D
4
�`'
VFSR 16 18"11 1/2 24 18
ams , 7=1210
Ula.S11s18��6�,��',.,..'.+�*`'�1���.`�.r��,w,��ryR'`�:L�,•�„1a;+`�.�„a�=",�`.
ray,?,ut�•�;en�a�:"-�'��u�r�1s� � 17.,
VFSR 18 17" 14 28
T."ip .
,�+wwcuc-M '��"i '�'� "'�. �✓ . �a +S' {'! M. 7 I-h�,.!"yk
V:FSM�8"�1rmn�5F8�;s ,usa
w•a�`mm t sz s sixLL
VFSV 24 23"14 30 18
N,
.
��0, a30' bSw 1t8t�_
VFSM 24 27 14 34" 8 R Y
Asa �t 14x2�� �?4x 20
VFSU 301, �;t 2.6� �,
VFSR 30 26 14 34 20
anti g, 14 z,8r� M
The dimensions shown and defined in the fireplace manufacturer's
instructions are minimum clearances to maintain in installing this
heater. Left and right clearances are determined when facing the
front of the heater.
26333 -5 -1012 ---.-----
Glass Doors
Make sure that glass doors are open during all operations of
the logset. The opening of the glass door frame should be the
Follow these instructions to ensure safe installation.
Failure to follow instructions exactly can create a fire hazard.
Y
Figure 2
Page 9
w
Sidewall & Ceiling Clearances (Figure 3)
Mantel Clearances with Hood (Figure s)
6„ You must have non-combustible,materials. above the fireplace
opening. Non-combustible material must extend at least 8" above
fireplace opening. With sheet metal, you must have non combustible
material behind it.la
.
Heat resistamust be at. least.
nt materialssuch ass te
houfd not beinstal edlonto combustible,
thick. Sheet me
Figure 3 n
mate 'al
The sides of the fireplace opening must be 6" from any combustible Examp
le: A mantel may protect from the walla maximum of 2" at a
for the 16" log) and 41!' (for. minimum of 13-1/2' above`the opening, arid a maximum of 6" a a'
wall The ceiling must be at least 36" ( minimum of 15" above the opening
18 24" and 30" logs) from the fireplace opening.,
8" Mantel
Mantel. Clearances Without Hood (Figure 4
g ) 4• Mantel
You must have non-combustible materials above the fireplace Mantel
opening. Non-combustible material must extend at least 12""above 2•' Mantel
HEAT RESISTANT
fireplace opening. With sheet metal; you must have non-combustible MATERIAL 16.0'
_T
material behind it. s" WITH Hoot 1425°
Heat resistant materials such as slate and marble must be at least
112" thick. Sheet metal tshould not be installed onto combustible
material. , I
HEAT RESIST/
MATERIAL.: - .
10" and less viante
HEATER IN FIREPLACE
OR FIREBOX
Figure 4
If your installation does not meet the above clearances, you must
proceed to one of the following steps:
• Use a hood damer open. See page 11 for
Operate the heater with flueiancep p
Installing as a Vented App
• Raise the mantel to the proper height.
Remove the mantel.
�— HOOD
HEATER IN
Af"— FIREPLACE
OR FIREBOX
Figure 5
If your installation does not meet the above minimum clearances,
you must proceed to one of the following steps!
Operate the heater with the fluemiler open. See page 11
for Installing as a Vented App) a
• Raise the mantel to the proper height.
• Remove the mantel.
Floor Clearance (Figure 6)
if installing heater at floor level, the minimum distance to combus-
tibles is "0" inches.
HEATER IN FIREPLACE
OR FIREBOX
COMBUSTIBLE
MATERIAL
Figure 6
26333-S-1012
• Turn off gas supply to fireplace or firebox. FOR MASONRY BUILT FIREPLActS
Have the fireplace floor and chimney professionally cleaned to FREE OPENING AREA OF CHIMNEY DAMPER FOR VENTING
remove ashes, soot, creosote or other obstructions. Have this COMBUSTION PRODUCTS FROM DECORATIVE APPLIANCES
cleaning performed annually after installation. FOR INSTALLATION IN SOLID FUEL BURNING FIREPLACES
• Seal any fresh air vents or ash clean-out doors located on floor
or wall of fireplace. If not, drafting may cause pilot outage or
sooting. Use a heat -resistant sealant. Do riot seal chimney flue
damper.
Install and operate the appliance as directed in this manual.
FOR FACTORY BUILT FIREPLACES
FREE OPENING AREA OF CHIMNEY DAMPER FOR VENTING
COMBUSTION PRODUCT'S FROM DECORATIVE APPLIANCES
GnR rAISTAI I nTIr)N IN SOLID FUEL BURNING FIREPLACES
Height is from hearth to top of chimney and the minimum neignt
is 10 feet.
** Chart shows minimum opening (sq. in_) for given height and
input rate.
26333-5-1012
Appliance Input Rate.(BTU/hr)
20. 30 40
Chimney
Height* (ft)
Minimum Opening**.(sq. in.).
10
11.3 16.6 22.1
15
8.6 12.6 17.3
20
7.5 10.8 14.5
25
6.6 9.6 12.6
30
6.2 9.1 11.3
35
5.7 8.0 10.8
40
5.3 7.5 10.2
Height is from hearth to top of chimney and the minimum neignt
is 10 feet.
** Chart shows minimum opening (sq. in_) for given height and
input rate.
26333-5-1012
* Height is from hearth to top of chimney ano the minimum llclyl Il
is 6 feet.
* Chart shows minimum opening (sq. in.) for given height and
input rate.
Page 11
Appliance input Rate (BTU/hr)
20 30. 40
Chimney
Height* (ft) -
Minimum Opening"*
(sq. in.)
6
17.6 25.7
33.8
8
16.5 23.7 _
31.2
10
15.1 21.7
28.7
15
14.1 19.9
26.1
2012.9
18.5
23.7
30
12:2 1.6.9
21.6 .
* Height is from hearth to top of chimney ano the minimum llclyl Il
is 6 feet.
* Chart shows minimum opening (sq. in.) for given height and
input rate.
Page 11
Notice: (Damper Clamp Installation)
When installing your log set as a vented installation the
damper clamp must be used.
DAMPER CLAMP J
When installing your log set as a vent -free installation the
damper clamp can be used to eliminate the potential for odors
when burning the logs for the first time.
Installing Damper Clamp (Figure 9)
Remove all ashes or other debris from the fireplace. If the.
fireplaceis equipped with an ash dump be sure to seal the
door with furnacecement or high temperature silicone. Be
sure .to check the damper for proper operation and verify that
the flue passageway is open.
Place the clamp over the lip of the damper and tighten the
hold.down bolt until the clamp is.securely attached to the
damper. This will prevent` the damper from accidentally
closing.
Manual and millivolt controlled gas logs may be installed as
a vented decorative log set in compliance with ANSI Z21.60
and National Fuel.Gas Code. When the gas logs..are oper-
ated with the. damper open, non-combustible material and
.minimum mantel requireme.nts.do, riot apply.
• Turn off thegas supply to the fireplace or firebox. Assembly Procedure: (Figure. 10)
• Seal any fresh air vents and/or ash clean-out doors 1. Center the gas log unit in the fireplace or firebox. Make
located on the floor or wall of the fireplace. If left un- certain the front feet of the grate sit in the front edge
sealed, drafting may cause pilot outage or sooting. Use of the fireplace or firebox.
a heat resistant sealant. Do not seal the chimney flue 2. An anchor hole is provided in the two bottom side mem-
damper. bers of the grate frame. After centering the grate correctly,
mark the hole positions on the fireplace/firebox floor:
Before installing in a solid fuel burning fireplace, the chimney Drill two..(2) 5/32" diameter, holes approximately 1.-1/2"
flue and firebox. must be cleaned of soot, creosote, ashes deep for masonry screws or 1/8 hole.for sheet metal
and loose. paint by a qualified chimney cleaner. screws:`
You must secure the gas log heater to the fireplace 3. Anchor the grate to the fireplace/firebox floor using the
floor. If not, the entire unit may move when you adjust screws provided.. Refer to Figure 10-
the controls. Movement of unit may cause shifting
Proper installation of the grate is essential to prevent any
of the gas logs which leads to sooting and improper
movement of the gas logs and controls during opera
burning. Grate movement could cause a gas leak. -
Special care is required if you are installing the unit
tion.
into a sunken fireplace. You must raise the fireplace
floor to allow access to gas log controls..This.will.
insure adequate air flow and guard against.sooting.
Raise the fireplace floor using noncombustible
materials.
ANCHOR SCREWS
Figure 10
26333-5-1012
Page 12
--
Check all local codes for requirements, especially for the size —GAS SUPPLY 3/8 NPT
and type of gas supply line required. NIPPLE
/—TEE HANDLE
Recommended Gas Pipe Diameter
Pipe Length Schedule 40 Pipe Tubing, Type L
Inside Diameter Outside Diameter
Nat. L.P. Nat. L. P. / -
LFIARE•SHUr OFF VALVE FLARE FIii1NG
0-10 feet 1/2" 3/8" 112" 3%8"
0-3 meters 12.7mm. 9.5mm 12.7mm-40-feet
10 40 -feet 1/2" 1/2 1/2" RIGID GAS LINE CONNECTION
4-12 meters 12.7mm 12.7mm 15.9mm 12.7mm CLOSE NIPPLE 3/8 NPT NIPPLE
40-100 feet 1/2" 1/2". 3/4" 112" TEE HANDLE
13-30 meters 12.7mm 12.7mm 19mm 12.7mm e
100-150 feet 3/4" 1/2" 768" - -
31-46 meters 19mm 12.7mm 22.2mm 31
19m 4"
m
..SHUT
OFF VALVE. .
NOfice: Never use plastic pipe. Check t0 Confirm WhetheL NPi GAS SUPPLY NPT UNION.
your local codes allow copper tubing or galvanized. Figure .11
Notice Since some municipalities have additional local
codes, it is always best to. consult your local authority and The use of the following gas connectors is recommended.
installation code. — ANS 721.24 Appliance Connectors of Corrugated Metal
Tubing and Fittings
Installing a New Main Gas Cock ANS 221.45 Assembled Flexible: Appliance Connectors
Each appliance should have its own' manual gas cock. of Other Than All
Construction
A manual main gas cock should be located in the vicinity of
rs may be.
ed if
le
y the
the unit
Where none exists,, orwhere its size or location isnot
. The above cornneur�sdic on. Thesstate ofcMassachbusetts
adequate; contact your local authorized installer for instal- requoes that a flexible appliance connector cannot exceed
lation or relocation. three feet in length.
Compounds used on threaded joints of gas piping shall be Pressure Testing of the Gas Supply System'
resistant to the action of liquefied petroleum gases. The gase to gas
lines must be checked for leaks by the installer. This should 1. T3 1 heck the
N.F.T. inlet plpressurtappinge1
. a cess ble for. tevalve, a st.
be .done with a soap solution watching for bubbles on all. (au e connection, mustbe placed immediately upstream
exposed connections, and if unexposed, a pressure test of the .gas supply connection to the appliance.
should be made. 2. The appliance and its individual shutoff valve must be.
Never use an exposed flame to check for leaks. Appli- disconnected from the gas supply piping system during
ance must be disconnected from piping at inlet of control any pressure testing of.that system.at test pressures in
valve and pipe capped or plugged for pressure test: excess of 1/2 psig (3.5 kPa).
Never pressure test with appliance connected; control 3 The appliance must be isolated from the gas supply
valve will sustain damage! piping system by closing its individual manual shutoff
A gas valve and ground joint union should be installed in the
valve during any pressure testing ofthe gas supply piping
gas line upstream of the cant control to aid in servicing. It is System at test pressures equal to or less than 1/2 psig
required by the National =uel Gas Code that a drip line be (3.5 kPa).
installed near the gas inlE�t. This should consist of a vertical Attention! If one of the procedures results in. pressures in
length of pipe tee connected into the gas line that is capped excess of 1/2 psig (14" w.c.) (3.5 kPa) on the appliance gas
on the bottom in which condensation and foreign particles valve, it will result in a hazardous condition.
may collect.
Page 13
26333-5-1012
Placement of the glowing embers (rock wool) is very indi-
vidual and light coverage will provide your best effects. We
recommend separation of the rock wool by hand and make
Place just enough embers on the burner to obtain theglow.
and a gold, yellow flame.
Do not place embers (rock wool) over large ports in .rear
portion of burner..
Rock wool should not be placed in the area.of.the pilot as=
sembly.. must be
Replacement of loose material (glowing embers)
purchased from Empire.Comfort Systems, Inc. Application
of excess. loose material (glowing embers) may _adversely
affect performance of the heater..:..
® WARNING: All previously applied loose material must be
removed prior to reapplication.
Refer to Parts List, Page 21 to order loose material (rock
wool).
Placing -Lava Rock in .Front of Burner on Fireplace
Spread lava rocks on fireplace floor in front of the burner pan. .
The lava rocks are for decorative effect and are not required
for fireplace operation. .
ATTENTION: DO NOT.PLACE LAVA ROCKS ON
BURNER,, LOGS OR ROCK WOOL. THE LAVA ROCKS
SHOULD ONLY BE. PLACED 'bN THE FIREPLACE
FLOOR..
Flames from the pilot (rear right back side of.the pan burner)
as well as the main .flarne .should be visually checked as the
log set is installed.
In normal operation at full rate after uto I
flame'sutes, the
flame appearance should be sets of Yellow
Notice: All flames:will be random by design, flame height will
go up and down.
Glowing embers (rock wool) can cover the pan burner in
between the.front and middle logs, but very little is necessary'
to cover this area. Excess ember matestringy.
Al causes
just enough to
flame to become orange and stringy. PP Y I
obtain slow glow and a gold yellow flame.
Avoid .any drafts that alter burner flame patterns. Do not
allow fans to blow directly into fireplace. Do not place a
blower inside the burner area °reSootingCeiling
nd improper
create drafts that alter.flame pattens
burning will result. in various
During manufacturing, fabricating and shipp 9
components of this appliance are treated with certain oils,
films or bonding agents. These chemicals are not harmful,
but may produce annoying smoke and smells as they
ae,
burned off during the initial operation of eaThis i,
possibly causing headaches ore e or lung irritation.
a normal and temporary occurrence.
The initial break-in operation should last 2-3 hours with the
burner at the highest setting. Provide maximum ventilation
by opening windows, or doors to allow odors to dissipate. Any
odors remaining after this initial break-in will be slight and
will disappear with continued use.
Variable - Figure 13
Millivolt - Figure 14
Manual - Figure 15
26333-5-1012
FOR YOUR SAFETY READ BEFORE LIGHTING._
TW7A. NG: If you do not follow these instructions exactly, a fire: or explosion may
result causing -property damage, -personal injury or -loss of life
If you cannot reach, your gas; supplier, call the fire
q: This appliance has a pilot which must be lighted by department.
hand. When lighting the pilot; follow these instructions
exactly. C. Use only your hand to push in or turn the gas control
knob. Never use tools IfAhe knob will not push in or
B. BEFORE -LIGHTING smell all.around the appliance area turn by hand, don't try to repair it; call a qualified: service;.
for gas. Be sure to smell next to the floor because some technician. Force or attempted repair.may.result in a fire.
gas is heavier than air, and will settle on the floor. or explosion..
WHAT TO DO IF YOU SMELL GAS D. Do not usethis appliance if any.part has been underwater.
• Do not. try. to light tiny appliance.
Immediately call. a qualified service technician to inspect
Do not touch any electrical switch; the appliance and to replaceanypartofthe controlsystem
do not use any phone in your building. and any gas control which has been under water
• Immediately call your gas supplierfrom a neighbor's
phone. Follow the gas supplier's instructions.
LIGHTING'INSTRUCTIONS'
Notice: For easy access to valve for lighting pilot, remove branch.
log and middle log from burrer assembly before lighting.
1. STOP! Read the safety information label.
2. Make sure the manual shutoff valve is fully open..
3. This gas log set is equipped with an ignition device (piezo)
which lights the .pilot. if piezo ignitor does not light the pilot,
refer to Step 7.
,_� to the "OFF" posi-
4. Turn gas control knob ciockwise
tion, set the thermostat to the lowest setting and turn ON/OFF
switch to OFF position.
5. Wait ten (10) minutes to clear out any gas. Then smell for gas,
including near the floor. If you smell gas STOP! Follow "B" in
the safety information label. if you do not smell.gas, go to the
next step.
6. From OFF position, turn the gas control knob counterclockwise
to "Pilot,, position. Push in -and hold control. knob. for
5 seconds. THERMOPILEP I L O T
--� �
THERMOCOUPLE
( LPG )
THERMOCOUPLE
(NATURAL)
7. With the control knob pushed in, repeatedly push the piezo
ignitor button until pilot is lit (or use a match to light pilot).
8. Continue pushing the con. trol knob in for a further bu seconds
to prevent the flame detector from shutting off the.gas while
the probe is warming up. Release the control knob.
g: Turn gas control knob counterclockwise to the "ON"
position.
10. After the pilot has been lit for one minute, the burner can be
turned on. Turn the ON/OFF switch to "ON" position or adjust
thermostat to desired setting.
rn
11. If the gas logs will
liancnot
e"operate,
call your ervice technician e instructions Tor gas
off Gas To App
supplier.
Wait 30 seconds before readjusting the heater when the control
knob has been.turned down to a lower setting.
,2 /-� _—PIEZOIGNITOR.
CONTI
KNOB
HI 1.1
REGULATOR
TO TURN OFF GAS TO APPLIANCE
if applicable: Turn ONIOFF switch to OFF position and/or set
thermostat (if present) to lowest setting. If applicable: Turn off
all electric power to the heater.
Turn control knob ciockwise
completely shut off the heater.
26333-5-1012
to OFF position to
2
Page 15
w
FOR YOUR SAFETY READ BEFORE -LIGHTING
A WARNING: If you do not follow these instructions exactly, a fere ss o gxploslon may
result causing: property.
damage; p.erson.a[.Lnj.ury or, o
If ou:cannot reach your gas supplier, call the fire
A. This appliance hail a pilot which must be lighted by ' y
hand. When lighting the pilot; follow these instructions department.
exactly.
C. Use only your Hand to •push in or turn the gas control
Bance area knob: Never use tools If ..the knob. will not push m or
B. BEFORE LIGHTING smelt all around the app turn by hand, don't try to repair it; call a qualified.`service
for gas. Be to smell next to the floor because some technician. Force.or attempted repair may result in a fire
gas is heavier than air and will settle on the floor. or explosion.
WHAT TO DO IF YOU SMELL GAS D, Do notusethisapptian.ceifanyparthasbeenunderwater.
not to li ht` any appliance. l calla ual.ified service technician to inspect
• Do try 9 ,Immediate y q
tem
Do not touch ,any electrical switch;
• the appliance and to rep{ace any part ofthe contro sys
do not use any, phone in -your building._,_
• Immediately call your gas supplier from a neighbor's and any gas control which has been under water.
phone. Follow the gas supplier's instructions.
LIGHTING. 1=NSTRU.CTIONS
• : �o
for lighting pilot, remove branch
will back up.
minute, after pilot is lit. Release knob and it pop
If it out, repeat steps 2 through
Notice: For easy access to valve
Pilot should remain. lit. goes.
log and middle log from burner
assembly before lighting. , i
7
If the knob. does not pop out when released, stop
1. STOP! Read the safety
and immediately call your service technician or gas
information.
2. Push in gas control knob ° d'
GAS FLOW ADJUSTMENT
supplier.
If the pilot will not stay lit after several tries, turn the gas
knob to OFF and call your service technician.
slightly and turn clockwise § KNOB SHOWN IN"OFF'
the "OFF" 8.
control
Attention! Gas control has an INTERLOCK latching device.
is
to PosiTioN.
position. Do hot fcrce. �g
i
When the pilot is initially lit and the safety magnet
the INTERLOCK latching device
3. Turn gas flow adjus�yt e GAS CONTROL KNOB
SHOWN w ^OFF^
ener ized pilot stays on )
g (
becomes operative. If the gas control is turned to the "OFF"
knob clockwise -
either manually or with POS1TiON.
position or gas::.flow .to the appliance is shut off, the pilot
magnet is de -energized
remote control to "OFF"- THERMOCOUPLE
cannot be relighted until the safety
60 seconds). There will .be, an audible "click"
4. Wait ten, (10) minutes to
Then ( LPG)
(approximately
when he safety magnet in the gas control is de -energized.
gas.
out an I
clear o Y_ T
PILO
smell for gas, including near _ _ THERMOCOUPLE
through 7.
Pilot can now be relighted: Repeat steps 9
�� to "ON".
the floor. If you smell gas (NATURAL) 9.
STOP! Follow "B" in the -__ ° 10.
Turn gas control knob counterclockwise
Turn gas flow adjustment knob counterclockwise
control between "OFF" and
safety information. If you do °
either manually or with remote
"ON" to adjust flame height.
not smell gas, go to the next -_ _ _ _------_
step.
5. Find pilot - the pilot is attached
to rear of burner. to "IGN".
6. Turn gas knob counterclockwise
knob counterclockwise
7. Depress and turn gas control
ed when as control knob is
spark is produced 9
to "PILOT". A i p
depress and
turned between "IGN" and PILOT". Repeatedly de P
turn gas control knob between "IGN" and PILOT" until pilot is
knob in for about one (1)
ignited. Continue! to hold the control
TO TURN OFF GAS
TO APPLIANCE
�� 2.
Push in gas control knob slightly and turn clockwise
1. Turn gas flow adjustment knob clockwise either
"OFF".
to "OFF". Do not force. _..
manually or with remote control to
26333-5-1012
V . f
FOF; YOUR SAFETY READ BEFORE LaGHTtNG :.
WARNING: If you do not follow these instructions exactly, a fire or explosion may
ert damage, ersona inj.u.ry or oss of Life.
resuli causing prop Y 9. P
department:.;
A.. This .appliance :has: a pilot which must be, lighted by our hand to push. in or turn the .gas control.
hand. When lighting the pilot, follow these .instructions, ._ C.. .Use only y
knob. Never use tools._If;the knob will not push in or
exactly. appliance area turn by hand, don't try to repair.it; call a, qualified service
B..' BEFORE LIGHTING smell all around the app technician. Force or attempted repair may result in afire,
for gas. Be sure to smell next to the floor because some or explosion.
gas, is heavier than air and will settle on the floor.
WHAT TO DO IF YOU SMELL GAS D. Do not usethis appliance if any hasbeen underwater
appliance. Immediately calla qualified -service. technician to inspect
Do not try to light any app the applianceandto,replace:anypartofthecontrolsystern
h any electrical switch;-
hone - and -any gas control-which_.has been .under water
do not use, any phone in your building.
Immediately call yo gas supplier from a neighbor's
phone; Follow the gas supplier's in ucc'all the fire "
If you cannot reach your gas supplier,
I
® LIGHTING- INS.TRUCTI ONS
1 STOP!* the safety information. 7. With the control knob pushed im pzo
ush and release the Pi"ehe
ignitor button to light the ODS pilot. The pilot is located on the
2.. Make sure the manual Shutoff valve is fully open. right year side of the heater, be
the middle log and in front
3. This heater is equippec with an ignition device (piezo) which of rear log. If piezo ignitor does not light the pilot, refer to
automatically lights the pilot. "Match Lighting Instructions". PILOT
4. Refer to Figure 15 for the location of the piezo ignitor and THERMOCOUPLE
control knob. Push in gas control knob slightly and turn THERMOCOUPLE i NATURAL )
control knob clockwise ---" to the OFF position. c LPG J
NOTE: Knob cannot be! turned to OFF unless knob is pushed o
in slightly. Do not force.
p-
CONTROL Y.N06 INDICATORC) I O
—GAS CONTROL KNOB L
SHOWN IN "OFF' POSITON
5. Wait ten (10) minutes to clear out any gas. Then smell for g Hold the control knob.in for an additional 10 seconds to prevent
gas, including near the floor. If you smell gas STOP! Follow the ODS pilot.fromshutting. off the gas while the thermocouple..
the instructions under 'What To Do If You Smell Gas". If you is warming up.
do not smell gas, go to the next step. 9.. Release the control knob.
