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TOWN OF NORTH ANDOVER
RECEIPT
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TOWN OF NORTH ANDOVER
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WHITE: Applicant CANARY: Department FINK: Treasurer
Zoning Board of Appeals North Andover
Hearing No.: ZBA-2007-0023
Date: April 2, 2007
APPLICATION TYPE: SUBMISSION DATE:
Commercial Variance Tue Mar 06, 2007
Applicant's Name:
NAME:
Abble Kayft, LLC
ADDRESS-
DDRESS21 Main Street
21
TOWN:
NORTHADOVER
STATE I
MA
ZIP CODE:
01845
PHONE NO.:
FAX NO.:
EMAIL ADDRESS:
Site Information:
Owner's Name:
NAME:
Abble Ka , LLC
SITE ZONING:
ADDRESS:
21 Main Street
I -S
TOWN:
NORTH ADOVER
STATE:
MA
ZIP CODE:
01846
PHONE NO.:
FAX NO.:
EMAIL ADDRESS:
BLOCK
Work Location.:
SITE ZONING:
NORTH MAIN STREET
I -S
TOWN:
SECTION OF BYLAW:
NORTH ANDOVER, MA 01845
HEARING CLOSE DATE:
GIS #
MAP:
BLOCK
LOT:
ACTION TAKEN:
1344
1 028.0
1 0022
I
VOTING DEADLINE
Reason for filing:
DIM. Varlanee from 7.18 Table 2 for relief f+oM Lot Area.
HARDSHIP:
FINDINGS:
COULD NOT DEROGATE BECAUSE
FILING DEADLINE
MAILING DATE
HEARING CONTINUED DATE:
DECISION DRAFT BY:
APPEAL DATE:
REFERRALS IN DATE
HEARING DEADLINE DATE:
Thu fty 10, 2007
HEARING CLOSE DATE:
FINAL SIGNING BY:
APPEAL DEADLINE
FIRST ADVERTISING DATE
HEARING DATE:
VOTING DATE
DECISION DATE:
SECOND ADVERTISING DATE:
HEARING TIME
VOTING DEADLINE
DECISION DEADLINE
MEMBERS PRESENT: VOTE:
MINUTES OF MEETING:
GwTMSO 19M Des Lauriers & Associates, Inc.
Town of North Andover
Town Clerk Time Stamp
ZONING BOARD OF APPEALS
Albert P. Manzi III, Esq. Chairman
Ellen P. McIntyre, Vice -Chairman
Richard J. Byers, Esq. Clerk-
Joseph
lerkJoseph D. LaGrasse
David R. Webster
Associate Members
Thomas D. Ippolito
Richard M. Vaillancourt
Daniel S. Braese, Esq.
Any appeal shall be filed within
(20) days after the date of filing
of this notice in the office of the
Town Clerk, per Mass. Gen. L. ch.
40A_ 617
Notice of Decision
Year 2007
Vul JUIN 29 Pii 4: o,,
.
.f U, 14 " s
NORTH
Property at: 0 North Main Street (Map 28, Parcel 22),
NAME: Downer Brothers Landscaping, Inc.,
HEARING(S): April 9 & June 12 2007
21 Main Street
Board of Appeals Plan, 0 North Main Street, North Andover, Massachusetts,
Assessors Map 28 Parcel 22, prepared for Abbie Kayla, LLC., North Andover,
Massachusetts
ADDRESS: 0 North Main Street (Map 28, Parcel
PETITION: 2007-006
22),
David Alves, #45454, New England Engineering Services, Inc., 1600 Osgood
Street, Building 20, Suite 2-64, North Andover, MA 01845
North Andover, MA 01845
TYPING DATE: June 15, 2007
The North Andover Board of Appeals held a public hearing at its regular meeting in the Town Hall top floor
meeting room, 120 Main Street, North Andover, MA on Tuesday, June 12, 2007 at 7:30 PM upon the application of
Downer Brothers Landscaping, Inc., 21 Main Street, for premises at: 0 North Main Street (Map 28, Parcel 22),
North Andover requesting a dimensional Variance from Section 7, Paragraph 7.1 and Table 2 of the Zoning Bylaw
for relief from the requirements of lot area in order to construct a proposed landscaping business garage. Said
premise affected is property with frontage on the West side of North Main Street within the I -S zoning district.
Legal notices were sent to all names on the abutter's list and were published in the Eagle -Tribune, a newspaper of
general circulation in the Town of North Andover, on March 26 & April 2, 2007.
The following voting members were present: Ellen P. McIntyre, Joseph D. LaGrasse, Richard J. Byers, and Thomas
D. Ippolito. The following non-voting members were present: Richard M. Vaillancourt and Daniel S. Braese.
Upon a motion by Richard J. Byers and 2nd by Joseph D. LaGrasse, the Board voted to GRANT a dimensional
Variance from Section 7, Paragraph 7.1 and Table 2 of the Zoning Bylaw for relief of 3,622 square feet of lot area
in order to construct a proposed landscaping business garage; per:
Site:
0 North Main Street 28, Parcel 22), North Andover, MA 10845
Site Plan Title:
Board of Appeals Plan, 0 North Main Street, North Andover, Massachusetts,
Assessors Map 28 Parcel 22, prepared for Abbie Kayla, LLC., North Andover,
Massachusetts
Date (& Revised Dates):
February 14, 2007, Revised 5/9/07
Registered Professional Land
Surveyor:
David Alves, #45454, New England Engineering Services, Inc., 1600 Osgood
Street, Building 20, Suite 2-64, North Andover, MA 01845
Sheet/Drawing:
1 of 1
Building Plan Title:
Proposed Building Elevations, 0 North Main St., North Andover, MA.,
Assessors Map 28, Lot 22, prepared for Downer Brothers Landscaping, North
Andover, MA, February 14, 2007 & Proposed Garage Floor Plan 0 North Main
•
St., North Andover, MA, Assessors Map 28, Lot 22, prepared for Downer
Brothers Landscaping, North Andover, MA 01845, February 23, 2007
By:
B.C.O. Jr., New England Engineering Services, Inc., 1600 Osgood Street,
Building 20, Suite 2-64, North Andover, MA 01845
Date:
February 14, 2007 & February 23, 2007
Sheet/Drawing:
1 of 1
Page 1 of 2
1600 Osgood Street, Building 20 - Suite 2-36, North Andover, Massachusetts 01845
Phone - 978-688-9541 Fax - 978-688-9542 Web - www.townofnorthandover.com
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TRANSMIT --ION VERIFICATION REPORT
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TO:
ZONING BOARD OF APPEALS
Community Development Division
FAX TRANSNUSSJON
FROM: Town o(Nortb Andover
Zoning Board of Appeals
1600 Osgood Street
FAX: 9781-6889542
PIROM.4 97"99-9541
Comex & Wages: , .
P:ate: 7
f
Albert P. Manzi 111, Esq. Chairman
Ellen P. McIntyre, Vice -Chairman
Richard J. Byers, Esq. Clerk
Joseph D. LaGrasse
David R. Webster
Associate Members
Thomas D. Ippolito
Richard M. Vaillancourt
Daniel S. Braese, Esq.
Town Clerk Time Stamp
Town of North Andover
ZONING BOARD OF APPEALS ! D i_ 1 r
TG`:,.
Legal Notice
North Andover, Board of Appeals
2001 NAR 19 DIM 2*- 48
Notice is hereby given that the North Andover Zoning Board of Appeals will hold a
public hearing at the top floor of Town Hall, 120 Main Street, North Andover, MA on
LEGAL NOTICE
Tuesday the I& of April, 2007 at 7:30 PM to all parties interested in the application of
TOWN OF
Downer Brothers Landscaping, Inc., 21 Main Street, for premises at: 0 North Main
NORTH ANDOVER
ZONING BOARD OF
Street (Map 28, Parcel 22), North Andover requesting a dimensional Variance from
LEGAL NAOTICE
Section 7, Paragraph 7.1 and Table 2 of the Zoning Bylaw for relief from the
BOA v FNDOVERAPPEALS
requirements of lot area in order to construct a proposed landscaping business garage.
Notice is hereby given
Andover
that the North
Zoning Board of Appeals
Said premise affected is property with frontage on the West side of North Main Street
will hold a public hearing
at the top floor of Town
within the I -S Zoning district.
Norlthl20 Ando ear, MA oStreetn
Tuesday the 10th of April,
2007 at 7:30 PM to all
are available for review at the office of the Board of Appeals office, 1600 Osgood
artisPlans
apple at onr ested of Downin er
Street, North Andover, MA Monday through Friday during the hours of 8:30AM to
Brothers Landscaping,
Inc., 21 main Street, for
4:30PM.
premises at: 0 North
Main Street (Map 28,
Parcel 22), North
By order of the Board of Appeals
Andover requesting a
dimensional variance
Albert P. Manzi E C
Albert
from Section 7, Para -
graph 7.1 and Table 2 of
the Zoning Bylaw for
relief from the require-
ments of lot area in order
to construct a proposed
landscaping business
garage.
Said premise affected
Published in the Eagle -Tribune on March 26 & April 2, 2007.
is property with frontage
on the West side of North
Main Street within the I -S
zoning district.
Plans are available for
review at the office of the
Board of Appeals office,
1600 Osgood Street,
North Andover, MA Mon -
Legalnotice 2007-006.
Jay through Friday dur-
`9 the hours of 8:30AM
M28P22
', 4:30P sy order of the
e. Board of Appeals
t P. Manzi{ti, Esq.,
Chairman
p s '07, 4/07107
;
1600 Osgood Street, Building 20 - Suite 2-36, North Andover, Massachusetts 01845
Phone - 978-688-9541 Fax - 978-688-9542 Web - www. townofnorthandover.com
ILIMassachusetts Department of Environmental Protection
Bureau of Resource Protection - Wetlands DEP File Number:
WPA Form 5 Order of Conditions 2421382
Massachusetts Wetlands Protection Act M.G.L. c. 131, §40
A. General Information
Important: North Andover
When filling From: 1. Conservation Commission
out forms on
the computer, 2. This issuance is for (check one): ® Order of Conditions ❑ Amended Order of Conditions
use only the,
tab key to 3. To: Applicant:
move your
cursor - do not Gino Fodera G_ FM General Contracting
use the return a. First Name b. Last Name c. Company
key. 325 N. Main Street # 15B
d. Mailing Address
Middleton MA. 01949
e. CitylTown f. State g. Zip Code
4. Property Owner (if different from applicant):
Jean Paul Proulx
a. First Name b. Last Name c. Company
1812 Turnpike Street
d. Mailing Address
North Andover MA. 01845
e. Cityrrown f. State g. Zip Code
5. Project Location:
1812 & 1820-1830 Turnpike Street North Andover
a. Street Address b. City/Town
Map106D Parcels 46 & 47
c. Assessors Map/Plat Number d. Parcel/Lot Number
Latitude and Longitude, if known (note:
electronic filers will click for GIS locator): e. Latitude f. Longitude
6. Property recorded at the Registry of Deeds for (attach additional information if more than one parcel):
Essex North
a. County b. Certificate (if registered land)
902 119
c. Book . p e
2/2/07 �, j 7 13 7
7. Dates: a. Date Notice of Intent Filed b. Date ublic Hearing Closed c. Date Zf list ance
8. Final Approved Plans and Other Documents (attach additional plan or document references as
needed):
Site Development Permit Plan
a. Plan Title
Eastern Land Survey Associates Inc. Christopher R. Mello R. P. L. S.
b. Prepared By c. Signed and Stamped by
S/�Q�b7 1" = 20'
d. F nal K vision Date e. Scale
0
f. Additional Plan or Document Title
Total WPA Fee Paid: $1,850.00
a. Total Fee Paid
��C WI
wpaform5.doc• rev., D
JUL 3 Ad
BOARD OF APPEALS
$512.50
b. State Fee Paid
g. Date
$1,337.50
c. Citylrown Fee Paid
Page 1 of 9
ILIMassachusetts 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
B. Findings
1. Findings pursuant to the Massachusetts Wetlands Protection Act:
DEP File Number:
2421382
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. Z 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
Waterbodies and
d. square feet
Waterways
e. cu.yd dredged f. cu.yd dredged
wpaform5.doc • rev. 3/1/05 Page 2 of 9
Massachusetts Department of Environmental Protection
Bureau of Resource Protection - Wetlands
WPA Form 5 - Order of Conditions
Massachusetts Wetlands Protection Act M.G.L. c. 131, §40
DEP File Number:
2421382
B. Findings (cont.)
❑
Barrier Beaches
12.
Resource Area
Proposed
Permitted
Proposed
Coastal Dunes
Alteration
Alteration
Replacement
6. ❑ Bordering Land
❑
Rocky Intertidal
Subject to Flooding
a. square feet
b. square feet
c. square feet
Cubic Feet Flood
17.
❑
Land Under Salt
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)
s. ❑ Designated Port
Areas
Indicate size under Land Under the Ocean, below
1o. ❑ Land Under the
Ocean
a. square feet
b. square feet
11.
❑
Barrier Beaches
12.
❑
Coastal Beaches
13.
❑
Coastal Dunes
14.
❑
Coastal Banks
15.
❑
Rocky Intertidal
Shores
16.
❑
Salt Marshes
17.
❑
Land Under Salt
Ponds
18. ❑ Land Containing
Permitted
Replacement
h. cubic feet
f. cubic feet
Indicate size under Coastal Beaches and/or Coastal Dunes below
a. linear feet b. linear feet
c. 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:
2421382
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, WA DEP"]
"File Number 242-1382
wpaform5.doc • rev. 3/1/05 Page 4 of 9
L - ,],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:
2421382
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:
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wpafortn5.doc • rev. 3/1/05 Page 5 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:
2421382
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 law are as follows:
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document
wpaform5.doc • rev. 3/1/05 Page 6 of 9
DEP FILE # 242 -1382
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 Mi
18. Failure to comply with all conditions stated herein, and with all related statutes and other
regulatory measures, shall be deemed cause to revoke or modify this Order.
19. This Order does not grant any property rights or any exclusive privileges; it does not
authorize any injury to private property or invasion of property rights. However, the
NACC, agent of the NACC or the Department of Environmental Protection (DEP)
reserves the right to enter and inspect the property at all reasonable times until a
Certificate of Compliance is issued, to evaluate compliance with this Order of Conditions,
the Act (310 CMR 10.00), the North Andover Wetland Bylaw and Regulations, and may
require any information, measurements, photographs, observations, and/or materials, or
may require the submittal of any data or information deemed necessary by the NACC for
that evaluation. Further, work shall be halted on the site if the NACC, agent or DEP
determines that any of the work is not in compliance with this Order of Conditions.
Work shall not resume until the NACC is satisfied that the work will comply and has so
notified the applicant in writing.
20. This Order does not relieve the permittee or any other person of the necessity of
complying with all other applicable federal, state or local statutes, ordinances, by-laws or
regulations.
21. The work authorized hereunder shall be completed within three years from the date of
this order.
22. This Order may be extended by the issuing authority for one or more periods of up to one
year each upon application to the issuing authority at least thirty days (30) prior to the
expiration date of the Order (Refer to Section 8.3 (p.37) of the North Andover Wetland
Regulations).
23. The NACC reserves the right to amend this Order of Conditions after a legally advertised
public hearing if plans or circumstances are changed or if new conditions or information
so warrant.
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.
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25. This Order of Conditions is issued under File No. 242-1382.
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 two-story retail/office building,
associated parking, stormwater management structures, access drives, and associated
grading within the buffer zone to bank and a BVW associated with an intermittent
stream. The site is also located within Estimated Habitat of the Blandings Turtle
(Emydoidea blandingii), a state protected rare species, but was designed in corporation
with NHESP as to result in a no adverse affect on the habitat of the species.
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: GFM General Contracting Corp. (Applicant)
C/o Gino Fodera
325 N. Main Street, No. 15B
Middleton, MA 01949
Dated February 2, 2007
Jean Paul Proulx (Owner)
1812 Turnpike Street
North Andover, MA 01845
Prepared by: Epsilon Associates, Inc. (Representative)
3 Clock Tower Place, Suite 250
Maynard, MA 01754
Site Plans prepared by: Eastern Land Survey Associates, Inc.
104 Lowell Street
Peabody, MA 01960
Entitled "Site Development Permit Plan" dated October
21, 2006, revised through May 30, 2007, consisting of
sheets 1-7. Stamped & Signed by Christopher R. Mello,
P.L.S.
Other Record Plans &
Documents: Stormwater Management Report prepared by Eastern
Land Survey Associates, Inc. dated October 2006, revised
May 2007 and Stormwater Drainage revisions dated 5/07,
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DEP FILE # 242 -1382
Landscape & Lighting Plan dated 5/23/07, revised 6/12/07.
Prepared by Huntress Associates, Inc.;
Operation and Maintenance Plan dated May 2007;
Drainage Review Letter prepared by Eggleston
Environmental dated May 21,2007;
Drainage Review Response Letter prepared by Eastern
Land Survey Associates, Inc. dated May 31, 2007,
Drainage Review Letter prepared by Eggleston
Environmental dated June 6, 2007;
Drainage Review Response Letter prepared by Eastern
Land Survey Associates, Inc. dated June 11, 2007;
Construction Sequencing Plan (no date);
Division of Fisheries & Wildlife Natural Heritage &
Endangered Species Letter dated June 8, 2007.
