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HomeMy WebLinkAboutApplication Lot 4 (365 Johnson St) i Town of North Andover Planning Bo' {I;�\[�sI Irat'! Application for Watershed Special , r it.,1l ; l`3!�:E> I Please type or punt clearly. 7. Petitioner:—William Barrett Homes Inc Petitioner's Address: 1049 Turnpike Street Telephone number: ( 9 7 8) 6 8 2-2 3 2 0 2. Owners of the Land: John R . Jr . & Elizabeth Leeman Address: 45 Pane Ridge Road Number of years of ownership; 3. Year lot was created: 2002 4. is the lot currently on septic or sewer? Sewer Available If on sewer,please provide date the sewer connection was completed: rent Connection 5. Description of Proposed Project: Construction of a Single Family Residence and Associated utility and site wor . 6. Description of Premises: located on the Westerly side of Johnson Street approximately 320 Ft . Northerly of Lisa Lane . 7. Address of Property Being Affected No current address Zoning District: R-3 Assessors: Map. 9 8-A Lot# Registry of Deeds: Book#: 5786 Page#: 29 &. Existing Lot: Lot Area(Sq.Ft) 7 6 . 0 7 2,. S f . BuildingHeight NA Street Frontage: 2 n 4 J„R F t_. Side Setbacks: Front Setback: 16 5 Ft . Rear Setback: NA Floor Area Ratio: NA Lot Coverage:_ B A 9. Proposed Lot(if applicable): Lot Area(Sq.Ft) NA Building Height 20 Ft Street Frontage: -- A Side Setbacks: 2 0 Ft . Front Setback: 165 Ft . Rear Setback: 30 Ft . Floor Area Ratio: NA Lot Coverage:_. NA ^_ e 10• Required Lot(as required by Zoning Bylaw): Lot Area(,Sq.Ft) Building Height Street Frontage: i 9 5 _ Side Setbacks: 2() , Front Setback: 30 , Rear'Setback--___aL2 Floor Area Ratio: Lot Coverage: 11. Existing Building(if applicable): Ground Floor(Sq.Ft.) N A #of Floors: Total Sq.Ft, Height: Use: Type of Construction 12. Proposed Building: Ground Floor(Sq.Ft.) 1939 #t of Floors: 2 Total Sq.Ft. 2996 Height: 2 0 F t . Use: Single Family Residence Type of Construction o o d I'r a m e 13• Has there been a previous application for a Special Permit from the Planning Board on these premises?_N n • If so, when and for what type of construction? 14. Section of Zoning Bylaw that Special Permit Is Requested 4 . 136 of the Water Shed Protection District Being 15• Petitioner and Landowner signature(s): Every application for a Special Permit shall be made on this form which is the official form of the Planning Board. 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 Planning Office 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 Planning Board Rules and Regulations may result in a dismissal by the Planning B oard Of this application as incomplete. Petitioner's Signature: Print or type name here: William Barrett Homes Owner's Signature: Print or type name here: a Ai John R . Jr . , & Elizabeth Leeman 16. Please list title of plans and documents you will be attaching to this application. 1 . ) Plan of land of 383 Johnson Street at Lisa Lane in North Andover, Mass showing proposed lots , owner John R . Leeman Jr . , & Elizabeth Leeman dated July 10 , 2002' revised July 26 , 2002 by Merrimack Engineering Services , Inc . 2 . ) Site Development Plan of land 1-4 Johnson Street in North ,Andover, Mass . , for William Barrett Homes , Inc . , dated August 30, 2002 , Scale 1" = 40 ' by Merrimack Engineering Services , Inc . 3 . ) Letter from Ipilons Associates Inc . , dated 10-1-02 4 . ) Order if conditions issued by the Conservation Commission dated 8-20-02 DEP File #242-1159 . Town'of North Andover Planning Board (W:,;`1 Application for Watershed Special Permit '!+'(4 If e1i,'i?t;VF,1; f \ 1 LV Please type or print clearly. J 1. Petitioner: William Barrett Homes Inc Petitioner's Address: 1049 Turnpike Street Telephone dumber: 078) 682-2320 2. Owners of the Land: John R. Jr . I & Elizabeth Leeman Address: 45 Pine Ridge Road Number of years of ownership: 3. Year lot was created: 2 0 0 2 4. Is the Iot currently on septic or sewer? Sewer Available If on sewer,please provide date the sewer connection was completed: Current Connection 5. Description of Proposed Project: Construction of a Sing 1 e Family Residence and Associated utility and site war . 6. Description of premises; a e d o n the Westerly side of Johnson Street approximately 320 Ft . Northerly of Lisa Lane , 7. Address of Property Being Affected No current address Zoning District: R-3 Assessors: Map: 9 8-A Lot# Registry of Deeds: Book#: Page#: 8. Existing Lot: Lot Area(Sq.Ft) _11,_b 7 2^Sf . BuildingReight NA Street Frontage: _7 04 . 