6. From OFF position, push in gas control knob slightly and turn. If the knob does not pop out when released, stop and
counterclockwise '�� to the PILOT position. Push in and immediately call your service technician or gas supplier.
hold control knob for 5 seconds. If the ODS pilot will not stay lit after several tries, .push and
NOTE: If you are running the heater for the first time, it will turn the gas control knob clockwise
to OFF and wait
be necessary to press in the. control knob for 30 seconds to
15 seconds. Repeat steps 6 through 9
allow air to bleed out of the gas piping. 10. Push in control knob and turn to desired setting (1, 2, 3). The
control knob must be set at either the low or high position,
and the control knob will pop out when positioned correctly.
Do not set the control knob at a position between pilot (1, 2,
3):
j' TO TURN OFF GAS TO APPLIANCE
1. Turn control knob clockwise
�to OFF position to
completely shut off the heater.
Page 17
26333,-5-1012
v
the
correct pilot flame pattern. The correct 2. Blow air pressure
out foreign
materials such indicated
s dust, lint nt and spider,
y the arrows
Figures 16 and 19 show a P This will blownut A.
flame will, be blue and Will Extend. beyond the thermocouple. The webs: Ti hten nut<B also by grasping
flame will surround the the,-mocouple just below "the tip': A slight g
yellow flame .may occur where. the pilot flame and, main burner
flame meet. Figures an s ow an mcorrec
The incor.rect,pilot.flame is.riot touching the thermocouple This will
cause the thermocouple to cool. When the thermocouple cools the' \
heater will shut down. . (
B A
I�
FSR PILOT
V PILOT
THERMOPILE
Figure:.18: .
j %�%� VFSV. AND VFSM PILOT
O PILO i
THERMOCOUPLE
THERMOCOUPLE
(LPG) (NATURAL)
Correa pilot flame pattern.
Figure 16
I htFtriu�,uur (NATURAL)
(LPG)
Incorrect pilot flame pattern.
Figure 17
If pilot flame pattern is incorrect, as shown in Figure 17
• See Troubleshooting, page 21.
Cleaning and Maintenance/Pilot
oxygen Depletion Sensor Pilot (Figure 18 )
When the pilot has a large yellow tip flame, clean the Oxygen
Depletion Sensor as follows:
1. Clean the ODS pilot by loosening nut B from the
h pilot o tubiend.
When this procedure is required, grasp
nut A wrench.
OI I � 11 IN70
THERMOCOUPLES THERMOCOUPLE
(LPG) (NATURAL)
Correct Pilot Flame Pattern
Figure 19
HtImltu�uu ( NATURAL )
LPG )
Incorrect Pilot Flame Pattern
Figure 20
If pilot flame pattern is incorrect, as shown in Figure 20
• See Troubleshooting, page 21.
26333-5-1012
Cleaning and Maintenance/Pi lot
Oxygen Depletion Sensor Pilot (Figure 21)
When the pilot has .a large yellow tip flame, clean the Oxygen Never. use needles, .wires; or: similar a cla+orated bubytthat
Depletion S
c f Ilrn� s d-darriagt g-th -
1. Clean the ODS. pilot by loosening nut B from the pilot tubing. controls the gas flow.
. When this procedure is required, grasp nut Awith an open end
wrench.
2. Blow.air pressure through the holes indicated by the, arrows e
This will. blowout foreign materials such as dust, lint and spider III
webs. Tighten nut B also by grasping nut A.
Figure 21
Annual inspection and cleaning by your dealer or
qualified service technician is recommended to prevent
malfunction and/or sooting.
TURN OFF HEATER AND ALLOW TO COOL BEFORE
CLEANING.
Remove logs, handling carefully by holding gently at each
end. Gloves are recommended to prevent skin irritation from
ceramic fibers. If skin becomes irritated, wash gently
th
soap and water. Refer to manual for correct log pi . ac
PERIODIC CLEANING — Refer to parts diagram for
location of items discussed below.
• Do not use cleaning fluid to clean logs or any part of
heater.
• Logs - brush with soft bristle brush or vacuum with brush
attachment.
• Remove loose particles and dust from the burner areas,
controls, piezo covers and grate. Don't remove media
from inside burner box.
• Inspect and clean burner air intake hole. Remove lint or
particles with brush. Failure to keep air intake hole clean
will result in sooting and poor combustion. .
26333-5-1012
ANNUAL I.LCHrvnvwu.v. �.-
diagram for location of items discussed below.
• Inspect and clean burner air intake hole. Remove lint or
particles with vacuum or brush. Failure to keep air intake
hole clean will result in sooting and poor combustion.
• Inspect and clean all burner ports..
• Inspect ODS pilot for operation and accumulation of lint
at air intake holes;
• Verify flame pattern and log placement for proper
operation.
• Verify smooth and responsive ignition,of main burner.
• Check level of ceramic media in burner. Burner should
be full, up to the level of openings in burner top.
Page 19
optional compullc U1. — --
IF'ACULTATI-VE'') THERMOSTAT..
Check System Operation
Millivolt system and all individual components may be checked with
M\/ range. ( OPTIONAL) REMOTE CONTROL RECEIVER -';
a millivolt' meter 0 1000 g ( FACULTATIVE) CONTROLE .� DISTANCE
ii.. 1.
PTEURECE
Remote Receiver -VFSR-(16, 18, 24, 30) DU R
Use the following steps to place the remote receiver adjacent to i
he va:
t gas lveOFF/ON SWITCH
Attention: OUVERT/FERME INTERRUPTEUR
e
iver can not be placed behind the gas valve
1 The remote rec
andburnerassembf oFF= BLACK:NDIR
Y•:
2 Wheh facing theappl(ahce the remotE4ecelver must be.placed; T;HERrlocouPLE oN BLACY .,.NOIR
to the right afahe gaci.valve and burner assembly (LPG),
tHERMOPILE
'Notice: DO not let remote: Control receiver come in contact with THERMOCOUPLE. a
burner assembly. ( NATURAL) o'® m oH, t
On circulating vent -free firebox, install remote control receiver o (9 J
behind bottom louver.
Refer to remote control installation and operating instructions for IF ANY OF THE DRIGIDNAL WIRE AS SUPPLIED WITH THIS UNIT MUST BE
re details On remote control. D WITH NO. IS, 150'C WIRE OR ITS
m0 T BE REPLACE
REPLACED. ]T MUS
750 Millivolt System EOUIVALENT.
When you ignite the pilot, .the thermocouple produces millivolts
(electrical current) which energizes the magnet in the gas valve. Figure 22
After 30 seconds to 1 minute time period you can release the gas
control knob and the pilot will stay ON. Allow your pilot flame to
operate an additional one (1) to two (2) minutes, before you turn the VFSV Wiring Diagram (Figure 23)
gas control knob from the PILOT position to the ON position. This
time period allows the millivolts (electrical current) to buildup to a 9 VFSV MODEL
rate properly. WIRING DIAGRAM
e Y
o P
control to P
in
the as co P
sufficient level allowing 9 _
Millivolt Control i
The valve regulator controls the burner pressure which should be c
checked at the pressure test point. Turn captured screw counter moa
clockwise 2 or 3 turns and then place tubing to pressure gauge over gACKmED-3,6 TERMINAL
test point (Use test poin": "A" closest to control knob). After taking a BLACK- 1/4'TERMINAL
pressure reading, be sure and turn captured screw clockwise firmly
to re -seal. Do not over torque. Check for gas leaks. \ g ^
VFSR
Notice: (Wiring harness located in envelope)
Connect the 2 - 1/4" terminals onto the TH and TH/TP terminals
on valve. Place decorative log to right of the gas valve and burner
assembly. When connecting to remote receiver, cutoff 114" terminals
from wires attached to ON/OFF switch. Strip wires back about 1/4".
Connect stripped ends into remote receiver.
Page 20
4
Figure 23.
VFSV
Notice: (Wiring harness. located in envelope)
Connectblack/red 3/16"terminal wirefrom receiverto 3/16" terminal
on valve. Connect black 1/4" terminal -wire from receiver to 1/4"
terminal on valve. Install remote receiver cover over receiver when
receiver is installed into fireplace area. Locate receiver and cover to
the right and forward of valve. (Do not put receiver behind logs.)
26333-5-1012
1. When ignitor button is. pressed, there is no spark at ODS/
pilot.
a. Ignitor electrode positioned wrong - Replace pilot.
b. Ignitor electrode is broken - Replace pilot.
c. gni or e ec ro e.no connec e o igni or ca e - . econnect
ignitor.cable.
d. Ignitor cable pinched or wet. Keep ignitor cablesry -Free
ignitor cable if pinched,by any metal or tubing.
e. Broken ignitor cable - Replace ignitor cable.
f. Bad piezo ignitor - Replace piezo ignitor.
2. Appliance produces unwanted odors.
a. Appliance burning vapors from paint, hairspray, glues, etc.
- Ventilate room. Stop using odor causing products while
heater is running.
b. Gas leak Locate and correct all leaks.
3. Appliance shuts off during use. (Pilot and main burner are
off.)
a. Not enough fresh air is available -for ODS/pilot to operate -
Open window and/or door for ventilation.
b. Low line pressure - Contact local gas company.
c. ODS/pilot is partially clogged Clean ODS/pilot.
d. Defective.thermocouple.--Replace pilot.
4' Appliance shuts off:during use. (Pilot stays on.)
a Low line pressure =: Check Ii;ne 'pressure to the valve.
b. Defective thermopile Check pilot flame, check wire
connections, output should be a minimum of 325 millivolts
across. TH/TP and TP terminals with ON/OFF switch off.
5. Gas odor even when control knob is in OFF position.
a. Gas leak - Locate and correct all leaks.
b. Control valve defective - Replace control valve.
6. When ignitor button is.pressed, there is spark at ODS/pilot,
but no ignition.
a. Gas supply turned off or manual shutoff valve closed - Turn
on gas supply or open manual shutoff valve.
b. Control knob not ir; PILOT position - Turn control knob to
PILOT position.
c. Control knob not pressed in while in PILOT position - Press
incontrol-knob..whi e in:.PFLOT-:position.
d. Air in gas lines when installed -Continue holding down control
knob. Repeat igniting operation until air is removed.
e. ODS/pilot is clogged - Replace ODS/pilot assembly or get
it serviced.
g. Gas regulator setting is not correct - Replace gas
regulator.
7. ODS/pilot lights but flame goes out when control knob is
released.
a. Control knob not fully pressed in - Press in control knob
fully.
b. Control knob not pressed in long enough -After ODS/pilot
lights, keep control knob pressed in 30 seconds.
c. Manual Shutoff valve not fully open - Fully open manual
shutoff valve.
d. Thermocouple connection loose at control valve - Hand
tighten until snug, then tighten 1/4 turn more.
e. i bt am snot touchfng. thermocouple which allows
thermocouple to cool,, causing pilot flame to go out. This
problem could be caused by either low gas pressure or dirty or
partially clogged ODS/pilot - Contact local gas company.
f. Thermocouple damaged - Replace thermocouple.
h. Control valve damaged - Replace control valve.
8. Burner does not light after. O.DS/p.ilot,is fit.
a. Burner orifice clogged= Glean burner or. replace main burner
orifice.
b. Burner orifice diameter is too small. - Replace burner
orifice.
C. Inlet gas pressure', is too low -. Contact qualified service
person.
9. If burning at main b.urner.orifice occurs_ (a loud; roaring
blow torch noise).
a. You must turn off burnerassembly and contact a.qualified
service person
b_ ..Manifold pressure isaoo low -Contact local gas company:
c. Burnerorifice clogged = .Glean burner or replace burner.
orifice.
10. Logs appear to smoke after initial operation.
a. Vapors from paint or curing process of logs - Problem will
stop after a few hours of operation. Run the heater with the
damper open if you have one., or open a window for the first
few hours.
Log heater is intended to be smokeless. Turn OFF heater
and call qualified service person.
11. Heater produces a whistling noise when main burner is
lit.
a. Turning control knob to HIGH position when main burner is
cold - Turn control knob to LOW position and let warm up
for a minute.
b. Air in gas line - Operate burner until air is. removed from
line. Have gas line checked by.local gas company.
c. Dirty. or partially clogged burner orifice - Clean burner or
replace burner orifice.
12. No gas to pilot.
a. LP -regulator shut down due to inlet pressure too high -
Verify LP tank regulator is installed and set at 11" to 13"
w.c. Replace regulator on heater.
13. New Installation.
a. On VFSV Model variable does not operate -On is OFF/OFF
is ON -wires into the back of receiver are reversed.
If the gas quality is bad, your pilot may not stay lit, the burners may produce soot and the heater may backfire when lit. If the
gas quality or pressure is low, contact your local gas supplier immediately.
Page 21
26333-5-1012 --
G
Attention: When ofdering p�lrts, it is very important a pa
-I Index I Part No I Description
6
1 .
15425
REAR LOG SUPPORT (VFS(M;R,V)-16)
83623
1
-15426.
REAR LOG, SUPPORT (VFS(M,R,V)-18)
PILOT REGULATOR (NAT ONLY)
1
15427
REAR LOG SUPPORT (VFS(M,R,V)-24) -
10
1
15428
REAR LOG SUPPORT (VFS(M,R,V)-30)
20294
VALVE BRACKET
12
BURNER SUPPORT. - LEFT ..
GASVALVE - NAT
2
11376
(VFS(M,R,V)-(18,24,30))
19
2
11285
BURNER SUPPORT - LEFT (VFS(M,R,V)-16)
NS R5668 IGNITOR WIRE
3
P200
ORIFICE FITTING
INLET REGULATOR - NAT
4
P250`
ORIFICE LP (VFS(M,R,V)=18)
NS
4
P245
ORIFICE 7 LP.(VFS(M,R,V.)-24)
NS R5699 WIRE HARNESS
4
P265
ORIFICE- LP (VFS(M,R,V)-30)
VALVE
4
P204
ORIFICE - LP (VFS(R,V)-16)
NS
4 .
P244
ORIFICE.- NAT,(VFS(M,R,V)-24)
4
P256 ;.
ORIFICE,=.NAT (VFS(R,V)-16)' :..
4
P243
ORIFICE NAT (VFS(R",V)-18)''
4
P211
ORIFICE NAT (VFS(R,V)-30)
4
P203
ORIFICE - NAT (VF3M-18)
4
7209
ORIFICE -NAT (VFSM-30)
5
85675
AIR SHUTTER - LP
5
R5676
AIR SHUTTER - NAT
7
11833
PILOT SHIELD (NAT ONLY)
9
14035
BURNER ASSEMBLY (VFS(M,R,V) 24)
9
12348
BURNER ASSEMBLY (VFS(M,R,V)-16) LPG
9
12347
BURNER ASSEMBLY (VFS(M,R,V)-16) NAT
9
14033
BURNER ASSEMBLY (VFS(M,R,V)-18)
9
14087
: ; BURNER ASSEMB.LY.,(VFS(M,R,V)-30)
NS
12389
CERAMIC. MEDIA
DAMPER CLAMP (INCLUDED IN HARDWARE
NS
82809
PACKAGE}
NS
11788
DECORATIVE ROCK (2 REO'D)
NS
15998
ROCK WOOL (VFS(M,R,V)-16)
NS
15999
ROCK WOOL. (VFS(M,R,V)-18)
NS
15970
ROCk; WOOL (VFS(M,R,V)-24,30)_-
6
R3624
PILOT -NAT
6
83623
PILOT - LP
8
87063
PILOT REGULATOR (NAT ONLY)
10
26321
BURNER SUPPORT - RIGHT (16)
10
26291
BURNER SUPPORT -RIGHT (18,24,30)
11
20294
VALVE BRACKET
12
1 R10405
GASVALVE - NAT
6.,
Index..'Part No. Description
'PILOT - LP'
6
No.
A
PILOT ='.NAT
1.0
12 R10406 GAS'VAtVE"'•LP
. BURNER. -SUPPORT RIGHT
14
13 26304 PIEZO IGNITOR BRACKET
PIEZO IGNITOR
16
14 R9761 PI:EZO_IGMTOR .
CONTROL KNOB
17
NS 26331.. TUBING : VALVE TO PILOT : LPG.
VALVE BRACKET
18
:NS 26330 TUBING - VALVE-TO:PIL-OT REGULATOR - NAT.
GAS VALVE - LP
18
NS 14041 TUBING - PILOT REGULATOR TO. PILOT - NAT
GAS VALVE - NAT
19
....NS 26332 TUBING - VALVE.TO BURNER
COVER PLATE
20
NS R5668 IGNITOR WIRE
INLET REGULATOR - LP,
20
SWITCH LOG ASSEMBLY,,,(INCLUDESSWITCH
INLET REGULATOR - NAT
21
NS R5910 AND WIRE)
REGULATOR MOUNTING BRACKET
NS
NS R5757 OFF/ON:SW.ITCH -
IGNITOR WIRE
NS R5699 WIRE HARNESS
TUBING ASSEMBLY - INLET REGULATOR TO
6.,
6 R5170 PILOTLP
'PILOT - LP'
6
6 P5171- RI.LOT NAT
PILOT ='.NAT
1.0
8 R7068 PILOT REGULATOR (NAT ONLY)
. BURNER. -SUPPORT RIGHT
14
10 11333 BURNER SUPPORT - RIGHT (16):
PIEZO IGNITOR
16
10 11308 BURNER SUPPORT -RIGHT (18,24,30) .
CONTROL KNOB
17
15 85672 GAS VALVE NAT
VALVE BRACKET
18
15 R5673 GAS VALVE - LP
GAS VALVE - LP
18
NS 11335 TUBING -VALVE TO PILOT -LPG
GAS VALVE - NAT
19
NS 14040 TUBING - VALVE TO PILOT REGULATOR : NAT
COVER PLATE
20
NS 14041 TUBING - PILOT REGULATOR TO PILOT -'NAT'
INLET REGULATOR - LP,
20
NS 11291 TUBING - VALVE TO BURNER
INLET REGULATOR - NAT
21
NS 8-5797 .REMOTE KIT
REGULATOR MOUNTING BRACKET
6.,
R5170
'PILOT - LP'
6
R5171
PILOT ='.NAT
1.0
26291
. BURNER. -SUPPORT RIGHT
14
82313
PIEZO IGNITOR
16
R2783
CONTROL KNOB
17
15416
VALVE BRACKET
18
R4499
GAS VALVE - LP
18
R4495
GAS VALVE - NAT
19
15494
COVER PLATE
20
R2480
INLET REGULATOR - LP,
20
82479
INLET REGULATOR - NAT
21
15414
REGULATOR MOUNTING BRACKET
NS
85668
IGNITOR WIRE
TUBING ASSEMBLY - INLET REGULATOR TO
NS
15528
VALVE
NS
15529
TUBING -VALVE TO BURNER
NS
15530
TUBING -VALVE TO PILOT
USE ONLY MANUFP,CTURER'S REPLACEMENT PARTS. USE OF ANY OTHER PARTS COULD CAUSE INJURY OR DEATH.
26 333-5-1 01 2
O
9
26333-5-1012
Page 23
C
To Order Parts Under Warranty, please contact your local Empire dealer. See the dealer locator at www.empirecomfort.
r name and address, purchase date and serial number, and the
com. To provide warranty service, your deafer will need you
nature of the problem with the unit.
To Order Parts After the Warranty Period, please contact your dealer or one of the Master Parts Distributors Listed below.
This risk ch�gefrom'tir r e curren astrPaYCs b�rtton a.wwWempTrecomfort.com
Please note: Master Parts Distributors are independent businesses that stock the most commonly ordered Original Equip-
ment repair parts. for Heaters, Grills, and Fireplaces manufactured. by Empire Comfort Systems Inc. .
Dey Distributing
1401 Willow Lake. Boulevard
Vadnais Heights, MN 55101
Phone: 651 .490-91X31
Toll Free: 800 -397 -'M9 -
Website: www.deydistributing.com
Parts:. Heater;. Hearth and.Grills
East Coast-Energy'Product.s
10 East Route 36
West Long Branch, NJ 07764
Phone: 732-870-8809
Toll Free: 800-755-8809
Fax: 732-870-8811
Website: www.eastcoastenergy.com
Parts: Heater; Hearth and Grills
Phone: 860-722-2433
Toll Free: 800-243-9360
Fax: 860-293-0479
Toll Free Fax: 800-274-2004
Websites: vvww.fwwebb.com & www.victormfg.com
Parts: Heater. Hearth and Grills
Parts Not Under Warranty
Parts can be ordered throngh your Service Persn service person oodealerlshouer, ortd order parts thra Master Parts ough the distributor. Partsstributor. See this page otcan be shipped directly to the.
tors list. For best results,
service person/dealer.
Warranty Parts
can be ordered by your Service Person or Dealer. Proof of purchase is required for
Warranty parts will need a proof of purchase and
warranty parts.
All parts listed in the Parrs List have a Part Number. When ordering parts, first obtain the Model,Number and Serial .Number .from the
name plate on your equipment. Then determine the Part Number (not the Index Number) and the Description of each part from the fol
lowing illustration and part list. Be sure to give all this information ...
Appliance Model Number
Part Description
Appliance Serial Numbe
Part Number
Type of Gas (Propane or Natural)
Do not order bolts, screws, washers or nuts. They are standard hardware items and can be purchased at any local hardware store.
Shipments contingent upon strikes, fires and all causes beyond our control.
26333-5-1012
Page 24
G
ts at
e time of
for
Empire Comfort Systems Inc. warranties this hearth
product
technician a� d mustcbe mahntained and
operated sa safely, n accodrdanpce with
speci-
fied below. Hearth products must be Installed by qualified
the instructions in the owner's manual. This warranty applies to the original purchaser only and is. not transferable. All warranty repairs
must be accompiished.by a. qualified gas appliance technician_. .
L;mited Frve Year Parts B.Lat�or Warranty— Al! Other Components
(Except Remote Controls, Thermostats, Accessories and Replacement Parts)
Should any part fail because of defective workmanship_ or material within five years from the date of purchase, Empire will
repair or replace at.Empire's option.
Within five years from the date of purchase, Empire will pay reasonable labor to have that defect repaired at Empire's option.
Limited One -Year Parts ,Warranty — Remote Controls, Thermostats, Accessories, and -Parts . .
sory,.or other part fail because of defective workmanship within one year from.
Should, any remote control, thermostat, acces
the date of purchase, Empire will repair or replace at Empire's option.
Duties Of The Owner
The appliance must be installed by a qualified installer and operated in accordance with "the inst{ucSigns furnished with the ap-
pliance.
A bill of sale, cancelled check, or payment record should be kept to verify purchase date and.establish warranty—period.......
Ready access to the ;appliance for service.
What Is Not Covered,
Damages that might result from the use, misuse, or improper, installation of this appliance
Travel, diagnostic costs and freight charges on'warrahfed parts to`and'from the factory.
Claims that do not involve defective workmanship or materials.
Unauthorized service or parts replacements.
Removal and reinstallation cost.
Inoperable due to improper or lack of maintenance..
How To Get Service
To make a claim under this warranty, please have your receipt available and contact your installing dealer. Provide the dealer
with the model number, serial number, type of gas, and purchase verification. The installing dealer is responsible for providing service and
cements. Empire will make replacement parts available at the factory. Shipping
will contact the factory to initia'_e any warranted parts repla
expenses are not covered.
after contacting your Empire dealer, service received has not been satisfactory, contact -.'Consumer Relations Department,
If,
Empire Comfort Systems Inc., PO Box 529, Belleville, Ill-inois 62222, or send an mail to info@emplrecomfort.com with Consumer Rela-
• tlohs";7n the-subiect line , . .