30. The following wetland resource areas are affected by the proposed work: Buffer Zone to
a Bordering Vegetated Wetland (BVW) to an intermittent stream and Bank. 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 and as previously approved under 242-1370 (ORAD).
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 in those locations as depicted on the approved
plan referenced herein. 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. 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
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DEP FILE # 242 - 1382
conditions. Thereafter, the contractor will be held jointly liable for any violation of this
Order resulting from failure to comply with its conditions.
34. The NACC finds the applicant's proposal for buffer zone restoration/enhancement to
be adequate. The buffer zone enhancement areas shall be constructed during
construction activities and in accordance with the approved Landscape & Lighting Plan
referenced herein. This sequence shall be reflected in the revised construction -
sequencing plan.
35. The owners of the project and their successors in title, in the event they proceed to alter
areas subject to the Commissions jurisdiction under the order, agree that the Order does
not in itself impose upon the Town any responsibility to maintain the proposed drainage
system and that said Town shall not be liable for any damage in the event of failure. By
acceptance of this Order, the owners agree to indemnify and hold harmless to the Town
and its residents for any damage attributable to alterations undertaken on this property
pursuant to the Order. Maintenance of the drainage system, if accepted by the Town as
part of a public way, becomes the responsibility of the Town.
36. 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.
"PRIORO CONSTRUCTION
37. 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.
38. This Order shall be recorded by the applicant at the Registry of Deeds immediately after
the expiration of all appeal periods. No work shall be undertaken until the Final Order
has been recorded in the Registry of Deeds or the Land Court for the district in which the
land is located, within the chain of title of the affected property. In the case of recorded
land, the Final Order shall also be noted in the Registry's Grantor Index under the name
of the owner of the land upon which the proposed work is to be done. In the case of
registered land, the Final Order shall also be noted on the Land Court Certificate of Title
of the owner of the land upon which the proposed work is to be done. The recording
information shall be submitted to the North Andover Conservation Commission on the
form at the end of this Order prior to commencement of the work. Any Order not
recorded by the applicant before work commences may be recorded by the NACC at
the applicant's expense.
39. A sign shall be displayed at the site not less than two square feet or more than three
square feet in size bearing the words "Massachusetts DEP, File Number 242-1382."
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40. Prior to the commencement of any work, the applicant shall submit to the Conservation
Department a copy of the approved NPDES Storm Water Pollution Prevention Plan
(SWPPP) for the file.
41. Any changes in the submitted plans caused by the applicant, another Board's decision
or resulting from this Order of Conditions must be submitted to the NACC for
approval prior to implementation. If the NACC finds said changes to be significant, the
NACC will call for another public hearing (at the expense of the applicant). Within 21
days of the close of said public hearing the NACC will issue an amended or new 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.
42. 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.
43. The applicant submitted a Construction Sequencing Plan and is referenced herein.
However, prior to any work commencing on site, the applicant shall submit a revised
construction sequencing plan to the NACC for review and approval to include
additional items, if not already included, such as a dated timetable of construction, the
construction of compensation and retention areas, installation of sedimentation/erosion
control devices, roadway infrastructure, and the construction of the associated
stormwater management structures. The construction sequence shall specify that the
stormwater management structures will be constructed first, prior to any other site
preparation. This timetable must continue to be updated throughout the project.
44. Wetland flagging shall be checked prior to start of construction and shall be re-established
where missing. All wetland flagging shall remain visible and enumerated per the
approved plan(s) throughout the life of the project and until a Certificate of Compliance is
issued so that erosion control measures can be properly placed and wetland impacts can
be monitored. The proposed limit of work shall be shall be clearly marked with stakes or
flags and shall be confirmed by the NACC. Such markers shall be checked and replaced
as necessary and shall be maintained until all construction is complete. Workers should
be informed that no use of machinery, storage of machinery or materials, stockpiling of
soil, or construction activity is to occur beyond this line at any time. All flags used for the
above purposes shall be of a color different from other flagging used on the site.
45. 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
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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
Commissions request.
46. The applicant shall have on hand at the start of any soil disturbance, removal or
stockpiling, a minimum of 50 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. All
additional emergency erosion controls shall be on site prior to the commencement of
any work on site and will be verified by the Conservation Department during the pre -
construction meeting.
47. A check payable to the Town of North Andover shall be provided in the amount of
$20,000, 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.
48. The applicant shall designate a Qualified Professional Wetland Scientist as an "Erosion
Control Monitor" to oversee any emergency placement of controls and regular inspection
or replacement of sedimentation control devices. The name and phone number of the
erosion control monitor must be provided to the NACC in the event that this person has
to be contacted, due to an emergency at the site, during any 24-hour period, including
weekends. Proof of the retained monitor must be submitted to the Conservation
Department on letterhead by the retained consulting firm for subsequent review and
approval by the NACC or agent thereof. This person shall be given the authority to
stop construction for erosion control purposes. The erosion control monitor will be
required to inspect all such devices and oversee cleaning and the proper disposal of waste
products. Cleaning shall include removal of any entrapped silt.
49. ON EVERY MONDAY of each week, or otherwise arranged by the NACC, in which
construction activities occurs on-site and for as long thereafter as ground remains
unstable, it is the applicant's responsibility to ensure that the Environmental/ Erosion
Control Monitor (EMC) monitor the site and submit written reports to the NACC. The
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EMC shall certify 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. Monitoring reports shall include current condition of
erosion and sedimentation controls; describe any erosion or sedimentation repair and/
or replacement, and describe any erosion or sedimentation problems and mitigation
measures implemented. Such reports shall continue until the applicant requests a less
frequent reporting schedule or an end to reports. This request must be submitted in
writing and is subject to approval by the Conservation Administrator.
50. The applicant and/or the legal owner of that portion of land upon which these Orders of
Conditions have been placed shall provide to the NACC prior to transferring, or
assigning any portion of said land to another party, subject to said Orders of
Conditions, the "Compliance Certification Form Affidavit" attached 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 after to
the closing of said land transaction.
51. 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 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 for each pre -
construction meeting (e.g. 72 hours).
STORMWATER MANAGEMENT CONDITIONS
52. All construction and post -construction stormwater management systems shall be
conducted in accordance with the approved construction sequence, supporting
documents and plans submitted with the Notice of Intent, the Department of
Environmental Protection Stormwater Management Policy, and the approved
Operation and Maintenance Plan attached herein.
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53. Evidence of maintenance of the stormwater management system shall be provided to
the NACC on an annual basis by a Registered Professional Civil Engineer. The first report
shall be submitted to the NACC one year after the first stormwater structure goes on-line
and annual reports must continue to be submitted until a Certificate of Compliance is
issued. Compliance with the designed stormwater management system and associated
stormwater management conditions shall be satisfied prior to the issuance of a Certificate
of Compliance.
54. All drainage structures shall be properly installed and functional. During construction,
all drainage structures shall be maintained, as outlined in the approved Operation and
Maintenance Plan attached herein.
55. Construction of the stormwater structures shall be constructed and functioning as part
of the initial project phase, immediately following clearing and rough grading of the site
to serve as siltation control during construction. Runoff from the site shall be directed
towards these basins.
56. Temporary and/or permanent basins being used for sedimentation and dewatering
during construction shall be cleaned of sediment when levels exceed six (6) inches. The
basins shall be cleaned of sediment prior to final grading and construction of permanent
stormwater basins.
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.
58. Water quality down gradient of BVW's shall not differ significantly following completion
of the project from the pre -development conditions. There shall be no sedimentation into
wetlands or water bodies from discharge pipes or surface runoff leaving the site.
59. Prior to the issuance of the Certificate of Compliance, the applicant shall be
responsible for cleaning all stormwater structures, in accordance with the approved
Operation & Maintenance Procedures Plan attached herein and the associated stormwater
management conditions referenced herein.
60. 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.
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DURING CONSTRUCTION
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 (R.P.L.S.) which
accurately depicts the foundation location and it's proximity to wetland resource areas as
approved under this Order of Conditions. Said plan shall be submitted to the Conservation
Administrator for approval.
62. Accepted engineering and Best Management Practices (BMPs) for construction standards
shall be followed in the conduct of all work.
63. A crushed stone construction entrance shall be designated at all entrance/exit drives to
minimize soil/material tracking in accordance with the approved standards and
specifications. Construction entrances shall be maintained and 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. The areas of construction shall remain in stable condition at
the close of each construction day. All erosion controls shall be in place throughout the
duration of any construction on site or unless authorized by the Conservation personnel.
65. Upon beginning work, the applicant shall submit written progress reports every week
detailing what work has been done in or near resource areas, and what work is anticipated to
be done over the next period. This will update the construction sequence.
66. The buffer zone enhancement plantings shall be implemented in accordance with the
approved Landscape & Lighting Plan referenced herein and shall be monitored by a
qualified wetland scientist during planting activities.
67. The qualified wetland scientist shall monitor the wetland and buffer zone restoration
area for two consecutive growing seasons. Monitoring reports shall be submitted to the
Conservation Department at the end of each growing season (spring and fall). A total of
four monitoring reports for the restoration areas shall be submitted over a 2 -year period.
Monitoring reports shall describe, using narratives plans, and color photographs, the
physical characteristics of the restoration areas with respect to stability, survival of
vegetation and plant mortality, aerial extent and distribution, species diversity and vertical
stratification (i.e. herb, shrub and tree layers), and the amount of invasive species in'the
area. If at the end of the second growing season, or at any time within the 2 -year growing
season period, it has been determined that a 75% success rate has not been achieved, the
NACC shall require additional enhancement measures, such as additional plantings.
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68. The NACC finds that the installation of a fence is necessary around the project site
within the buffer zone in order to deter trash and other debris from entering the wetland
resource area and associated buffer zones. Therefore, a 6 -foot high vinyl fence shall be
installed from the Turnpike Street entrance to the Berry Street entrance along the easterly
limits of the proposed project. Specific locations for the fence may include, but shall not
be limited to, installation at the top of the proposed retaining wall along the front parking
area closest to Turnpike Street. A 4 -foot high vinyl fence may be considered in locations
where a 6 -foot high fence is not practical as determined and approved by the NACC.
Specific locations and heights for the fence shall be proposed by the applicant on a revised
landscaping plan and shall be submitted to the NACC for review and subsequent
approval.
69. All catch basins shall contain oil/ gasoline traps, and it shall be a continuing condition of
this order, even after a Certificate of Compliance is issued, that the oil/ gasoline traps in the
catch basins be maintained. All catch basins shall be free of all accumulated silt and debris
before Compliance is issued and the owner or his/her agent shall so specify in the request for
Compliance.
70. The sewer lines on the site, where they cross wetland resource areas, shall be tested for
water tightness in accordance with North Andover DPW standards.
71. Silt sacs/filter fabric or other siltation/sedimentation protection methods shall be
installed at any catch basin/storm drain within 50 feet of the work.
72. The Erosion Control Monitor shall be on site during and/or following a major storm
event of 1 inch of rain or greater to ensure that soils remain stable, erosion controls are
adequate and secure, and that all BMP's are adequately functioning.
73.Approved de -watering activities anticipated shall be supervised and witnessed by the
designated erosion control monitor. This designee must be on-site at all times while
dewatering is occurring. De -watering activities shall be conducted as shown on the
approved plans and shall be monitored daily by the erosion control monitor to ensure that
sediment laden water is appropriately settled prior to discharge toward the wetland
resource areas. No discharge of water is allowed directly into an area subject to jurisdiction
of the Wetlands Protection Act and/or the North Andover Wetland Bylaw. If emergency de-
watering requirements arise, the applicant shall submit a contingency plan to the
Commission for approval, which provides for the pumped water to be contained in a
settling basin, to reduce turbidity prior to discharge into a resource area.
74. Associated pavement and roadways shall be swept at least once per week or as directed
by the Erosion Control monitor, the Site Supervisor, Project Manager, or the Conservation
staff for as long as the site remains exposed and unstabilized.
75. 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.
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76. All exposed soil finish grade surfaces shall be immediately landscaped and stabilized, or
loamed, seeded and mulched, with a layer of mulch hay. All disturbed areas must be
graded, loamed and seeded prior to November 1St of each year. Outside of the growing
season, exposed soil finish grade surfaces shall be stabilized with a layer of mulch hay until
climate conditions allow for seeding. During construction, any area of exposed soils that will
be left idle for more than 30 days shall be stabilized with a layer of mulch hay or other means
approved by the NACC.
77. 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.
78. Equipment shall not be staged overnight within 50 -feet of a wetland resource area.
79. There shall be no stockpiling of soil or other materials within twenty-five (25) feet of any
resource area.
80. Washings from concrete trucks, or surplus concrete, shall not be directed to, any drainage
system, or wetland resource area.
81. 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.
82. During and after work on this project, there shall be no discharge or spillage of fuel, or
other pollutants into any wetland resource area. If there is a spill or discharge of any
pollutant during any phase of construction the NACC shall be notified by the applicant
within one (1) business day. No construction vehicles are to be stored within 100 feet of
wetland resource areas, and no vehicle refueling, equipment lubrication, or maintenance is to
be done within 100 feet of a resource area.
AFTER CONSTRUCTION
-M – - — WJ
83. 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.
84. Fertilizers utilized for landscaping and lawn care shall be slow release, low -nitrogen types
(< 5%), and shall not be used within 25 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
CAWinword\00C\1812 TumpikeSt.doc 11 NACC 7/3/2007
DEP FILE # 242 - 1382
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.
85. The approved Operation & Maintenance Plan is fully binding upon the applicant
and/or owners, successors, agents, associations, heirs and assigns and must be adhered to
in perpetuity.
86. Prior to the issuance of a Certificate of Compliance, the applicant shall submit an
Affidavit from the assignee (s) acknowledging the Operation & Maintenance
responsibilities of the stormwater management systems in accordance with the approved
Operation & Maintenance Plan and other perpetual conditions mandated in this Order.
87. No road salt, sodium chloride, or other de-icing chemicals shall be used on paved surfaces
within the buffer zone, and any arrangement for snow removal shall so stipulate due to the
importance of the site and wetlands. Permanent signs designating "No -Salt Zone" and
"No -Snow Stockpiling Zones" shall be displayed in prominent locations. The location
and placement of these signs are subject to review and subsequent approval by the NACC
or Agent thereof. Signs are available for purchase at the Conservation Department.
Additional snow management procedures and snow storage/removal operations shall be
addressed in accordance with the approved Operation & Maintenance Plan and designated
snow storage areas as depicted on the approved Landscape & Lighting Plan referenced
herein.
88. Upon completion of work, the applicant shall permanently mark the edge of the "25' No -
Disturbance Zone" with eight (8) signs or markers spaced evenly every 50 feet
incorporating the following text: "Protected Wetland Resource Area". This will designate
their sensitivity and assure no further inadvertent encroachment into the wetland. These
permanent markers are subject to review and approval by the NACC. The applicant shall
instruct all agents to explain these markers to buyers/lessees/landscapers and all persons
taking over the property from the applicant.
89. 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.
90. Upon approved site stabilization by Conservation staff, the erosion controls shall be
removed and properly disposed of and all exposed unvegetated areas shall be seeded.
91. 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.
C:\Winword\OOC\1812 TurnpikeSt.doc 12 NACC 7/3/2007
DEP FILE # 242 - 1382
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 my disturbance of soils or vegetation.
> Location of all subsurface utilities entering the property.
92. 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);
CAWinword\00C\1 812 TumpikeStdoc 13 NACC 7/3/2007
DEP FILE # 242 -1382
➢ Discharge or spillage of pollutants (Condition #82);
➢ Maintenance of catch basins (Condition #69);
➢ Maintenance of 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 (Condition #60);
➢ Prohibition of underground fuels (Condition #83);
➢ Limitations on the use of fertilizers, herbicides, road salts, de-icing compounds
and pesticides (Conditions #84 & # 87).
➢ The attached "Stormwater Operations and Management Plan", including Best
Management Practices. No additional filings will be required to conduct
maintenance of the above referenced system and plan (Condition # ).
C:\Winword\OOC\1812 TurnpikeSt.doc 14 NACC 7/3/2007
DEP FILE # 242 -1382
I,
APPENDIX A — AFFIDAVIT
(authorized agent of applicant and / or owner)
1) I am the
on oath do hereby depose and state:
(PLEASE CHECK AT LEAST ONE BLOCK)
(position with applicant)
of
the applicant upon whom the Order of Conditions
(applicant's name)
(DEP or NACC File #)
have been
placed upon by the North Andover Conservation Commission (NACC).
2) I am the
(position with owner)
and/or
of
(owner)
the owner upon whose land Order of Conditions
(DEP or NACC File #)
placed upon by the NACC.
have been
♦ I hereby affirm and acknowledge that I have received said Order of Conditions and
have read the same and understand each and every condition, which has been set
forth in said Order of Conditions.
♦ I hereby affirm and acknowledge that on this day of
20----, I inspected said property together with any and
all improvements, which have been made to the same and hereby certify that each
and every condition set forth in the Order of Conditions are presently in
compliance.
♦ I hereby affirm and acknowledge that this document will be relied upon by the
NACC, as well as any potential buyers of said property, which is subject to the
Order of Conditions.
Signed under the pain and penalties of perjury this day of
20
(Authorized agent of applicant or owner)
CAWinword\00C\1812 TumpikeSt.doc 15 NACC 7/3/2007
tZecard
OPERATION AND MAINTENANCE PLAN
PROPOSED STORMWATER MANAGEMENT FACILITIES
1820-1830 TURNPIKE STREET
NORTH ANDOVER, MASSACHUSETTS
MAY 2007
The following Operations and Maintenance Plan ("O&M") has been prepared to ensure
that proposed systems function as designed. The O & M plan includes a maintenance
schedule to ensure that structural and non-structural components are implemented
properly and identifies the responsible parties.