1 R Ft. . Side Setbacks: Front Setback: 1165 Pit , Rear Setback: NA Floor Area Ratio: N A Lot Coverage:__ NA 9. Proposed Lot(if applicable): Lot Area(Sy.Ft) NA Building Height 20 Ft . Street Frontage: —A Side Setbacks: 2 0 Ft . Front Setback: 165 Ft . Rear,Setback: 30 Ft . Floor Area Ratio: NA Lot Coverage: NA 10. Required Lot(as required by Zoning Bylaw): Lot Area(Sq.Ft) Building Height Street.Frontage: Side Setbacks:__ 2o , Front Setback: 30 , Rear Setback: Floor Area Ratio; _NA Lot Coverage: N , 11. Existing Building(if applicable): Ground FIoor(Sq, Ft.) NA #of Floors: Total Sq.Ft. Height: Use: Type of Construction 12, Proposed Building: Ground Floor(Sq.Ft.) 1939 #I<of Floors: 2 Total Sq.Ft. 2596 Height 2 0 F t . Use: S ' n 1e Famil Residence Type of Construction__W o o d F r a me 13. Has there been a previous application for a Special Permit from the Planning Board on these premises?_ 11 n„. If so, when and for what type of construction? 14. Section of Zoning Bylaw that Special Permit is Requested . 136 of the Watex Shed Protection Distrit Being 15. Petitioner and Landowner signature(s)- Every application for a Special Permit shall be made on this form which is the official form of the Planning Board. 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 Planning Office does notcation requirements,as cited herein absolve the applicant from this responsibility. The petitioner shall be responsible for all expenses for filing and legal notification. Failure to comply with application and in the Planning Board Rules and Regulations may result in a dismissal by the Planning B oa,rd of this application as incomplete. Petitioner's Signature: Print or type name here: William Barrett Homes Owner's Signature. `\ Print or type name here: Jah A.I John R . Jr . , & Elizabeth Leeman 16. Please list title of plans and documents you will be attaching to this application. 1 . ) Plan of land of 383 Johnson. Street at Lisa Lane in North Andover, Mass showing proposed lots , owner John R . Leeman Jr . , & Elizabeth Leeman dated July 10, 2002' revised July 26 , 2002 by Merrimack Engineering Services , Inc . 2 . ) Site Development Plan of land 1-4 Johnson Street in North Andover, Mass . , for William Barrett Homes , Inc . , dated August 30 , 2002 , Scale 1" = 40 ' by Merrimack Engineering Services , Inc . 3 , ) Letter from Ipilons Associates Inc . , dated 10-1-02 4 . ) Order if conditions issued by the Conservation Commission dated 8-20-02 DEP File #242-1159 , r k r ' t Town of North Andover Planning BoaPd" ` -1 Application for Watershed Special Permit ll PIease type or print clearly. ' IM LI A R l, 51 1. Petitioner: William .-.Barrett Homes I n e 1 Petitioner's Address: 1049 Turnpike Street Telephone number: ( 9 7 8) 6 8 2-2 3 2 0 2. Owners of the Land: John R . Jr . & Elizabeth Leeman Address: 45 Pine Ridge Road Number of years of ownership: 2 3. Year lot was created: 2002 4. Is the lot currently on septic or sewer? Sewer Available If on sewer,please provide date the sewer connection was completed: N o Qurr e n t Connection S. Description of Proposed Project: Construction of a Single Family Residence and Associated utility and site work . 6. p '_A LUt locat, e Westerly Descri lion of Premises. 7 6 0 7 2. S f Q d o n t h side of Johnson Street approximately 320 Ft . Northerly of Lisa Lane . 7. Address of Property Being Affected No current address Zoning District: R-3 Assessors: Map: 9 8-A Lot# Registry of Deeds: Book#: Page#:-1 g 8. Existing Lot: Lot Area (Sq.Ft) 7 6 , 072 S f . BuildingHeight NA Street,Frontage: Side Setbacks:_ NA Front Setback: 165 Ft . Rear Setback: NA ,Floor Area Ratio: NA Lot Coverage: NA 9. Proposed Lot(if applicable): Lot Area (Sq.Ft) NA Building Height 20 Ft . Street Frontage: NA _ Side Setbacks: 20 Ft . Front Setback: 165 Ft . Rear Setback: 30 Ft . Floor Area Ratio: NA Lot Coverage; NA k 1 t i 10. Required Lot(as required by Zoning'Bylaw): Lot Area(Sq,Ft) Building Height Street Frontage; Side Setbacks:. 20 , Front Setback: 3 0 ' Rear'Setback: + Floor Area Ratio: N A Lot Coverage:_ NAs, 11. Existing Building(if applicable): Ground Floor(Sq.Ft.) N A #of FIoors: Total Sq.Ft. Height: Use: Type of Construction 12. Proposed Building: Ground Floor(Sq.Ft.) 1939 #.of Floors: 2 Total Sq.Ft. 2 5 9 6 Height; 2 0 F t . Use: Single Family Residence Type of Construction Wood Frame 13. Has there been a previous application for a Special Permit from the Planning Board on these premiscs?—N 0 . If so,when and for what type of construction? 14. Section of Zoning Bylaw that Special Permit Is Being Requested 4 . 136 of the .Water Shed Protection Distritrt 15. Petitioner and Landowner signature(s): Every application for a Special Permit shall be made on this form which is the official form of the Planning Board. 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 Planning Office 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 Planning Board Rules and Regulations may result in a dismissal by the Planning B oard of this application as incomplete. Petitioner's Signature: Print or type name here: William Barrett Homes Owner's Signature: Print or type name here:--- 4;,\(1 ,. 