Your. Rights. Under State Law from state to. state
Th..iswarranty given:your specifc.legal rights, and:you may:also have other nghfs which,vary
Page 25
26333-5-1012
A .. V
Page 26 —
26333-5-1012
-4
Date. ........
_e
IN- TOWN OF NORTH ANDOVI
PERMIT FOR GAS JASTALLA
This certifies that ... '4 ..................
has permission for gas installation ........
in the buildings of .... .................
at .... 7. Lk .............. North Andover, Mass.
Fee ... 1C., P :'.-Lic. No.. t Y. .'T .. .... 4.
WAS INSPECTOR
Check# /0
5797
MASSACHUSETTS UNIFORM APPUCATON FOR PERIVIlT TO DO GAS FITTING
(Type or print) Date to ,/(, P p (D
NORTH ANDOVER, MASSACHUSETTS
Building Locations Lk, iAi t-- IR S l' Permit #
Amount $ l00
Owner's Name W t S ficA l ¢ y
New 0- Renovation ❑ Replacement ❑ Plans Submitted ❑
(.Print or type) Check one: Certificate Installing Company
Name Powx,-R Ii* Sup 5 PI om Arne -f- 0 Corp. y>< S
Address Po &bX doh" Partner.
A, L, I)it Lk-tt 1-1AG/Slo�
Business Te ep one y�e � - ( & 3 - U f & q Firm/Co.
Name of Licensed Plumber or Gas Fitter z3& F (
INSURANCE COVERAGE Check one:
I have a current liability Insurance policy or it's substantial equivalent. Yes 13 NoO
If you have checked yes, please indicate the type coverage by checking the appropriate box.
Liability insurance policy El Other type of indemnity ® Bond
Owner's Insurance Waiver: I am aware that the licensee does not have the Insurance coverage required by Chapter 142 of the
Mass. General Laws, and that my signature on this permit application waives this requirement.
Check one:
Signature of Owner or Owner's Agent Owner 0 Agent
uCiCuy cCnuy Mal. all vi wC ueiaiis anu rruorinauon i nave suomutrea (or entered) in above application are true and accurate to the
best of my knowledge and that all plumbing work and installations performed under Permit Issued for this application will be in
compliance with all pertinent provisions of the Massachusetts State Gas Code and Chap 1421 of the General Laws.
By:
Title
City/Town
APPROVED (OFFICE USE ONLY)
SignatuWV
Plumber
Gas Fitter
Master
JourneyInan
w
U
A
I-
z
o
H
O
U
z
c
H
wF
�.
w
FQQ
y0
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CWn7
Z
OZ
cFE)
vF�
a
WwxC1
O
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3�
A
aOF
0
AW
0
FU
C
CW�7
9
SUB -BASEM ENT
B A S E M ENT
1ST. FLOOR
2ND. FLOOR
3 R D. F L O O R
4TH. FLOOR
5 T H. F L O O R
6 T H. F L O O R
7 T H F L O O R
S T H. F L O O R
(.Print or type) Check one: Certificate Installing Company
Name Powx,-R Ii* Sup 5 PI om Arne -f- 0 Corp. y>< S
Address Po &bX doh" Partner.
A, L, I)it Lk-tt 1-1AG/Slo�
Business Te ep one y�e � - ( & 3 - U f & q Firm/Co.
Name of Licensed Plumber or Gas Fitter z3& F (
INSURANCE COVERAGE Check one:
I have a current liability Insurance policy or it's substantial equivalent. Yes 13 NoO
If you have checked yes, please indicate the type coverage by checking the appropriate box.
Liability insurance policy El Other type of indemnity ® Bond
Owner's Insurance Waiver: I am aware that the licensee does not have the Insurance coverage required by Chapter 142 of the
Mass. General Laws, and that my signature on this permit application waives this requirement.
Check one:
Signature of Owner or Owner's Agent Owner 0 Agent
uCiCuy cCnuy Mal. all vi wC ueiaiis anu rruorinauon i nave suomutrea (or entered) in above application are true and accurate to the
best of my knowledge and that all plumbing work and installations performed under Permit Issued for this application will be in
compliance with all pertinent provisions of the Massachusetts State Gas Code and Chap 1421 of the General Laws.
By:
Title
City/Town
APPROVED (OFFICE USE ONLY)
censed Plumber Or Gas Fitter
1a`b
License umber
SignatuWV
Plumber
Gas Fitter
Master
JourneyInan
censed Plumber Or Gas Fitter
1a`b
License umber
Date./ ,. w
0", TOWN OF NORTH AN OVER
.o
PERMIT FOR PL SING
This certifies that ...� G.� ..0 ��.. ��`' ......... • • • • • • .
has permission to perform ........�� `` 7
.... ..................
plumbing in the buildings of .. -7...........
at .. -�-- .......... , North Andover, Mass.
Fee. 'Lic. No..1.t .Y 9.g . ....... . �4�.. �..... .
PLUMBING INSPECTOR
Check # %G
7177
tch1 41&0 ib )) CoS+ G(- �bv56' 40,000.60
MASSACHUSETTS UNIFORM APPLICATION FOR PERMIT TO DO PLUMBING
(Type or print)
NORTH ANDOVER, MASSACHUSETTS
Date 10 1& -0(, -
Building Location S"T Owners Name 11 +S RE A) 4 f V(dv5+ Permit #_?7 2
Amount r: our
Type of Occupancy R 1={i ann.Lj A l
New Renovation ® Replacement ® Plans Submitted Yes No
FIXTURES
(Print or type)
Installing Company Name �N,,A e 1Z 1 i + .S6n S Pl o rn Ai h (, i- N tz A �,P k
Check one: Certificate
Corp. �% S
® Partner.
® Finn/Co.
Name of Licensed Plumber: S F R w dC R 1
Insurance Coverage: Indicate the type of insurance coverage by checking the appropriate box:
Liability insurance policy a Other type of indemnity ® Bond
Insurance Waiver: I, the undersigned, have been made aware that the licensee of this application does not have any one of the above
three insurance
Signature Owner ® Agent 11
I hereby certify that all of the details and information I have submitted (or entered) in above application are true and accurate to the
best of my knowledge and that all plumbing work and installations performed under Permit Issued for this application will be in
compliance with all pertinent provisions of the Massachusetts State Plum ing Code and Chapter 142 of the General Laws.
BY ign i ns er
ype of Plumbing License
Title
City/Town ick erase um e�fi r - Master 13 Journeyman
APPROVED (OFFICE USE ONLY
Uct e1 UEi U1: 12p S.K. Frederickson '181-555-8548 P.1
OdinEngmeernng
Civil Engineers P.O. Box 1096
Structural EngineersOdin
Lynnfield, MA 01940-3096
glnspectors 781-592-8385
Code Consultants FAX: 781-595-8948
October 21, 2006
B>iuce Hughes
Bruce Hughes Construction
12 Kirk Road _
$il 01821
RE: 95 Winter Street, North Andover, MA
En ' ming Affidavit
At your request, I recently conducted a framing inspection of the above referenced.
address. Electrical and plumbing had been substantially complete and framing had been
complete at this time.
Based on my inspection, I hereby certify that, to the best of my knowledge, information
and belief, the engineered beams and columns have been installed in substantial
conformance to the design drawings and these beams and columns are structurally
adequate to support loads specified in the Commonwealth of Massachusetts State
Building Code, with the following exception(s):
• A post is missing below the right end of the attic floor beam (viewed as you face the
property from the street). The location is in front of the right side dormer window.
You informed me that you would be installing this post immediately. All other
engineered beams and posts appear to have been properly installed.
Note that my inspection and report are intended to address only the structural adequacy
and installation of the engineered beams and joists_ My inspect6z and report are not
intended to certify that the entire structure is in compliance with the state building code
or any local rules/regulations/bylaws.
Please contact me if you have any questions.
For Odin En ring
Sincerely ��`� STEVEN R.
?' FREDERICKSON
No. 32357
` I
Steven R. Frederickson, P. Al btiGi
Date .... 7.ng..7,45.
TOWN OF NORTH ANDOVER
PERMIT FOR WIRING
This certifies that ....... fe4oi�.w.-r . ........ bF.1-'t
has permission to perform .......... AI.C-.7w ..... 44.o. .............................
wiring in the building of ........................v H.. k7�� .................................
37—
at ..... ............................... . North Andover, Mass.
Fee l_s .00.......... Lic. No. .71Z5.73 . .............
ELECTRICAL INSPECTOR
Check
A
Commonwealth of Massachusetts Official Use Only
C� %
Department of Fire Services Permit No. q�
11
Occupancy and Fee Checked
BOARD OF FIRE PREVENTION REGULATIONS [Rev. 9/05] (leave blank)
APPLICATION FOR PERMIT TO PERFORM ELECTRICAL WORK
All work to be performed in accordance with the Massachusetts Electrical Code (M ), 5 CMR 12.00
(PLEASE PRINT IN INK OR TYPE ALL INFORMATION) Date: �7 ��ji
City or Town of: W, A 14 A OVER To the Inspector of Wires:
By this application the undersigned gives notice of his or her intention to perform the electrical work described below.
Location (Street & Number) q,S W y4 T C !Z ST,
Owner or Tenant ,i3RVc C /� UGHis S rD /NIi(Z UC T/Oho Telephone No.
Owner's Address j1 X1 RIC/?P. l3l�c --R1(A
Is this permit in conjunction with a building permit? Yes
Purpose of Building /i(1 uu,
Existing Service Amps / Volts
New Service 4/0D Amps N# /.2VO Volts
Number of Feeders and Ampacity
No ❑ (Check Appropriate Box)
J
Utility Authorization No. 9 00OS-3
Overhead ❑ Undgrd ❑ No. of Meters
Overhead ❑ Undgrd 91 No. of Meters
Location and Nature of Proposed Electrical Work: pttZG j,i6-Lj /-iomff'
Completion of the following table nTay be waived by the Inspector of Wires.
No. of Recessed Luminaires 5'0
No. of Ceil.-Susp. (Paddle) Fans
No. of Total
Transformers KVA
No. of Luminaire Outlets VO
No. of Hot Tubs
Generators KVA
No. of Luminaires
Swimming Pool Above ❑In- ❑
rnd. grnd.
o. of Emergency Lighting
Battery Units
No. of Receptacle Outlets Id Q
No. of Oil Burners
FIRE ALARMS
No. of Zones
No. of Switches
G
No. of Gas Burners
No. of Detection and
Initiating Devices
No. of Ranges
g
Tota
No. of Air Cond. Tons
No. of Alerting Devices
No. of Waste Disposers
Heat Pump
Totals:
Number
I
Tons
KW
No. of Self -Contained
Detection/Alerting Devices
No. of Dishwashers
Space/Area Heating KWLocal
❑ Municipa ❑Other
Connection
No. of Dryers /
Heating Appliances Kms,
Security Systems:*
No. of Devices or Equivalent
No. o Water Kms,
Heaters
No. of No. o
Signs Ballasts
Data Wiring:
No. of Devices or E uivalent
No. Hydromassage Bathtubs
No. of Motors Total HP
Telecommunications Wiring.
No. of Devices or E uivalent
OTHER:
Attach additional detail if desired, or as required by the Inspector of Wires.
Estimated Value of Electrical Work: Q Q (When required by municipal policy.)
Work to Start: Inspections to be requested in accordance with MEC Rule 10, and upon completion.
INSURANCE COVERAGE: Unless waived by the owner, no permit for the performance of electrical work may issue unless
the licensee provides proof of liability insurance including "completed operation" coverage or its substantial equivalent. The
undersigned certifies that such coverage is in force, and has exhibited proof of same to the permit issuing office.
CHECK ONE: INSURANCE ❑ BOND ❑ OTHER ❑ (Specify:)
I certify, under the pains and penalties of perjury, that the information on this application is true and complete.
FIRM NAME: LIC. NO.:
Licensee: Egf9pl( .DEPTi) V Signature LIC. NO.:E.?%aTir
(If applicable, enter "exempt" in the license number line.)Bus. Tel. No.:S QB- 'a 7�
Address:
P6
. SOX go f /{�P 3F�lUfL,J i a 0,4. 111,r66 Bus.
Tel. No.
*Security System Contractor License required for this work; if applicable, enter the license number here:
OWNER'S INSURANCE WAIVER: 1 am aware that the Licensee does not have the liability insurance coverage normally
required by law. By my signature below, 1 hereby waive this requirement. I am the (check one) ❑ owner ❑ owner's agent.
Owner/Agent
Signature Telephone No. PERMIT FEE.
-A-- ek I - ", -. izll�
°wA Oar, "/.) Illy
66--1 ev 0 I-iD-v6 P"n
rll.tj "il
19- 0 `7 I'Al
i
CERTIFICATE OF USE & OCCUPANCY
TOWN OF NORTH ANDOVER
Building Permit Number 443 (3/14/2006_ Date: August 7 2007
THIS CERTIFIES THAT
THE BUILDING LOCATED ON 95 Winter Street
MAY BE OCCUPIED AS Sinale Family Dwe= IN ACCORDANCE
WITH THE PROVISIONS OF THE MASSACHUSETTS STATE BUILDING CODE AND SUCH
OTHER REGULATIONS AS MAY APPLY.
Certificate Issued to: H & S Realty Trust
12 Kirk Road
Befferica MA 01821
Building Inspector
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APPLICATION FOR CERTIFICATE OF OCCUPANCYIINSPECTION
Building Permit #
ADDRESS/LOCATION OF PROPERTY: Ff 6Vkrq
Map Parcel t' Lot Number
SUBDIVISION
A0
DATE REQUESTED FILED/READY FOR INSPECTION `�
CLOSING DATE ON PROPERTY:
FIVE (5) DAYS NOTICE PRIOR TO CLOSING DATE IS REQUIRED
ALL WORK AND SIGN -OFFS MUST BE COMPLETED WITHIN THIS TIME FRAME. A RE-
INSPECTION FEE OF TWENTY DOLLARS $20.00) WILL BE CHARGED IF THE STRUCTURE
DOES NOT MEET ALL APPLICABLE CODES.
Permit Issued to: -� Y
Address
SIGNED
ROUTING O VO-- Lo -t—
CONSERVATION
PLANNING Iy-`�.J " ` 7l `q
DPW - WATER METER /0// ?/0 to
SEWER/WATER CONNECTION [OF] ch
NOTE
DPW MUST INDICATE THAT THE WATER METER HAS BEEN INSTALLED PRIOR TO
SUBMITTAL OF THE OCCUPANCY/INSPECTION REQUEST
W
DPW
Signature
File: Application for OC form revised Jan 2007
T
Oct 21 06 01:12p
Civil Engineers
Sbrwbrd Ennghum
Building lnspecWrs
Code Consultants
October 21, 2006
S.R. Frederickson 781-595-8948 p.1
Odin Engineering
® P.O. Box 1096
Lymtfield, MA 01940-3096,
0 C[IJL I 781-592-8385
FAX 781-595-8948
Bruce Hughes
Bruce Hughes Construction
12 Kirk Rom
RE: 95 Winter Street, North Andover, MA
Affidavit
At your request, I recently conducted a framing inspection of the above referenced
address. Electrical and plumbing had been substantially complete and framing had been
complete at this time.
Based on my inspection, I hereby certify that, to the best of my knowledge, information
and belief, the engineered beams and columns have been installed in substantial
conformance to the design drawings and these beams and columns are structurally
adequate to support loads specified in the Commonwealth of Massachusetts State
Building Code, with the following exception(s):
o A post is missing below the right end of the attic floor beam (viewed as you face the
property from the street). The location is in front of the right side dormer window.
You informed me that you would be installing this post immediately. All other
engineered beams and posts appear to have been properly installed.
Note that my inspection and report are intended to address only the structural adequacy
and installation of the engineered beams and joists. My inspectivz and report are not
intended to certify that the entire structure is in compliance with the state building code
or any local rules/regulations/bylaws.
Please contact me if you have any questions.
For Odin En Bering \�`;�
For
�� sTEVEN R.
/ 1 FREi�EP.ICKSOIV
No. 32357
Steven R. Frederickson, P. `!` /!lkAl
fm
DATE:
a INSPECTIONAL SERVICES DEPARTMENT
`•. �� BUILDING INSPECTION LOG
�,sS�CNU5tt4g
(� / Ins ection date }
ADDRESS: V �"Jt S I l I�/ �'
INSPECTED BJ>
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DAT .OF INSPECTION:Z
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INSPECTION REQUEST: ❑ESC/ FOOTING ❑ FOUNDATION VFRAME
PLROUGH ❑FINAL ❑OTHER
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ICA—T
Inspection date
ADDRESS: INSPECTED BY:
—�
DATE OF INSPECTION:
NAME �`, !,✓« PASS El FAIL ❑ OTHER
PHONE# 7� �/�
CORRECTION NOTE/INSPECTOR COMMENTS:
PERMIT # OFFICE NOTE:
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INSPECTION REQUEST: ❑ESC/ FOOTING ❑ FOUNDATION ❑ FRAME
❑ ROUGH ❑FINAL ❑ OTHER
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Building Inspection Schedule.doc
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INSPECTIONAL SERVICES DEPARTMENT
BUILDING INSPECTION LOG
Inspection date
ADDRESS:
_t NAME C°!�lk�ee1
PHONE#�
PERMIT # OFFICE NOTE:
INSPECTION REQUEST: ESC/ FOOTINGK_� FOUNDATION r _ FRAME
ROUGH 1 -FINAL _ OTHER
/ Inspection date
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❑ ROUGH ❑FINAL ❑ OTHER
Inspection date
ADDRESS:
NAME__6 ✓LL(�—�
PHONE#
PERMIT. OFFICE NOTE:
iv(-t,J
INSPEC'T'IONREQUEST: ❑ESC/ FOOTING FKOUNDATION ❑ FRAME
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Building Inspection Schedule.doc
INSPECTED BY:
DATE:
Wei
DATTEpOF INSPECTION__ (i Isl /d
_/JLP�4SS FAIL OTHER
CORRECTION NOTEANSPECTOR COMMENTS:
INSPECTED BY: dLle9f�
DATE OF INSPECTION: a 0
PASS ❑ FAIL ❑ OTHER
CORRECTION NOTE/INSPECTOR COMMENTS:
INSPECTED BY: f)n/ rl,''t
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IINSPEC CION AL SERVICES DEPARTMENT
BUILDING INSPECTION LOG
Inspection date
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ROUGH __FINAL _ OTHER
/I\ ' J Inspection date �
ADDRESS: � w I n4S (�
NAME.— //�� S L�� C j� �•�I�°L�
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INSPECTEDBY: �JZd-,l, f
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INSPECTED BY: —_
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CORRECTION NOTE/INSPECTOR COMMENTS: !
INSPECTED BY:
DATE OF INSPECTION:
❑ PASS ❑ FAIL ❑ OTHER
CORRECTION NOTE INSPECTOR COMMENTS:
FP-7 (rev. 7/06)
01775
CERTIFICATE O COMPLIANCE
M.G.L. ,CHAPTER 146, SECTIONS 26F, 26Fy/s
City or Town Data: �7
This Certifies that the property located at
has been equipped with approved smoke detectors, and carbon monoxide alarms and was found to be in compliance with
Massachusetts General Law, Chapter 148 Sections 26F, 26F�/z and 527 CMR 31, et seq.
I nspection/Testing completed on: By. L—f C5' /A)
Fee Paid:Head of Fre
Department: ?41 L�v
Note: This certificate expires sixty (60) days after date of issuer
-- SELLER'S COPY
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Location/yin Tt'{� c�r� 2� L %®,� PI
No. • Date
TOWN OF NORTH ANDOVER
Certificate of Occupancy $
Building/Frame Permit Fee $ F
ti
Foundation Permit Fee $
Other Permit Fee $
TOTAL $
r
Check #_ i
18860 AL4, AV—P77
Building`Jn`spector A? &—
A-uaaG uqr VallTaAl1V1,I ,
1.1 Property Address:
TOWN OF NORTH ANDOVER -
1.2 Assessors Map and Parcel Number:
BUILDING DEPARTMENT
APPLICATION TO CONSTRUCT RLP
RENOVAT OR DEMOLISH A ONE OR TWO FAMILY DWELLING
fr.,MaY�.y,t ^'y �"
�
Y•_ ., R83 -i^ y ,. ts'F.' x.' u. 3. ;4 ?«wR:'
BUILDING PERMIT NUMBER:
DATE ISSUED: ",
Map Number
0
SIGNATURE:
1.3 Zoning Information: '�B(�
Building CommissionerhnR=Wr of pufl&gs Date
CL'!''7'iAAT t ciTun►r��n�r • ...rte..
A-uaaG uqr VallTaAl1V1,I ,
1.1 Property Address:
1.2 Assessors Map and Parcel Number:
Map Number
Parcel Number
1.3 Zoning Information: '�B(�
1.4 Property Dimensions:
?t4✓S
j
ZoningDistrict PrUse
Lot Area
Fronto ft
1.6 BUILDING SETBACKS ft
Front Yard
Side Yard
Rear Yard
Reqttired Provide
Required Provided
Required
Provided
1
1.7 Water Supply M G.L.C.4o. 34)
1.5. Flood Zone Information:
1.8
Sewerage Disposal System:
public ❑ private ❑
Zone Outside Flood Zone 0
Municipal
❑ On Site Disposal System 0
c�rrr�wr � TrfATr:rf.na� n
vr.a. A K—N raavr—JL z ., w1—j—'err/Au Anvmlzmj AGEN.][' Historic District: Yes _ No _
2.1 Owner of Record
.C� In � I� es s
Name (Pn t) _ Address for Service:
,.��`
Si store
Bn Telephone
2.2 Owner of Record:
�4� e tM eSS V\ c\ (,y7<e «rf e�
Name
Print f Address for Service:
�22" -�) � ;��— � S —') — /1 -9 7
�8
Signature Telephone
SECTION 3 - CONSTRUCTION SERVICES
3.1 Licensed Construction Supervisor: Not Applicable 0
V1
Licensed Construction Supervisor: o 0 _ —6 S—
'1 f I4 _f &+-re
J � e I License Number
Address T C _ '/
c.�•V�C ✓I C f {�} c3 j — �%at� " 0 b Expiration Date
Signature o e
3.2 Registered Home Improvement Contrac(t^or Not Applicable 0
Company Name 11 q 2 n -
Registration Number
t�c���l- l c! � � c,�.lev� C' eve f X13
Address
las-
Expiration
r ,
Si nature Telephone
Date '
F M- -
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SECTION 4 - WORKERS COMPENSATION (M:G.L C 152 25c(6)
Workers Compensation Insurance affidavit must be completed and submitted with this application. Failure to provide this affidavit will result
in the denial of the issuance of the building it.
Signed affidavit Attached Yes .......❑ No ....... 0
SECTION 5 DescHiptjoli of Proposed Work check all
applicable)
New Construction s
Exishing Building ❑
Repair(s) ❑
Alterations(s) ❑r
Addition ❑
Accessory Bldg. ❑
Demolition ❑
Other ❑ Specify
Brief Description of Proposed W/ ork: f
4011C�tmC d- 0 AWIIy
Yi
<-tctr a,CA✓ 1 'J( 45
� 1'4 f
est 7
SECTION 6 - ESTIMATED CONSTRUCTION COSTS
Item
1. Building
Estimated Cost (Dollar) to be
Completed b rmit a licant
a T+'FI�IAlIa
�. ,...
.