A brief summary of the specific BMP's to be implemented at the site are as follows:
Non -Structural Methods
Site Layout
Any naturally and maintained vegetated buffers temporarily disturbed during stormwater
structure installation will be stabilized upon completion of project activities.
Source Control
A comprehensive source control program will be implemented at the site which includes
regular pavement sweeping (at least four times per year), catch basin cleaning, and
Stormceptor cleaning and infiltration bed inspection and cleaning.
Spill Prevention
A spill prevention plan that includes an emergency notification plan and cleanup program
will be developed as part of the National Pollution Discharge Elimination System
(NPDES) Construction General Permit. At a minimum the following good housekeeping
practices will be followed on-site during construction:
I . An effort will be made to store only enough product required to do the job.
2. All materials stored on-site will be kept in a neat, orderly manner in their
appropriate containers and, if possible, under a roof or other enclosure.
Structural Methods
A. Deep Sump Catch Basins
During Construction
a. Protect catch basins grates with hay bales, check dams until base
paving course is installed and landscaped areas are stabilized
and/or vegetated.
b. Inspect basins monthly or following rainstorms of greater than one
inch in 24 hours and clean when sediment levels are greater than
twelve inches.
2. Long Term
a. Inspect basins monthly and clean as necessary, but at least twice
annually.
B. Stormceptor Unit
Maintain in accordance with Manufacturer's recommendations (copy
follows). The Stormceptor Units shall be inspected at least four times
annually and after any spill event. The units shall be maintained annually
and immediately following any spill event.
C. Infiltration Beds
During Construction
a. Before the development site is graded, areas of infiltration beds
should be roped off to prevent heavy equipment from compacting
the underlying soils.
b. Infiltration beds shall not be used as temporary sediment traps
during construction.
C. During and after excavation, all excavated materials should be
placed away from the infiltration beds to prevent redeposition
during runoff events. All excavated materials should be properly
handled and disposed, during and after construction.
d. Light earth -moving equipment should be used to excavate the
infiltration basin. The basin floor should be deeply tilled with a
rotary tiller or a disc harrow to restore infiltration rates, after final
grading.
2. Long Term
a. The infiltration beds shall be inspected following each major storm
(more than one inch of rainfall in 24 hours) but at least four times
annually. Water levels in the observation wells should be recorded
at the beginning, 24 hours and 48 hours following a major storm.
The water level should not exceed six inches at 48 hours after the
end of the storm. If so, the bed is likely to require cleaning or
replacement. The use and maintenance of pretreatment BMP's
(catch basins and Stormceptors) will minimize the likelihood of
maintenance of the infiltration beds.
D. Snow Removal
Snow removal will be conducted in accordance with the DEP, Bureau of
Resource Protection Snow Disposal Guidance, effective March 8, 2001. Snow
will not be stockpiled in or adjacent to wetland resource areas. Snow will be
stockpiled in the designated soil stockpile areas shown on the project plans. Snow
will not be stockpiled within the 25' No -Disturbance Zone or on top of storm
drains.
E. Trench Drain and Pump System
1. Trench drain shall be inspected monthly and cleaned as necessary but at
least twice annually.
2. Pump Chamber — Pump chamber, pumps, controls and alarms shall be
inspected on a semi-annual basis. Debris solids shall be removed from the
chamber. Elapsed time meters for pumps shall be read and noted, as well
as proper operation of all pumps and float switches. Any maintenance
procedures shall be noted.
3. Emergency Procedures — The building is to be provided with an on-site,
natural gas or propane -fired emergency generator. The generator capacity
and switching design shall include the capability to run the pumps.
4. In the event of pump failure, the building owner and/or manager shall be
notified immediately to effect repairs or emergency pumping.
F. Erosion Control Procedures
Staked hay bales, silt fence, temporary diversion swales and sediment
basins shall be installed in accordance with this plan or as otherwise
directed by the project engineer or the Conservation Commission prior to
commencement of construction activities. 20 additional hay bales and 100
ft. of silt fence shall be kept on site for repairs or other erosion control
needs. The contractor shall inspect erosion control facilities weekly and
after every rainfall event to confirm that same are properly functioning.
Any deficiencies in the erosion control facilities shall be corrected
immediately.
2. All soil stockpiles shall be protected against erosion utilizing erosion
control barriers and/or crushed stone filter dikes. Any stockpiling of soils
with a duration of longer than two days shall be done outside of the Buffer
Zone.
3. Catch basins shall be protected with filters, as shown hereon until no
sediment transport is visible during rainfall events. Filters shall be
inspected weekly and maintained as necessary.
4. Temporary erosion control measures to be taken during construction shall
conform with the "Massachusetts Erosion and Sediment Control
Guidelines, Urban and Suburban Areas" dated March 1997, and may
include some or all of the following measures:
• Temporary seeding
• Temporary mulching (straw)
• Permanent seeding
• Hydroseeding
• Sodding
• Placement of hay or jute netting during winter months
5. Debris and/or litter shall be removed from the site on a weekly basis.
6. If dust is generated during construction, it shall be controlled by use of
water trucks, sprinkling or temporary stabilization methods.
7. At the completion of the project, all disturbed areas shall be permanently
stabilized with loam and seed or other ground cover. All stormwater
BMP's shall be inspected and cleaned as necessary. Paved areas shall be
swept.
The party responsible for Operation and Maintenance of the Stormwater Management
Facilities is:
GFM General Contracting Corporation
325 N. Main Street #15B
Middleton, MA. 01949
Tel: 617-877-9963
Or its heirs and assigns.
4.1 Recommended Maintenance rroceaure
- Oil is removed through the 6" inspection/cleanout pipe and sediment is removed through the 24"
diameter outlet riser pipe. Alternatively, oil could be removed from the 24" opening if water is
removed from the treatment chamber, lowering the oil level below the drop pipes.
The depth of sediment can be measured from the surface of the Stormceptor with a dipstick tube
equipped with a ball valve (Sludge Judge"). Rinker Materials recommends maintenance be performed
once the sediment depth exceeds the guideline values provided in Table 8.
Table 8. Sediment Depths Indicating
Required Maintenance*
Model
Sediment Depth
4501
8"
(200 mm)
900
8"
(200 mm)
1200
10"
(250 mm)
1800
15"
(375 mm)
2400
12"
(300 mm)
3600
17"
(425 mm)
4800
15"
(375 mm)
6000
18"
(450 mm)
7200
15"
(375 mm)
11000s
17"
(425 mm)**
13000s
20"
(500 mm)**
16000s
17"
(425 mm)**
* Depths are approximate
** Depths in each structure
No entry into the unit is required for routine maintenance of the Inlet Stormceptor or the smaller disc
insert models of the In -Line Stormceptor. Entry to the level of the by-pass may be required for
servicing the larger in-line models. Any potential obstructions at the inlet can be observed from the
surface. The by-pass chamber has been designed as a platform for authorized maintenance personnel,
in the event that an obstruction needs to be removed, drain flushing needs to be performed, or camera
surveys are required.
Typically, maintenance is performed by the Vacuum Service Industry, a well established sector of the
service industry that cleans underground tanks, sewers, and catch -basins. Costs to clean a Stormceptor
@!` will vary based on the size of the unit and transportation distances. If you need assistance for cleaning
a Stormceptor unit, contact your local Rinker Materials representative, or the Rinker Materials
Stormceptor Information Line at (800) 909-7763.
Disposal
The requirements for the disposal of material from a Stormceptor are similar to that of any other Best
Management Practices (BMPs). Local guidelines should be consulted prior to disposal of the separator
contents.
i
I
In most areas the sediment, once dewatered, can be disposed of in a sanitary landfill. It is not
anticipated that the sediment would be classified as hazardous waste. In some areas, mixing the water
with the sediment will create a slurry that can be discharged into a trunk sanitary sewer. In all disposal
options, approval from the disposal facility operator/agency is required. Petroleum waste products i
collected in Stormceptor (oil/chemical/fuel spills) should be removed by a licensed waste management
i
company.
ILIMassachusetts Department of Environmental Protection
Bureau of Resource Protection - Wetlands
WPA Form 5 - Order of Conditions
Massachusetts Wetlands Protection Act M.G.L. c. 131, §40
F. Appeals
DEP File Number:
2421382
The applicant, the owner, any person aggrieved by this Order, any owner of land abutting the land subject
to this Order, or any ten residents of the city or town in which such land is located, are hereby notified of
their right to request the appropriate DEP Regional Office to issue a Superseding Order of Conditions.
The request must be made by certified mail or hand delivery to the Department, with the appropriate filing
fee and a completed Request of Departmental Action Fee Transmittal Form, as provided in 310 CMR
10.03(7) within ten business days from the date of issuance of this Order. A copy of the request shall at
the same time be sent by certified mail or hand delivery to the Conservation Commission and to the
applicant, if he/she is not the appellant. Any appellants seeking to appeal the Department's Superseding
Order associated with this appeal will be required to demonstrate prior participation in the review of this project.
Previous participation in the permit proceeding means the submission of written information to the
Conservation Commission prior to the close of the public hearing, requesting a Superseding Order or
Determination, or providing written information to the Department prior to issuance of a Superseding Order
or Determination.
The request shall state clearly and concisely the objections to the Order which is being appealed and how
the Order does not contribute to the protection of the interests identified in the Massachusetts Wetlands
Protection Act, (M.G.L. c. 131, § 40) and is inconsistent with the wetlands regulations (310 CMR 10.00).
To the extent that the Order is based on a municipal ordinance or bylaw, and not on the Massachusetts
Wetlands Protection Act or regulations, the Department has no appellate jurisdiction.
Section G, Recording Information is available on the following page.
wpaform5.doc • rev. 3/1/05
Page 8 of 9
LitMassachusetts Department of Environmental Protection
Bureau of Resource Protection - Wetlands DEP File Number:
WPA Form 5 - Order of Conditions 2421382
Massachusetts Wetlands Protection Act M.G.L. c. 131, §40
G. Recording Information
This Order of Conditions must be recorded in the Registry of Deeds or the Land Court for the district in
which the land is located, within the chain of title of the affected property. In the case of recorded land, the
Final Order shall also be noted in the Registry's Grantor Index under the name of the owner of the land
subject to the Order. In the case of registered land, this Order shall also be noted on the Land Court
Certificate of Title of the owner of the land subject to the Order of Conditions. The recording information
on Page 7 of this form shall be submitted to the Conservation Commission listed below.
North Andover
Conservation Commission
Detach on dotted line, have stamped by the Registry of Deeds and submit to the Conservation Commission.
---------------------------------------------------------------------------------------------------------------------------
To:
North Andover
Conservation Commission
Please be advised that the Order of Conditions for the Project at:
242-1382
Project Location DEP File Number
Has been recorded at the Registry of Deeds of:
County Book Page
for:
Property Owner
and has been noted in the chain of title of the affected property in:
Book Page
In accordance with the Order of Conditions issued on:
Date
If recorded land, the instrument number identifying this transaction is:
Instrument Number
If registered land, the document number identifying this transaction is:
Document Number
Signature of Applicant
wpaform5.doc • rev. 3/1/05
Page 9 of 9
ilLMassachusetts 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:
2421382
This Order is valid for three years, unless otherwise specified as a special 7
condition pursuant to General Conditions #4, from the date of issuance. 1. Date of IssZonce
Please indicate the number of members who will sign this form: S-
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 if different
from applicant.
Signatures: /
Notary Acknowledgement
Commonwealth of Massachusetts County of
On this Day 0-7+9 of
Before me, the undersigned Notary Public,
personally appeared
Essex North
aoal
Month Year
, -0-H- MSS sP
Name of Document Signer
proved to me through satisfactory evidence of identification, which was/were
Massachusetts License
Description of evidence of identification
to be the person whose name is signed on the preceding or attached document, and acknowledged to
me that he/she signed it voluntarily for its stated purpose.
As member of North Andover
City/Town Conservation Commission
�j DONNAUDTW WEDGE
COMMONNIEALTH MASSAACHUSETTS
My comm. Explms Aug. 7, 2009
Place notary seal and/or any stamp above
This Order is issued to the applicant as follows:
❑ by hand delivery on
Date
9'� 31
���
Signatureof Notary Public o
Uor7nt %i �Z
Printed Name of N tary Public
l_7 l aao 9
My Comm issionk-xpires (Date)
1dby certified mail, return receipt requested, on
3 to
Date
wpaform5.doc • rev. 3/1/05
Page 7 of 9
MAY -09-2007 15:32 From:
SM_OLAK & VAUGHAN �
-�ATT0F:NEYS AT lAiN
By Facsimile
Albert P. Manzi. III. Esq., Chairman
Zoning Board ol'Appeals
Town of North Andover
Building 20, Suite 2-36
1600 Osgood Street
North Andover, Massachusetts 01845
To:9786889542 P.2/2
RF_: Application for Lot Size Variance
Property: 0 North Maid Street (Assessors Map 28, Lot 22)
Owner., Abbie Kayla LLC
®oolicant: DowngL ftthers LandscapjnS inc.
Dear Chairman Manzi and Other Board Members:
Brian (;. Vaughan
'I' 979.3?7.5217 11" 479-327-5314
hvuughunit .;m4)lnkvau_,hnn com
May 9, 2007
Reference is made to the above Variance application which is rending before the Board.
Consistent with my earlier discussion with the Chairman, we have requested that this
matter be moved to the end of your agenda for this evening to accommodate scheduling
wnlliets with our engineer. in addition, we discussed that we will agree to a continunnce
of the matter if your agenda moves quickly and at the time for hearing Mr. Osgood and 1
have not yet arrived.
Thank you tit you cooperation in light of our scheduling; conflict.
Very truly yours,
Brian G. Vaughan
Cu:
MAY 9 - Z007
BOARD OF APPEALS
Ben Osgood, Jr.
Chris Downer
Jefferson Office Park, 820 Turnpike Street, Suite 203, North Andover, MA 01845
W W W.SMOLAKVALiGHAN.COM
NEw ENGLANDENGINEERING SERVICES, INC.
1600 Osgood Street
Building 20 Suite 2-64
North Andover, MA 01845
Tel: (978) 6Q86-1768 • Fax: (978) 327-6138
Begjar9riin�C. Osgood, Jr., P.E.
President
Albert P. Manzi, III, Esq. Chairman
North Andover Board of Appeals
1600 Osgood Street
North Andover, MA 01845
Re: 0 North Main Street, North Andover
Variance application
Dear Mr. Chairman:
Enclosed are 8 copies of revised plans for the above referenced property. The changes to
the plans include the following.
1. the two gates at the entrances have been shown.
2. Grass areas along the roadway have been added.
3. Notes 6 and 7 have been added regarding the requirement for additional
approvals.
Attorney Vaughn and I will be at your meeting to discuss this matter. Since I have a
previously scheduled meeting in Georgetown I would appreciate being heard at the end
of the meeting.
Sincerely,
/;?;�- C 0,
Benjamin C. Osg d, Jr., PE
President
N E C E � W I
D
MAY , -1007
BOARD OF APPEALS
Town of North Andover
ZONING BOARD OF APPEALS
Albert P. Manzi III, Esq. Chairman
Ellen P. McIntyre, Vice -Chairman t NORTH
Richard J. Byers, Esq. Clerk i? *.4"`� ;`• ~oL
Joseph D. LaGrasse p �.
David R. Webster ►- = 7D
Associate Members * i
Thomas D. Ippolito
Richard M. Vaillancourt 'S' +°►ter.° �•'° c`�
Daniel S. Braese, Esq. ,ss�CHUs�`t
Town of North Andover
Zoning Board of Appeals
1600 Osgood Street
North Andover MA 01845
Town Clcrk Timc Stamp
2007 MAY 14 PH 1: 22
MASSA
Date 1�i6!1 9. 7
j
Please be advised that I have agreed to waive the time constraints for the North
Andover Zoning Board of Appeals to make a decision regarding the granting of a
ariance
ecial Permit
Comprehensive Permit (40B)
Finding
for property located at:
STREET: poJil / t 1�t t ✓� � �� IL
MAP: a,�6 PARCEL: A�Ll
TOWN: North Andover, MA 01845
TO MEETING DATE(S): �� one,
NAME OF
SIGNED:
MAY Y - [U01
r�j
Petitioner (oi*etitioner's representative)
BOARD OF APPEALS 1600 Osgood Street, Building 20 - Suite 2-36, North Andover, Massachusetts 01845
Phone - 978-688-9541 Fax - 978-688-9542 Web - www.townofnorthandover.com
DEP FILE # 242-1357 -� 0 North Main Street
FINDINGS OF FACT
I. OVERVIEW
Downer Brothers Landscaping (the "Applicant") filed a Notice of Intent (NOI) with the North
Andover Conservation Commission (NACC) on May 12, 2006 requesting an Order of Conditions
approving the construction of a commercial building and associated site work to include grading,
stormwater management, paving, and appurtenances within the 100 -foot Buffer Zone to a Bordering
Vegetated (BVW)/Bank, the 200' Riverfront Area and Bordering Land Subject to Flooding (BLSF)
associated with the Merrimack River. These resources are subject to protection under the
Massachusetts Wetland Protection Act (MGL c.131 s.40) (the "Act") and the North Andover Wetland
Protection ByLaw (c.178 of the Code of North Andover) (the "Bylaw").