1.2Q.W�CIy`J John R . Jr . , & Elizabeth Leeman 16. Please list title of plans and documents you will be attaching to this application. 1 . ) Plan of land of 383 Johnson Street at Lisa Lane in North Andover , Mass showing proposed lots , owner John. R . Leeman Jr . , & Elizabeth Leeman dated July 10 , 2002' revised July 26 , 2002 by Merrimack Engineering Services , Inc . 2 . ) Site Development Plan of land 1-4 Johnson Street in North Andover, Mass . , for William Barrett Homes , Inc . , dated August 30, 2002 , Scale 1" = 40 ' by Merrimack Engineering Services , Inc . 3 . ) Letter from Ipilons Associates Inc . , dated 10-1-02 4 . ) Order if conditions issued by the Conservation Commission dated 8-20-02 DEP File #242-1159 . i I EPSILONASSOCIATES INC. Engineers M Environmental Consultants October 1, 2002 Ms. Kathleen McKenna, Town Planner North Andover Planning Department PP,INCIPAL5 27 Charles Street North Andover, MA 01845 Theodore A.earten,R F. MargaretB.8aggs Subject: #383 Johnson Street—Watershed Special Permit. Michael E,Guski,CCM Dear Kathleen; Samuel G.Mygatt,LLB. in accordance with the Planning Board's watershed special permit requirements (see DaIeT.Raczynslu;PE, requirement #1) and on behalf of William Barrett Homes, Epsilon Associates is pleased Cindy Schlessinger to provide the following "statement of environmental impact" as it pertains to the proposed Johnson Street development: Lester B.Smith,Jr. it is the professional opinion of Epsilon Associates, Inc., that there will be no trctoriaN.Fletcher,RLa significant degradation of the quality or quantity of water in or entering Lake Cochichewick as a result of this development. In reaching this conclusion, it is understood that where applicable, the proposed site development complies with the performance standards set forth in the Massachusetts Stormwater Management Policy, the Massachusetts Wedand Protection Act, Section 401 and 404 of the U.S. Clean Water Act, EPA - NPDES regulations, and the Watershed/Wedand Protection ByLaw(s). Meeting the performance standards thus affords the applicant a presumption that down gradient wetland resource areas and water bodies will not be negatively impacted by proposed work. The performance standards address both water quality(pollutants)and water quantity (flood control) problems by establishing the level of required controls through the use of Best Management Practices (BMPs). BMPs proposed by the applicant (e.g., vegetated swales and dry wells) and an undisturbed buffer zone from the edge of wetlands of at least 75-feet, will reduce and/or prevent pollutants from reaching water bodies and/or control the quantity of runoff from the project site. Sincerely EPS ON AS OC A ES, INC. i Michael . H ward Senior Scientist ISO Main Street• PO Box 700 • Maynard, Massachusetts 01754.0700 978.897.7100 Fax 978.897.0099 www.epsilon associa tes.com i i9 Town of North Andover, Parties of Interest (Abutters Listing REQUIREMENT: 'tin accordance with the North Andover Wetland Protection Bylaw, e.178 of the Code of North Andover, an applicant shall submit with a filing to the Conservation Commission, a list of abutters within 300 feet of the property line where work is proposed, certified by the Assessor within the prior 30 days from the date of filing". Applicant's property, list by map, parcel, name and address (please print clearly and use black ink.) MAP PARCEL NAME ADDRESS Map 98A/1 John R&Elizabeth Leehman 45 Pine Ridge Road North Andover,MA 01845 Book: 5786 Page: 79 ABUTTERS PROPERTIES MAP PARCEL NAME ADDRESS Map 98A/37 Stephen and Carta Dawe 44 Lisa Lane North Andover,MA 01845 Map 98A/36 John and Janet Gaffay 32 Lisa lane North Andover,MA 01845 Map 98A/2A James Determan&Natalie C.Howard 417 Johnson Street North Andover,MA 01845 Map 98A/2 Mezzina Nominee Trust of 2000 405 Johnson Street North Andover,MA 01845 Map 98A/29 Huoo Long and Kay Bann 20 Lisa Lane North Andover,MA 01845 Map 98A/28 John and Barbara ltarragher 393 Johnson Street North Andover,MA 01845 _Map 98A/50 David and Janet Duncan 43 Lisa Lane North Andover,MA 01845 _Map 98A/43 Richard and Marcy Rosenthal 27 Lisa Lane North Andover,MA 01845 _Map 98A/44 David Dishaw,Jr and Mary V Marren 5 Kieran Road North Andover,MA 01845 Map 98A/45 William and Kathleen O'Connell 17 Kieran Road North Andover,MA 01845 Map 98A/46 William and Dorethy Levy 27 Kieran Road North Andover,MA 01845 Map 98A/47 James and Elaine Keshian 37 Kieran Road North Andover,MA 01845 Map 98A/103 Paul and Kathleen Doucette 48 Kieran Road North Andover,MA 01845 Map 97172 Kevin and Allison