(a) Building Permit Fee
Multiplier
USE 4NI.Y ,90
;F ........ . ...:: a.e
2 Electrical
(b) Estimated Total Cost of
Construction
3 Plumbin
Building Permit fee (a) x (b)
O
4 Mechanical HVAC
5 Fire Protection
6 Total 1+2+3+4+5
Check Number
SECTION 7a OWNER AUTHORIZATION O BE COMPLETED WHEN
OWNERS AGENT OR CONTRACTOR APPLIES FOR BUILDING PERMIT
I, Gl ✓ 4 c) Ily es s / kq (, as Owner/Authorized Agent of subject property
Hereby authorize r' G f� f f f I ►� G to act on
My behalf, ' a sTe ative to work authorized by this building permit application.
Si a e of Owner Date
SECTION 7b OWNER/AUTHORIZED AGENT DECLARATION
I, O V1 4(") in Cl ,as Owner/Authorized Agent of subject
property
Hereby declare that the statements and information on the foregoing application are true and accurate, to the best of my knowledge
and belief
-1 ,'\'Ps �Y�
Print Name
Si at of Owner/A ent Date "
NO. OF STORIES SIZE --
BASEMENT OR SLAB
SIZE OF FLOOR TIMBERS 1 -- �?3 KU
SPAN S
DINIENSIONS OF SILLS C{ '
DIMENSIONS OF POSTS / �'
DIMENSIONS OF GIRDERS7 '� LV/ —
HEIGHT OF FOUNDATION THICKNESS y `
SIZE OF FOOTING X
MATERIAL OF CHRVINEY r Q
IS BUILDING ON SOLID OR FILLED LAND
IS'BUILDING CONNECTED TO NATURAL GAS LINE 190
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INSTRUCTIONS: This form is used to verify that all necessary approvals/permits from
Boards and Departments having jurisdiction have been obtained. This does not relieve
the applicant and/or landowner from compliance with any applicable or requirements.
E"__"__"������t*611APPLICANT FILLS OUT THIS SECTION
APPLICANT Is4 (Al u- /► V) e -cS S /✓1 G _ PHONE
LOCATION: Assessors Map Number 3 PARCEL
SUBDIVISION in 0 f Z4 IQ �r r e LOT (S)
STREET w, o a r S �r f e f ST. NUMBER l
OFFICIAL USE ONL
AG
ONSERVATION ADMINISTRATOR
6K fv 195A�- PST -
COMMENTS' b L)ZK �-��A
i
DATE APPROVED Y9
DATE REJECTED
U1 it--
05ff ?VADIfn
72--0 Os
DATE APPROVED 41.&
DATE REJECTED
FOOD INSPECTOR -HEALTH DATE APPROVED
DATE REJECTED
SEPTIC INSPECTOR -HEALTH DATE APPROVED
DATE REJECTED
COMMENTS
f /PUBLIC WORKS - SEWER/WATER CONNECTIONS
IRE DEPARTMENT-I!fj
'.ECEIVED BY BUILDING
RwlsNd 9197Im
- P__0`j
December 5, 2005
Pamela Merrill
Town of North Andover, Conservation Department
400 Osgood Street
North Andover, MA 01845
RE: 95 Winter Street, North Andover, MA
Dear Pam;
RECEIVED V 6J
DEC 0 5 2005
NORTH ANDOVER
CONSERVATION COMMISSION
For the purpose of not expiring our December 13, 2005 Zoning Variance so as to
obtain our building permit, this letter is to acknowledge that we will not commence any
building on the development known as 95 Winter Street in North Andover till all of the
"Prior to Construction" conditions listed in both Orders of Conditions (DEP File
Numbers: 242-1300 and 242-1309) are completed.
Thank You for your cooperation.
Sincerely,
r�
Claude Elias
Town of North Andover
F
Office of the Conservation Department j g! 1 4 V6
Community Development and Services Division
400 Osgood Street SSacHuse
North Andover, Massachusetts 01845
Pamela A. Merrill Telephone (978) 688-9530
Conservation Associate Fax (978) 688-9542
December 8, 2005
Claude and Laura Elias
119 Hooker Farm Road
Salem, NH 03079
RE: 95 Winter Street, North Andover, MA 01845
(DEP File #242-1300: Single-family house and 242-1309: Driveway)
Mr. & Mrs. Claude Elias,
As you know, I met with Tina Messina on Friday, December 2, 2005 to discuss the building
permit sign -off requirements associated with the above -referenced site. We agreed that this
department would sign off on the building permit application in order for the Building
Department to issue a permit prior to the December 13, 2005 expiration of your Zoning
Variance. This department is in receipt of your letter dated December 5, 2005, which
guarantees that no work will commence on site until all pre -construction items in both
Orders of Conditions have been properly addressed. Please be aware if any work starts at
the site prior to the pre -construction meeting, this department will immediately
issued a `Cease and Desist' Order and / other enforcement penalties.
For the record both Orders of Conditions (DEP File # 242-1300 and 242-1309) have been
recorded at the Registry of Deeds and proof of that was submitted on December 5, 2005:
Additionally, the $4,000 performance bond associated with the roadway and the $3,000
performance bond associated with the house was also posted with the Conservation
Department on December 5, 2005. As such, this department will sign off on the building
application. Please also be aware that if you sell the property prior to the issuance of a
Certificate of Compliance, the new homeowner must receive a copy of both Orders of
Conditions, and sign and submit the affidavit provided in the Order to the Department.
Should you have any questions or comments relative to this letter, the Order of Conditions
or the process itself, please do not hesitate to contact the undersigned at your earliest
convenience. The Conservation Department looks forward to working with you in the near
future. Thanking you in advanced for your anticipated cooperation with this matter.
13OARD O1= APPI:;AI_.S 688-9541 BUILDING 088-9545 CONSL-;RVr IJON 688-9530 HEAL I'll 688-9540 PLANNING 688-9535
t
Respectfully,
NORTH ANDOVER CONSERVATION DEPARTMENT
Pamela A. Merrill
Conservation Associate
Cc: Santo & Anne Messina (applicant on the building permit)
Alison McKay
Jerry Brown, Inspector of Buildings
DEP File # 242-1300
DEP File # 242-1309
APPLICATION FOR SEWER SERVICE CONNECTION
North Andover, Mass.
Application by the undersigned is hereby made to connect with the town sewer main in Street,
subject to the rules and regulations of the Division of Public Works. A
The premises are known as No
or subdivision lot no
Contractor
e�
Address
Address
App iSignature
PERMIT TO CONNECT WITH SEWER MAIN
The Division of Public Works hereby grants permission to
to make a connection with the sewer main at
subject to the rules and regulations of the Division of Public Works..
Street
Inspected by
Date
Street
Division of Public Works
T - - - =4
i
By
See back for rules and regulations
.+r .r ..a.,..._, -.. i'^..y . ;. �.� u r..�. �. .._ _ .. a r. .. yr :.M M'� .'G1• ":d T .i -..+. -t..-.✓
RULES AND REGULATIONS FOR GOVERNING THE INSTALLATION OF SEWER SERVICES
1. No unauthorized person shall uncover, make any connections with or opening into, use, alter, or disturb any public sewer
or appurtenance thereof without first obtaining a written permit from the Division of Public Works.
2. All costs and expense incident to the installation and connections .of the building sewer shall be borne by..the owner. The
owner shall indemnify the (town) from any loss or damage that may directly or indirectly be occasioned by the installation
of the building sewer.
3. A separate and independent building sewer shall be provided -for every building; except where one building stands at the
rear of another on an interior lot and no private sewer is available or can be constructed to the rear building through an
adjoining alley, court, yard, cr driveway, the building sewer'from the front building may be extended to the rear building
and the whole considered'as bne building sewer.
4. Old building sewers may be used in connection with new buildings only when they are found, on examination and test by
the (Superintendent), to meet all requirements of this ordinance.
5. The size, slope, alignment, materials of construction of a building sewer, and the methods to be used in excavating,
placing of the pipe, jointing, testing, and backfilling the trench, shall all conform to the following requirements. The sewer
shall be 6"diameter SDR' 35, PVC pipe. Minimum slope shall be 1/8" per foot. The minimum depth of sewer shall be four
feet below finish grade. Sewer pipe shall be installed ori a stable trench bottom of hard durable crushed stone to a
minimum (6) inch depth below the pipe. After the pipe has been installed, crushed stone shall be brought up to the crown
of the pipe. Care shall be taken to carefully grade and compact the stone, and prevent pipe displacement. The remainder of
the trench shall then be backfilled in one foot lifts with mechanical tamping after each lift.
6. Whenever possible, the building sewer shall be brought to the building at an elevation below the basement floor. In all
buildings in which any building drain is too low to permit gravity flow to the public sewer, sanitary sewage carried by such
building drain shall be lifted by an approved means and discharged to the building sewer.
7. No person shall make connection of roof downspouts, exterior foundation drains, or other sources of surface runoff or
ground water to a building drain which in turn is connected directly or indirectly to a public sanitary sewer.
8. The applicant for the building sewer permit shall notify the (Superintendent) when the building sewer is ready for
inspection and connection to the public sewer. The connection shall be made under the supervision of the (Superintendent)
or his representative.
9. All excavations for building sewer installation --shall be adequately guarded with barricades and lights so as to protect the
public from hazard. Streets, sidewalks, parkways, and other public property disturbed in the course of the work shall be
restored in a manner satisfactory` to the (town).'
1418
APPLICATION FOR WATER SERVICE CONNECTION
Z905
North Andover, Mass. r
Application by the undersigned is hereby made to connect with the town water main in (TP< Street,
subject to the rules and regulations of the Division of Public Works. r
The premises are known as No
or subdivision lot no.
Owner
Contractor
�
- Street
l / �
� �V
d2- 773
1 % filiir�1`�� 2T
Address
Address
X"-::�.i��can,C's�-;��.i/,g,nnature
PERMIT TO CONNECT WITH WATER MAIN
The Board of Public Works hereby grants permission to
to make a connection with the water main at
subject to the rules and regulations of the Division of Public Works.
Inspected by
Date
Street
Cr,„ • 7 • •
By lei 1JE
See back for rules and regulations
6�' �e4'3 /�' Z'
RULES AND REGULATIONS GOVERNING THE INSTALLATION OF WATER SERVICES
1. No persons shall tap or in any way tamper with water mains which are part of the distribution system of the Town
of North Andover without a valid permit from the Division of Public Works.
2. All water services shall be installed a minimum of five feet below the finish grade.
3. No water services shall be backfilled without inspection by a representative of the D.P.W.—Telephone 687-7964.
4. Service connections shall be 1" type k copper tubing.
5. All fittings shall be brass flange type Mueller or equal
H 15202 Corporations
H 15212 Curb stops
H 15402 Three part unions
H 8185 stop and waste valves
6. Curb boxes shall be installed at the property line and shall be of the Erie Type with 4�/z foot rod and brass plug
type cover.
TOWN OF NORTH ANDOVER
j • :, OFFICE OF
BUILDING DEPARTMENT
400 Osgood Street
s North Andover, Massachusetts 01845
Gerald A. Brown Telephone (978) 688-9545
Inspector of Buildings Fax (978) 688-9542
HOMEOWNER LICENSE EXEMPTION
Please print
DATE:
JOB LOCATION: 2
Number Street Address Ma of
HOMEOWNE
Name Home Phone Work Phone
PRESENT MAILING ADDRESS
SAS fm /f//7'd3d
City Town State Zip Code
The current exemption for "homeowners" was extended to include owner -occupied dwellings to two units or less
and to allow such homeowners to engage an individual for hire who does not possess a license, provided that the
owner acts as supervisor). State Building (Code Section 108.3.5.1)
DEFINITION OF HOMEOWNER
Person(s) who owns a parcel of land on which he/she resides or intends to reside, on which there is, or is intended
to be, a one or two family structures. A person who constructs more that one home in a two-year period shall not
be considered a homeowner.
The undersigned "homeowner" assumes responsibility for compliances with the State Building Code and other
Applicable codes, by-laws, rules and regulations.
The undersigned "homeowner" certifies that he/she understands the Town of North Andover Building Department
minimum inspection procedures and requirements and that he/she will comply with said procedures and
requirements.
HOMEOWNERS SIGNA
APPROVAL OF BUILDING OFFICIAL
Rovised 10.2005
Form Homeowners Exemption
NORTH AN , R BUILDING DEPARTMENT
Tel: 978-688-9545
DEBRIS DISPOSAL FORM
In accordance with the provision of MGL c 40 S 54, a condition of Building Permit
at: 7 to It, fir- S�-r ( � is that the debris resulting from this work shall be
disposed of in a properly licensed solid waste disposal facility as defined by MGL
I11,S150A.
Also, note Permits are required under -Fire Prevention laws Chapter 148 Section
I OA.
The debris will be disposed of in:
(�-vV\ e
Fire Department Sign off:
Dumpster Permit
Auf
(Location of Facility)
Signature of Permit Applicant
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Date
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1111\ The Commonwealth of Massachusetts
I 11_Department of Industrial Accidents
Office of Investigations
600 Washington Street
Boston, MA 02111
WWW.1nass.aov1dia
Workers' Compensation insurance Affidavit: Builders/Contractors/Electricians/Plumbers
Applicant Information Please Print Legibly
/� r t-1
Name(BLISiness/()r'anir.ation/In(liviituul): 'Z� t �%4. r Ct9gA0cl,1Cl 1e)^_ l Ci
Address:
City/State/Zip: fJ / ll e''t (a 0/P / Phone #:T , 0� l�
u an employer? Check the appropriate box:
AKloarnwith 4. ❑ I am a general contractor and 1
I . a employer
employees (full and/or part-time).*
have hired the sub -contractors
2. ❑ I am a sole proprietor or partner-
listed on the attached sheet.
ship and have no employees
These sub -contractors have
working for me in any capacity.
workers' comp. insurance.
5. [1 We are a corporation and its
[No workers' comp. insurance
officers have exercised their
required.]
3. ❑ 1 am a homeowner doing all work
right of exemption per MGL
myself. [No workers' comp.
c. 152, § 1(4), and we have no
insurance required.] t
employees. [No workers'
comp. insurance required.]
Type of project (required):
6. New construction
7. N❑]Remodeling
8. ❑ Demolition
9. ❑ Building addition
10.❑ Electrical repairs or additions
11.0 Plumbing repairs or additions
12.❑ Roof repairs
13.❑ Other
*Any applicant that checks box # I must also fill out the section below showing their workers' compensation policy information.
t I fomeowners who submit this affidavit indicating they are doing all work and then hire outside contractors most submit a new affidavit indicating such.
'Contractors that check this box must attached an additional sheet showing the name of the suh-contractors and their workers' comp. policy information.
I am an employer that is providing workers' compensation insurance for my employees. Below is the policy and job site
information.
Insurance Company Name:�
Policy or Self -ins. Lqic. #: — Expiration Date:�L�_—
(n
Job Site Address: 1. W l Yi cl! 74' City/State/Zip:_ (Ifo, V �^
Attach a copy of the workers' compensation policy declaration page (showing the policy number and expiration date).
Failure to secure coverage as required under Section 25A of NIGL c. 152 can lead to the imposition of criminal penalties of a
tine tip to $1,500.00 and/or one-year imprisonment, as well as civil penalties in the form of a STOP WORK ORDER and a tine
of up to $250.00 a day against the violator. Be advised that a copy of this statement may be forwarded to the Office of
Investigations of the DiA for insurance coverage verification.
I do hereby ec ry' der the painnd pennitie of'perjury that the information provided above is true and correct.
-. �s a.��
Date:/�Y� e
Official use only. Do not write in this area, to be completed by cite or town nffrcial.
City or Town:
Issuing Authority (circle one):
1. Board of Health 2. Building Department
6. Other
Permit/License #
3. City/Town Clerk 4. Electrical Inspector 5. Plumbing Inspector
Contact Person: Phone
Bruce Hughes
(978)663-9793
B.H. Construction, Inc.
Bruce Hughes
12 Kirk Road
Billerica, Ma. 01821
To the building commissioner in the town of North Andover Ma;
Lic. #062737
Reg. # 122064
We respectfully request that the permit (#443) granted to Santo and Anne Messina
for a single family home to be constructed on lot 120 (map 103 plate 120) be transferred to
H & S Realty trust. We have a signed purchase and sale to purchase the above property
and hope to start construction when the sale is finalized. Bruce Hughes from the above
address will be the construction supervisor on the job.
We appreciate your attention to this matter. Please refer any questions to Bruce
Hughes at (978) 815-6102. Thank you.
Z"v
Sincerely,
B ce Hughes 1/19/06
i
&� dlo-3
C -Cf \f
Massachusetts Department of Environmental Protection
Bureau of Resource Protection - Wetlands
J
WPA Form 5 - Order of ConditionsMassachusetts 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.
VQ
ILEI
A. General Information
From: North Andover
1. Conservation Commission
2. This .issuance is for (check one):
3. To: Applicant:
Claude
a. First Name
119 Hooker Farm Road
d. Mailing Address
Salem
e. City/Town
® Order of Conditions
Elias
b. Last Name
4. Property Owner (if different from applicant):
Santo & Anne Messina
a. First Name b. Last Name
115 Winter Street
d. Mailing Address
North Andover
e. City/rown
5. Project Location:
c. Company
NH.
f. State
DEP File Number:
242_1300
❑ Amended Order of Conditions
03079 - - -
g. Zip Code
M
Lot 120
b. City/Town
Map 103
L.,
C=
d. Parcel/Lot Number
Latitude and. Longitude, if known (note:
C=Delectronic
filers will click for GIS locator):
c. Company
C3-
6. Property recorded at the Registry of Deeds for (attach additional information if more than one parcel):=
Essex North
--I
a. County
ry
4736
156
MA. 01845'
_
d. Page
f. State
g. Zip Code
rn
0
N �
Winter Street, Single-family dwelling Map 103, North Andover
Lot 120
b. City/Town
Map 103
Lot 120
c. Assessors Map/Plat Number
d. Parcel/Lot Number
Latitude and. Longitude, if known (note:
C=Delectronic
filers will click for GIS locator):
e. Latitude f. Longitude
C3-
6. Property recorded at the Registry of Deeds for (attach additional information if more than one parcel):=
Essex North
--I
a. County
�n
b. Certificate (d registered land)
4736
156
c. Book
_
d. Page
2. Dates: 2/24/05
5/11/05 5_19 7 v
a. Date Notice of Intent Filed
b. Date Public Hearing Closed c. Date of Is uance
8. Final Approved Plans and Other Documents
(attach additional or document references
needed):
plan as
Plan to Accompany ANotice of Intent, Sheet
1, Winter Street Impovement & Watershed Special
Permit, Sheet 2.
Serwatka Engineering
Joseph J. Serwatka, P. E.
b. Prepared By
c. Signed and Stamped by
2/10/05 with revisions made through 4120/05
1" = 20'
d. Final Revision Date
e. Scale
f. Additional Plan or Document Title
g. Date
9. Total WPA Fee Paid: $1, 100
$ 250.00 $ 850.00
a. Total Fee Paid
ATT A, State Fee Paid c. Cityrrown Fee Paid
A True Copy
P -"°L O SQ.v
wpeform5.doc• rev. 311/05 Town Clerk
Pape 1 of 9
Massachusetts Department of Environmental Protection
L-1
Bureau of Resource Protection - Wetlands
WPA Form 5 - Order of Conditions
Massachusetts Wetlands Protection Act M.G.L. c. 131, §40
B. Findings
1. Findings pursuant to the Massachusetts Wetlands Protection Act:
DEP File Number:
242-1300
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
d. ® Private Water Supply
b. ❑ Land Containing Shellfish c. Z Prevention of Pollution
e. ❑ Fisheries
f. ® Protection of Wildlife
Habitat
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)
Resource Area Proposed
Permitted Proposed
linear feet
Permitted
Alteration
Alteration Replacement
Replacement
s. ❑ Bank
a. linear feet
4. ❑ Bordering Vegetated
b. linear feet c. linear feet
d. linear feet
Wetland a. square feet
b. square feet c. square feet
d. square feet
5. ❑ Land Under a. square feet
Waterbodies and b. square feet c. square feet d. square feet
Waterways
e. cu.yd dredged f. cu.yd dredged
wpaform5.doc • rev. 311/05
Page 2 of 9
r
LlMassachusetts 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:
242-1300
Resource Area
Proposed
Permitted
Proposed
Alteration
Alteration
Replacement
6. ❑ Bordering Land
Land Under Salt
Ponds
Subject to Flooding
a. square feet
b. squarefeet
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
10. ❑ 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
Permitted
Replacement
d. square feet
h. cubic feet
f. cubic feet
f. square feet
c. cu.yd dredged d. cu.yd dredged
Indicate size under Coastal Beaches and/or Coastal Dunes below
a. square feet b. square feet C. c/y nourishmt. d. cly nourishmt.
a. square feet b. square feet c. c/y nourishmt. d. c/y nourishmt
a. linear feet
a. square feet
a. square feet
b. linear feet
c. square feet d. square feet
Shellfish a. square feet b. square feet c. square feet d. square feet
19. ❑ Fish Runs Indicate size under Coastal Banks, inland Bank, Land Under the
Ocean, and/or inland Land Under Waterbodies and Waterways,
above
20. '❑ Land Subject to
Coastal Storm Flowage
b. cu.yd dredged
wpaform5.doc • rev. 311/05
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:
242-1300
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.
8. 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, "MA DEP"]
"File Number
242-1300 "
wpa(orm5.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 242-1300
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. 3/1105 Page 5 of 9
Massachusetts Department of Environmental Protection DEP File Number:
Bureau of Resource Protection - Wetlands
}� WPA Form 5 - Order of Conditions 242-1300
Massachusetts Wetlands Protection Act M.G.L. c. 131, §40
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.
If you need more c. The special conditions relating to municipal ordinance or bylaw are as follows:
space for
additional See attached
conditions,
select box to
attach a text
document
wpaform5.doc - rev. 3/1/05 Page 6 of 9
DEP FILE # 242 -1300 (SFH)
Therefore, the North Andover Conservation Commission (hereafter the "NACU)
hereby finds that the following conditions are necessary, in accordance with the
Performance Standards set forth in the State Regulations, the local Bylaw and
Regulations, to protect those interests noted 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 U.3 (p.37) of t1w North
Andover Wetland Regulations).
C:\Winword\OOC\SFH, Winterkdoc I NACC 5/26/05
DEP FILE # 242 —1300 (SFH)
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.
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 of Conditions is issued . (ander File No. 242-1300.
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 construction of a single-family house with
associated site clearing and grading, installation of necessary appurtenances and
stormwater structures within the Buffer Zone to Bordering Vegetated Wetlands
(BVW) associated to a pond. The 12.90 -acre lot is also within the Lake
Cochichewick Watershed. This Order of Conditions and the submitted Notice of
Intent applies only to the single-family house and its associated activities. The
extension of the driveway/ roadway, utilities and drainage facilities relative to the
driveway was filed under a separate Notice of Intent filing, DEP File #242-1309,
and is not part of this Order.
29. The work shall conform to the following (except as noted in the remainder of this
document where revisions may be required):
Notice of Intent filed by:
Elias Claude (Applicant)
119 Hooker Farm Road
Salem, MA 03079
Date filed: February 24, 2005
Site Plans prepared by: Sheet 1, entitled, "Plan to Accompany a Notice of
Intent", prepared by Pembroke Land Survey Co., dated
February 10, 2005. Stamped and signed by Joseph J.
Serwatka, P.E.
uawmwora\wc\srti, winter5t.doc 2 NACC 5/26/05
DEP FILE # 242 —1300 (SFH)
Sheet 2 entitled, "Winter Street Improvements and
Watershed Special Permit Plan", prepared by Pembroke
Land Survey Co., dated February 10, 2005 with
revisions made through April 20, 2005. Stamped &
signed by Joseph Serwatka, P.E..
Other Documents: North Andover Conservation Commission Waiver Request
Form dated February 25, 2005.
Waiver Request Narrative, prepared by Joseph Serwatka,
P.E., dated February 25, 2005
Memorandum prepared by Jack Sullivan, P.E, Director of
Engineering, Town of North Andover, entitled "Winter
Street Watershed Special Permit, Elias Property", dated
April 28, 2005.