A legal notice was published accordingly in the Lawrence Eagle Tribune and a public hearing was
scheduled for May 24, 2006 (21 days from the date of filing). On May 24, 2006, the NACC opened the -
public hearing. Subsequent public hearings were held or were continued on numerous occasions at
the request of the applicant.
A chronological account of the public meetings held and the continuances granted are documented
below:
• At the May 26, 2006 public meeting, the NACC granted the applicant's continuance request to the
meeting of June 14, 2006 after testimony was heard.
• At the June 14, 2006 public meeting, the NACC granted the applicant's continuance request to the
meeting of July 12, 2006. No new testimony was heard.
• At the July 12, 2006 public meeting, the NACC granted the applicant's continuance request to the
meeting of August 23, 2006. No new testimony was heard.
• At the August 23, 2006 public meeting, the NACC granted the applicant's continuance request to
the meeting of September 13, 2006. No new testimony was heard. The NACC had requested the
applicant or the applicant's representative, New England Engineering Services, Inc (NEES), to be
present at the September 13th meeting even if a continuance was again requested.
• At the September 13, 2006 public meeting, neither the applicant nor a representative was present
despite the fact that the Administrator, Alison McKay, and the Administrative Assistant, Donna
Wedge, spoke directly to NEES in this regard and were told that someone would be present,
although a continuance would be requested. The Commission had some discussion as to how
they wished to proceed, whether to grant the applicant's continuance request or whether to close
the public hearing and issue a decision. After viewing the meeting on local cable access
television, the applicant appeared at the meeting. The applicant stated that he was told that his
representative would be present and was not sure why they were not. The Commission
reiterated their great concern of repeated continuances and lack of information submitted. They
had offered the applicant the option to withdraw without prejudice and to refile when the
application was more complete.. The applicant had requested a continuance to the meeting of
September 27, 2006. The Commission unanimously granted this continuance. No new testimony
was heard.
CASwap/000242-1357,0 N. Main- Denial 1 NACC 11/30/2006
DEP FILE # 242-1357
0 North Main Street
At the September 27, 2006 public meeting, NEES provided new information and new testimony
was heard (discussed hereafter). After hearing testimony and participating in discussion, the
Commission unanimously voted to continue the public meeting to the meeting of October 11,
2006.
At the October 11, 2006 public meeting, NEES was present to discuss the project since the last
meeting and update the Commission. Ms. McKay indicated that she met with NEES to discuss
the outstanding administrative issues/concerns (discussed hereafter). NESS provided no new
information since the September 27, 2006 public meeting. The Commission unanimously voted to
continue the public hearing to the meeting of November 15, 2006.
At the November 15, 2006 public meeting, neither the applicant nor NEES were present, however
NEES had submitted a continuance request letter to the meeting of January 24, 2007. The letter
explained that the reason for the lengthy continuance was to allow for a request for a variance
from the Zoning Board of Appeals to continue the existing industrial use on the undersized lot.
After some discussion, a motion was made to grant this continuance. The motion was seconded.
No other motion was made, therefore the motion failed. A motion was made to close and issue a
decision. The motion was seconded. The vote was unanimous.
• At the November 29, 2006 public meeting, the Commission rendered a DENIAL based upon the
following facts and findings:
The project is proposed on a previously developed 43,561 s.f. commercially zoned lot created prior to
August 1, 1996. As stated previously, the lot is located entirely within the 200' Riverfront area and
the 100 -year floodplain (FEMA FIRM elevation 33 feet) to the. Merrimack River. Coincidently, the
project was filed the Friday prior to the May 14, 2006 flood event. The entire site was observed to be
under water with waters rising to almost, if not, the exact location of the determined 100 -year flood
elevation (later confirmed and stated by the project's Engineer during a public meeting). Work was
also proposed within associated BVW/Bank buffer zone resource areas. Existing site conditions
included a combination of grass, gravel, concrete, pavement and slab area (no foundation), on top of
which the previous commercial building was situated (which had since collapsed and was no longer
standing). The site was currently used as a landscaping/storage/junk yard area and had been used
as such over the years (as such, the NACC had mandated the issuance of an Enforcement Order
subsequent to the issuance of this decision). Proposed work on the site would consist of cleaning up
the site (i.e. - removal of debris from the previously demolished building, removal of stockpiled
landscaping materials, removal of other materials/scrap vehicles, etc.) and the redevelopment of the
site with the construction of a new 38' x 52' (1,976 s.f.) commercial building and associated site work
The project site is located entirely within the 200 -foot riverfront area. The site as it exists today is
disturbed and currently used as a landscaper's yard. Stormwater currently flows unabated from the
site overland towards and in to the Merrimack River. Proposed work would improve existing site
conditions and therefore the applicant asserts that the proposed project would be allowed under the
Redevelop provision of the Riverfront regulations (310 CMR 10.58 (5) & (6)). An alternative analysis
statement for work within the Riverfront resource area was also included in the NOI application and
states that "construction is not feasible outside of the protection area. The site has been used as a
contractor's storage yard and previously contained a building with a larger footprint than what was
proposed."
CASwap/00C/242-1357,0 N. Main- Denial 2 NACC 11/30/2006
DEP FILE # 242-1357 0 North Main Street
Further, the applicant asserts in the NOI application that the proposed project would not adversely
affect the riverfront area and would improve the ability of the buffer zone to protect the interests of
the Riverfront Protection Act. The NOI application additionally provides and asserts that the project
would not adversely impact additional protected interests including the protection of public and
private water supply, the protection of groundwater, flood control, the prevention of pollution, the
protection of wildlife habitat, the protection of fisheries, and the protection of land containing
shellfish.
The NOI application had provided flood plain calculations and a drainage analysis of the site.
Because the site was located entirely within the 100 -year flood elevation and would require
approximately 1,846 cubic feet of flood plain filling, the applicant had proposed and provided 1,863
cubic feet of compensatory flood storage on the site in accordance with the flood standards of 1:1
compensatory flood storage pursuant to 310 CMR 10.57 (4) (a) 1. The applicant also proposed flood
proofing the building so as to construct it on pilings. The NACC had neither refuted nor confirmed
whether such compensatory flood storage provided and the means and methods to which it was
provided met all performance standards pursuant to 310 CMR 10.57 (4).
The Commission had raised and had continually raised a concern as to whether the lot was even
buildable under the local zoning bylaw. This concern was raised at the initial public meeting of May
24, 2006 at each subsequent public hearing held (three (3) of which were not continued within six (6)
months). An abutter's attorney, Dom Scalise, also raised this question at the initial public meeting of
May 24, 2006 asserting that it was his recollection that the previous Inspector of Buildings/ Zoning
Enforcement Officer, Robert Nicetta, had indicated verbally that the lot was not buildable, although
he had nothing in writing to confirm this opinion. Mr. Scalise asked if zoning variances would be
required. After hearing all initial testimony, Scott Masse, NACC Chairman, highly recommended
that the applicant seek an opinion from the local Inspector of Buildings, Gerald Brown, for a
determination of whether or not the lot was buildable under the zoning bylaw and regulations and
what zoning variances, if any, would be required.
An account of the meeting held on September 13, 2006 is described as part of the chronological
account of the public meetings stated formerly.
At the meeting of September 27, 2006, Ben Osgood, Jr. of NEES presented a redesign of the project
including, but not limited to, the relocation of the building outside of the Greater Lawrence Sanitary
District (GLSD) easement, which had been raised at the May 24th public meeting. At this meeting,
Ms. McKay recommended that the Commission vote to set up escrow for a third party consultant
review of the drainage analysis. A motion to set up escrow for a third party drainage review in the
amount of $5000 was made by Sean McDonough and seconded by Deborah Feltovic. Mr. Osgood
refuted that the escrow amount was too high. He offered no response and associated justification to
another amount. The Commission discussed holding off on setting up escrow to determine a more
reasonable amount. The Commission withdrew the motion. A motion to continue to the meeting of
October 11, 2006 was made by Ms. Feltovic and seconded by Jack Mabon. The vote was unanimous.
At the October 11th meeting, Andy Lambert of NEES and attorney Scalise. Ms. McKay stated that a
meeting was held with herself and NEES on October 6th to discuss the project and iron out some of
the administrative concerns she had had. Mr. Scalise was also present at the October 6th meeting.
Ms. McKay stated that the concern as to whether the lot was actually buildable or not and what, if
any, zoning variances would be required was still outstanding. NEES indicated at the October 6th
meeting that they had not yet spoken to the Inspector of Buildings. Ms. McKay reiterated at that
meeting that this should be looked into as previously requested by the Commission. At the October
CASwap/000242-1357,0 N. Main- Denial 3 NACC 11/30/2006
DEP FILE # 242-1357 0 North Main Street
110, meeting, the NACC had received a letter written by Mr. Osgood, Jr. (dated October 11, 2006) in
regards to the Commissions initial request of if the lot met zoning requirements. This letter stated
the following:
"This office has researched the existence of the lot and has determined that it was created between
1948 and 1960. The IS zoning district was developed in the late 1950's. If the lot was created prior to
the creation of the zoning bylaw than a variance for the use of the lot is not needed, however if the
lot was created after the adoption of the zoning bylaw a variance to use the lot will be required.
This office will need more time to research the title for the property and determine the exact date of
creation of the lot to determine if a variance is required. More time will be needed to accomplish this
research."
The letter also requested the Commissions authorization for posting an escrow for a review of the
submittal by their outside consultant as well as a continuance of the public hearing for one month.
Commission member Joseph Lynch recommended waiting on setting up an escrow account for
outside review until a determination was made on the lot and whether it was buildable or not. Mr.
McDonough agreed stating that the projects should have been filed with the zoning board first before
it was filed with the Commission and felt that the NACC could deny the project on that basis. A
motion to continue to the meeting of November 15, 2006 was made by Mr. Mabon. Ms. Feltovic
seconded. The vote was unanimous.
At the November 15, 2006 meeting, neither the applicant nor a representative was present. A
continuance letter was submitted dated November 14, 2006 requesting a continuance to the meeting
of January 14, 2007. The letter states that the lengthy continuance is being requested to allow NEES
"to request a variance from the Board of appeals to continue the existing industrial use on an
undersized lot." Chairman Masse stated that he wash t inclined to grant the continuance, as the
applicant had known for six (6) months that this was a concern. Ms. Feltovic motioned to grant the
continuance to the meeting of January 24, 2007. Mr. Mabon seconded. No other motion was made.
The motion failed. Mr. Mabon motioned to close and issue a decision within 21 days. Ms. Feltovic
seconded. Unanimous.
At the November 15, 2006 public hearing, the NACC voted to close the public hearing and issue a
decision within 21 days (VOTE 4-0-0). A special meeting was held by the NACC on November 29,
2006 in order to render this decision within the 21 -day time requirement set forth by the Act and
Bylaw.
II. Decision - DENIAL
After careful review of the information presented by the applicant at public hearings, at a special
meeting of November 29, 2006, the NACC unanimously voted to DENY the applicant's request to
construct a commercial building and associated site work to include grading, stormwater
management, paving, and appurtenances within the 100 -foot Buffer Zone to a Bordering Vegetated
(BVW)/Bank, the 200' Riverfront Area and Bordering Land Subject to Flooding (BLSF) associated
with the Merrimack River as shown on the site plans entitled "Site Plan" consisting of sheets 1-4,
dated August 22, 2006, revised September 21, 2006.
The project has been DENIED by the NACC based upon the following reasons:
CASwap/000242-1357,0 N. Main- Denial 4 NACC 11/30/2006
DEP FILE # 242-1357
0 North Main Street
North Andover Wetlands Protection Bylaw (chapter 178 code of North Andover) -178.5 C
"The applicant shall have the burden of proving by preponderance of credible evidence that the
activity proposed in the Notice of Intent will not cause adverse impacts to any of the interests and
values sought to be protected by this Bylaw. Failure to provide to the Commission adequate
evidence for it to determine that the proposed activity does not cause adverse impacts shall be
significant cause for the Commission to deny permission or to grant such permission...."
North Andover Wetlands Protection Bylaw (chapter 178 code of North Andover) - 178.4 -
Applications to Perform Work and Information Required
"In order to comply with the provisions of this Bylaw, each application must be complete as filed,
and must comply with the rules set forth herein and Commission regulations. No such
application shall be accepted as complete before all permits, variances, and approvals required by
the Bylaws of the Town with respect to the proposed activity, at the time of such Notice, have
been applied for or obtained. Such application shall also include any information submitted in
connection with such permits, variances, and approvals that is necessary to describe the effect of
the proposed activity on the resource areas".
North Andover Wetlands Protection Regulations - Section 4.3.1
"Submission of incomplete or inadequate information or a failure to meet the burden of proof
may result in extensive delays and continuances in the review and approval procedure. Failure to
supply adequate and credible documentation describing the impact of the project on resource
areas may result in issuance of a decision prohibiting the work".
NACC Waiver Standard:
"The project, or its natural and consequential effects, will not have any adverse effects upon any
of the interests protected by the Bylaw. It shall be the responsibility of the applicant to provide
the Commission with any information that the Commission may request to enable the
Commission to ascertain such adverse effects. The failure of the applicant to furnish any
information that has been so requested shall result in the denial of a request for a waiver pursuant
to this subsection".
The Applicant did not satisfy the Commission's repeated requests to submit all information
pertaining to the property during a reasonable time period. The Commission found that the
repeated continuances requested by the applicant were unnecessary when concerns were raised on
numerous occasions starting from the initial public hearing. The information submitted by the
applicant was not sufficient to describe the site, the work, or the effect of the work on the interests
identified in the Wetlands Protection Act and the North Andover Wetlands Protection Bylaw.
While the NACC had a comprehensive understanding of the proposed project as presented,
compliance with performance standards for each protected interest pursuant to the Bylaw and
WPA and associated regulations could not be thoroughly evaluated/determined without
additional information. In this way, the applicant failed to overcome the burden of proof (310
CMR 10.03 (1)) and (178.5 c.) and demonstrate to the Commission that the proposed work would
not have any adverse effects upon the interests identified in the WPA and the Bylaw.
C:\Swap/OOC/242-1357,0 N. Main- Denial 5 NACC 11/30/2006
DEP FILE # 242-1357
0 North Main Street
Therefore, no work shall be performed on this project. The applicant has failed to demonstrate
compliance with the North Andover Wetland Protection ByLaw and the Massachusetts Wetlands
Protection Act pursuant to these provisions.
III. Record Documents:
Notice of Intent filed by: Downer Brothers Landscaping (Applicant)
21 Main Street
North Andover, MA 01845
Received DATE May 12, 2006.
Plans prepared by: New England Engineering Services, Inc.
1600 Osgood Street
Building 20, Suite 2-64
North Andover, MA 01845
Entitled "Site Plan", consisting of sheets 1 through 4.
DATED: August 22, 2006, revised 9/21/06.
Signed & Stamped by Benjamin C. Osgood, Jr., P.E.
Other Record Documents: Drainage Report
Prepared by New England Engineering Services, Inc.
Dated May 10, 2006;
Operation and Maintenance Plan (included in NOI)
Dated May 10, 2006;
Division of Fisheries & Wildlife Natural Heritage & Endangered
Species Program (NHESP) letter dated June 13,2006;
Continuance letters prepared by New England Engineering dated
June 14, 2006, June 27, 2006, July 11, 2006, August 21, 2006,
September 13, 2006, October 11, 2006, & November 14, 2006.
CASwap/00C/242-1357,0 N. Main- Denial 6 NACC 11/30/2006
SRA
L) Massachusetts Department of Environmental Protection
Bureau of Resource Protection - Wetlands
I WPA Form 5 — Order of Conditions
MassachusetVro4ts WetlanAC�- Protection Act M.G.L. c. 13'1(, §40 r
A. General Information
Important:
When filling
out forms on
the computer,
use only the
tab key to
move your
cursor - do not
use the return
key.
Ir=51
From: North Andover
1. Conservation Commission
2. This issuance is for (check one):
3. To: Applicant:
DEP File Number:
242-1357
W 01A AJ,,, 1
ctid e -f 0a,-+, AYIC1vcr
® Order of Conditions ❑ Amended Order of Conditions
a. First Name b. Last Name
21 Main Street
d. Mailing Address
North Andover
e. City/Town
4. Property Owner (if different from applicant):
Downer Borthers Lanscaping
c. Company
MA.
f. State
01845
g. Zip Code
a. First Name b. Last Name
Landers Nominee Trust
40 Court Street
c. Company
d. Mailing Address
North Andover
e. City/ I own
MA. 01845
f. State g. Zip Code
s. Project Location:
O North Main Street
a. Street Address
North Andover
Map 28
b. City/Town
c. Assessors Map/Plat Number
Parcel 22
Latitude and Longitude, if known (note:
d. Parcel/Lot Number
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
Essex North
one parcel):
a. County
7618
b. Certificate (if registered land)
c. Book
51
7. Dates: 5/12/06
d. Pa e
a. Date Notice of Intent Filed b. Dat
8. Final Approved Plans and Other Documents
Nearing Closed c. Date of ssuance
(attach additional plan or document references as
needed):
Site Plan
a. Plan Title
New England Engineering Services, Inc
b. PrepaA
Benjamin C. Osgood, P. E.
pBy
) 6
c. Signed and Stamped by
d. Final Revision Date
it,
e. Scale
f. Additional Plan or Document Title
9. Total WPA Fee Paid: $ 1575.00
g• Date
$ 775.00 $ 800.00
a. Total Fee Paid
b. State Fee Paid c. City/Town Fee Paid
wpaform5.doe • rev. 3/1/05
Page 1 of 9
LIMassachusetts Department of Environmental Protection
Bureau of Resource Protection - Wetlands
WPA Form 5 - Order of Conditions
Massachusetts WetlanProtection Act M.G.L. c. 131, §40
Not4, A�Jvv.w LOLAa,T ? .44;0n B IAV C er 179 '
B. Findings
Findings pursuant to the Massachusetts Wetlands Protection Act:
DEP File Number:
242-1357
of tic f -L AJove.-
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
g. ® Groundwater Supply
b. ❑ Land Containing Shellfish c. ® Prevention of Pollution
e. ❑ Fisheries
f.
h. ® Storm Damage Prevention i
® Protection of Wildlife
Habitat
® 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
control.
plans, specifications, or other proposals submitted with the Notice of Intent, these conditions shall
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.