Sparks 325 Johnson Street North Andover,MA 01845 Map38/15 David R Mrhalchik 364 Johnson Street North Andover,MA 01845 Map 38/63 Donald H Miller 390 Johnson Street North Andover,MA 01845 Map 38/90 John and Ann Damon 402 Johnson Street North Andover,MA 01845 Map 38/88 Charles and Angela Perocchi 428 Johnson Street North Andover,MA 01845 Map 38/16 Kevin and Kim Barry 429 Maribridge Road North Andover,MA 01845 Map 38/160 ^ Vincent and Nancy Gatto 417 Abbott Street North Andover,MA 01845 Map M/161 Hermans Real Estate Trust 429 Abbott Street North Andover,MA 01845 Map 37D/24 Rid wood Cemetery Association PO Box 22 North Andover,MA 01845 Map 37D/25 Eugene and Judith Reilly 316 Johnson Street North Andover,MA 01846 Map 37D/26 Damon Realty Trust c/o David Minicucei 340 Johnson Street North Andover,MA 01847 Map 97127 Mr and Mrs Charles Salisbury 301 Johnson street North Andover,MA 01848 THIS INFORMATION WAS OBTAINED AT THE ASSESSORS OFFICE AND CERTIFIED BY THE ASS ORS O CE BY: J ATE SIG A RE P GE_ OF Abbutters ' tl.xlsl Califiedb �7 L 1 0/0412 0 02 B rd of Assess r NoOh Andover F S Massachusetts Department of Environmental Protection DEP pile Number: Bureau of Resource Protection - Wetlands 242-1159 WPA Form 5 Order of Conditions Provided by DEP Massachusetts Wetlands Protection Act M.G.Q. c, 131, §40 A. General Information Important: From: When filling out forms on North Andover the computer, Conservation Commisslon use only the tab key to This issuance if for(check one): move your cursor-do ® Order of Conditions not use the return key. ❑ Amended Order of Conditions To: Applicant: Property Owner(if different from applicant): William Barrett Homes Mr. John R. Leeman, Jr. Name Name 1049 Turnpike Street 45 Pine Ridge Road _ Mailing Address Mailing Address North Andover MA 01845 North Andover MA 01845 City/Town State Zip Code City/Town State zip Code 1. Project Location: 383 Johnson Street North Andover Street Address Cltyrrown .Map 98A Parcel Assessors Map/Plat Number ParceNLol Number 2. Property recorded at the Registry of Deeds for: Essex 5786 79 County Book Page Certificate(if registered land) 3. Dates: 8-2-02 8-14-02 8-20-02 Date Notice of Intent Filed Date Public Hearing Closed Date of Issuance 4. Final Approved Plans and Other Documents (attach additional plan references as needed): See Attached Special Conditions Title Date 5. Final Plans and Documents Signed and Stamped by: Name 6. Total Fee: $550 (+ $50 bylaw fee) (from Appendix B:Wetland Fee Transmittal Form) WPA Form 5 Page 1 of 1 Rev.02100 E I Massachusetts Department of Environmental Protection DEP File Number: m V Bureau of Resource Protection - Wetlands Vla `� 242-1159 WPA Form 5 - Order of Conditions Provided byDEP Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 B. Findings Findings pursuant to the Massachusetts Wetlands Protection Act: Fallowing 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: ® Public Water Supply ❑ Land Containing Shellfish ® Prevention of Pollution ® Private Water Supply ® Fisheries ® Protection of Wildlife Habitat ® Groundwater Supply ® Storm Damage Prevention ® Flood Control Furthermore,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, to protect those interests checked above. 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 to protect those interests checked above. 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. ❑ 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). General Conditions (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. WPA Form 5 Page 2 of 2 flev.02/00 Massachusetts Department of Environmental Protection DER File Number: Bureau of Resource Protection - Wetlands 242-1159 WPA Form 5 - Order of Conditions Provided byDEP J •:'cNn' Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 B. Findings (cont.) 4. The work authorized hereunder shall be completed within three years from the date of this Order unless either of the following apply: a. the work is a maintenance dredging project as provided for in the Act; or b. the time for completion has been extended to a specified date more than three years, but less than five years, from the date of issuance. If this Order is intended to be valid for more than three years, the extension date and the special circumstances warranting the extended time period are set forth as a special condition in this Order. 5. This Order may be extended by the issuing authority for one or more periods of up to three years each upon application to the issuing authority at least 30 days prior to the expiration date of the Order. 