Email from Jack Sullivan, P.E., to Pamela Merrill,
Conservation Associate dated April 12, 2005, regarding the
oil/ sediment separator.
Email from Jack Sullivan, P.E., to Pamela Merrill,
Conservation Associate, dated May 4, 2005, regarding the
buoyancy calculations.
Operation & Maintenance
Plan prepared by: Joseph J. Serwatka, P.E., entitled, "Operation &
Maintenance Plan for Winter Street" and Buoyancy
Calculations for the Oil/ Sediment Separator. Cover
page dated April 20, 2005
30. The following wetland resource areas are affected by the proposed work: Buffer
Zone to Bordering Vegetated Wetland (BVW). These resource areas are significant
to the interests of the Act and Town Bylaw as noted above and therein. The
applicant has not attempted to overcome the presumption of significance of these
resource areas to the identified interests.
31. The NACC agrees with the applicant's delineation of the wetland resource areas on
the site as previously approved under an Order of Resource Area Delineation
(ORAD), DEP File #242-1251.
32. 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
C:\WinWord\OOC\SFH, WinterSt.doc 3 NACC 5/26/05
DEP FILE # 242 -1300 (SFH)
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 except as follows:
for portions of the driveway/ roadway and installation of utilities, as shown on
the approved site plan referenced herein. This will impact approximately 750 s.f.
of the 25' No Disturbance Zone. The Conservation Administrator and/or other
agents of the NACC do not have the authority to waive these setbacks as established
under the local bylaw. No disturbance of existing grade, soils or vegetation is
permitted in the No -Disturbance zone. (See Section 3.4 &. Appendix F of tate local
Regulations).
33. The NACC granted a waiver under DEP File #242-1309 for work within the
regulated 25' No Disturbance Zone and the 50' No Build Zone for the purposes of
constructing the driveway/ roadway and installing the underground utilities.
The NACC agrees with the applicant that they are limited by the existing layout
of Winter Street due to the existing field stonewall (property lines), and the
requirements governed by both the North Andover Department of Public Works
and the Planning Board. As such, there are no other feasible alternatives that will
have a lesser impact on the adjacent wetland resource area and its Buffer Zones.
34. The NACC finds the applicant's proposal for 1,500 s.f. of restoration (associated
with the impacts to the 25' No Disturbance Zone and 50' No Build Zone) to be
adequate. The proposal of five (5) Eastern Hemlock saplings (Tsuga canadensis) as
listed on record plan is also found to be adequate. However, the list of shrub
species as shown on the record plan, which includes burning bush,
rhododendron, and azalea shall be replaced with any twenty (20) of the following
species:
American cranberrybush (Vaccinium trilobum) (FACW)
Red chokeberry (Aronia arbutifolia) (FACW)
Black chokeberry (Aronia melancarpa) (FAC)
Shadblow/ Serviceberry (Amelanchier canadensis/arbores) (FAC)
Witch hazel (Hamamelis virginiana) (FAC-)
Bayberry (Myrica pensylvanica) (FAC)
Highbush Blueberry (Vaccinium corymbosum) (FACW)
Silky dogwood (Cornus amomum) (FACW)
Red -osier dogwood (Cornus sericea) (FACW+)
Alternate -leaved dogwood (Cornus amomum) (UPL)
The 25 restoration plantings shall not be grouped together in one dense location,
rather spread out and concentrated along the approved tree line to provide a
physical barrier along the limits of disturbance. The shrubs shall be planted on 10
-12' centers, and the Eastern hemlocks planted on 12 -15' centers.
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35. A qualified wetland scientist or botanist shall monitor the restoration area for two
(2) consecutive growing seasons (spring and fall) upon installation of the
plantings. At the end of each inspection, a progress report of the relative success
or failure of the restoration efforts must be prepared by the wetland scientist or
botanist, and submitted to the North Andover Conservation Commission (NACC).
A total of FOUR separate monitoring reports for the restoration area shall be
submitted over a two-year period. If at the end of the second growing season,
overall success of restoration activities is not achieved, the NACC reserves the
rights to require additional mitigation measures.
36. 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, the contractor will be held jointly
liable for any violation of this Order resulting from failure to comply with its
conditions.
37. The owners of the project and their successors in title, in the event they proceed to
alter areas subject to the Commission's 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 becomes the responsibility of the applicant or landowner.
38. 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
39. 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.
40. 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
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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.
41. 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 #242-1300."
42. Any changes in the submitted plans caused by the applicant, another Board's
decision or resulting from this Order of Conditions must be submitted to the
NACC for approval prior to implementation. If the NACC finds said changes to be
significant, the NACC will call for another public hearing (at the expense of the
applicant). Within 21 days of the close of said public hearing the NACC will issue an
amended or new 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.
43. 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.
44. Prior to any work commencing on-site, the applicant shall submit to the NACC for
approval, a detailed sequence of construction, including the construction of
compensation and retention areas, installation of sedimentation/ erosion control
devices and re -vegetation to be completed before other work begins on-site.
45. Wetland flagging shall be checked prior to start of construction and shall be re-
established where missing. All wetland flagging shall remain visible and
enumerated per the approved plan(s) throughout the life of the project and until a
Certificate of Compliance is issued so that erosion control measures can be properly
placed and wetland impacts can be monitored. The proposed limit of work shall be
shall be clearly marked with 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
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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.
46. A.row of staked hay bales backed by trenched siltation fence shall be placed
between all construction areas and wetlands. The erosion control barrier will be
properly installed and placed as shown on the plans approved and referenced
herein and shall be inspected and approved by the NACC 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 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 plans) referenced in this Order of Conditions. Should such
installation be required by the NACC, they shall be installed within 48 hours of the
Commission s request.
47. The applicant shall have on hand at the start of any soil disturbance, removal or
stockpiling, a minimum of 15 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.
48. A check payable to the Town of North Andover shall be provided in the amount of
$3,000, which shall be in all respects satisfactory to Town Counsel, Town Treasurer,
and the NACC, and shall be posted with the North Andover Town Treasurer
through the NACC before commencement of work. Said deposit of money shall be
conditioned on the completion of all conditions hereof, shall be signed by a party or
parties satisfactory to the NACC, and Town Counsel, and shall be released after
completion of the project, provided that provisions, satisfactory to the NACC, have
been made for performance of any conditions which are of continuing nature. The
applicant may propose a monetary release schedule keyed to completion of specific
portions of the project for the NACC's review and approval. This condition is
issued under the authority of the local Bylaw.
49. The applicant shall designate a Wetland Scientist as an "Environmental Monitor"
(EM) 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. This professional must submit a letter to the Conservation
Department, on company letterhead stating they have been retained as the
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project's Environmental Monitor. The designated Environmental Monitor is
subject to approval by the NACC. This person shall also be given the authority to
stop construction for erosion control purposes. The EM will be required to inspect
all such devices and oversee cleaning and the proper disposal of waste products.
Cleaning shall include removal of any entrapped silt. On every MONDAY of each
week, in which construction activities occurs on-site and for as long thereafter as
ground remains unstabilized, the applicant shall submit a written report from the
EM 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
EMC 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.
50. The EM 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.
51. Prior to construction, the applicant shall permanently mark the edge of the 75'
Conservation Zone associated with the Lake Cochichewick Watershed with nine
(9) signs or markers spaced evenly every 40 feet along the erosion control line,
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 available at the Conservation Department
for $2.00 per marker. The placement of said markers are subject to review and
approval by the Conservation staff. The applicant shall instruct all agents to
explain these markers to buyers / lessees / landscapers, and all persons taking over
the property from the applicant.
52. 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 Affidavit attached via "Appendix A" 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 before or
after to the closing of said land transaction.
53. 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, wetland scientist and the applicant to
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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).
STORMWATER MANAGEMENT CONDITIONS
54. All construction and post -construction stormwater management shall be conducted
in accordance with supporting documents and plans submitted with the Notice of
Intent, the Department of Environmental Protection Stormwater Management Policy
and as approved by the NACC in this Order of Conditions.
55. All stormwater best management practices shall be maintained as specified in the
Operation & Maintenance Plan for Winter Street, dated April 2005, prepared by
Joseph J. Serwatka, P.E. (Appendix B- attached) submitted with the Notice of
Intent and incorporated in said Order of Conditions. A Registered Professional
Civil Engineer shall provide evidence of maintenance associated with the
stormwater management structures to the NACC on an annual basis for two -
consecutive years upon installation of the structures. The homeowner/ landowner
shall be the responsible party, who must comply with, and be responsible for all
maintenance requirements outlined in the Operation & Maintenance Plan in
perpetuity. This condition shall be a continuing condition of this order, even after
a Certificate of Compliance is issued.
56. All roof runoff shall be directed to the groundwater recharge trench to provide
groundwater recharge, as shown on the approved plans referenced herein. This
shall be maintained in accordance with the above-mentioned Operation &
Maintenance Plan. This condition shall be a continuing condition of this order,
even after a Certificate of Compliance is issued.
57. There shall be no increase in the post development discharges from the storm
drainage system or any other changes in post development conditions that alter the
post development watershed boundaries as currently depicted in the Notice of
Intent and approved by this Order of Conditions, unless specifically approved in
writing by the Commission.
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58. Water quality down gradient of BVWs shall not differ significantly following
completion of the project from the pre -development conditions. There shall be no
sedimentation into wetlands or water bodies from discharge pipes or surface
runoff leaving the site.
59. The applicants, owners, and their successors and assignees, shall maintain all
culverts, collections basins, traps, outlet structures, subsurface storage areas, and
other elements of the drainage system, unless put into an easement to the Town of
North Andover, in order to avoid blockages and siltation which might cause failure
of the system and/or detrimental impacts to on-site or off-site resource areas, and
shall maintain the integrity of vegetative cover on the site.
DURING CONSTRUCTION
60. Accepted engineering and construction standards and procedures shall be followed
in the completion of the project.
61. IMPORTANT: Immediately upon completion of the dwelling foundation, and
prior to further construction activities associated with the site, the applicant shall
complete a plan prepared by a Registered Professional Land Surveyor of the
Commonwealth (P.L.S.) which accurately depicts the foundation location and it's
proximity to wetland resource areas as approved under this Order of Conditions.
Said plan shall be submitted to the Conservation Administrator for approval.
62. Upon beginning work, the applicant shall submit written progress reports every
month detailing what work has been done in or near resource areas, and what work
is anticipated to be done over the next period. This will update the construction
sequence.
63. A crushed stone construction entrance shall be established to minimize soil/
material tracking onto Winter Street and abutting catch basins. This entrance shall
be reinforced as necessary.
64. 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.
65. De -watering activities anticipated shall be supervised and witnessed by the
designated Environmental Monitor (EM). This designee must be on-site while
work specific to de -watering activities are occurring and until complete. Activities
shall be monitored daily by the ECM to ensure that sediment laden water is
appropriately settled prior to discharge toward the wetland resource areas. No
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discharge of water is allowed directly into an area subject to jurisdiction under the
MA Wetlands Protection Act and / or the North Andover Wetlands 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 tank or basin, to reduce turbidity prior to discharge into a
resource area.
66. 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.
67. No exposed area shall remain unfinished for more than thirty (30) days, unless
approved by the NACC.
68. 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.
69. 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 will 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 climate conditions allow for seeding.
70. The contractor will take all steps necessary to control dust onsite so that adverse
effects on adjacent resource areas and/ or habitat do not occur.
71. There shall be no stockpiling of soil or other materials within twenty-five (25) feet of
any resource area.
72. There shall be no construction vehicles stored; vehicle refueling, equipment
lubrication, or maintenance is to be done within 100 feet of any resource area.
73. Washings from concrete trucks, or surplus concrete, shall not be directed to, any
drainage system, or wetland resource area.
74. 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.
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75. 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.
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.
771. Fertilizers utilized for landscaping and lawn care shall be slow release, low
nitrogen types (< 5%), and shall not be used within 75 feet of a resource area.
Pesticides and herbicides shall NOT be used within 100 feet of a wetland resource
area. This condition shall survive this Order of Conditions and shall run with the
title of the property. This condition is issued under the authority of the Town's
Wetland Protection Bylaw and shall remain in perpetuity.
79. No road salt, sodium chloride, or other de-icing chemicals shall be used on paved
surfaces, and any arrangement for snow removal shall so stipulate due to the
importance of the site and wetlands. This condition is issued under the authority
of the Town's Wetland Protection Bylaw and shall remain in perpetuity.
7 7,. 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 tatter course is
chosen, stabilization will be considered complete once vegetative cover has been
achieved. .
5A. Upon approval by Conservation Staff and site stabilization, the erosion controls
can be removed and properly disposed of. All exposed areas underneath the
erosion control shall be seeded for permanent stabilization.
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.
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d. Signed statements from the individual property owners shall be submitted
with the request for a Certificate of Compliance indicating that they read and
understood the recorded Order of Conditions prior to purchasing their
property.
e. The name and address of the individual/ trust or corporation to whom the
compliance is to be granted.
f. The street address and assessor's map/ parcel number for the project.
g. The DEP file number.
h. A written statement from a Registered Professional Civil Engineer (and/or
Registered Professional Land Surveyor) of the Commonwealth certifying
that the work has been conducted as shown on the plan(s) and documents
referenced above, and as conditioned by the Commission.
i. An "As -Built" plan prepared and signed and stamped by a Registered
Professional Civil Engineer (and/or Registered Professional Land Surveyor)
of the Commonwealth, for the public record. This plan will include:
➢ "As -Built" post -development elevations of all drainage & stormwater
management structures constructed within 100 feet of any wetland
resource area. NOTE: If portions of the stormwater systems exist
partially within the Buffer Zone than the entire structure must be
depicted to accurately verify compliance.
"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 Au disturbance of soils or
vegetation.
➢ Location of all subsurface utilities entering the property.
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W1. The following special conditions shall survive the issuance of a Certificate of
Compliance (COC) for this project:
➢ 25' No -Disturbance Zone and a 50' No -Construction Zone shall be
established from the edge of adjacent wetland resource areas except in
those locations approved under this filing. Future work within 100' of
existing wetland 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 #32);
➢ Maintenance of all stormwater structures (Condition #55,* S1,. s 59)'
1
➢ Discharge or spillage of pollutants (Condition # 7S);
➢ Prohibition of underground fuels (Condition #76);
➢ Limitations on the use of fertilizers, herbicides, road salts, de-icing
compounds and pesticides (Conditions #77 & 78).
➢ Appendix B: entitled, "Operation & Maintenance Plan & Bouyancy
Calculations for Winter Street", dated April 2005, prepared by Joseph
J. Serwatka, P.E. No additional filings will be required to conduct
maintenance of the above referenced system and plan.
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DEP FILE # 242 —1300 (SFH)
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
(applicant's name)
the applicant upon whom the Order of Conditions have been
(DEP or NACC File #)
placed upon by the North Andover Conservation Commission (NACC).
2) I am the
and / or
(position with owner)
of
the owner upon whose land Order of Conditions
placed upon by the NACC.
(owner)
(DEP or NACC File #)
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
CAWinword\OOC\SFH, WinterSt.doc
15
20
(Authorized agent of applicant or owner)
NACC 5/26/05
DEP FILE # 242 -1300 (SFH)
APPENDIX B
OPERATION & MAINTENANCE PLAN
And
BOUYANCY CALCULATIONS
FOR
WINTER STREET
Dated April 20, 2005
Prepared By:
Joseph J. Serwatka, P.E.
C:\Winword\OOC\SFH, WinterSt.doc
16 NACC 5r'26/05
Joseph J. Serwatka, P.E.
Post Office Box 1016
North Andover, MA
978-683-6595
April 20, 2005
North Andover Conservation Commission
400 Osgood Street
North Andover, MA 01845
Re: Winter Street
Notices of Intent
RECEIVED
APR 2 5 2005
NORTH ANDOVER
CONSERVATION COMMISSION
rG
FILE oy
Dear Commission Members:
We have submitted revised plans for Winter Street dated April 20, 2005. The
revisions are based on our last meeting with you. The revisions areas follows:
1. The roadway has been moved slightly to the north as it passes through the
buffer zone. This reduces the impact in the 25 zone, and provides more buffer
to the wetlands.
s.farea has been
2. to 1,500 tla mitigation n shown adjacent to the grassed basin to
n the 25' no -disturb zone. This is a 2:1
account for proposed activity withi
mitigation for the proposed work. A planting list has been added.
3. We have added the distances from the proposed dwelling to the edge of
wetlands, as requested.
4. The oil/sediment separator detail has been added to the plan.
5. An operation and maintenance plan was submitted to your staff, as requested.
6. Bouyancy calculations have been provided for the oil/sediment separator, per
you request.
We look forward to meeting with the Commisconcerning aplease contact
iscuss t his
project again. Should you have any questions g this letter,
me.
OPERATION & MAINTENANCE PLAN
FOR
WINTER STREET
MAP 103, LOT 120
GRASSED BASIN
As a minimum, basin will be inspected after every major storm event for the first few
months, after being seeded, .to Ensure functionality. Thereafter, inspections should take
place every six months in the spring and fall and after every major storm event. The grass
areas should be inspected for slope integrity, soil moisture, vegetative health, soil
stability, soil compaction and soil erosion. Grass that is showing wear or erosion will be
foamed, seeded, mulched, and fertilized as necessary.to prevent further erosion from
taking place.
Grassed basin will be cleared of accumulated sediment, grass clippings, leaves, trash and
will be mowed when deemed.necessary_ Collected -debris will he composted or properly
disposed of at the city/town landfill.
SEDIMENT AND OIL SEPARATOR
The separator should be inspected every six months to determine the rate of sediment and
floatables accumulation. When approximately one and one half to two feet of sediment
depth has accumulated, the contents should be removed by means of hand held shovels,
scallop shovel, or vactor trucks_ As a minimum, it is recommended that the separator be
cleaned annually. Collected sediments, oils and debris shall be properly disposed of, per
state and federal requirements, at the city/town landfill.
INFILTRATOR CHAMBERS
To prevent clogging of chambers, roof gutters and downspouts should be inspected and
cleaned at least annually. Observations .should be made to verify that there are not
frequent overflows from the roof downspouts during more regular storm events. This
could be an indicator of trench failure.
STONE INFILTRATION TRENCHES
At a minimum, trenches shall be inspected after every major storm event for the first
twelve months, after construction, to ensure they are stabilized and functioning properly.
Thereafter, inspections should take place every six months and after every major storm
event. Accumulated leaves, trash, grass clippings shall be removed as necessary and
composted or properly disposed of at the city/town landfill
Ponding water could be a sign of trench failure. If standing water is observed for more
than five to seven days after a rainfall event, the section of the infiltration trench that is
failing shall be replaced with similar materials. The bottom should be scarified or tilled to
help induce infiltration at the contact zone of the receiving soils.
0
�D d5,�Go d ,U x,13 6cl�l-7`
Jig' c SlON—AL_ r�,��Gpd
LlMassachusetts 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:
242-1300
This Order is valid for three years, unless otherwise specified as a special S 0 7t�5
condition pursuant to General Conditions #4, from the date of issuance. 1. Date of issuince
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 De of
Environmental Protection Regional Office, if not filing electronically, andthe rty owner, if different
frnm annlirant
Sig
Notary Acknowledgement
Commonwealth of Massachusetts County of
On this Day `� ; of
Before me, the undersigned Notary Public,
personally appeared
Essex North
M(L V ?Co's
Month Year
SGo/f %l14 �
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.
Nlnrfh Anrinvcr
As member of
City/Town
IooNw KWEM
In
Place notary seal and/or any stamp above
This Order is issued to the applicant as follows:
❑ by hand delivery on
Date
Conservation Commission
1
C
Signature of Notary Public /I/
Printed Name of/Notary Public
-/ 7< n7DC1
My Commissioh Expires (Date)
dby certified mail, return receipt requested, on
_s ,
Date
wpaform5.doc - rev. 3/1/05 Page 7 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
WA
F. Appeals
DEP File Number:
242-1300
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.
Page B of 9
wpaform5.doc • rev. 311105
Town of North Andover
Office _of the Zoning Board of Appeals
Community Development and Services Division
27 Charles Street
. X11 °��n° ✓°r�
North Andover, Massachusetts 01845 'sswCHUstt
D. Robert Nicetta. Telephone (978) 688-9541
Building Commissioner This is to�M-gt�jjj Wt W days
have elapsed from date of decision, filed
without filing of an ppeal.
Any al shall be filed Notice of Decision Date- a a.� DS'
y appeal Joyce & 8radsthaw
within (20) days after the Year 2004 Town 01@1#
date of filing of this notice
:,. rho ..r:9— nftha Tnwn rlprk Property at: for premises at: Winter Street
The North Andover Board of Appeals held a public hearing at its regular meeting on Tuesday, July 13, 2Q04
at 7:30 PM in the Senior Center, 120R Main Street, North Andover, Massachusetts upon the application q;
Claude & Laura Elias, 119 Hooker Farm Road, Salem, NH, for premises at: Winter Street (Map 103 Parcel
/ ��✓ 120) North Andover, requesting Variance from Section 7, Paragraphs 7. 1.1 for Contiguous Buildable Area;
7.2 & Table 2, for Street Frontage, and 7.3 & Table 2 for dimensional relief of yard setbacks in order to ,;;
construct a single-family home. Said premises affected is property with frontage on the South side of Wihibr
Street v,ithin the R-1 zoning district. The legal notices were published in the Eagle Tribune on May 24;&_
, _1,
2004. ,
The following members were present: John M. Pallone, Ellen P. McIntyre, Joseph D. LaGrasse, and Ric*
J. Byers.
Upon a motion by John M. Pallone and 2°d by Richard J. Byers, the Board voted to GRANT the dimensional
Variance from Section 7, Paragraph 7. 1.1 of the Zoning Bylaw for relief of 9,190 sq. ft. of contiguous
buildable area per Plan of Land in North Andover, Massachusetts as prepared for Santo & Anne Messina,
Date May 4, 2004, Revisions 5/18/04 Added Sheet 2, 7/13/04 Req'd Buildable Area Note Added, Job No. 04-
27 F. B. 69/02, by Joseph J. Serwatka, Registered Professional Civil Engineer #36981, Pembroke Land
Survey Co., P. O. Box 205, Salem, New Hampshire 03079, on the following conditions:
1. DPW extends Winter Street along the frontage Hue of Map 103, Parcel 120.
2. The Mylar shall consolidate the information from the above May 4, 2004, and 7/13/04 revision
sheets 1 & 2 in order to show the proposed building envelope, the building's dimensions and
setbacks from the lot lines, the available contiguous buildable area and the Registered
Professional seal
3. This lot, Map 103 Parcel 120, shall not be further subdivided.
4. Claude & Laura Elias shall submit a letter of authorization from Santo & Anne Messina for
the ZBA files.
Voting in favor: John M. Pallone, Ellen P. McIntyre, Joseph D. LaGrasse, and Richard J. Byers.
�-a
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N
0
w
The Board finds that the 7/13/04 Sheet 2, the proposed building envelope as shown does not require relief
from Section 7, Paragraph 7.3 and Table 2 and if Winter Street is extended, then the applicant does nolPi.eeed
relief from Section 7, Paragraph 7.2 and Table 2. Also, the Board finds that the applicant has satisfiedc ie
provisions of Section 10, paragraph 10.4 of the Zoning Bylaw and that the granting of this variance wiW_not
adversely affect the neighborhood or derogate from the intent and purpose of the Zoning Bylaw. ` _
N
Pagel of 2 T
rn
_:.