Ithe
information submitted by the applicant is not sufficient to describe the site, the work, or the effect
he 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
attached to this Order as per 310 CMR 10.05(6)(c). it is necessary is
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
Alteration Alteration Replacement
3• ❑Bank
a. linear feet b. linear feet c. linear feet
4• El Bordering Vegetated
Wetland a. square feet b. square c. square feet
5• ❑ Land Under
Waterbodies and a• square feet
Waterways
e. cu.yd dredged
wpaform5.doc • rev. 3/1/05
nuedi Mer
Permitted
Replacement
u. nnear Tee[
d. square feet
. square feet c. square feet d. square feet
f. cu.yd dredged
Page 2 of 9
Massachusetts Department of Environmental Protection
L'TBureau of Resource Protection - Wetlands DEP File Number:
-11 WPA Form 5 — Order of Conditions 242-1357
Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 s
w�kMIS
�,1,w
c�t��G nn cite •�n
B. Findings (cont.)
❑
Coastal Beaches
Resource Area
Proposed
Permitted Proposed
Alteration
Alteration Replacement
6. El Bordering Land
Coastal Dunes
Subject to Flooding
a. square feet
b. square feet c. square feet
Cubic Feet Flood
14.
El
Storage
❑
e. cubic feet
f. cubic feet g. cubic feet
7. Isolated Land Subject
a. linear feet b. linear feet
to Flooding
a. square feet
b. square feet
Cubic Feet Flood
Storage
c. cubic feet
d. cubic feet e. cubic feet
s. ❑ Riverfront area
Salt Marshes
17.
a. total sq. feet
b. total sq. feet
Sq ft within 100 ft
Ponds.
c. square feet
d. square feet e. square feet
Sq ft between 100-200 ft
C. cu. yd dredged d. cu.yd dredged
18.
e. square feet
f. square feet e. square feet
Coastal Resource Area Impacts: Check all that apply below. (For Approvals Only)
9. ❑ Designated Port
Shellfisha.
Areas
Indicate size under Land Under the Ocean, below
10. ❑ Land Under the
Fish Runs
Indicate size under Coastal Banks, inland Bank, Land Under the
Ocean
a- sauarw foa4
ti __ s__.
c. cu.yd dredged d. cu.yd dredged
Permitted
Replacement
d. square feet
h. cubic feet
f. cubic feet
11.
❑
Barrier Beaches
Indicate size under Coastal Beaches and/or Coastal Dunes below
12.
❑
Coastal Beaches
a. square feet b. square feet c. Gy nourishmt. d. cty nourishmt.
13.
❑
Coastal Dunes
a. square feet b. square feet c. Gy nourishmt. d. Gy nourishmt
14.
El
coastal Banks
a. linear feet b. linear feet
15.
F-1
Rocky Intertidal
Shores
a. square feet b. square feet
16.
❑
Salt Marshes
17.
El
Land Under Salt
a. square feet b. square feet c. square feet d. square feet
Ponds.
squarefeet b. square feet
C. cu. yd dredged d. cu.yd dredged
18.
El
Land Containing
Shellfisha.
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
El
a. cu. yd dredged b. cu.yd dredged
20.
Land Subject to
Coastal Storm Flowage
ii. square feet b. sauare feet
wpaform5.doc • rev. 3/1/05
Page 3 of 9
.L1
'D .-A
Massachusetts Department of Environmental Protection
Bureau of Resource Protection - Wetlands
WPA Form 5 - Order of Conditions
Massachusetts
We'+".Vt>r
C. General Cond
ends Protection A t M.G.L. c. 131, §40 9
r
131, §40
"✓fer O f ou l c.. W- No;
Under
(only applicable to approved projects)
DEP File Number:
242-1357
assachusetts Wetlands Protection Act
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, VA DEP"]
"File Number 242-1357 11
wpaform5.doc- rev. 311/05
Page 4 of 9
If you need more
space for
additional
conditions,
select box to
attach a text
document ED
HPaform5.doc- rev. 3/1/05
�)e r) -~
Massachusetts Department of Environmental Protection
Bureau of Resource Protection - Wetlands
WPA Form 5 - Order of Conditions
Massachusetts
ds Protection Act M
C. General Conditions Under
DEP File Number:
242-1357
L. c. 131, §40 s
W 17t WJE t �� �davetr
:husetts 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:
Page 5 of 9
T r�
Massachusetts Department of Environmental Protection
Bureau of Resource Protection - Wetlands DEP File Number:
WPA Form 5 - Order of Conditions 242-1357
Massachusetts Wetlands Protection Act M.G.L. C. 131, §40 s kal-A
��r Wc�'I•..�ds bray I cls
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 space for more
c. The special conditions relating to municipal ordinance or bylaw are as follows:
additional
conditions, See attached
select box to
attach a text
document
wpeform5.doc • rev. 3/1/05
Page 6 of 9
-De,41 C�
Massachusetts Department of Environmental Protection
Bureau of Resource Protection - Wetlands
WPA Form 5 - Order of Conditions
Mass chusetts Wetlands Protectign Act M.G.L. c. 131, §40 1 rlor tl
V
-?O cS .+.'oh 1 #0 l -r
17t rc�.c of
E. Issuance
DEP File Number:
242-1357
This Order is valid for three years, unless otherwise specified as a special II bibc
condition pursuant to General Conditions #4, from the date of issuance. 1. Date of Issuaice
Please indicate the number of members who will sign this form:
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 tim to the appropriate partment of
Environmental Protection Regio I Office, if not filing electrically, ald �herro�rty owner, if different
from applicant. 1111 A
Signatures:
Notary Acknowledgement
Commonwealth of Massachusetts County of
On this al �h
Day -- of
Before me, the undersigned Notary Public,
personally appeared
Essex North
AD U"d Good
Month Year
S_CC-4- 4Ass.z-
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 mPmhar of North Andover
Citylrown
E
DONNA M. WEDGE
NOTARYPUBUC
COMMOIGNATH OF UUMCHUSETTS
My comm EA*9S Aug. 7, 2009
Place notary seal and/or any stamp above
This Order is issued to the applicant as follows:
❑ by hand delivery on
Date
Conservation Commission
Signature of Notary Public
L) ehn s7 /*7/
Printed NM7OZZ,?
Nblic
My Commisiion Vxpires (Date)
NJ by certified mail, return receipt requested, on
m i
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
F. Appeals
DEP File Number:
242-1357
The applicant, the owner, any person aggrieved by this Order, any owner of land abutting the land subject
to this Order, or any ten residents of the city or town in which such land is located, are hereby notified of
their right to request the appropriate DEP Regional Office to issue a Superseding Order of Conditions.
The request must be made by certified mail or hand delivery to the Department, with the appropriate filing
fee and a completed Request of Departmental Action Fee Transmittal Form, as provided in 310 CMR
10.03(7) within ten business days from the date of issuance of this Order. A copy of the request shall at
the same time be sent by certified mail or hand delivery to the Conservation Commission and to the
applicant, if he/she is not the appellant. Any appellants seeking to appeal the Department's Superseding
Order associated with this appeal will be required to demonstrate prior participation in the review of this project.
Previous participation in the permit proceeding means the submission of written information to the
Conservation Commission prior to the close of the public hearing, requesting a Superseding Order or
Determination, or providing written information to the Department prior to issuance of a Superseding Order
or Determination.
The request shall state clearly and concisely the objections to the Order which is being appealed and how
the Order does not contribute to the protection of the interests identified in the Massachusetts Wetlands
Protection Act, (M.G.L. c. 131, § 40) and is inconsistent with the wetlands regulations (310 CMR 10.00).
To the extent that the Order is based on a municipal ordinance or bylaw, and not on the Massachusetts
Wetlands Protection Act or regulations, the Department has no appellate jurisdiction.
Section G, Recording Information is available on the following page.
wpaform5.doc • rev. 3/7/05
Page 8 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
G. Recording Information
DEP File Number:
242-1357
This Order of Conditions must be recorded in the Registry of Deeds or the Land Court for the district in
which the land is located, within the chain of title of the affected property. In the case of recorded land, the
Final Order shall also be noted in the Registry's Grantor Index under the name of the owner of the land
subject to the Order. In the case of registered land, this Order shall also be noted on the Land Court
Certificate of Title of the owner of the land subject to the Order of Conditions. The recording information
on Page 7 of this form shall be submitted to the Conservation Commission listed below.
North Andover
Conservation Commission
Detach on dotted line, have stamped by the Registry of Deeds and submit to the Conservation Commission.
-------------------------------
-----------------------------------------------------------
To:
North Andover
Conservation Commission
Please be advised that the Order of Conditions for the Project at:
Project Location
Has been recorded at the Registry of Deeds of:
County
for:
Property Owner
242-1357
DEP File Number
Book
and has been noted in the chain of title of the affected property in:
Book
rage
In accordance with the Order of Conditions issued on:
Date
If recorded land, the instrument number identifying this transaction is:
Instrument Number
If registered land, the document number identifying this transaction is:
Signature of Applicant
Page
w'Paform5.doc • rev. 3/1/05
Page 9 of 9
DEP FILE # 242-1357 0 North Main Street
FINDINGS OF FACT
I. OVERVIEW
Downer Brothers Landscaping (the "Applicant") filed a Notice of Intent (NOI) with the North
Andover Conservation Commission (NACC) on May 12, 2006 requesting an Order of Conditions
approving the construction of a commercial building and associated site work to include grading,
stormwater management, paving, and appurtenances within the 100 -foot Buffer Zone to a Bordering
Vegetated (BVW)/Bank, the 200' Riverfront Area and Bordering Land Subject to Flooding (BLSF)
associated with the Merrimack River. These resources are subject to protection under the
Massachusetts Wetland Protection Act (MGL c.131 s.40) (the "Act") and the North Andover Wetland
Protection ByLaw (c.178 of the Code of North Andover) (the "ByLaw").
A legal notice was published accordingly in the Lawrence Eagle Tribune and a public hearing was
scheduled for May 24, 2006 (21 days from the date of filing). On May 24, 2006, the NACC opened the
public hearing. Subsequent public hearings were held or were continued on numerous occasions at
the request of the applicant.
A chronological account of the public meetings held and the continuances granted are documented
below:
• At the May 26, 2006 public meeting, the NACC granted the applicant's continuance request to the
meeting of June 14, 2006 after testimony was heard.
• At the June 14, 2006 public meeting, the NACC granted the applicant's continuance request to the
meeting of July 12, 2006. No new testimony was heard.
• At the July 12, 2006 public meeting, the NACC granted the applicant's continuance request to the
meeting of August 23, 2006. No new testimony was heard.
• At the August 23, 2006 public meeting, the NACC granted the applicant's continuance request to
the meeting of September 13, 2006. No new testimony was heard. The NACC had requested the
applicant or the applicant's representative, New England Engineering Services, Inc (NEES), to be
present at the September 13th meeting even if a continuance was again requested.
• At the September 13, 2006 public meeting, neither the applicant nor a representative was present
despite the fact that the Administrator, Alison McKay, and the Administrative Assistant, Donna
Wedge, spoke directly to NEES in this regard and were told that someone would be present,
although a continuance would be requested. The Commission had some discussion as to how
they wished to proceed, whether to grant the applicant's continuance request or whether to close
the public hearing and issue a decision. After viewing the meeting on local cable access
television, the applicant appeared at the meeting. The applicant stated that he was told that his
representative would be present and was not sure why they were not. The Commission
reiterated their great concern of repeated continuances and lack of information submitted. They
had offered the applicant the option to withdraw without prejudice and to refile when the
application was more complete.. The applicant had requested a continuance to the meeting of
September 27, 2006. The Commission unanimously granted this continuance. No new testimony
REdtf4W'
p7OEY Z42-1357,0 N. Main- Denial 1 NACC 11/30/2006
AF SGmE
DEP FILE # 242-1357
0 North Main Street
• At the September 27, 2006 public meeting, NEES provided new information and new testimony
was heard (discussed hereafter). After hearing testimony and participating in discussion, the
Commission unanimously voted to continue the public meeting to the meeting of October 11,
2006.
• At the October 11, 2006 public meeting, NEES was present to discuss the project since the last
meeting and update the Commission. Ms. McKay indicated that she met with NEES to discuss
the outstanding administrative issues/concerns (discussed hereafter). NESS provided no new
information since the September 27, 2006 public meeting. The Commission unanimously voted to
continue the public hearing to the meeting of November 15, 2006.
At the November 15, 2006 public meeting, neither the applicant nor NEES were present, however
NEES had submitted a continuance request letter to the meeting of January 24, 2007. The letter
explained that the reason for the lengthy continuance was to allow for a request for a variance
from the Zoning Board of Appeals to continue the existing industrial use on the undersized lot.
After some discussion, a motion was made to grant this continuance. The motion was seconded.
No other motion was made, therefore the motion failed. A motion was made to close and issue a
decision. The motion was seconded. The vote was unanimous.
• At the November 29, 2006 public meeting, the Commission rendered a DENIAL based upon the
following facts and findings:
The project is proposed on a previously developed 43,561 s.f. commercially zoned lot created prior to
August 1, 1996. As stated previously, the lot is located entirely within the 200' Riverfront area and
the 100 -year floodplain (FEMA FIRM elevation 33 feet) to the. Merrimack River. Coincidently, the
project was filed the Friday prior to the May 14, 2006 flood event. The entire site was observed to be
under water with waters rising to almost, if not, the exact location of the determined 100 -year flood
elevation (later confirmed and stated by the project's Engineer during a public meeting). Work was
also proposed within associated BVW/Bank buffer zone resource areas. Existing site conditions
included a combination of grass, gravel, concrete, pavement and slab area (no foundation), on top of
which the previous commercial building was situated (which had since collapsed and was no longer
standing). The site was currently used as a landscaping/storage/junk yard area and had been used
as such over the years (as such, the NACC had mandated the issuance of an Enforcement Order
subsequent to the issuance of this decision). Proposed work on the site would consist of cleaning up
the site (i.e. - removal of debris from the previously demolished building, removal of stockpiled
landscaping materials, removal of other materials/scrap vehicles, etc.) and the redevelopment of the
site with the construction of a new 38' x 52' (1,976 s.f.) commercial building and associated site work
The project site is located entirely within the 200 -foot riverfront area. The site as it exists today is
disturbed and currently used as a landscapers yard. Stormwater currently flows unabated from the
site overland towards and in to the Merrimack River. Proposed work would improve existing site
conditions and therefore the applicant asserts that the proposed project would be allowed under the
Redevelop provision of the Riverfront regulations (310 CMR 10.58 (5) & (6)). An alternative analysis
statement for work within the Riverfront resource area was also included in the NOI application and
states that "construction is not feasible outside of the protection area. The site has been used as a
contractor's storage yard and previously contained a building with a larger footprint than what was
proposed."
CASwap/000242-1357,0 N. Main- Denial 2 NACC 11/30/2006
DEP FILE # 242-1357 0 North Main Street
Further, the applicant asserts in the NOI application that the proposed project would not adversely
affect the riverfront area and would improve the ability of the buffer zone to protect the interests of
the Riverfront Protection Act. The NOI application additionally provides and asserts that the project
would not adversely impact additional protected interests including the protection of public and
private water supply, the protection of groundwater, flood control, the prevention of pollution, the
protection of wildlife habitat, the protection of fisheries, and the protection of land containing
shellfish.
The NOI application had provided flood plain calculations and a drainage analysis of the site.
Because the site was located entirely within the 100 -year flood elevation and would require
approximately 1,846 cubic feet of flood plain filling, the applicant had proposed and provided 1,863
cubic feet of compensatory flood storage on the site in accordance with the flood standards of 1:1
compensatory flood storage pursuant to 310 CMR 10.57 (4) (a) 1. The applicant also proposed flood
proofing the building so as to construct it on pilings. The NACC had neither refuted nor confirmed
whether such compensatory flood storage provided and the means and methods to which it was
provided met all performance standards pursuant to 310 CMR 10.57 (4).
The Commission had raised and had continually raised a concern as to whether the lot was even
buildable under the local zoning bylaw. This concern was raised at the initial public meeting of May
24, 2006 at each subsequent public hearing held (three (3) of which were not continued within six (6)
months). An abutter's attorney, Dom Scalise, also raised this question at the initial public meeting of
May 24, 2006 asserting that it was his recollection that the previous Inspector of Buildings/ Zoning
Enforcement Officer, Robert Nicetta, had indicated verbally that the lot was not buildable, although
he had nothing in writing to confirm this opinion. Mr. Scalise asked if zoning variances would be
required. After hearing all initial testimony, Scott Masse, NACC Chairman, highly recommended
that the applicant seek an opinion from the local Inspector of Buildings, Gerald Brown, for a
determination of whether or not the lot was buildable under the zoning bylaw and regulations and
what zoning variances, if any, would be required.