6, Any fill used in connection with this project shall be clean fill. Any fill shall contain no trash, refuse, rubbish, or debris, including but not limited to lumber, bricks, plaster, wire, lath, paper, cardboard, pipe, tires, ashes, refrigerators, motor vehicles, or parts of any of the foregoing, 7. This Order is not final until all administrative appeal periods from this Order have elapsed, or if such an appeal has been taken, until all proceedings before the Department have been completed. 8. No work shall be undertaken until the Order has become final and then has been recorded in the Registry of Deeds or the Land Court for the district In which the land is located, within the chain of title of the affected property. In the case of recorded land, the Final Order shall also be noted in the Registry's Grantor Index under the name of the owner of the land upon which the proposed work is to be done. In the case of the registered land, the Final Order shall also be noted on the Land Court Certificate of Title of the owner of the land upon which the proposed work is done. The recording information shall be submitted to this Conservation Commission on the form at the end of this Order, which form must be stamped by the Registry of Deeds, prior to the commencement of work. 9. A sign shall be displayed at the site not less then two square feet or more than three square feet in size bearing the words, "Massachusetts Department of Environmental Protection" [or, "MA DEP] "File Number L-I� " 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 tight 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. WPA Form 5 Page 3 of 3 Rev.02l00 Massachusetts Department of Environmental Protection DEP File Number: Bureau of Resource Protection Wetlands 242-1159 y WPA Form 5 - order of Conditions Provided byDEP Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 0 B. Findings (cont.) 15. This Order of Conditions shall apply to any successor in interest or successor in control of the properly 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. Special Conditions (use additional paper, if necessary): Please refer to the attached Special Conditions. Findings as to municipal bylaw or ordinance Furthermore, the North Andover hereby finds (check one that applies): Conservation Commission ❑ that the proposed work cannot be conditioned to meet the standards set forth in a municipal ordinance or bylaw specifically: Name Municipal Ordinance or Bylaw 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. ® that the following additional conditions are necessary to comply with a municipal ordinance or bylaw, specifically: North Andover c.178 of the Code of North Andover Name Municipal Ordinance or Bylaw The Commission orders that all work shall be performed in accordance with the said additional 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. WPA Form 5 Page 4 of 4 Aev.02/00 242.1159 Therefore, the North Andover Conservation Commission (hereafter the "NACC") hereby finds that the following conditions are necessary, in accordance with the Performance Standards set forth in the State Regulations, the local Bylaw and Regulations, to protect those interests noted above. The NACC orders that all work shall be performed in accordance with said conditions and with the Notice of Intent referenced below. To the extent that the following conditions modify or differ from the plans, specifications or other proposals submitted with the Notice of Intent, the conditions shall control. GENERAL CONDITIONS 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. 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. 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, by-laws or regulations. 4. The work authorized hereunder shall be completed within three years from the date of this order. 5. 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 VIII(p.15) of the North Andover Wetland Regulations). Order of Conditions242-1159 l NACC 8/20/02 242-1.1.59 b, 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. 7. 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. 8. 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. 9. 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. 1o. The proposed work includes: driveway construction,utility installation and buffer zone restoration measures within the Buffer Zone of a Bordering Vegetated Wetland (310 CMR 10.55) in the Lake Cochichewick Watershed. 11. 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: Epsilon Associates,Inc. DATED August 2,2002 Plans prepared by: Merrimack Engineering Services Entitled "Site Development Plan of Land" Date:July 30,2002 Huntress Associates, Inc. Entitled "Buffer Zone Restoration Plan" Date:August 5,2002 12. The following wetland resource areas are affected by the proposed work: Buffer Zone to Bordering Vegetated Wetland (BVW) within the Lake Cochichewick Watershed. These resource areas are significant to the interests of the Act and Town ByLaw as noted above. These resource areas are also significant to the recreational and wildlife interests of the ByLaw. Order of Conditions242-1159 2 NACC 8/20/02 242-1159 e The applicant has not attempted to overcome the presumption of significance of these resource areas to the identified interests. 