ATTEST:
\ 'Prue Copy -F :wUi
Town Clerk
Board of Appeals 978-688-9541 Building 978-688-9545 Conservation 978-688-9530. Health 978-688-9540 Planning 978-688-9535
uNAME:w V�Claude & Laura Elias, 119 Hooker Farm
Road, Salem, NH -
HEARING(S): June 8 & July 13, 2004
ADDRESS: for premises at: Winter Street
PETITION: 2004-013
North Andover, MA 01845
TYPING DATE: July 21, 2004
The North Andover Board of Appeals held a public hearing at its regular meeting on Tuesday, July 13, 2Q04
at 7:30 PM in the Senior Center, 120R Main Street, North Andover, Massachusetts upon the application q;
Claude & Laura Elias, 119 Hooker Farm Road, Salem, NH, for premises at: Winter Street (Map 103 Parcel
/ ��✓ 120) North Andover, requesting Variance from Section 7, Paragraphs 7. 1.1 for Contiguous Buildable Area;
7.2 & Table 2, for Street Frontage, and 7.3 & Table 2 for dimensional relief of yard setbacks in order to ,;;
construct a single-family home. Said premises affected is property with frontage on the South side of Wihibr
Street v,ithin the R-1 zoning district. The legal notices were published in the Eagle Tribune on May 24;&_
, _1,
2004. ,
The following members were present: John M. Pallone, Ellen P. McIntyre, Joseph D. LaGrasse, and Ric*
J. Byers.
Upon a motion by John M. Pallone and 2°d by Richard J. Byers, the Board voted to GRANT the dimensional
Variance from Section 7, Paragraph 7. 1.1 of the Zoning Bylaw for relief of 9,190 sq. ft. of contiguous
buildable area per Plan of Land in North Andover, Massachusetts as prepared for Santo & Anne Messina,
Date May 4, 2004, Revisions 5/18/04 Added Sheet 2, 7/13/04 Req'd Buildable Area Note Added, Job No. 04-
27 F. B. 69/02, by Joseph J. Serwatka, Registered Professional Civil Engineer #36981, Pembroke Land
Survey Co., P. O. Box 205, Salem, New Hampshire 03079, on the following conditions:
1. DPW extends Winter Street along the frontage Hue of Map 103, Parcel 120.
2. The Mylar shall consolidate the information from the above May 4, 2004, and 7/13/04 revision
sheets 1 & 2 in order to show the proposed building envelope, the building's dimensions and
setbacks from the lot lines, the available contiguous buildable area and the Registered
Professional seal
3. This lot, Map 103 Parcel 120, shall not be further subdivided.
4. Claude & Laura Elias shall submit a letter of authorization from Santo & Anne Messina for
the ZBA files.
Voting in favor: John M. Pallone, Ellen P. McIntyre, Joseph D. LaGrasse, and Richard J. Byers.
�-a
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The Board finds that the 7/13/04 Sheet 2, the proposed building envelope as shown does not require relief
from Section 7, Paragraph 7.3 and Table 2 and if Winter Street is extended, then the applicant does nolPi.eeed
relief from Section 7, Paragraph 7.2 and Table 2. Also, the Board finds that the applicant has satisfiedc ie
provisions of Section 10, paragraph 10.4 of the Zoning Bylaw and that the granting of this variance wiW_not
adversely affect the neighborhood or derogate from the intent and purpose of the Zoning Bylaw. ` _
N
Pagel of 2 T
rn
_:.
ATTEST:
\ 'Prue Copy -F :wUi
Town Clerk
Board of Appeals 978-688-9541 Building 978-688-9545 Conservation 978-688-9530. Health 978-688-9540 Planning 978-688-9535
Town of North Andover
Office, of the Zoning Board of Appeals
Community Development and Services Division
27 Charles Street
North Andover, Massachusetts 01845
D. Robert Nicetta ' Telephone (978) 688-9541
Building Commissioner Fax (978) 688-9542
Furthermore, if the rights authorized by the Variance are not exercised within one (1) year of the date of the
grant, it shall lapse, and may be re-established only after notice, and a new hearing. Furthermore, if a Special
Permit granted under the provisions contained herein shall be deemed to have lapsed after a two (2) year
period from the date on which the Special Permit was granted unless substantial use or construction has
commenced, it shall lapse and may be re-established only after notice, and a new hearing.
Town of North Andover
Board of Appeals,
U
Ellen P. McIntyre, Chair
2004-013.
M103P120.
Page 2 of 2
` Board of Appeals 978-688-9541 Building 978-688-9545 Conservation 978-688-9530 Health 978-688-9540 Planning 978-688-9535
Town of North Andover
Office of the Zoning Board of Appeals
Community Development and Services Division
400 Osgood Street
North Andover, ?vlassarhusetts 01845
D. Robert Nicctta
Building Canmissioner
Joseph J. Serwatka, P.E.
Post Office Box 1016
North Andover, Massachusetts
01845-1016
RE: Winter Street, Map 103, Parcel 120
North Andover, Massachusetts 01845
Telephone (1)78) 688-9541
Fax (978) 688-9542
June 16, 2005
Regarding your request for a six (6) month extension of your Variance 2004-013:
.
-� M r -t
pm
—b{
.� . rn Q:Til
>n Cn v
_7 A
r-1
Please be advised that the Zoning Board of Appeals approved a six (6) month extension relative to the;
premises affected at Winter Street, Map 103, Parcel 120, North Andover, Massachusetts. "
The Zoning Board of Appeals voted to extend for a period of six -months the Variance granted by the;2'004-
013 decision from July 13, 2005 to December 13, 2005 at the regular June 14, 2005 meeting upon axtiotion 1
by Richard J. Byers and 2' d by Thomas D. Ippolito. Mass. Gen. L., ch. 40A, § 10 allows the Variance=.
permit granting authority to "extend the time for exercise of such rights for a period not to exceed sig-"",
months". Voting in favor: Ellen P. McIntyre, Joseph D. LaGrasse, Richard J. Byers, Albert P. Ma&431I,
and Thomas D. Ippolito. ->
M
U) J
cc: Town Clerk
ZBA file 2004-013 & 035
M103P120.
Ellen P. McIntyre, Chair
Zoning Board of Appeals cm
w
Uj
co
ATTEs•r:
A True Copy
Town Clerk
Board of Appeals 978- 688-9541 Building 978-688-9545 Conservation 9-18-688-9530 Health 978-688-9540 Planning 978-688-9535
Town of North Andover
Office of the Zoning Board of Appeals,
Community Development and Services Division
400 Osgood Street
North Andover, Massachusetts 01845
D. Robert Nicetta
Building Commissioner
Telephone (978) 688-9541
Fax (978)688-9542
Furtbermmr+e, if the rights authorized by the Variance are not exercised within one (1) year of the date of
the grant, it shall lapses and may be re-established only after notice, and a new hearing. Furthermore, if a
Special Permit granted under the provisions contained herein shall be deemed to have lapsed after a two (2)
year period from the date on which the Special Permit was granted unless substantial use or construction
has commenced, it shall lapse and may be re-established only after notice, and a new hearing.
Town of North Andover
Board of Appeals,
Ellen P. McIntyre, it
Decision 2004035.
M103PI20.
Page 2 of 2
Board of Appeals 978- 688-9541 Building 978-688-9545 Conservation 978-688-9530 Health 978-688-9340 Planning 978-688-9535
JC/
Town of North Andover w
Office of the Planning Department 1�C5#�V
CommunityDevelopment and SERM
ervices Di ` ��-
p . Y7 -J, vi)
400 Osgood Street
North Andover, Massachusetts 018450.
+lid Jv;,5
http://www town ofnorthandover.com
Lincoln Valley
Town Planner
P (978) 688-9535
F (978) 688-9542
Any appeal shall be filed
within (20) days after the
date of filing this Notice
in the office of the Town
Clerk.
NOTICE OF DECISION
This is to certify that twenty (20) days
have elapsed from date of decision, filed
without filing of an . eat.
Date��
Joyce A, 911011ew
Town Clerk
Date: July 22, 2005
Date of Hearings: Apri15, thru May 17, 2005
Petition of: Claude & Laura Elias.
119 Hooker Farm Road, Salem, N.H. 03079
Premises Affected: 9 Winter Street
Map 103, Lot 120 =�
Referring to the above petition for a Watershed Special Permit from the requirements ofr
the North Andover Zoning Bylaw, Section 4.136. F
M
CD
So as to allow the construction of a single family dwelling within the Watershed with
roadway, driveway, installation of utilities, grading and storm, water management and
erosion control measures, for the purpose of creating a 500' +:paved private roadway to a
proposed single-family dwelling unit located on -Winter Street, Map 103, Lot 120.
At a public hearing given on May 17, 2005 the Planning Board voted to APPROVE a
Watershed Special Permit, upon a motion made by Richard Nardella (regular member
May 05), 2nd by James Phinney, with language as amended, vote was unanimous 4-0.
_ Signed:
Lincoln Dale�To, Planner,
cc: Applicant for the Planning Board
Engineer
Abutters
Town Departments
ATTEST;
EST;
A 'Prue Copy
CJ z�rvsYi,�p„�.
Town Clerk
BOARD OF APPEALS 688-9541 BUILDING 688-9545 CONSERVATION 688-9530 HEALTH 688-9540 PLANNING 688-9535
J
N
0
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w
v -- Watershed Special Permit — Construction of Single -Family Residence . _ Map 103, Lot 20
Conditional Approval
Winter Street
The Planning Board hereby grants the Watershed Protection District Special Permit, and makes
the following findings based on the application of Claude & Laura Elias, 119 Hooker Farm
Road, Salem, NH 03079, who submitted this application on March 3, 2005. The applicant
submitted a complete application which was noticed and reviewed in accordance with Section
4.136, 10.3, and 10.31 of the Town of North Andover Zoning Bylaw and MGL c.40A, sec. 9.
The area affected includes Map 103, Lot 20 (identified as 0 Winter Street) and a portion of the
unimproved section of Winter Street in the R-1 Zoning District. The applicant is requesting a
Watershed Special Permit to allow certain work related to the construction of a single-family
dwelling unit, associated driveway, and related grading in the Non -Disturbance Zone of the
Watershed Protection District. The parcel was created in 1997 and is subject to the Watershed
Protection District provision for lot created after October 24, 1994.
In accordance with 4.136 the Planning Board makes the finding that the intent of the Bylaw, as well
as its specific criteria, are meta Specifically 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 significant degradation of the quality or quantity of water in or entering Lake
Cochichewick. The Planning Board bases this finding on the following facts:
a) The proposed structure will be connected to Town water and sewer systems. In accordance
with the Zoning Board of Appeals' decisions issued July 21, 2004, the proposed single-
family dwelling unit will be the last residential unit allowed for Map 103, Lot 120. Said
parcel will not be further subdivided;
b) A deed restriction will be placed restricting the types of chemicals (fertilizers, pesticides,
herbicides, salts) that can be used on the private roadway and on the site;
c) The topography of the site and existing unimproved section of Winter Street will not be.
altered substantially;
d) The construction of the single-family dwelling will be restricted to the limits of the
Conservation Zone as depicted on said plans below and the allowable contiguous buildable
area stated in the Zoning Board of Appeals' decision issued July 21, 2004;
e) Certification has been provided by a registered professional engineer that the single-family
residential dwelling unit and associated driveway will not have an effect on the quality or
quantity of runoff entering the watershed protection district;
f) The construction of the single-family residential dwelling unit and associated driveway has
been reviewed by the Town's Engineer and with the application of the erosion control
measures, there will be negligible degradation to the quality or quantity of water in or
entering Lake Cochichewick or any wetlands.
Page 2 of 5
&- - - - - Watershed Special Permit — Construction of Single -Family Residence Map 103, Lot 20
Conditional Approval
Winter Street
2. There is no reasonable alternative location outside the Non -Disturbance Zones for any
discharge or construction activity.
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 zone;
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 meets the minimum lot area requirements for a lot within the R-1 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 conditions:
1) SPECIAL CONDITIONS:
a) The Town Planner shall approve any changes made to the plans referenced below. Any
changes deemed substantial by the Town Planner would require a public hearing and
modification by the Planning Board.
b) Erosion Control Monitor: The applicant must retain the services of an Erosion Control
Monitor to inspect the site during construction activities, specifically during installation
of the driveway and utility connections. The Erosion Control Monitor shall conduct
weekly inspections and provide a monthly written report of the site conditions and
recommended stabilization measures. Disturbed slopes shall be immediately seeded; and
c) The single-family dwelling must contain a residential fire sprinkler system. The plans and
hydraulic calculations for each residential system shall be submitted for review and
approval by the North Andover Fire Department. Plans and hydraulic calculations for
.each residential system must also be supplied to the Building Department.
d) This permit shall meet all of the requirements and conditions stated in the Definitive
Subdivision Plan Decision issued March 17, 2005 for Map 103, Lot 120.
Page 3 of 5
✓ Watershed Special Permit— Construction of Single -Family Residence _____Nap 103, Lot 20
Conditional Approval
Winter Street
2) Prior to issuance of a building permit:
a) A performance guarantee of $1,0.00.00 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) All erosion control and stormwater management measures as shown on the plan must be in
place and reviewed by the Town Planner.
c) No pesticides, fertilizers, salts, or other chemicals will be used on the site. 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.
3) 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 mitigation trenches,
sediment and oil separator, private roadway layout, 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.
4) In no instance shall the applicant's proposed construction be allowed to further impact the site
other than as proposed on the planreferenced below.
5) No open burning shall be done except as is permitted during burning season under the Fire
Department regulations.
6) The Contractor shall contact Dig Safe at least 72 hours prior to commencing excavation.
7) 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.
8) This permit shall be deemed to have lapsed after a two- (2) year period from the date May
17, 2005 on which the Special Permit was issued, unless substantial use or construction has
commenced.
9) 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: "Winter Street Improvements and Watershed Special Permit Plan"
Page 4 of 5
Watershed Special Permit— Construction of Single -Family Residence -------- Map. 103, Lot, 20
Conditional Approval
Winter Street
Prepared for: Claude & Laura Elias
Prepared by: Joseph J. Serwatka, P.E.
P.O. Box 1016
North Andover, MA 01845
Scale:
Sheets: 1 and 2
Date: April 20, 2005 and revised June 6, 2005
cc. Conservation Administrator
Director of Public Works
Health Administrator
Building Inspector
Police Chief
Fire Chief
Applicant
Engineer
Abutters
Assessor
DPW
File
Page 5 of 5
Ole
Lincoln Daley
Town Planner
P (978) 68&9535
F (978) 688-912
Town of North. Andover
Office of the PlanningDe RECEIVE@
Department JOYCE BRADSHAW
Community Development and Services Divid dl a 1 L E R K
400 Osgood Street
North Andover, Massachusetts 01845 1704 15�
hU://www.townofnorthandaver.com
NOTICE OF DECISION
4
Any appeal shall be filed
within (20) days after the
_
date of filing this Notice
in the office of the Town Date: July 22, 2005
n Clerk. Date of Hearings: April 5, thru May 17, 2005
,
Petition of Claude & Laum Elias.
119 Hooker Farm Road, Salem, N.H. 03079
rri
D
Premises Affected: 9 Winter Street
th
Map 103, Lot 120
Referring to the above petition for a Watershed Special Permit from the requirements of
the North Andover Zoning Bylaw, Section 4.136.
So as to allow the construction of a single family dwelling within the Watershed with
roadway, driveway, installation of utilities, grading and storm water management and
erosion control measures, for the purpose of creating a 500' + paved private roadway to a
proposed single-family dwelling unit located on Winter Street, Map 103, Lot 120.
At a public hearing given on May 17, 2005 the Planning Board voted to APPROVE a
Watershed Special Permit, upon a motion made by Richard Nardella (regular member
May 05), 2°d by James Phinney, with language as amended, vote was unanimous 4-0.
Signed:
Lincoln Daley, To Planner,
cc: Applicant for the Planning Board
Engineer
Abutters
Town Departments
N
c.�
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N
CIl
0
LU
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w
ATTEST: This is to certify that twenty (20) days
have elapsed from date of decision, filed
A True Copy without filing of an appeal.
Date
Joyce A: Bradshaw �--
Town Clerk f®lin 010
BOARD OF APPEALS 6884541 BUILDING 6884545 CONSERVATION 633-9530 HEALTH 68&4540 PLANNING M-9535
The Planning Board hereby grants the Watershed Protection District Special Permit, and makes
the following findings based on the application of Claude & Laura Elias, 119 Hooker Farm
Road, Salem, NH 03079, who submitted this application on March 3, 2005. The applicant
submitted a complete application which was noticed and reviewed -in accordance with Section
4.136,10.3, and 10.31 of the Town of North Andover Zoning Bylaw and MGL c.40A, sec. 9.
The area affected includes the unimproved section of Winter Street in the R-1 Zoning District
and is identified as 0 Winter Street, Map 103, Lot 120. The applicant is requesting a watershed
special permit to permit certain work related to the construction of 12' x 500'+ impervious
private roadway ("driveway") and related grading in the Conservation, Non -Discharge, and Non -
Disturbance Zone of the Watershed Protection District. The purpose of the project is to create an
access roadway to the single-family residential dwelling unit located on Map 103, Lot 120. The
parcel was created in 1997 and is subject to the Watershed Protection District provision for lot
created after October 24, 1994.
1n accordance with 4.136 the Planning Board makes the finding that the intent of the Bylaw, as well
as its specific criteria, are met. Specifically 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 significant degradation of the quality or quantity of water in or entering Lake
Cochichewick. The Planning Board bases this finding on the following facts:
a) The proposed permanent roadway, asphalt berm, water main, hydrant, and drainage
infrastructure will remain private and be maintained in perpetuity by the owner of the
subject lot, Map 103, Lot 120 and is subject to all of the conditions set forth in the approved
Definitive Subdivision decision dated March 17, 2005.
b) A deed restriction will be placed restricting the types of chemicals (fertilizers, pesticides,
herbicides, and salts) that can be used on the private roadway.
c) The topography of the existing unimproved section of Winter Street will not be altered
substantially. The roadway design allows for minimal wetland impacts and is designed to
follow the contours and topography of the existing unimproved section of Winter Street.
d) The construction of roadway improvements will be limited to the area within the existing
stonewalls along Winter Street. Said roadway was designed to limit of disturbance and
impact on the bordering water resource areas and will not exceed twelve (12) feet in width
of impervious surface.
e) Certification has been provided by a registered professional engineer that the single-family
residential dwelling unit and associated driveway will not have an effect on the quality or
quantity of runoff entering the watershed protection district.
f) The construction of the single-family residential dwelling unit and associated driveway has
been reviewed by the Town's Engineer and with the application of the erosion control
Watershed Special Permit — Winter Street Roadway Improvements
Conditional Approval
Winter Street
Map 103, Lot 20
measures, there will be negligible degradation to the quality or quantity of water in or
entering Lake Cochichewick or any water resources areas.
2. There is no reasonable alternative location outside the Conservation, Non -Discharge, and Non -
Disturbance Zones for any discharge or construction activity.
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 zone;
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 meets the minimum lot area requirements for a lot within the R-1 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 conditions:
1) SPECIAL CONDITIONS:
a) 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.
b) Erosion Control Monitor: The applicant must retain the services of an Erosion Control
Monitor to inspect the site during construction activities, specifically during installation
of the driveway and utility connections. The Erosion Control Monitor shall conduct
weekly inspections and provide a monthly written report of the site conditions and
recommended stabilization measures. Disturbed slopes shall be immediately seeded.
c) This permit shall meet all of the requirements and conditions stated in the Definitive
Subdivision Plan Decision issued March 17, 2005 for Map 103, Lot 120.
2) PRIOR TO ISSUANCE OF A BUILDING PERMIT:
Page 3 of 5
1
Watershed Special Permit — Winter Street Roadway Improvements Map 103, Lot 20
Conditional Approval
Winter Street.
a) A performance guarantee of $1,000.00 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) All erosion control and stormwater management measures as shown on the plan must be in
place and reviewed by the Town Planner.
c) No pesticides, fertilizers, salts, or other chemicals shall be applied within the right-of-way or
directly to the private roadway. 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.
3) 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 mitigation trenches,
sediment and oil separator, private roadway layout, 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.
4) In no instance shall the applicant's proposed construction be allowed to further impact the site
other than as proposed on the plan referenced below.
5) No open bunting shall be done except as is permitted during burning season under the Fire
Department regulations.
6) The Contractor shall contact Dig Safe at least 72 hours prior to commencing excavation.
7) 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.
8) This permit shall be deemed to have lapsed after a two- (2) year period from the date May
17, 2005 on which the Special Permit was issued, unless substantial use or construction has
commenced.
9) This decision must be filed with the North Essex. Registry. of Deeds. The following
information is included as part of this decision:
a) Prepared for: Claude & Laura Elias
Prepared by: 'Joseph J. Serwatka, P.E.
Page 4 of 5
Watershed Special Permit — Winter Street Roadway Improvements
Conditional Approval
Winter Street
P.O. Box 1016
North Andover, MA 01845
Scale: 1„ = 20'
Sheets: 1 and 2
Date: April 20, 2005 and revised June 6, 2005
CC. Conservation Administrator
Director of Public Works
Health Administrator
Building Inspector
Police Chief
Fire Chief
Applicant
Engineer
Abutters
Assessor
DPW
File
Page 5 of 5
Map 103, Lot 20
Lincoln Daley
Town Planner
P (978) 688-9535
F (978) 688-9542
Town of North Andover -.
Office of the Planning Departmentllg,�E,;RAg.HI
Community Development and Services Dhx7 `ti's r
400 Osgood Street
North Andover, Massachusetts 01845 !n.,
http://www.townofnorthandover.com
NOTICE OF DECISION
is io certify that twenty (20) days
�!a^sed from date of decision, filed
•�;etnoui fi:in0 of an a peal.
Date —7, a04S
Joyce A. Bradshaw
Town Clark
Any appeal shall be filed
within (20) days after the
date of filing this Notice
in the office of the Town Date: July 22, 2005
Clerk. Date of Hearings: April 5, thra May 17, 2005
Petition of: Claude & Laura Elias
119 Hooker Farm Road, Salem, N.H. 03079
Premises Affected: 9 Winter Street
Map 103, Lot 120
Referring to the above petition for a. Definitive Subdivision. The application was
determined to be complete and was noticed and reviewed in accordance with the
procedures for review and approval in accordance with the Rules & Regulations
Governing the Subdivision of Land and M.G.L. c 41 (the "Subdivision Control Law")
So as to allow the construction of street improvements, installation of storm water
management and erosion control measures, installation of underground utilities to the
unimproved section of Winter Street for the purpose of creating a 500'+ paved private
roadway to a proposed single-family dwelling unit located on Map 103, Lot 120.
r--
Cal
C3
At a public hearing given or—May 17, 2005 the Planning Board voted to APPROVE a
Definitive Subdivision, upon a motion made by Richard Nardella (regular member May
05), 2nd by James Phinney, with language as amended, vote was unanimous 4-0.
Signed: 1J��
vLincoln Daley, Town Planner,
cc: Applicant for the Planning Board
Engineer
Abutters
Town Departments
ATTEST:
/X True Copy
Town Clerk .
&&ARD OF APPEALS 688-9541 BUILDING 688-9545 CONSERVATION 688-9530 HEALTH 688-9540 PLANNING 688-9535
ca
w
w
N
_Winter Street Definitive Subdivision Map 103, Lot 20
-------- Conditional Approval --_--- — _--- ----_- - ----
Winter Street
The Planning Board, by unanimous vote, herein APPROVES the Definitive Subdivision for the
improvements to the unimproved section of Winter Street for the purpose of creating a 500'+
private roadway to a single-family dwelling unit located on Map 103, Lot 120. Claude & Laura
Elias, 119 Hooker Farm Road, Salem, NH 03079, submitted this application on March 14, 2005.
The application was determined to be complete and was noticed and reviewed in accordance
with the procedures for review and approval in accordance with the Rules and Regulations
Governing the Subdivision of Land and M.G.L. c. 41 (the "Subdivision Control Law). The area
affected is located off Winter Street in the Residential 1 (R1) Zoning District and is shown on
Assessors Map 103, Lot 120.