An account of the meeting held on September 13, 2006 is described as part of the chronological
account of the public meetings stated formerly.
At the meeting of September 27, 2006, Ben Osgood, Jr, of NEES presented a redesign of the project
including, but not limited to, the relocation of the building outside of the Greater Lawrence Sanitary
District (GLSD) easement, which had been raised at the May 24th public meeting. At this meeting,
Ms. McKay recommended that the Commission vote to set up escrow for a third party consultant
review of the drainage analysis. A motion to set up escrow for a third party drainage review in the
amount of $5000 was made by Sean McDonough and seconded by Deborah Feltovic. Mr. Osgood
refuted that the escrow amount was too high. He offered no response and associated justification to
another amount. The Commission discussed holding off on setting up escrow to determine a more
reasonable amount. The Commission withdrew the motion. A motion to continue to the meeting of
October 11, 2006 was made by Ms. Feltovic and seconded by Jack Mabon. The vote was unanimous.
At the October 11th meeting, Andy Lambert of NEES and attorney Scalise. Ms. McKay stated that a
meeting was held with herself and NEES on October 6th to discuss the project and iron out some of
the administrative concerns she had had. Mr. Scalise was also present at the October 6th meeting.
Ms. McKay stated that the concern as to whether the lot was actually buildable or not and what, if
any, zoning variances would be required was still outstanding. NEES indicated at the October 6th
meeting that. they had not yet spoken to the Inspector of Buildings. Ms. McKay reiterated at that
meeting that this should be looked into as previously requested by the Commission. At the October
C:\Swap/00C/242-1357,0 N. Main- Denial 3
NACC 11/30/2006
DEP FILE # 242-1357 0 North Main Street
11th meeting, the NACC had received a letter written by Mr. Osgood, Jr. (dated October 11, 2006) in
regards to the Commission's initial request of if the lot met zoning requirements. This letter stated
the following:
"This office has researched the existence of the lot and has determined that it was created between
1948 and 1960. The IS zoning district was developed in the late 19501s. If the lot was created prior to
the creation of the zoning bylaw than a variance for the use of the lot is not needed, however if the
lot was created after the adoption of the zoning bylaw a variance to use the lot will be required.
This office will need more time to research the title for the property and determine the exact date of
creation of the lot to determine if a variance is required. More time will be needed to accomplish this
research."
The letter also requested the Commissions authorization for posting an escrow for a review of the
submittal by their outside consultant as well as a continuance of the public hearing for one month.
Commission member Joseph Lynch recommended waiting on setting up an escrow account for
outside review until a determination was made on the lot and whether it was buildable or not. Mr.
McDonough agreed stating that the projects should have been filed with the zoning board first before
it was filed with the Commission and felt that the NACC could deny the project on that basis. A
motion to continue to the meeting of November 15, 2006 was made by Mr. Mabon. Ms. Feltovic
seconded. The vote was unanimous.
At the November 15, 2006 meeting, neither the applicant nor a representative was present. A
continuance letter was submitted dated November 14, 2006 requesting a continuance to the meeting
of January 14, 2007. The letter states that the lengthy continuance is being requested to allow NEES
"to request a variance from the Board of appeals to continue the existing industrial use on an
undersized lot." Chairman Masse stated that he wasn't inclined to grant the continuance, as the
applicant had known for six (6) months that this was a concern. Ms. Feltovic . motioned to grant the
continuance to the meeting of January 24, 2007. Mr. Mabon seconded. No other motion was made.
The motion failed. Mr. Mabon motioned to close and issue a decision within 21 days. Ms. Feltovic
seconded. Unanimous.
At the November 15, 2006 public hearing, the NACC voted to close the public hearing and issue a
decision within 21 days (VOTE 4-0-0). A special meeting was held by the NACC on November 29,
2006 in order to render this decision within the 21 -day time requirement set for by the Act and
Bylaw.
II. Decision - DENIAL
After careful review of the information presented by the applicant at public hearings, at a special
meeting of November 29, 2006, the NACC unanimously voted to DENY the applicant's request to
construct a commercial building and associated site work to include grading, stormwater
management, paving, and appurtenances within the 100 -foot Buffer Zone to a Bordering Vegetated
(BVW)/Bank, the 200' Riverfront Area and Bordering Land Subject to Flooding (BLSF) associated
with the Merrimack River as shown on the site plans entitled "Site Plan" consisting of sheets 14,
dated August 22, 2006, revised September 21, 2006.
The project has been DENIED by the NACC based upon the following reasons:
CASwap/00C/242-1357,0 N. Main- Denial 4
NACC 11/30/2006
DEP FILE # 242-1357
0 North Main Street
North Andover Wetlands Protection Bylaw (chapter 178 code of North Andover) -178.5 C
"The applicant shall have the burden of proving by preponderance of credible evidence that the
activity proposed.in the Notice of Intent will not cause adverse impacts to any of the interests and
values sought to be protected by this Bylaw. Failure to provide to the Commission adequate
evidence for it to determine that the proposed activity does not cause adverse impacts shall be
significant cause for the Commission to deny permission or to grant such permission...."
North Andover Wetlands Protection Bylaw (chapter 178 code of North Andover) - 178.4 -
Applications to Perform Work and Information Required
"In order to comply with the provisions of this Bylaw, each application must be complete as filed,
and must comply with the rules set forth herein and Commission regulations. No such
application shall be accepted as complete before all permits, variances, and approvals required by
the Bylaws of the Town with respect to the proposed activity, at the time of such Notice, have
been applied for or obtained. Such application shall also include any information submitted in
connection with such permits, variances, and approvals that is necessary to describe the effect of
the proposed activity on the resource areas".
North Andover Wetlands Protection Regulations - Section 4.3.1
"Submission of incomplete or inadequate information or a failure to meet the burden of proof
may result in extensive delays and continuances in the review and approval procedure. Failure to
supply adequate and credible documentation describing the impact of the project on resource
areas may result in issuance of a decision prohibiting the work".
NACC Waiver Standard:
The project, or its natural and consequential effects, will not have any adverse effects upon any
of the interests protected by the Bylaw. It shall be the responsibility of the applicant to provide
the Commission with any information that the Commission may request to enable the
Commission to ascertain such adverse effects. The failure of the applicant to furnish any
information that has been so requested shall result in the denial of a request for a waiver pursuant
to this subsection".
The Applicant did not satisfy the Commission's repeated requests to submit all information
pertaining to the property during a reasonable time period. The Commission found that the
repeated continuances requested by the applicant were unnecessary when concerns were raised on
numerous occasions starting from the initial public hearing. The information submitted by the
applicant was not sufficient to describe the site, the work, or the effect of the work on the interests
identified in the Wetlands Protection Act and the North Andover Wetlands Protection Bylaw.
While the NACC had a comprehensive understanding of the proposed project as presented,
compliance with performance standards for each protected interest pursuant to the Bylaw and
WPA and associated regulations could not be thoroughly evaluated/determined without
additional information. In this way, the applicant failed to overcome the burden of proof (310
CMR 10.03 (1)) and (178.5 c.) and demonstrate to the Commission that the proposed work would
not have any adverse effects upon the interests identified in the WPA and the Bylaw.
C:\Swap/OOC/242-1357,0 N. Main- Denial 5 NACC 11/30/2006
DEP FILE # 242-1357
0 North Main Street
Therefore, no work shall be performed on this project. The applicant has failed to demonstrate
compliance with the North Andover Wetland Protection ByLaw and the Massachusetts Wetlands
Protection Act pursuant to these provisions.
III. Record Documents:
Notice of Intent filed by: Downer Brothers Landscaping (Applicant)
21 Main Street
North Andover, MA 01845
Received DATE May 12, 2006.
Plans prepared by: New England Engineering Services, Inc.
1600 Osgood Street
Building 20, Suite 2-64
North Andover, MA 01845
Entitled "Site Plan", consisting of sheets 1 through 4.
DATED: August 22, 2006, revised 9%21/06.
Signed & Stamped by Benjamin C. Osgood, Jr., P.E.
Other Record Documents: Drainage Report
Prepared by New England Engineering Services, Inc.
Dated May 10, 2006;
Operation and Maintenance Plan (included in NOI)
Dated May 10, 2006;
Division of Fisheries & Wildlife Natural Heritage & Endangered
Species Program (NHESP) letter dated June 13,2006;
Continuance letters prepared by New England Engineering dated
June 14, 2006, June 27, 2006, July 11, 2006, August 21, 2006,
September 13, 2006, October 11, 2006, & November 14, 2006.
C:\Swap/000242-1357,0 N. Main- Denial 6 NACC 11/30/2006
Important:
When filling
out forms on
the computer,
use only the
tab key to
move your
cursor - do not
use the return
key.
T&II a—
Massachusetts Department of Environmental Protection
Bureau of Resource Protection - Wetlands
WPA Form 5 - Order of Conditions
Massachusetts WetlanVoz-4;on
Pction Act M.G.L. c. 13
WQAd„ds B IAV CL
A. General Information
DEP File Number:
242-1357
§40 r NorA AJ,,,
r i 7 t C,d o -r- OoA Anne mcr
From: North Andover
1. Conservation Commission
2. This issuance is for (check one): ® Order of Conditions
❑ Amended Order of Conditions
3. To: Applicant:
a. First Nameb. Last Name Downer Borthers Lanscaping 21 Main Street C. Company
d. Mailing Address
North Andover MA.
e. City/Town 01845
f. State g. Zip Code
4. Property Owner (if different from applicant):
a. First Name Landers Nominee Trust
b. Last Name C. Company
40 Court Street
d. Mailing Address
North Andover MA.
e. City/Town 01845
f. State g. Zip Code
S. Project Location:
O North Main Street
a. Street Address
Map 28
C. Assessors Map/Plat Number
Latitude and Longitude, if known (note:
electronic filers will click for GIS locator):
North Andover
b. Cityr own
Parcel 22
d. Parcel/Lot Number
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
7618 b. Certificate (if registered land) c. Book 51
d. Pa e
7. Dates: 5/12/06 zz 42 a. Date Notice of Intent Filed b. Dat ubf Hearing Closed c. Date of ssuance
6. Final Approved Plans and Other Documents (attach additional plan or document references as
needed):
Site Plan
a. Plan Title
9.
wpaformS.doe- rev. 3/1/05
New England Engineering Services, Inc
b. PrepaBy
Q(�I d
d. inaf Revision Date
f. Additional Plan or Document Title
Total WPA Fee Paid: $ 1575.00
a. Total Fee Paid
Benjamin C. Osgood, P. E.
c. Signed and Stamped by
e 11Sc0•
g. Date
$ 775.00 $ 800.00
b. State Fee Paid c. City/Town Fee Paid
Page 1 of 9
,V U1 % 6-1
Massachusetts Department of Environmental Protection
Bureau of Resource Protection - Wetlands DEP File Number:
WPA Form 5 - Order of Conditions 242-1357
Massachusetts Wetlan s Protection Act M.G.L. c. 131, §40
Note, A,Jovw I�Jr#la,�$ �vn 3 I C ,er 173 ' da.
B. Findings N''�' �'�"G"
Findings pursuant to the Massachusetts Wetlands Protection Act:
Following the review of the above -referenced Notice of Intent and based on the information provided
in this application and presented at the public hearing, this Commission finds that the areas in which
work is proposed is significant to the following interests of the Wetlands Protection Act. Check all that
apply:
a• ® Public Water Supply
d. ® Private Water Supply
g• ® Groundwater Supply
b. ❑ Land Containing Shellfish c. ® Prevention of Pollution
e. ❑ Fisheries
f.
h- ® Storm Damage Prevention i.
® Protection of Wildlife
Habitat
® Flood Control
2. This Commission hereby finds the project, as proposed, is: (check one of the following boxes)
Approved subject to:
I 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 he 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
Alteration Alteration Replacement
I ❑ Bank
4. ❑ Bordering Vegetated
Wetland
5. ❑ Land Under
Waterbodies and
Waterways
08fo-5.doc • rev. 3/1/05
a. linear feet
a. square feet
a. square feet
e. cu.yd dredged
b. linear -feet
b. square -feet
b. square feet
f. cu.yd dredged
unear Tee[
Permitted
Replacement
C. linear feet d. linear feet
c. square feet
c. square
d. square feet
d. square feet
Page 2 of 9
�•d1 i o`I
ILI)Massachusetts Department of Environmental Protection
Bureau of Resource Protection - Wetlands
WPA Form 5 - Order of Conditions
.tMassachusetts Wetlands Protection Act M.G.L. c. 131, §40 s
�V ky%Ayver W Tro
B. Findings (cont.)
DEP File Number:
242-1357
Resource Area
Proposed
Permitted
Proposed
6. El Bordering Land
Alteration
Alteration
Replacement
Subject to Flooding
a. square feet
b. square feet
C. square feet
Cubic Feet Flood
b. square feet c. Gy nourishmt. d. cty nourishmt.
13.
❑
Storage
e. cubic feet
f, cubic feet
g. cubic feet
7. ❑ Isolated Land Subject
a. square feet
b. square feet c. Gy nourishmt. d. c/y nourishmt
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
b, square feet
Sq ft within 100 ft
❑
Salt Marshes
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)
s. E3 Designated Port
Areas Indicate size under Land Under the Ocean, below
1o. ❑ Land Under the
Ocean a. square feet b. square feet
c. cu. yd dredged d. cu.yd dredged
ANdat4e
Permitted
Replacement
d. square feet
h. cubic feet
f. cubic feet
f. square feet
f. square feet
11.
❑
Barrier Beaches
Indicate size under Coastal Beaches and/or Coastal Dunes below
12.
❑
Coastal Beaches
a. square feet
b. square feet c. Gy nourishmt. d. cty nourishmt.
13.
❑
Coastal Dunes
a. square feet
b. square feet c. Gy nourishmt. d. c/y nourishmt
14.
❑
Coastal Banks
a. linear feet
b. linear feet
15.
El
Rocky Intertidal
Shores
asquare feet
b, square feet
16.
❑
Salt Marshes
17.
El
Land Under Salt
a. square feet
b. square feet c. square -feet d. square feet
Ponds
a. square feet
b. square feet
Tcu.yd dredged
d. cu.yd dredged
18.
❑Land
Containing
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. id 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
-D .-A
LlMassachusetts Department of Environmental Protection
Bureau of Resource Protection - Wetlands DEP File Number:
WPA Form 5 - Order of Conditions 242-1357
Mass chusetts Wetlands Protection A t M.G.L. c. 131, §40 r No �„��
almf-er 09
C. General Conditio6d Under kassachusetts Wetlands Protection
Act
(only applicable to approved projects)
WPaf0rm5.doc • rev. 3/1/o5
I. 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 a 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
242-1357 "
Page 4 of 9
If you need more
space for
additional
conditions,
select box to
attach a text
document
'Den4
Massachusetts Department of Environmental Protection
Bureau of Resource Protection - Wetlands
WPA. Form 5 - Order of Conditions
usetts
W
nds Protection Act M.G.L. c. 131, §40
4110', -R (&L).; _CA -coo' V� wJc-
C. General Conditions Under
's
DEP File Number:
242-1357
JV"Lr
la ver
husetts 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:
wpaform5.doc • rev. 3/1/05
Page 5 of 9
. -De*i,r�
LJMassachusetts Department of Environmental Protection
I Bureau of Resource Protection - Wetlands
WPA Form 5 - Order of Conditions
Massachusetts Wetlands Protection Act M.G.L. c. 1 P 1, §40 s i1loFA
,AnLvw Wt --I &,d r fro 1 ow C' t f-etr
If you need more
space for
additional
conditions,
select box to
attach a text
document
DEP File Number:
242-1357
• 9 -rw
D. Findings Under Municipal Wetlands ylaw or Ordinance
1. Is a municipal wetlands bylaw or ordinance applicable? ® Yes ❑ No
2. The North Andover hereby finds (check one that applies):
Conservation Commission
3. ❑ that the proposed work cannot be conditioned to meet the standards set forth in a municipal
ordinance or bylaw specifically:
a. Municipal Ordinance or Bylaw b. Citation
Therefore, work on this project may not go forward unless and until a revised Notice of Intent is
submitted which provides measures which are adequate to meet these standards, and a final Order of
Conditions is issued.
4. ® that the following additional conditions are necessary to comply with a municipal ordinance or
bylaw:
North Andover Wetland Protection Bylaw Chapter 178
a. Municipal Ordinance or Bylaw b. Citation
The Commission orders that all work shall be performed in accordance with the following conditions
and with the Notice of Intent referenced above. To the extent that the following conditions modify or
differ from the plans, specifications, or other proposals submitted with the Notice of Intent, the
conditions shall control.
c. The special conditions relating to municipal ordinance or bylaw are as follows:
See attached
wpeform5.doc • rev. 311/05
Page 6 of 9
TeA t CW
Massachusetts Department of Environmental Protection
Bureau of Resource Protection - Wetlands
WPA Form 5 - Order of Conditions
Mass :husetts Wetlands Protecti n Act M.G.L. . 131, §40 i r6rf�
E. issuance
DEP File Number:
242-1357
This Order is valid for three years, unless otherwise specified as a special l�
condition pursuant to General Conditions #4, from the date of issuance. �. Date of sua ce
Please indicate the number of members who will sign this form:
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 tim��to the appropriate partment of
Environmental Protection Regio I Office, if not filing elect rgllically, ai pd the proty owner, if different
from applicant. _ �� A II I
Signatures:
Notary Acknowledgement
Commonwealth of Massachusetts County of Essex North
On thisal 11 of A006
Day Month Year
Before me, the undersigned Notary Public, � cc{. f - MAS 6q—
personally appeared Name of Document Signer
proved to me through satisfactory evidence of identification, which was/were
Massachusetts License
vva.,n�ruwvi oviuvm v Di wenimcatlon
to be the person whose name is signed on the preceding or attached document, and acknowledged to
me that he/she signed it voluntarily for its stated purpose.