13, The NACC agrees with the applicant-s delineation of the wetland resource areas on the site as shown on the plans dated referenced herein. Prior to the issuance of a Certificate of Compliance, the applicant will submit a plan showing the site's wetland delineation at a scale identical to the Town wetland map for this location. 14. The NACC finds that the intensive use of the upland areas and buffer zone proposed on this site will cause further alteration of the wetland resource areas. In order to prevent any alteration of wetland resource areas a twenty five foot (25') No-Disturbance Zone and a fifty foot (50') No-Construction Zone shall be established from the edge of the adjacent wetland resource area. The Conservation Administrator and/or other agents of 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 Appendix 5 o�f the local Regulations). 15. 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. 16. This document shall be included in all construction contracts,subcontracts, and specifications dealing with the work proposed and shall supersede any conflicting contract requirements. The applicant shall assure that all contractors,subcontractors, and other personnel performing the permitting work are fully aware of the permits terms and conditions. Thereafter, the contractor will be held jointly liable for any violation of this Order resulting from failure to comply with its conditions. 17. The owners of the project and their successors in title, in the event they proceed to alter areas subject to the Commission's jurisdiction under the order, agree that the Order does not in itself impose upon the Town any responsibility to maintain the proposed drainage system and that said Town shall not be liable for any damage in the event of failure. By acceptance of this Order, the owners agree to indemnify and hold harmless to the Town and its residents for any damage attributable to alterations undertaken on this property pursuant to the Order. 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. Maintenance Order of Conditions242-1159 3 NACC 8/20/02 242-1159 of the drainage system, if accepted by the Town as part of a public way, becomes the responsibility of the Town. 18. Issuance of these Conditions does not in any way imply or certify that the site or downstream areas will not be subject to flooding, storm damage or any other form of water damage. PRIOR TO CONSTRUCTION 19. 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. 20. 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. 21. 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 Department of Environmental Protection, File Number 242-1159." 22. 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 Order of Conditrons242-1159 4 NACC 8120/02 242-1159 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. 23, 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. 24. Wetland flagging shall be checked prior to start of construction and shall be re-established where missing 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. 25. A row of staked hay bales backed by trenched siltation fence shall be placed between all construction areas and wetlands. The erosion control barrier will be properly installed and placed as shown on the plans approved and referenced herein and shall be inspected and approved by the NACC prior to the start of construction and shall remain intact until all disturbed areas have been permanently stabilized to prevent erosion. All erosion prevention and sedimentation protection measures found necessary during construction shall be implemented at the direction of the NACC, The NACC reserves the right to impose additional conditions on portions of this project to mitigate any impacts which could result from site erosion, or any noticeable degradation of surface water quality discharging from the site. For example, installation of erosion control measures may be required in areas not shown on the plan(s) referenced in this Order of Conditions. Should such installation be required by the NACC, they shall be installed within 48 hours of the Commission's request. 