The Planning Board makes the following findings as required by the Rules and Regulations
Governing the Subdivision of Land:
A. The Definitive Plan, dated March 30, 2005, revised April 20, 2005 satisfies the
requirements of the Planning Board Rules and Regulations regarding the subdivision of
land. The above referenced plans are complete and technically adequate.
B. The approved Definitive Plan has due regard for the provision of adequate access to the
lot in the subdivision by ways that will be safe and deemed satisfactory for travel. The
plan has been reviewed by the Town engineer and has been found to be acceptable in that
it provides adequate access to the single-family dwelling unit.
C. The approved Definitive Plan secures safety in the case of fire, flood, panic and other
emergencies. The new roadway and driveway will provide satisfactory access to the
home during emergency situations. The Definitive Plan has been reviewed by the
Division of Public Works ("DPW") and the appropriate public safety agencies and has
been found to be acceptable. The installation of a fire hydrant on the property and a
residential fire sprite kler system has been implemented to further ensure the safety of
property and life during an emergency.
D. The approved Definitive Plan secures adequate provisions for water, sewerage, drainage,
underground utility services, fire, police and other similar municipal equipment, and
other requirements where necessary in a subdivision. The Definitive Plan has been
reviewed by the appropriate public safety agencies and has been found to be acceptable.
E. The Definitive Plan is in conformance with the purpose and intent of the Subdivision
Control Law. The roadway improvements will be constructed to minimize the
environmental impact on the wetland resource areas. The improved section of Winter
Street, the asphalt berm, the water main, the hydrant, and drainage infrastructure as
shown of plan listed below will remain private and will be maintained in perpetuity by
the owner and successors of subject lot.
F. The Definitive Plan complies with all of the review comments submitted by various town
departments in order to comply with state law, town by-laws and insure the public health,
safety and welfare of the owners of said property and the Town.
Page 2 of 9
Winter Street _Definitive Subdivision Map 103, Lot 20
Conditional Approval
Winter Street
G. The Definitive. Plan conforms to the design and construction standards described in these
Rules and Regulations, the attached Appendices, and in accordance with the DPW's
acceptable standards for roadway construction with the exceptions of waivers granted in
Condition # 18.
H. The Definitive Plan conforms with all applicable zoning requirements.
I. The construction of the single-family dwelling will be restricted to the limits of the
Conservation Zone as depicted on said plans below and the allowable contiguous buildable
area stated in the Zoning Board of Appeals' decision issued July 21, 2004;
J. The North Andover Zoning Board of Appeals issued two decisions for this parcel of land
and proposed private roadway improvements on July 21, 2004 (petition #2004-013) and
January 18, 2005 (petition #2004-035).
K. The North Andover Conservation Commission issued two Order of Conditions for this
parcel and associated roadway improvements both rendered on May 25, 2005: DEP File
Number 242-1309: Roadway, Driveway and Utilities for the single-family dwelling unit
and DEP File Number 242-1300: Single -Family Dwelling Unit located on Map 103, Lot
120.
Finally, the Planning Board finds that the Definitive Subdivision complies with all Town Bylaw
and Board of Health standards and requirements so long as the following conditions are
complied with:
1) Environmental Monitor: The applicant shall designate an independent environmental
monitor who shall be chosen in consultant with the Planning Department. The
Environmental Monitor must be available upon four (4) hours' notice to inspect the site with
the Planning Board designated official. The Environmental Monitor shall make weekly
inspections of the project and file monthly reports to the Planning Board throughout the
duration of the project. The monthly reports shall detail area of non-compliance, if any and
actions taken to resolve these issues.
2) Prior to. endorsement of the plans by the Planning Board the applicant shall adhere to the
following:.
a) A Site Opening Bond in the amount of $1,000 to be held by the Town of North
Andover. The Site Opening Bond shall be in the form of a check made out to the
Town of North Andover that will be placed into an interest bearing escrow account. A
covenant (FORM I) securing the remaining lot within the subdivision for the
construction of ways and municipal services must be submitted to the Planning Board.
Said lots may be released from the covenant upon posting of security as required in
Condition 6.
Page 3 of 9
-_W_inter_Street-Definitive Subdivision
Conditional Approval
Winter Street
Map 103, Lot 20
b) The applicant must submit to the Town Planner a FORM M for all utilities and
easements placed on the subdivision.
c) All subdivision application fees must be paid in full and verified by the Town Planner.
d) The applicant must meet with the Town Planner in order to ensure that the plans
conform to the Board's decision. A full set of final plans reflecting the changes requested
by the Planning Board, which include, but not limited to, those changes outlined in the
Public Works' memorandum dated May 12, 2005 and Fire Department's April 11, 2005
correspondence, must be submitted to the Town Planner for review prior to endorsement
by the Planning Board, within ninety (90) days of filing the decision with the Town
Clerk.
e) The Subdivision Decision for this project must appear on the mylars.
h) All documents shall be prepared at the expense of the applicant, as required by the
Planning Board Rules and Regulations Governing the Subdivision of Land.
3) Prior to ANY WORK on site:
a) Yellow "Caution" tape must be placed along the limit of clearing and grading as shown on
the plan. The Planning Staff must be contacted prior to any cutting and or clearing on site.
The applicant shall then supply a copy of a plan, certified by a registered professional
engineer, certifying that the 'limit of clearing and grading have been cut in accordance
with the approved plans.
b) All erosion control measures as shown on the plan must be in place and reviewed by the
Town Planner.
c) The applicant will be required to obtain permits from the Department of Public. Works prior
, to any water and sewer utility work.
d) A pre -construction meeting must be held with the developer, their construction
employees, the Planning Department, and Conservation Department to discuss
scheduling of inspections and inspections to be conducted on the project.
4) Throughout and During Construction:
a) Dust mitigation and roadway cleaning must be performed weekly, or as deemed necessary
by the Town Planner, throughout the construction process.
b) Any stockpiling of materials (dirt, wood, construction material, etc.) must. be shown on a
plan and reviewed and approved by the Planning Staff. Any approved piles must remain
covered at all times to minimize any dust problems that may occur with adjacent properties.
Any stock piles to remain for longer than one week must be fenced off and covered.
Page 4 of 9
Winter -Street Definitive -Subdivision ____ Map 103, Lot 20
Conditional Approval
Winter Street
c) Hours of operation during construction are limited from 7 a.m. to 5 p.m., Monday through
Friday and 8 a.m. — 5 p.m. on Saturdays.
5) Prior the lot being released from the statutory covenants:
a) Three (3) complete copies of the endorsed and recorded subdivision plans and one (1)
certified copy of the following documents: recorded subdivision approval, recorded
Covenant (FORM I), and recorded FORM M must be submitted to the Town Planner as
proof of recording.
b) The applicant must submit a lot release FORM J to the Planning Board for signature.
c) A Performance Security in an amount to be determined by the Planning Board, shall be
posted to ensure. completion of the work in accordance with the Plans approved as part of
this conditional approval. The bond must be in the form acceptable to the North Andover
Planning Board. Items covered by the Bond may include, but shall not be limited to:
i) as -built drawings;
ii) sewers and utilities;
iii) roadway construction and maintenance;
iv) lot and site erosion control;
vi) drainage facilities;
vii) site restoration and wetlands mitigation; and
viii) final site cleanup
6) Prior to a FORM U verification for an individual lot, the following information is required by
the Planning Department:
a) The applicant must submit a certified copy of the recorded FORM J referred to in Condition
5(c) above.
b) A plot plan for the lot in question must be submitted, which includes all of the following:
i) location of the structure,
ii) location of the driveways and roadway,
iii) location of all water and sewer lines,
iv) location of all drainage infrastructure,
v) location of wetlands and any site improvements required under a NACC orders of
condition,
vi) any grading called for on the lot,
vii) all required zoning setbacks, and
vii) location of any drainage, utility and other easements.
c) All appropriate erosion control measures for the lot shall be in place. The Planning Board or
Staff shall make final determination of appropriate measures.
Page 5 of 9
- ---V'; inter Street Definitive -Subdivision —_ ____ _ ___ iMap 103, Lot ZO
D
Conditional Approval
Winter Street
d) Lot numbers, visible from the roadways must be posted on the lot.
e) An as -built plan must be submitted to the Division of Public Works for review and approval
prior to acceptance of the sewer and water appurtenances for use.
f) The roadway must be constructed to at least binder coat of pavement to properly access the
lot in question. Prior to construction of the binder coat, the applicant shall ensure that all
required inspection and testing of water, sewer, and drainage facilities has been completed.
The applicant must submit to the Town Planner and the Department of Public Works an
interim as -built, certified by a professional engineer, verifying that all utilities have been
installed in accordance with the plans and profile sheet. The sewer manholes along the
roadway must be at finish grade and accessible to DPW staff at all times.
g) The applicant shall adhere to the following requirements of the North Andover Fire
Department and the North Andover Building Department:
1) The single-family dwelling must contain a residential fire sprinkler system. The plans
and hydraulic calculations for each residential system shall be submitted for review
and approval by the North Andover Fire Department. Plans and hydraulic
calculations for each residential system must also be supplied to the Building
Department.
7) Prior to a Certificate of Occupancy being requested for an individual lot, the following shall
be required:
a) All necessary permits and approvals for the lot in question shall be. obtained from the North
Andover Board of Health and Conservation Commission.
b) A permanent house number must be posted on dwelling and be visible from the private
roadway.
c) All roadway work must be completed and inspected by the DPW and Planning Department.
d) The residential fire sprinkler 'system must be installed in accordance with referenced
standard NFPA 13D and in accordance with 780 CMR, Chapter 9 of the Massachusetts
State Building Code. Certification that the system has been installed properly in accordance
with the above referenced regulations must be provided from both the North Andover Fire
Department and the North Andover Building Department to the applicant. The applicant
must then provide this certification to the North Andover Planning Department.
e) The driveway along Winter Street, the Winter Street improvements, the asphalt berm, the
water main, the hydrant, drainage infrastructure, and underground utilities will be owned
and maintained in perpetuity by the owner and successors of said property. Further, snow
removal for said roadway will be the responsibility of the owner and successors of said
property in perpetuity. The applicant shall incorporate these conditions as a. deed
Page 6 of 9
Winter-Street--Definitive-Subdiv-ision--- ------ Map 103, Lot 20
Conditional Approval
Winter Street
restriction and a copy of the recorded deed shall be submitted to the Town Planner
and included in the file.
8) Prior to the final release of security retained for the site by the Town, the following shall be
completed by the applicant: ,
a) An as -built plan and profile of the site shall be submitted to the DPW and Planning
Department for review and approval.
9) The Applicant shall ensure that all Planning, Conservation Commission, Board of Health and
Division of Public Works requirements are satisfied and that construction was in strict
compliance with all approved plans and conditions.
10) The applicant will be required to post signs indicating a "Private Way" at the beginning of the
improved section of roadway on Winter Street. The Town Planner will review any signs posted
for this project.
11) The applicant shall adhere to the following requirements of the Fire Department:
, a) Open burning is allowed by permit only after consultation with the Fire Department.
b) The privately owned improved section of Winter Street must be maintained year round,
particularly during winter snow periods and remain clear of vehicles.
c) The fire hydrant will be maintained year-round and remain clear of vehicles and other
obstructions at all times.
12) There shall be no burying or dumping of construction material on site.
13) Tree cutting shall be kept to a minimum throughout the project to minimize erosion, to
protect the water resource areas, and preserve the natural features of the site. The limit of
clearing is restricted to area outside the Conservation Zone as depicted on the plans below.
14) The contractor shall contact Dig Safe at least 72 hours prior to commencing any excavation.
15) Gas, Telephone, Cable, and Electric utilities shall be installed as specified by the respective
utility companies.
16) The utilities must be installed and the roadway improvements constructed to binder coat two (2)
years from the date of this approval. If the utilities are not installed, the roadway improvements
are not constructed to binder coat and the Planning Board has not granted an extension by the
above referenced date, this definitive subdivision approval will be deemed to have lapsed.
Page 7 of 9
— -Minter Street Definitive Subdivision----------- Map 103, Lot 20
Conditional Approval
Winter Street
17) Any action by a Town Board, Commission, or Department, or owner which requires changes in
the roadway alignment, placement of any easements or utilities, drainage facilities, grading or
no cut lines, may be subject to modification by the Planning Board. '
18) The following waivers from the Rules and Regulations Governing the Subdivision of Land,
North Andover, Massachusetts have been GRANTED, by the Planning Board since it has been
determined such action is in the public interest and is not inconsistent with the State Subdivision
Control Law. Additionally, these waivers for the proposed privately maintained roadway are
being granted so as to minimize the impervious paving, grading and earthwork required to
complete the improvements to the unimproved section of Winter Street as the project is located
within a sensitive area of the Watershed Protection District and water resource areas:
a) Waiver from Section 6.7.2, Improving Existing Streets has been granted. The Winter Street
roadway improvements are for the purpose of creating a privately owned and maintained
roadway to the subject parcel, Map 103, Lot 120 and will not be further extended. Said
improvements minimize the extent of environmental impact on the water resource areas by
reducing the amount of impervious surface and utilizing the existing natural grades and
topography for construction.. The roadway improvements have been reviewed by the
DPW and the appropriate public safety agencies and have been found to be acceptable
and conform to the minimum standards allowed.
b) Waiver from Section 6.8.1 has been granted. With the inclusion of a residential fire
sprinkler system, the installation of a fire hydrant, and the privatization of the roadway,
utilities, and drainage infrastructure, the DPW and appropriate public safety agencies
determined that the design and roadway layout meet the minimum roadway standards
allowed for access and public safety.
c) Waiver from Section 6.9, Curbing has been granted. The roadway improvements along
Winter Street are for the purpose of creating a privately owned and maintained roadway to
the subject parcel, Map 103, Lot 120. Due to the nature of this definitive subdivision, the
construction of curbing is unwarranted.
d) Waiver from Section 6.11, Sidewalks has been granted. The roadway improvements along
Winter Street are for the purpose of creating a privately owned and maintained roadway to
the subject parcel, Map 103, Lot 120. Due to the nature of this definitive subdivision, the
construction of sidewalks is unwarranted.
e) Waiver from Section 6.14, Storm Drainage has been granted. The storm drainage plan and
utilities as shown on said plans referenced below were reviewed by the DPW and deemed
adequate to ensure the proper management of storm water run-off and recharge.
f) Waiver from Section 6.21, Street Lighting has been granted. Due to the nature of this
definitive subdivision, the installation of streetlights is unwarranted.
Page 8 of 9.
Winter Street Definitive Subdivision_
Conditional Approval
Winter Street
Map 103, Lot 20
18) The Town Planner shall approve any insubstantial change to the above -referenced plans and
reports. Any changes deemed substantial by the Town Planner shall be presented to the
Planning Board for its determination -of whether such changes would merit a public hearing or
meeting, and/or formal modification of this decision.
19) This Definitive Subdivision Plan approval is based upon the following information which is
incorporated into this decision by reference:
a) Prepared for: Claude & Laura Elias
Prepared by: Joseph J. Serwatka, P.E.
P.O. Box 1016
North Andover, MA 01845
Scale: 1" = 20'
Sheets: 1 and 2
Date: April 20, 2005 and revised June 6, 2005
Page 9 of 9
Y..
LlMassachusetts Department of Environmental Protection ---
Bureau of Resource Protection - Wetlands
I 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.
VQ
ILEI
A. General Information
DEP File Number:
242-1309
North Andover
From: 1. Conservation Commission
2. This issuance is for (check one): ® Order of Conditions ❑ Amended Order of Conditions
3. To: Applicant:
Claude
a. First Name
119 Hooker Farm Road
Elias
b. Last Name c. Company
d. Mailing Address
e. Latitude f. Longitude
r;
Salem
NH.
03079
a. County
e. City/Town
f. State
g. Zip Code
="
d. Page
2/24/05
5/115 ,s% 705
r_
4. Property Owner (if different from applicant):
8. Final Approved Plans and Other Documents (attach additional plan or document references as
needed):
Santo & Anne Messina
a. Plan Title
Serwatka Engineering
a. First Name b. Last Name _
c. Company
c. Signed and Stamped by
2/10/05 with revisions made through 4/20/05 1" = 20'
115 Winter Street
e. Scale
f. Additional Plan or Document Title
g. Date
d. Mailing Address
$ 237.50 $ 562.50
fit
b. State Fee Paid c. City/Town Fee Paid
North Andover
MA.
01845 G;
�
cn
e. City/Town
f. State
g. Zip Code
5. Project Location:
ILI qw-ga5- Roadway Y and Driveway and Utilities for house
a. Street Address
Map 103
c. Assessors Map/Plat Number
Latitude and Longitude, if known (note:
North Andover
b. Cityfrown CD
Lot 120 -�
d. Parcel/Lot Number W
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)
4736
156
c. Book
d. Page
2/24/05
5/115 ,s% 705
7. Dates: a. Date Notice of Intent Filed
b. Date Public Hearing Closed c. Dat4 of Is uance
8. Final Approved Plans and Other Documents (attach additional plan or document references as
needed):
Winter Street Improvement and Watershed Special Premit for roadway, driveway, and utilities.
a. Plan Title
Serwatka Engineering
Joseph J. Serwatka, P. E.
b. Prepared By
c. Signed and Stamped by
2/10/05 with revisions made through 4/20/05 1" = 20'
d. Final Revision Date
e. Scale
f. Additional Plan or Document Title
g. Date
$ 800.00
$ 237.50 $ 562.50
9. Total WPA Fee Paid:
a. Total Fee Paid
b. State Fee Paid c. City/Town Fee Paid
wpaform5.doc. rev. 3/1/05 Page 1 of 9
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
B. Findings
1. Findings pursuant to the Massachusetts Wetlands Protection Act:
DEP File Number:
242-1309
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
d. ® Private Water Supply e. ❑ Fisheries f. ® Protection of Wildlife
Habitat
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
b. linear feet c. linear feet d. linear feet
4. ❑
Bordering Vegetated
.Wetland
a. square feet
b. square feet c. square feet d. square feet
5. ❑
Land Under
a. square feet
b. square feet c. square feet d. square feet
Waterbodies and
Waterways
e. cu.yd dredged
f. cu.yd dredged
wpaform5.doc • rev. 3/1/05 Page 2 of 6
J
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:
242-1309
B. Findings (cont.)
Coastal Banks
15. ❑
Rocky. IntertidaI
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
8. ❑ 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
Indicate size under Land Under the Ocean, below
Areas
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. IntertidaI
Shores
16. ❑
Salt Marshes
17. ❑
Land Under Salt
Ponds
18. ❑ Land Containing
Permitted
Replacement
h. cubic feet
f. cubic feet
f. square feet
f. square feet
c.. cu.yd dredged d. cu.yd dredged
Indicate size under Coastal Beaches and/or Coastal Dunes below
a. square feet b. square feet c. Gy nourishmt. d. c/y nourishmt.
a. square feet b. square feet c. ciy nourishmt. d. Gy nourishmt
a. linear feet b. linear feet
a. square feet b. square feet
a. square feet b. square feet c. square feet d. square feet
Shellfish a. square feet b. square feet c. square feet d. square feet
19. ❑ Fish Runs Indicate size under Coastal Banks, inland Bank, Land Under the
Ocean, and/or inland Land Under Waterbodies and Waterways,.
above
a. cu.yd dredged b. cu.yd dredged
20. ❑ Land Subject to
Coastal Storm Flowage a. square feet b. square feet
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:
242-1309
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 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.
8. 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, "MA DEP"]
"File Number 242-1309
wpaforn5.doc • rev. 3!1!05 Page 4 of 9
If you need more
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document
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:
242-1309
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.
wpaform5.doc • rev. 3/1/05
Special Conditions:
See attached
Page 5 of 9
Massachusetts Department of Environmental Protection
DEP File Number:
Bureau of Resource Protection - Wetlands
WPA Form 5 - Order of Conditions 242-1309
Massachusetts Wetlands Protection Act M.G.L. c. 131, §40
D. Findings Under Municipal Wetlands Bylaw or Ordinance
i. 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:
wpaform5.doc • rev. 3/1105 - Page 6 of 9
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.
If you need more
c. The special conditions relating to municipal ordinance or bylaw are as follows:
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wpaform5.doc • rev. 3/1105 - Page 6 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
E. Issuance
DEP File Number:
242-1309
This Order is valid for three years, unless otherwise specified as a special .1 ? 7 &5
condition pursuant to General Conditions #4, from the date of issuance. 1. Date of issuance
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, if not filing electronically, and the prope r, if different
from applicant.
Signatur ,
Notary Acknowledgement
Commonwealth of Massachusetts County of
a.s 44,
On this
Day
Before me, the undersigned Notary Public,
personally appeared
Essex North
of Ma-- V 9005
Month Year
S'C0-4 ,//%� s� e
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 membor of North Andover
DONNA M. WEDGE
NOrAW PUBLIC
OOMMONMTH OF MAssAeNUSEM
Oil tomer` I MIM Aug. 7, 2009
Cityrrown
Place notary seal and/or any stamp above
This Order is issued to the applicant as follows:
❑ by hand delivery on
Date
Conservation Commission
SigInature of Notary Public
11 /101 /P - l l�
Printrd Wameof Notary Public
,9-i r,? la60 Q
My Commission )Expires (Date)
N(by certified mail, return receipt requested, on
Date
wpaform5.doc • rev. 3/1/05 _ _ Page 7 of 9
DEP FILE # 242 1309 (Driveway)
Therefore, the North Andover Conservation Commission (hereafter the "NACU)
hereby finds that the following conditions are necessary, in accordance with the
Performance Standards set forth in the State Regulations, the local Bylaw and
Regulations, to protect those interests noted 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 other12roposals submitted with the Notice of Intent, the
conditions shall control.
11 GENERAL CONDITIONS J1
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).
C:\Winword\OOC\Driveway,WinterSt.doc 1 NACC 5/26/05
DEP FILE # 242 —1309 (Driveway)
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.
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 of Conditions is issued under File No. -242-1309.
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 extension and improvement of Winter Street to
accommodate the necessary appurtenances (sewer tie-in, water, and underground
utilities)to service a new single-family house within the Buffer Zone to Bordering
Vegetated Wetlands (BVV). The project is also within the Lake Cochichewick
Watershed. Approximately 465 linear. feet of driveway/ roadway (Winter Street)
will extend from the existing dead end of Winter Street. The 12' widerp ivate
driveway/ roadway will be constructed within the limits of a previously
disturbed wood road. This Order of Conditions and the submitted Notice of
Intent applies only to the roadways, utilities and drainage facilities. The
construction of the single-family house was filed under a separate filing, DEP File
#242-1300, and is not part of this Order
29. The work shall conform to the following (except as noted in the remainder of this
document where revisions may be required):
Notice of Intent filed by: Elias Claude (Applicant)
119 Hooker Farm Road
Salem, MA 03079
Date filed: February 24, 2005
Site Plans prepared by: Sheet 1, entitled, "Plan to Accompany a Notice of
Intent", prepared by Pembroke Land Survey Co., dated
C:\Winword\OOC\Driveway,WinterSt.doe 2 NACC 5/26/05
DEP FILE # 242 —1309 (Driveway)
February 10, 2005. Stamped and signed by Joseph J.
Serwatka, P.E.
Sheet 2 entitled, "Winter Street Improvements and
Watershed Special Permit Plan", prepared by Pembroke
Land Survey Co., dated February 10, 2005 with
revisions made through April 20, 2005. Stamped &
signed by Joseph Serwatka, P.E.
Other Documents: North Andover Conservation Commission Waiver Request
Form dated February 25, 2005.
Waiver Request Narrative, prepared by Joseph Serwatka,
P.E., dated February 25, 2005.