As member of North Andover
City/Town Conservation Commission
K:DONNAK WEDGE
NVAW FLOW
WM EOU Aug. 7, 2009
Place notary seal and/or any stamp above
This Order is issued to the applicant as follows:
❑ by hand delivery on
uate
Signature of Notary Public
Mn,Q /7/ lir%�J
Printed Name f Not ry Public
�1�%9
My Commisiion lApires (Date)
LTJ by certified mail, return receipt requested, on
m 1�O (o
Date
wpaforms.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
F. Appeals
DEP File Number:
242-1357
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.
wpeform&doc • rev. 3/1/05
Page 8 of 9
ILIMassachusetts Department of Environmental Protection
)l Bureau of Resource Protection - Wetlands
WPA Form 5 - Order of Conditions
Massachusetts Wetlands Protection Act M.G.L. c. 131, §40
G. Recording Information
DEP File Number:
242-1357
This Order of Conditions must be recorded in the Registry of Deeds or the Land Court for the district in
which the land is located, within the chain of title of the affected property. In the case of recorded land, the
Final Order shall also be noted in the Registry's Grantor Index under the name of the owner of the land
subject to the Order. In the case of registered land, this Order shall also be noted on the Land Court
Certificate of Title of the owner of the land subject to the Order of Conditions. The recording information
on Page 7 of this form shall be submitted to the Conservation Commission listed below.
North Andover
Conservation Commission
Detach on dotted line, have stamped by the Registry of Deeds and submit to the Conservation Commission.
------------------------------------------------------------------------------------------
To:
North Andover
Conservation Commission
Please be advised that the Order of Conditions for the Project at:
vroject Location
Has been recorded at the Registry of Deeds of:
t,ounty
for:
Property Owner
242-1357
DEP File Number
Book
and has been noted in the chain of title of the affected property in:
Book
rage
In accordance with the Order of Conditions issued on:
Date
If recorded land, the instrument number identifying this transaction is:
Instrument Number
If registered land, the document number identifying this transaction is:
Document Number
Signature of Applicant
Page
wpaform5.doc • rev. 311105
Page 9 of 9
Town Clerk Time Stamp
f NORTH
O tt�ao �e, ^•O
O
}� f -IVED
VARIANCE S.C.H
�4`sAHUSES
TOWN OF NORTH ANDOVER 2007 MAR -6 PH 4: 26
ZONING BOARD OF APPEALS
NAME: -Downer Brothers Landscaping, Inc.
ADDRESS OF APPEAL: 0 North Main Street
Procedure & Requirements
for an Application for a Variance
Ten (10) copies of the following information must be
submitted thirty (30) days prior to the first public hearing.
Failure to submit the required information within the time
periods prescribed may result in a dismissal by the
Zonina Board of an application as incomplete.
The information herein is an abstract of more specific
requirements listed in the Zoning Board Rules and
Regulations and is not meant to supersede them. The
petitioner will complete items that are underlined
STEP 1: ADMINISTRATOR PERMIT DENIAL:
The petitioner applies for a Building Permit and receivers
a Zoning Bylaw Denial form completed by the Building
Commissioner.
STEP 2: FINDING APPLICATION FORM:
Petitioner completes an application form to petition the
Board of Appeals for a Finding. All information as
required in items 1 through and including 11 shall be
completed.
STEP 3: PLAN PREPARATION:
Petitioner submits all of the required plan information as
cited in section 10, page 4 of this form.
STEP 4: OBTAIN LIST OF PARTIES IN INTEREST:
The petitioner requests the Assessor's Office to compile
a certified list of Parties in Interest (abutters).
STEP 5: SUBMIT APPLICATION:
Petitioner submits one (1) original and ten (10) Xerox
copies of all the required information to the Town Clerk's
Office to be certified by the Town Clerk with the time and
date of filing. The original will be left at the Town Clerk's
Office, and the 10 Xerox copies will be left with the
Zoning Board of Appeals secretary.
STEP 6: SCHEDULING OF HEARING AND
PREPARATION OF LEGAL NOTICE:
The Office of the Zoning Board of Appeals schedules the
applicant for a hearing date and prepares the legal notice
for mailing to the parties in interest (abutters) and for
publication in the newspaper. The petitioner is notified
that the legal notice has been prepared and the cost of
the Party in Interest fee.
STEP 7: DELIVERY OF LEGAL NOTICE TO
NEWSPAPER
The petitioner picks up the legal notice from the Office of
the Zoning Board of Appeals and delivers the legal notice
to the local newspaper publication.
STEP 8: PUBLIC HEARING BEFORE THE ZONING
BOARD OF APPEALS:
The petitioner should appear in his/her behalf, or be
represented by an agent or attorney. In the absence of
any appearance without due cause on behalf of the
petitioner, the Board shall decide on the matter by using
the information it has otherwise received.
STEP 9: DECISION:
After the hearing, a copy of the Board's decision will be
sent to all Parties in Interest. Any appeal of the Board's
decision may be made pursuant to Massachusetts
General Law ch. 40A § 17, within twenty (20) days after
the decision is filed with the Town Clerk.
STEP 10: RECORDING THE DECISION AND PLANS.
The petitioner is responsible for recording certification of
the decision and any accompanying plans at the Essex
County, North Registry of Deeds, 381 Common St.,
Lawrence MA, and shall complete the Certification of
Recording form and forward it to the Zoning Board of
Appeals and to the Building Department.
IMPORTANT PHONE NUMBERS:
978-688-9533 Office of Community Dev. & Services North Andover Town Hall
1600 Osgood St., Bldg. 20, Suite 2-36 120 Main Street
North Andover, MA 01845 978-688-9501 Town Clerk's Office
978-688-9542 fax for Community Development offices 978-688-9566 Assessor's Office
978-688-9545 Building Department
978-688-9541 Zoning Board of Appeals Office
PAGE 1 of 4
Town Clerk Time Stamp
Of NORT#1
St�°o e� h0
O %
J 77 IV 9
4
VARIANCE �9q�•,r.o.�s�5
Ssacwus�
TOWN OF NORTH ANDOVER 2007 €1A?� _'U Fri Lo 26
ZONING BOARD OF APPEALS
NAME: .Downer Brothers Landscaping, Inc. =`
ADDRESS OF APPEAL: 0 North Main Street y
Procedure & Requirements
for an Application for a Variance
Ten. (10) copies of the following information must be
submitted thirty (30) days prior to the first public hearing.
Failure to submit the required information within the time
periods prescribed may result in a dismissal by the
Zoning Board of an application as incomplete.
The information herein is an abstract of more specific
requirements listed in the Zoning Board Rules and
Regulations and is not meant to supersede them. The
petitioner will complete items that are underlined
STEP 1: ADMINISTRATOR PERMIT DENIAL:
The petitioner applies for a Building Permit and receivers
a Zoning Bylaw Denial form completed by the Building
Commissioner.
STEP 2 FINDING APPLICATION FORM:
Petitioner completes an application form to petition the
Board of Appeals for a Finding. All information as
required in items 1 through and including 11 shall be
completed.
STEP 3: PLAN PREPARATION:
Petitioner submits all of the required plan information as
cited in section 10, page 4 of this form.
STEP 4: OBTAIN LIST OF PARTIES IN INTEREST:
The petitioner requests the Assessor's Office to compile
a certified list of Parties in Interest (abutters).
STEP 5: SUBMIT APPLICATION:
Petitioner submits one (1) original and ten (10) Xerox
copies of all the required information to the Town Clerk's
Office to be certified by the Town Clerk with the time and
date of filing. The original will be left at the Town Clerk's
Office, and the 10 Xerox copies will be left with the
Zoning Board of Appeals secretary.
STEP 6: SCHEDULING OF HEARING AND
PREPARATION OF LEGAL NOTICE:
The Office of the Zoning Board of Appeals schedules the
applicant for a hearing date and prepares the legal notice
for mailing to the parties in interest (abutters) and for
publication in the newspaper. The petitioner is notified
that the legal notice has been prepared and the cost of
the Party in Interest fee.
STEP 7: DELIVERY OF LEGAL NOTICE TO
NEWSPAPER
The petitioner picks up the legal notice from the Office of
the Zoning Board of Appeals and delivers the legal notice
to the local newspaper publication.
STEP 8: PUBLIC HEARING BEFORE THE ZONING
BOARD OF APPEALS:
The petitioner should appear in his/her behalf, or be
represented by an agent or attorney. In the absence of
any appearance without due cause on behalf of the
petitioner, the Board shall decide on the matter by using
the information it has otherwise received.
STEP 9: DECISION:
After the hearing, a copy of the Board's decision will be
sent to all Parties in Interest. Any appeal of the Board's
decision may be made pursuant to Massachusetts
General Law ch. 40A § 17, within twenty (20) days after
the decision is filed with the Town Clerk.
STEP 10: RECORDING THE DECISION AND PLANS.
The petitioner is responsible for recording certification of
the decision and any accompanying plans at the Essex
County, North Registry of Deeds, 381 Common St.,
Lawrence MA, and shall complete the Certification of
Recording form and forward it to the Zoning Board of
Appeals and to the Building Department.
iii►iiiiiifiiTiiiliiYii(itiliiti��f4GEi�ilpYftii3i37Gi5�fiili�i3iii6ii�€iiift'it�diiii'i[�ffi`ftSiDfaic'3iiCiiSiiic�3'Yc`I6ii'ii5fie3Grf�if�fiiFi�iriFiiYi�ii�fi3diiiit3$iiC6iitiiii5i3#iiCLGGiiF$iiiiiiiii:if6i(iGii
IMPORTANT PHONE NUMBERS:
978-688-9533 Office of Community Dev. & Services North Andover Town Hall
1600 Osgood St., Bldg. 20, Suite 2-36 120 Main Street
North Andover, MA 01845 978-688-9501 Town Clerk's Office
978-688-9542 fax for Community Development offices 978-688-9566. Assessor's Office
978-688-9545 Building Department
978-688-9541 Zoning Board of Appeals Office
PAGE 1 of 4
PAGE 2 OF 4
NORTH ANDOVER ZONING BOARD OF APPEALS application for a VARIANCE
1. Petitioner: *Name, *Address and telephone number:
Downer Brothers Landscaping, Inc. (978) 815-3444
21 Main Street
North Andover, MA 01845
*The petitioner shall be entered on the legal notice and the decision as entered above.
2. Owners of Land: Name, Address, telephone number, and number of years under this
ownership:
Abbie Kayla LLC (978) 815-3444
21 Main Street
North Andover, MA 01845
Years Owned Land: 1
3. Location of Property:
a. Street: 0 North Main Street Zoning District: IS
b. Assessors: Map number: 28 Lot Number: 22 _
c. Registry of Deeds: Book Number: 10121 Page Number: 327
4. Zoning Bylaw Section(s)* under which the petition for the Variance is made.
Section 10.4 and Section 7, Table 2
*Refer to the Zoning Bylaw Denial and Plan Review Narrative form as supplied by the Building Commissioner
5. Describe the Variance request:
A dimensional variance is requested to allow the construction of a building on a lot containing
46,378 SF ± where a minimum lot area of 50,000 SF is required.
The above description shall be used for the purpose of the legal notice and decision. A more detailed description is required pursuant to
the Zoning Board Rules and Regulations as cited on page 4, section 9 of this application. Failure by the applicant to describe the request
clearly may result in a decision that does not address the intent of the applicant. The decision will be limited to the request by the applicant
and will not involve additional items not included above.
6 A. Difference from Zoning Bylaw requirements: Indicate the dimension(s) that will not meet
current Zoning Bylaw Requirements. (Lines A and B are in case of a lot split)
Lot Area Open Space Percentage Lot Frontage Parking
Sq. Ft. Sq. Ft. Coverage Feet Spaces Front Side A Side B Rear
A.46,378 sf NA NA % NA NA NA NA NA NA
B. %
Page 3 of 4
NORTH ANDOVER ZONING BOARD OF APPEALS application for a VARIANCE
6 B. Existing Lot:
Lot Area Open Space
Percent Lot
Frontage
Parking
Square feet Floors
Minimum Lot Setback
Building*
Sq. Ft. Sq. Ft.
Coverage
Feet
Spaces
Front
Side A Side B
Rear
46,378 NA
NA
338.23
NA
NA
NA NA
NA
6 C. Proposed Lot(s):
Use of
Number
Square feet Floors
Sq. feet
Building*
Lot Area Open Space
Percent Lot
Frontage
Parking
Minimum Lot Setback
*Reference Uses from the Zoning Bylaw & Table 1.
Sq. Ft. Sq. Ft.
Coverage
Feet
Spaces
Front
Side A Side B
Rear
46.378 44,402
4.26%
338.23
4
30.2
33.4 74±
74±
6 D. Required Lot:
(As required by Zoning Bylaw & Table 2)
Lot Area Open Space
Percent Lot
Frontage
Parking
Minimum Lot Setback
Sq. Ft. Sq. Ft.
Coverage
Feet
Spaces
Front
Side A Side B
Rear
50.000 NA
35%
150
4
30
15 15
30
7A. Existing Building(s):
Ground Floor Number of Height
Total
Use of
Number
Square feet Floors
Sq. feet
Building*
of Units**
NA NA NA
NA
NA
NA
*Reference Uses from the Zoning Bylaw & Table 1.
**State number
of units in building(s).
7B. Proposed Building(s):
Ground Floor Number of Height
Total
Use of
Number
Square feet Floors
Sq. feet
Building*
of Units**
1,976 1 26
1,976
Business Garage 1
*Reference Uses from the Zoning Bylaw & Table 1.
**State number of units in building(s).
8. Petitioner and Landowner signature(s):
Every application for a Variance shall be made on this form, which is the official form of the Zoning Board of Appeals. Every
application shall be filed with the Town Clerk's Office. It shall be the responsibility of the petitioner to furnish all supporting
documentation with this application. The dated copy of this application received by the Town Clerk or the Zoning Board of Appeals
does not absolve the applicant from this responsibility. The petitioner shall be responsible for all expenses for filing and legal
notification. Failure to comply with application requirements, as cited herein and in the Zoning Board Rules and Regulations may
result in a dismissal by the Zoning Board of this application as incomplete.
OWNER: ABBIE KAYLA LLC APPLICANT: DOWNER BROTHERS LANDSCAPING, INC.
Signature: BY:,- - ' BY:
Type above name(s) here: Christopher S Downer Christopher S Downer
M°R,ti Zoning Bylaw Review Form
°` •'"°
'Town Of North Andover
a Building Department
F A
.r «; 1600 Osgood Street, Building 20, Suite 2-36
°.,,.°.• North Andover, MA. 01845
,sSACNU°+Et Phone 978-688-9545 Fax 978-688-9542
Street:
0 North Main Street
Ma /Lot:
28122
Applicant:
Abbie Kayla LLC
Request:
Construct landscaping business garage in contractor's yard.