Memorandum prepared by Jack Sullivan, P.E, Director of
Engineering, Town of North Andover, entitled "Winter
Street Watershed Special Permit, Elias Property", dated
April 28, 2005.
Email from Jack Sullivan, P.E., to Pamela Merrill,
Conservation Associate dated April 12, 2005, regarding the
oil/ sediment separator.
Email from Jack Sullivan, P.E., to Pamela Merrill,
Conservation Associate, dated May 4, 2005, regarding the
buoyancy calculations.
Operation & Maintenance
Plan prepared by: Joseph J. Serwatka, P.E., entitled, "Operation &
Maintenance Plan for Winter Street" and Buoyancy
Calculations for the Oil/ Sediment Separator. Cover
page dated April 20, 2005
30. The following wetland resource areas are affected by the proposed work: Buffer
Zone to Bordering Vegetated Wetland (BVW). These resource areas are significant
to the interests of the Act and Town Bylaw as noted above and therein. The
applicant has not attempted to overcome the presumption of significance of these
resource areas to the identified interests.
31. The NACC agrees with the applicant's delineation of the wetland resource areas on
the site as previously approved under an Order of Resource Area Delineation
(ORAD), DEP File #242-1251.
C:\Winword\OOC\Driveway,WinterSt.doc 3 NACC 5/26/05.
DEP FILE # 242.-1309 (Driveway)
32. 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 except as follows:
for portions of the driveway/ roadway and installation of utilities, as shown on
the approved site plan referenced herein. This will impact approximately 750 s.f.
of the 25' No Disturbance Zone. The Conservation Administrator and/or other
agents of the NACC do not have the authority to waive these setbacks as established
under the local bylaw. No disturbance of existing grade, soils or vegetation is
permitted in the No -Disturbance zone. (See Section 3.4 & Appendix F of the local
Regulations).
33. The NACC hereby grants the applicant a waiver for work within the regulated 25'
No Disturbance Zone and the 50' No Build Zone for the purposes of constructing
the driveway/ roadway and installing the underground utilities. The NACC
agrees with the applicant that they are limited by the existing layout of Winter
Street due to the existing field stonewall (property lines), and the requirements
governed by both the North Andover Department of Public Works and the
Planning Board. As such, there are no other feasible alternatives that will have a
lesser impact on the adjacent wetland resource area and its Buffer Zones.
34. The NACC finds the applicant's proposal for 1,500 s.f. of restoration (associated
with the impacts to the 25' No Disturbance Zone, and 50' No Build Zone) to be
adequate. The proposal of five (5) Eastern Hemlock saplings (Tsuga canadensis) as
listed on the record plan is also found to be adequate. However, the list of shrub
species as shown on the record plan, which includes burning bush,
rhododendron, and azalea shall be replaced with any twenty (20) of the following
species:
American cranberrybush (Vaccinium trilobum) (FACW)
Red chokeberry (Aronia arbutifolia) (FACW)
Black chokeberry (Aronia melancarpa) (FAC)
Shadblow/ Serviceberry (Amelanchier canadensis/arbores) (FAC)
Witch hazel (Hamamelis virginiana) (FAC-)
Bayberry (Myrica pensylvanica) (FAC)
Highbush Blueberry (Vaccinium corymbosum) (FACW)
Silky dogwood (Cornus amomum) (FACW)
Red -osier dogwood (Cornus sericea) (FACW+)
Alternate -leaved dogwood (Cornus amomum) (UPL)
The 25 restoration plantings shall not be grouped together in one dense location,
rather spread out and concentrated along the approved tree line to provide a
C:\Winword\OOC\Driveway,WinterSt.doc 4 NACC 5/26/05
DEP FILE # 242 -1309 (Driveway)
physical barrier along the limits of disturbance. The shrubs shall be planted on 10
-12 'centers, and the Eastern hemlocks planted on 12 -15' centers.
35. A qualified wetland scientist or botanist shall monitor the restoration area for two
(2) consecutive growing seasons (spring and fall) upon installation of the
plantings. At the end of each inspection, a progress report of the relative success
or failure of the restoration efforts must be prepared by the wetland scientist or
botanist, and submitted to the North Andover Conservation Commission (NACC).
A total of FOUR separate monitoring reports for the restoration area shall be
submitted over a two-year period. If at the end of the second growing season,
overall success of restoration activities is not achieved, the NACC reserves the
rights to require additional mitigation measures.
36. 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, the contractor will be held jointly
liable for any violation of this Order resulting from failure to comply with its
conditions.
37. The owners of the project and their successors in title, in the event they proceed to
alter areas subject to the Commission's 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 becomes the responsibility of the applicant or landowner.
38. 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
39. 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.
40. 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
C:\Winword\OOC\Driveway,WinterSt.doc 5 NACC 5/26/05
DEP FILE # 242 —1309 (Driveway)
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.
41. 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 #242-1309."
42. Any changes in the submitted plans caused by the applicant, another Board's
decision or resulting from this Order of Conditions must be submitted to the
NACC for approval prior to implementation. If the NACC finds said changes to be
significant, the NACC will call for another public hearing (at the expense of the
applicant). Within 21 days of the close of said public hearing the NACC will issue an
amended or new 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.
43. 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.
44. Prior to any work commencing on-site, the applicant shall submit to the NACC for
approval, a detailed sequence of construction, including the construction of
compensation and retention areas, installation of sedimentation/ erosion control
devices and re -vegetation to be completed before other work begins on-site.
45. Wetland flagging shall be checked prior to start of construction and shall be re-
established where missing. All wetland flagging shall remain visible and
enumerated per the approved plan(s) throughout the life of the project and until a
Certificate of Compliance is issued so that erosion control measures can be properly
placed and wetland impacts can be monitored. The proposed limit of work shall be
shall be clearly marked with stakes or flags and shall be confirmed by the NACC.
Such markers shall be checked and replaced as necessary and shall be maintained
C:\Winword\OOC\Driveway,WinterSt.doe 6 NACC 5/26/05
DEP FILE 4 242 _ _1309- (Driveway)---- ---- - — --- ---- -- -- - - - - - - -- - - -- -
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.
46. A row of staked. hay bales backed by trenched siltation fence shall be placed
between all construction areas and wetlands. The erosion control barrier will be
properly installed and placed as shown on the plans approved and referenced
herein and shall be inspected and approved by the NACC 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 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.
47. The applicant shall have on hand at the start of any soil disturbance, removal or
stockpiling, a minimum of 15 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.
48. A check payable to the Town of North Andover shall be provided in the amount of
$4,000 (Restoration activities 750x$3.00 per s.f. = $2,250.00; all other construction
activities: $1,750.00), 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.
49. The applicant shall designate a Wetland Scientist as an "Environmental Monitor"
(EM) 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
C:\Winword\OOC\Driveway,WinterSt.doc 7 NACC 5/26/05
DEP FILE # 242 1309 (Driveway)
has to be contacted, due to an emergency at the site, during any 24-hour period,
including weekends. This professional must submit a letter to the Conservation
Department, on company letterhead stating they have been retained as the
project's Environmental Monitor. The designated Environmental Monitor is
subject to approval by the NACC. This person shall also be given the authority to
stop construction for erosion control purposes. The EM will be required to inspect
all such devices and oversee cleaning and the proper disposal of waste products.
Cleaning shall include removal of any entrapped silt. On every MONDAY of each
week, in which construction activities occurs on-site and for as long thereafter as
ground remains unstabilized, the applicant shall submit a written report from the
EM 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
EMC 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.
50. The EM 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.
51. Prior to construction, the applicant shall permanently mark the edge of the "25' No -
Disturbance Zone" with five (5) signs or markers spaced evenly every 40 feet
along the edge of the driveway/ roadway, and 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 available at the Conservation Department for $2.00 per marker. The placement
of said markers are subject to review and approval by the Conservation staff. The
applicant shall instruct all agents to explain these markers to buyers / lessees /
landscapers, and all persons taking over the property from the applicant.
52. 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 Affidavit attached via "Appendix A" 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 before or
after to the closing of said land transaction.
53. Once these above mentioned pre -construction requirements are complete, the
applicant shall contact the Conservation Office prior to site preparation or
C:\Winword\OOC\Driveway,WinterSt.doc 8 NACC 5/26/05
DEP FILE # 242 1309_(Driveway) __-._
construction and shall arrange an on-site conference with an NACC
representative, the contractor, the engineer, 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).
STORMWATER MANAGEMENT CONDITIONS
54. All construction and post -construction stormwater management shall be conducted
in accordance with supporting documents and plans submitted with the Notice of
Intent, the Department of Environmental Protection Stormwater Management Policy
and as approved by the NACC in this Order of Conditions.
55. All stormwater best management practices shall be maintained as specified in the
Operation & Maintenance Plan for Winter Street, dated April 2005, prepared by
Joseph J. Serwatka, P.E. (Appendix B- attached) submitted with the Notice of
Intent and incorporated in said Order of Conditions. A Registered Professional
Civil Engineer shall provide evidence of maintenance associated with the
stormwater management structures to the NACC on an annual basis for two -
consecutive years upon installation of the structures. The homeowner/ landowner
shall be the responsible party, who must comply with, and be responsible for all
maintenance requirements outlined in the Operation & Maintenance Plan in
perpetuity. This condition shall be a continuing condition of this order, even after
a Certificate of Compliance is issued.
56. The oil/ sediment separator and stone infiltration trench shall be maintained in
accordance with the above-mentioned Operation & Maintenance Plan. These
structures shall be free of all accumulated silt and debris before a Certificate of
Compliance is issued, and the owner or his / her agent shall so specify in the
request for Compliance. This condition shall be a continuing condition of this
order, even after a Certificate of Compliance is issued.
57. There shall be no increase in the post development discharges from the storm
drainage system or any other changes in post development conditions that alter the
C:\Winword\OOC\Driveway,WinterSt.doc 9 NACC 5/26/05
DEP FILE # 242 —1309 (Driveway)
post development watershed boundaries as currently depicted in the Notice of
Intent and approved by this Order of Conditions, unless specifically approved in
writing by the Commission.
58. Water quality down gradient of BVWs shall not differ significantly following
completion of the project from the pre -development conditions. There shall be no
sedimentation into wetlands or water bodies from discharge pipes or surface
runoff leaving the site.
59. The applicants, owners, and their successors and assignees, shall maintain all
culverts, collections basins, traps, outlet structures, subsurface storage areas, and
other elements of the drainage system, unless put into an easement to the Town of
North Andover, in order to avoid blockages and siltation which might cause failure
of the system and/or detrimental impacts to on-site or off-site resource areas, and
shall maintain the integrity of vegetative cover on the site.
DURING CONSTRUCTION
60. Accepted engineering and construction standards and procedures shall be followed
in the completion of the project.
61. IMPORTANT: Immediately upon completion of the dwelling foundation, and
prior to further construction activities associated with the site, the applicant shall
complete a plan prepared by a Registered Professional Land Surveyor of the
Commonwealth (P.L.S.) which accurately depicts the foundation location and it's
proximity to wetland resource areas as approved under this Order of Conditions..
Said plan shall be submitted to the Conservation Administrator for approval.
62. Upon beginning work, the applicant shall submit written progress reports every
month detailing what work has been done in or near resource areas, and what work
is anticipated to be done over the next period. This will update the construction
sequence.
63. A crushed stone construction entrance shall be established to minimize soil/
material tracking onto Winter Street and abutting catch basins. This entrance shall
be reinforced as necessary.
64. 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.
C:\Winword\OOC\Driveway,WinterSt.doc 10 NACC 5/26/05
DEP FILE # 242 —1309 (Driveway)
65. De -watering activities anticipated shall be supervised and witnessed by the
designated Environmental Monitor (EM). This designee must be on-site while
work specific to de -watering activities are occurring and until complete. Activities
shall. be monitored daily by the ECM 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 under the
MA Wetlands Protection Act and / or the North Andover Wetlands 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 tank or basin, to reduce turbidity prior to discharge into a
resource area.
66. 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.
67. No exposed area shall remain unfinished for more than thirty (30) days, unless
approved by the NACC.
68. 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.
69. 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 will 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 climate conditions allow for seeding.
70. The contractor will take all steps necessary to control dust onsite so that adverse
effects on adjacent resource areas and/or habitat do not occur.
71. There shall be no stockpiling of soil or other materials within twenty-five (25) feet of
any resource area.
72. There shall be no construction vehicles stored; vehicle refueling, equipment
lubrication, or maintenance is to be done within 100 feet of any resource area.
73. Washings from concrete trucks, or surplus concrete, shall not be directed to, any
drainage system, or wetland resource area.
74. All waste generated by, or associated with, the construction activity shall be
contained within the construction area, and away from any wetland resource area.
C:\Winword\OOC\Driveway,WinterSt.doc 11 NACC 5/26/05
DEP FILE 9-24Z---1309 (Driveway)_._-_.
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.
75. 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.
AFTER CONSTRUCTION
76. 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 Towns Wetland protection Bylaw.
77. Fertilizers utilized for landscaping and lawn care shall be slow release, low -
nitrogen types (< 5%), and shall not be used within 75 feet of a resource area.
Pesticides and herbicides shall NOT be used within 100 feet of a wetland resource
area. This condition shall survive this Order of Conditions and shall run with the
title of the property. This condition is issued under the authority of the Town's
Wetland Protection Bylaw and shall remain in perpetuity.
78. No road salt, sodium chloride, or other de-icing chemicals shall be used on paved
surfaces, and any arrangement for snow removal shall so stipulate due to the
importance of the site and wetlands. This condition is issued under the authority
of the Town's Wetland Protection Bylaw and shall remain in perpetuity.
79. 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.
80. Upon approval by Conservation Staff and site stabilization, the erosion controls
can be removed and properly disposed of. All exposed areas underneath the
erosion control shall be seeded for permanent stabilization.
C:\Winword\OOC\Driveway,WinterSt.doc 12 NACC 5/26/05
DEP FILE # 242 -1309 (Driveway)
81. 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 individual property owners shall be submitted
with the request for a Certificate of Compliance indicating that they read and
understood the recorded Order of Conditions prior to purchasing their
property.
e. The name and address of the individual/ trust or corporation to whom the
compliance is to be granted.
f. The street address and assessor's map/ parcel number for the project. '
g. The DEP file number.
h. A written statement from a Registered Professional Civil Engineer (and/or
Registered Professional Land Surveyor) of the Commonwealth certifying
that the work has been conducted as shown on the plan(s) and documents
referenced above, and as conditioned by the Commission.
i. An "As -Built" plan prepared and signed and stamped by a Registered
Professional Civil Engineer (and/or Registered Professional Land Surveyor)
of the Commonwealth, for the public record. This plan will include:
➢ "As -Built" post -development elevations of all drainage & stormwater
management structures constructed within 100 feet of any wetland
resource area. NOTE: If portions of the stormwater systems exist
partially within the Buffer Zone than the entire structure must be
depicted to accurately verify compliance.
➢ "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 a� disturbance of soils or
vegetation.
C:\Winword\OOC\Driveway,WinterSt.doc 13 NACC 5/26/05
,EP FILE # 242 -1309 (Driveway
➢ Location of all subsurface utilities entering the property.
82. The following special conditions shall survive the issuance of a Certificate of
Compliance (COC) for this project:
➢ 25' No -Disturbance Zone and a 50' No -Construction Zone shall be
established from the edge of adjacent wetland resource areas except in
those locations approved under this filing. Future work within 100' of
existing wetland 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 #32);
➢ Maintenance of all stormwater structures (Condition #55 & 56);,
➢ Discharge or spillage of pollutants (Condition ## 75);
➢ Prohibition of underground fuels (Condition #76);
➢ Limitations on the use of fertilizers, herbicides, road salts, de-icing
compounds and pesticides (Conditions #77& 70).
➢ Appendix B: entitled, "Operation & Maintenance Plan& Bouyancy
Calculations for Winter Street", dated April 2005, prepared by Joseph
J. Serwatka, P.E. No additional filings will be required to conduct
maintenance of the above referenced system and plan.
C:\Winword\OOC\Driveway,WinterSt.doc 14 NACC 5/26/05
DEP FILE # 2.42 —1309 (Driveway)
I,
1)
APPENDIX A - AFFIDAVIT
on oath do hereby depose and state:
(authorized agent of applicant and / or owner)
(PLEASE CHECK AT LEAST ONE BLOCK)
I am the of
(position with applicant)
the applicant upon whom the Order of Conditions
(applicant's name)
have been
(DEP or NACC File #)
placed upon by the North Andover Conservation Commission (NACC).
and / or
2) I am the of
(position with owner) (owner)
the owner upon whose land Order of Conditions have been
(DEP or NACC File #)
placed upon by the NACC.
♦ 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
C:\ W inword\OOC\Driveway, W interSt.doc 15
day of 20
(Authorized agent of applicant or owner)
NACC 5/26/05
DEP FILE # 242 —1309 (Driveway)-----�------�------------------� -----_
APPENDIX B
OPERATION & MAINTENANCE PLAN
And
BOUYANCY CALCULATIONS
FOR
WINTER STREET
Dated April 20, 2005
Prepared By:
Joseph J. Serwatka, P.E.
C:\Winword\OOC\Driveway,WinterSt.doc 16 NACC 5/26/05
Joseph J. Serwatka,.P.E. -_
Post Office $ox 1016 RECEIVED
North Andover, MA
978-683-6595
APR 2 5 2005
NORTH ANDOVER
April 20, 2005 CONSERVATION:COMMISSION
North Andover Conservation Commission
400 Osgood .Street
North Andover, MA 01845 FILE COW PY.
Re: Winter. Street
Notices of Intent
Dear Commission Members:
We have submitted revised plans for Winter Street dated.April 20; 2005. The
revisions are based on our.last meeting with you. The revisions areas follows:
1. The roadway has been moved slightly to the north as it passes through the
buffer zone. This reduces the impact in the 25' zone, and provides more buffer
to the wetlands.
2.- A 1,500 s.f. mitigation area has been shown adjacent to the grassed basin to
account for proposed activity within the 25' no -disturb zone. This is a 2:1.
mitigation for the proposed work, A planting list has been added.
3. We have added the distances from the proposed dwelling to the edge of
wetlands, as requested.
...4. The oil/sediment separator detail has been added tothe'plan.
5. An operation and maintenance plan was submitted to your staff, as requested.
"6. Bouyancy calculations have been provided for the oil/sedi:ment separator, per
you request.
We look forward to meeting with the Commission on April 27a'to discuss this
project again. Should you have any questions concerning this letter, please contact
me.
A
OPERATION & MAINTENANCE PLAN
FOR
WINTER STREET
MAP 103, LOT 120 .
GRASSED BASIN
As a minimum, basin will be inspected after every major storm event for the first few
months, after being seeded, to ensure functionality. Thereafter, inspections should take
place every six months in the spring and fall and after every major storm event. The grass
areas shoul0 be inspected for slope integrity, soilmoisture, vegetative health, .soil
stability, soil compaction and soil erosion. Grass that is showing wear or erosion will be
loamed, seeded, mulched, and fertilizers as necessary.to'prevent further erosion from
taking place.
Grassed basin will be cleared of accumulated sediment, grass clippings, leaves, trash and
will be mowed when deemed.necessary. Collected -debris will be composted or properly
disposed of at the city/town landfill.
SEDIMENT AND OIL SEPARATOR
The separator should be inspected every six months to determine the rate of sediment and
floatables accumulation. When approximately one and .one half to _two feet of sediment
depth has accumulated, the contents should be removedby means of hand held shovels,
scallop shovel, or vactor trucks_ Asa minimum, itis recommended that the separator be
cleaned annually. Collected sediments, oils and debris shall be properly disposed of, per
state and federal requirements, at the .city/town landfill.
INFILTRATOR CHAMBERS
To prevent clogging of chambers, roof gutters and downspouts should be inspected and
cleaned at least annually. Observations should be made to verify that .there are not
frequent overflows from the roof downspouts during more regular storm events. This
could be an. indicator of trench failure_
STONE INFILTRATION TRENCHES
At a minimum, trenches shall be inspected after .every major storm event for the first
twelve months, after construction, to ensure they are stabilized and functioning properly.
Thereafter, inspections should take place every six months and after every major storm
event. Accumulated leaves, trash, grass clippings shall be removed as necessary and
composted or properly disposed ofat the city/town landfill
Ponding water could be a sign of trench failure.. If standing water is observed for more
than five to seven days after a rainfall event, the section of the infiltration trench that is
failing shall be replaced with similar materials. The bottom should be scarified or tilled to
help induce infiltration at the contact zone of the receiving soils.
/-0 /L2
)9d vc le
,
State Form 290
General Laws,
---Cfiapfer601-Sedidn23 ---
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tt'
— ------------------MUNICIPAL LIEN- CERTIFICATE ------
THE COMMONWEALTH OF MASSACHUSETTS
NUMBER: 1,843
Issued: November 07, 2005
OFFICE OF THE COLLECTOR OF TAXES Quarterly Billing
TOWN OF NORTH ANDOVER
120 MAIN STREET
NORTH ANDOVER MA 01845 1 certify from available information that all taxes, assessments and charges now
978-688-9550 payable that constitue liens as of the date of this certificate on the parcel of real
PctntP cner.ified in vour annlication received on November 04, 2005. are listed below.
�Rt r�t15
'�DESCRIPTION OF PI201iERTY�'� �;" �`
Parcel Id: 210-103.0-0120-0000.0
To: SANTO MESSINA
WINTER STREET
ANNE MESSINALocation:
_
Land Area: 12.90 Acres
115 WINTER STREET
Legal Reference: Book 4736
Page 156
NORTH ANDOVER, MA 01845
Assessed Owner(s): MESSINA, SANTO & ANNE
MISCELLANEOUS UNPAII)S
£ VALIJATIn1�DET� IL 'IQY/ $10'00
,
Utility Billing
Tax Title
Land Value
$153,100.00
Account No Balance
Year
Balance
BuildineValue
$0.00
Exemption Value
rn $0.00
r.,.a
Assessed Value
�153,100S
BETTERMENTS AN"ENS F t ca m < r
42005
-
Liens
2006
_Z' `:•f 2094
Water Lien
$ -
Water Lien Interest
Sewer Lien
$
Sewer Lien Interest
$
$
Misc Water Liens
�� IV
Misc Water Liens Interest
$ -
r,y
Betterments$
$ -
$ U
Chapter 40 Water Betterment
Water Committed Interest
$ -
$
$
Chapter 380 Sewer Bettennent
$ -
$
$
$
Sewer Committed Interest
$ -
$ -
rP s' ASSESSMENT llETAIL a'v, urterl Bdl�nUlvl § F
gi,.Y
8.r
2006
- �Qj.y
20054
.
�;.,..,
Assessments
Preliminary l st
$ 440.93
$ 429.54
$ 41.3
Preliminary 2nd
$ 440.93
$ 429.53
$ 452.32
$ 45T•33
$ 4Tr.74
Actual I st / 3rd
$ -
Actual l nd / 4th
$
$ 452.32
$ 4M4
CPA
$ 9.19
$ 18.37
$ 1044
Betterments and Liens
$ -
$ -
$ -
Interest
$
Payments
Taxes & CPA
$ 891.05
$ 1,782.08
$ 1,734.28
Betterments and Lienss
$ -
$ -
$
Interest
$ -
$ -
$
Current Unpaid Taxes
$ -
$ -
$ -
Total Due Before Interest $-
<y
PLEASE CONTACT TAX OFFICE FOR INTEREST & FEES 688-9550.
PLEASE CONTACT WATER DEPARTMENT AT 688-9570 10 DAYS PRIOR TO CLOSING FOR FINAL BILLING NOT INCLUDED ON LIEN.
( f l na-c- 'u•
I have no knowledge of any other lien outsfandmg. _ . COLLECTOR 0F TAXES -TOWN OF N TH ANDOVER
<: -