Date:
2128107
Please be advised that after review of your Application and Plans that your Application is
DENIED for the following Zoning Bylaw reasons:
7nninn nictrir-t- I -S
Remedy for the above is checked below
Item # Special Permits Planning Board Item #
Item
Notes
Setback Variance
I Item
Notes
A
Lot Area
Common Driveway Special Permit
F
Frontage
Variance for Sign
1
Lot area Insufficient
X
1
Frontage Insufficient
Earth Removal Special Permit ZBA
2
Lot Area Preexisting
X
2
Frontage Complies
X
3
Lot Area Complies
3
Preexisting frontage
4
Insufficient Information
4
Insufficient Information
B
Use
5
No access over Frontage
1
Allowed
X
G
Contiguous Building Area
2
Not Allowed
1
Insufficient Area
3
Use Preexisting
2
Complies
X
4
Special Permit Required
3
Preexisting CBA
5
Insufficient Information
4
Insufficient Information
C
Setback
H
Building Height
1
All setbacks comply
X
1
Height Exceeds Maximum
2
Front Insufficient
2
Complies
X
3
Left Side Insufficient
3
Preexisting Height
4
Right Side Insufficient
4
Insufficient Information
5
Rear Insufficient
I
Building Coverage
6
Preexisting setbacks
1
Coverage exceeds maximum
7
Insufficient Information
2
Coverage Complies
X
D
Watershed
3
Coverage Preexisting
1
Not in Watershed
X
4
Insufficient Information
2
In Watershed
j
Sign
3
Lot prior to 10/24/94
1
Sign not allowed
4
Zone to be Determined
2
Sign Complies
5
Insufficient Information
3
Insufficient Information
E
Historic District
K
Parking
1
In District review required
1
More Parking Required
2
Not in district
X
2
Parking Complies
i X
3
Insufficient Information
Remedy for the above is checked below
Item # Special Permits Planning Board Item #
Variance
Site Plan Review Special Permit
Setback Variance
Access other than Frontage Special Permit
Parking Variance
Frontage Exception Lot Special Permit A-1
Lot Area Variance
Common Driveway Special Permit
Height Variance
Congregate Housing Special Permit
Variance for Sign
Continuing Care Retirement Special Permit
Special Permits Zoning Board
Independent Elderly Housing Special Permit
Special Permit Non -Conforming Use ZBA
Large Estate Condo Special Permit
Earth Removal Special Permit ZBA
Planned Development District Special
Permit
Special Permit Use not Listed but Similar
Planned Residential Special Permit
Special Permit for 2 Unit
R-6 Density Special Permit
Special Permit Pre-existing, Non -
..Conforming
Watershed Special Permit
Supply Additional Information
The above review and attached explanation of such is based on the plans and information submitted. No definitive
review and or advice shall be based on verbal explanations by the applicant nor shall such verbal explanations by the
applicant serve to provide definitive answers to the above reasons for DENIAL. Any inaccuracies, misleading
information, or other subsequent changes to the information submitted by the applicant shall be grounds for this review to
be voided at the discretion of the Building Department. The attached document titled 'Plan Review Narrative" shall be
attached hereto and incorporated herein by reference. The building department will retain all plans and documentation
for the abo file. You must file a new building permit application f;rm/;n7db,in the permitting process.
wilding Departmeht OtT"cial Signa ur /ipplicatibn Received Application Denied
Denial Sent : If Faxed Phone Number/Date:
Plan Review Narrative
The following narrative is provided to further explain the reasons for denial for the building permit'
for the property indicated on the reverse side:
Review
Form Item
Reference
Reasons for Denial & Bylaw Reference
Police
X Zonin Board of Appeals
A-1
A Variance from the Zoning Board of Appeals is required from Section 7.1
(Lot Area) & Table 2 of the Zoning Bylaw in order to construct the proposed
landscaping business garage.
Planning
/
A,. Shaws 6
Other
BUILDING DEPT
400000
Reforrerl Tn-
Fire
Health
Police
X Zonin Board of Appeals
Conservation
De artment of Public Works
Planning
Historical Commission
Other
BUILDING DEPT
ZoningBylawDenia12000
TOWN OF NORTH ANDOVER ZONING BOARD OF APPEALS
APPLICANT: DOWNER BROTHERS LANDSCAPING, INC.
OWNER: ABBIE KAYLA LLC
PROPERTY: ASSESSOR MAP 28, PARCEL 22
0 NORTH MAIN STREET, NORTH ANDOVER
MEMORANDUM IN SUPPORT OF APPLICANT'S REQUEST
FOR DIMENSIONAL VARIANCE
I. INTRODUCTION
Pursuant to Section 10.4 of the North Andover Zoning Bylaw and § 10 of MGL c. 40A, Downer
Brothers Landscaping, Inc., requests that a variance or other zoning relief be granted to permit
the construction of a commercial/industrial building for use as a business garage on the property
which fails to conform with current lot size requirements.
II. BACKGROUND
Downer Brothers Landscaping, Inc. (the "Petitioner" or "Applicant") is the prospective tenant
and user of the premises located at 0 North Main Street in North Andover (the "Property"). The
Property is owned by Abbie Kayla LLC (the "Owner"), an affiliate of the Applicant. The Owner
acquired the property by deed of Vincent B. Landers and Sheila M. Landers, as Trustees of The
Landers Nominee Trust, dated January 30, 2006 and recorded at Book 10 12 1, Page 327 of the
Essex County North District Registry of Deeds (the "Deed"). The Property further described in
the Deed and it is also identified on the Town of North Andover Assessor Map 28, as Parcel 22.
The Property is located in the Industrial "S" Zoning District ("IS"), where the proposed use of
the Property as a business garage is permitted by right.
On or about February 13, 2007, the Building Inspector issued a denial of the Petitioner's
application and determined that issuance of a building permit requires a dimensional variance.
More specifically, as the basis for denial, the Inspector of Buildings determined that the proposal
did not comply with the requirements of Section 7 and Table 2 of the Zoning Bylaws and that a
Variance for lot area was required to erect the structure. A copy of the Building Inspector's
Denial is attached as Exhibit A.
It is noted that the Property has historically been used for commercial business operations from
the 1960's when it was purchased by Hurricane Fences, Inc. and thereafter by the Landers, the
Owner's predecessor in title. A structure was previously erected and used on the Property, as
evidenced by the remains on the Property of a building foundation and driveway of substantially
similar size and location to the proposed development. In addition, it is noted that the Property is
bordered by a substantially smaller undersized lot which is developed to include a building.
III. BASIS FOR VARIANCE
The Applicant's proposed variance meets all of the conditions for granting of a variance.
The basis for the Petitioner's appeal is as follows.
There are circumstances relating to soil conditions, shape, or topography of the land or
structures and especially affecting such land or structures but not affecting generally the
zoning district in which the property is located. In particular, the following property
conditions are noted:
a. The Property's shape, soils and topography are unique, with the property oddly
shaped by a triangular "block" of streets and bordered on its northwesterly edge
by the Merrimack River, on two opposite ends to the west and east by roadways
(Ferry Street and North Main Street), and to the south by an abutting undersized
lot.
b. The entire northerly portion of the Property is the subject of an easement to the
Greater Lawrence Sanitary District and the sole abutting parcel is fully developed
with a mixed use commercial garage structure and residential apartment. It is
further noted that abutting property is nonconforming including as to dimensional
requirements, including without limitation lot area, with the lot substantially
smaller than the subject Property.
C. In additional, the Property is subject to soil and topography issues given its
proximity to the Merrimack River with steep sloping along the rear of the lot to
the border and bank of the river.
2. As a result of the circumstances described above which affect the Property but do not
affect the zoning district in general, a literal enforcement of the area requirements of the
Zoning Bylaw will involve substantial hardship, financial or otherwise, to the Applicant.
The Property is "landlocked" by roadways and the river, which makes the ability to
expand the lot, in this case, to conform with zoning impractical if not impossible. The
property has been taxed and was purchased considering valuation as a building lot, has in
the past had a storage building constructed on the Property, and the lot owner will suffer
significant financial hardship if deprived of its value and investment.
3. The relief sought will be desirable and without substantial detriment to the public good.
The lot and structure, while not conforming technically to the lot area requirement of
Table 2 of the Zoning Bylaw will be conforming otherwise with all setbacks and with the
Table 2 dimensional requirements. Further, the Property will be more conforming in this
regard than its only immediate abutter. All property owners in the neighborhood should
reasonably have expected that the property would again eventually be developed in light
of the ongoing and historic commercial use of the Property and considering the existing
concrete slab foundation at the Property.
4. Allowing the construction of the commercial building on the Property with a 46,378 SF
lot foot rather than a 50,000 SF lot will not derogate from the intent or purpose of the
Zoning Bylaw because it will allow development that is consistent with and in keeping
with the development of other properties in the neighborhood. The use is a permitted use
and the lot area is consistent with or greater than for the abutting IS -zoned lot. Further,
allowing a business garage on the Property would be consistent with the historic
commercial use for this Property upon which a structure previously existed.
Accordingly, for the reasons stated above, and others that will be presented at the hearing, the
Petitioner respectfully requests the Zoning Board of Appeals to grant the requested variance, and
allow the Property to be developed with a minimum with a 46,378 SF lot where a 50,000 SF lot
is required.
Respectfully submitted,
DOWNER BROTHERS LANDSCAPING, INC.
By its attorney,
Brian G. Vaughan, Esq.
SMOLAK & VAUGHAN LLP
820 Turnpike Street, Suite 203
North Andover, Massachusetts 01845
(978) 327-5217
OWNER AUTHORIZATION
0 North Main Street, North Andover, Massachusetts
(Assessors Map 28, Lot 22)
The undersigned, Abbie Kayla, LLC, the owner (the "Owner") of property
identified as Assessor's Map 28 Lot 22, located at 0 North Main Street, North Andover,
Massachusetts, hereby authorizes Downer Brothers Landscaping, Inc. and Christopher S.
Downer and/or their attorneys, agents or nominees, to apply to the Board of Appeals,
Planning Board, Board of Selectmen, Board of Health and/or Conservation Commission
of the Town of North Andover, as well as to any other boards or agencies, for all
approvals necessary to use, construct and develop said property to include a commercial
or industrial building (business garage) and for any additional or accessory uses or
improvements as desired by the said applicant.
The Owner disclaims any responsibility for the actions of, or information
provided by, the Applicant relating to any requests for approval or otherwise.
Dated: February 14, 2007
OWNER:
ABBIE KAYLA, LLC
By:��_
Christopher S. Downer
I
BK 10121 PG 327
QUITCLAIM DEED
WE, VINCENT B. LANDERS and SHEILA M. LANDERS, Trustees of the
LANDERS NOMINEE TRUST, under declaration of trust dated February 6, 2003 and
recorded in Book 7618, Page 42
In consideration of TWO HUNDRED THOUSAND DOLLARS AND 00/100
($200,000.00) paid
Grant to ABBIE KAYLA LLC, a Massachusetts Corporation, having a place of business
at 21 Main Strect, North Andover, Essex County, Commonwealth of Massachusetts
WITH QUITCLAIM COVENANTS
A certain parcel of land situated in the Town of North Andover, Massachusetts, and
bounded and described as follows:
Beginning at a stake on the Westerly side ofNorth Main Street 132.00 feet Northerly
from a stone bound at the inteassection of the Northerly line of Ferry Stat with the
Westerly line of North Main Street; thence Northwesterly by land now or formerly of the
grantors 128.91 feet to an iron pipe; thence Southwesterly by laird now or formerly of the
grantors 178.16 feet to a point in the Northerly line of perry Sired, said point being
202.00 feet Northwesterly from the Westerly side of North Alain Street; thence
Northwesterly along the Northerly side of Ferry Street 85.61 feet, more or less, to the
Merrimack River, thence Northeasterly by the Merrimack River 465.00 feet, more or less;
to a point on the Westerly side of North Again Street, thence Southerly by the Westerly
side of North Main Street 338.23 feet, more or less, to the point of begitrtring.
Containing 41,945 square feet, more or less.
Being the same premises as conveyed to the within grantors by deed of Vincent B.
Landers dated Febnrraty 6, 2003 and recorded in the FA= North Registry of Deeds in
Book 7618, Page 51. See also deed dated November 17,1977 at Book 1325, Page 353.
CM
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?� m' -10121 G 328
WITNESS our hand and seal this day of January, 2006.
VINCENT E. LANDERS, Trustee
SHEILA M. LANDEIRS, Trustee
THE COMMONWEALTH OF MASSACHUSETTS
On this j o day of January, 2006, before me, the undersigned notary public,
personally appeared Vincent B. Landers and Sheila M. Landers, Trustees of the Landers
No nince Trust, u/d/t/ dated February 6, 2003, proved to ane through satisfactory evidence
of identification, which were Mjk h�> Drivers License, to be the person whose
name is signed on the preceding document, and acknowledged to me that they signed it
voluntarily for its stated purpose."
a
Notary Public,
My commission.exp'
Ofrui : • t<g
J
R
Abutter to Abutter ( ) Building Dept. ( ) Conservation ( ) Zoning ( )
REQUIREMENT.
MGL 40A, Section 11 states in part "Parties in Interest as used in this chapter shall mean the petitioner,
abutters, owners of land directly oppositeon any public or private way, and abutters to abutters within
three hundred (300) feet of the property line of the petitioner as they appear on the most recent applicable
tax list, not withstanding that the land of any such owner is located in another city or town, the planning
board of the city or town, and the planning board of every abutting city or town."
Subject Property.
MAP
PARCEL
Name Address
28
22
Landers Nominee Trust 40 Court Street, North Andover, MA 01845
Abutters Properties
Map
Parcel
Name Address
28
6&5
Rosario Finocchiaro Riverview Street, North Andover, MA 01845
28
7
Sutton Street Realty Trust X149 Main Street #E2 North Andover, MA 01845
28
19
Town of North Andover IA20 Main Street, North Andover, MA 01845
28
23
In -Laws Realty Trust t.P00 Sutton Street, North Andover, MA 01845
28
4&3
Greater Lawrence SanitaryXharies Street, North Andover, MA 01845
28
2
Raymond Finocchiaro LM Riverview Street, North Andover, MA 01845
28
1
LBM Realty Trust Sutton Street, North Andover, MA 01845
28
1.A
Charles Matsesll 0 Sutton Street, North Andover, MA 01845
17
2&3
Louis Kmiec ytTNJ*1u 101 Tumpike Street, North Andover, MA 01845 Q,
17
1
Michael Clark 1rC 5 LOA4016 Ferry Street, North Andover, MA 0184 a- 197
17
4,21 & 22
Russell Hertrich L--9'1 Hampstead Street, Methuen, MA 01844
17
5
John Lu r C'Vvlftb45 Main Street, Tewksbury MA 01876-1847 w "a D7
17
6
Jason Horyn wag Ashland Street, North Andover, MA 01845
17
7
James Wilen �e ��8 Ashland Street, North Andover, MA 01845
72
11
Elaine Brasseur ,j31 Riverview Street, North Andover, MA 01845
This certifies that the names appearing on the
records of the Assessors Office as of
-1-g
Certified by Date /2
52'
WINDOW
(TYP.)
GARAGE
38' FLOOR
RAMP
RAMP
PLAN
VIEW
NOTES:
1. FINISH FLOOR ABOVE FLOOD PLAIN
ELEVATION OF 33.00.
2. STRUCTURAL ENGINEER SHALL
DESIGN PILINGS AND FLOOR SYSTEM.
PROPOSED GARAGE FLOOR PLAN
0 NORTH MAIN ST., NORTH ANDOVER, MA
ASSESSORS MAP 28, LOT 22
GRAPHIC SCALE
(IN FEET)
PREPARED FOR
DOWNER BROTHERS LANDSCAPING
NORTH ANDOVER, MA 01845
20' 0 20' 40'
SCALE: 1" = 20' FEBRUARY 23, 2007
60NEW ENGLAND ENGINEERING SERVICES, INC.
1600 OSGOOD STREET
BUILDING SUITE 4
01
ER, MA 01845
NORTH ANDOVER,
(978) 686-1768
1 INCH = 20 FEET
DRAWN BY:
SHEET#: CHECKED BY:
T.K.H.
1 of 1 B.C.O. Jr.
FILE #:
DESIGN BY:
1150-Floor
Plan 2-23-07 B.C.O. Jr.
52'
12
4
12'
22.3 12'
16'
10'
10'
RAMP
T- U/
RAMP
12" x 12"
CONCRETE
COLUMN (TYP.)
FRONT
RIGHT
WOOD FRAME WITH
WOOD CLAPBOARDS
12
0-104
28'
El 0 EJ
E3 E3
38'
REAR
LEFT
NOTES:
1. FINISH FLOOR
ABOVE FLOOD PLAIN
ELEVATION OF 33.00.
2. STRUCTURAL ENGINEER SHALL
DESIGN PILINGS AND FLOOR SYSTEM.
PROPOSED BUILDING ELEVATIONS
0 NORTH MAIN ST., NORTH ANDOVER, MA
ASSESSORS MAP 28, LOT 22
GRAPHIC SCALE
PREPARED FOR
DOJVNER BROTHERS LANDSCAPING
NORTH ANDOVER, MA 01845
(IN FEET)
SCALE: 1" = 20' FEBRUARY 14, 2007
20'
0 20'
40' 60' NEW ENGLAND ENGINEERING SERVICES, INC.
1600 OSGOOD STREET
BUILDINGSUITE 4
NORTH ANDOVER, 01
ER, MA 01845
(978) 686-9768
1 INCH = 20 FEET
DRAWN BY: SHEET#: CHECKED BY:
T.K.H.1 0f 1 S,C.O. Jr.
FILE #: DESIGN BY:
1150 -MA Plan 2-14-07 B.C.O. Jr.
PAGE 4 of 4
VARIANCE
9. WRITTEN DOCUMENTATION Engineer, Registered Architect, and/or a Registered
Application for a Finding must be supported by a legibly Landscape Architect may be required for Major Projects.
written or typed memorandum setting forth in detail all
facts relied upon. All dimensional requirements shall be *10. C. *Required Features On Plan:
clearly identified and factually supported when requesting [) Site Orientation shall include:_
\ 3
88.37 -
�NNNpcPa'
N rn
GRAPHIC SCALE
( IN FEET )
I inch = 30 ft.
GREATER LAWRENCE BOARD OF APPEALS PLAN
SANITARY DISTRICT 0 NORTH MAIN STREET
PERMANENT EASEMENT FOR NORTH ANDOVER, MASSACHUSETTS
SEWEREA=2,46S.F.INTERCEPTOR ASSESSORS MAP 28 PARCEL 22
AREA=2,426 S.F.
PREPARED FOR
ABBIE KAYLA, LLC.
NORTH ANDOVER, MASSACHUSETTS
an
SCALE: 1"=30' FEBRUARY 14, 2007
REVISED NEW ENGLAND ENGINEERING SERVICES, INC.
1600 OSGOOD STREET, BUILDING 20
SUITE 2-64, NORTH ANDOVER, MA 01845
( 978) 686-1768
DRAWN BY: SHEET #: CHECKED BY:
D.A. i of 1 D. A. & B. C. 0. JR.
FILE #: DESIGN BY:
1150 ZBA Plan 2-14-07 D.A.
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