26. The applicant shall have on hand at the start of any soil disturbance, removal or stockpiling, a minimum of twenty (20) 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. Order of Conditions242-1159 S NACC 9/20/02 242-1159 27, A check payable to the Town of North Andover shall be provided in the amount of$3,000 which shall be in all respects satisfactory to Town Counsel, Town Treasurer, and the NACC, and shall be posted with the North Andover Town Treasurer through the NACC before commencement of work. Said deposit of money shall be conditioned on the completion of all conditions hereof, shall be signed by a party or parties satisfactory to the NACC, and Town Counsel, and shall be released after completion of the project,provided that provisions, satisfactory to the NACC, have been made for performance of any conditions which are of continuing nature. The applicant may propose a monetary release schedule keyed to completion of specific portions of the project for the NACC's review and approval. This condition is issued under the authority of the local ByL,aw. 28. The applicant shall designate a 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. 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. At least once during each week in which construction activities occurs on-site in the buffer zone and for as long thereafter as ground remains unstabilized in the buffer zone, the applicant shall submit a written report from the "Erosion Control Monitor" to the NACC certifying that, to the best of his/her knowledge and belief based on a careful site inspection, all work is being performed in compliance with this Order of Conditions and that approved setbacks are being adhered to. The erosion control monitor must visually inspect all sedimentation/erosion control measures and assume responsibility for their maintenance on a weekly basis and that they are functioning as intended. In addition, all wetland resource areas must be visually inspected for siltation, turbidity, and/or other water quality impacts. 29. The applicant shall be responsible for placing signs on each parcel designating the applicable lot number as depicted on the plans approved and referenced herein. 30. Prior to construction, the applicant shall permanently mark the edge of the Planning Board's 75' No-Disturbance Zone with signs or markers spaced evenly every 50' incorporating the following text: "Protected Wetland Order of Conditions242-t 159 6 NACC 8/20102 242-1159 Resource Area" (available for sale at the Conservation Department). 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 prior to their installation. The applicant shall instruct all agents to explain these markers to buyers/lessees/landscapers and all persons taking over the property from the applicant. 31. The applicant and/or the legal owner of that portion of land upon which these Orders of Conditions have been placed shall provide to the NACC prior to transferring, or assigning any portion of said land to another party, subject to said Orders of Conditions, the "Affidavit" attached via "Appendix A" signed under the pains and penalties of perjury, stating that said applicant and/or owner has read these Orders of Conditions and is in compliance with each and every condition. This document shall apply to be provided to the Conservation Department at least five (5) business days prior to the closing of said land transaction. 32. 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 of the pre-construction meeting (e.g. 72 hours). DURING CONSTRUCTION 33. Upon beginning work, the applicant shall submit written progress reports every (1) month detailing what work has been done in or near resource areas, and what work is anticipated to be done over the next period. This will update the construction sequence. Order of Condicions242-1159 7 NACC 8/20/42 242-1159 34. The sewer line on the site shall be tested for water tightness in accordance with North Andover DPW standards. 35. 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. 35. No exposed area shall remain unfinished for more than thirty (30) days, unless approved by the NACC. 37. No regrading 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. 38. There shall be no stockpiling of soil or other materials within twenty-five (25) feet of any resource area. 39. Washings from concrete trucks, or surplus concrete, shall not be directed to, any drainage system, or wetland resource area. 40. 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 100" of areas subject to protection under the Act or local ByLaw. 41. Accepted engineering and construction standards and procedures shall be followed in the completion of the project. 42. 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 Order of Conditions242-1159 8 NACC 8/20/02 242-1159 43. 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. 44. 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 is issued under the authority of the Town's Wetland Protection ByLaw and shall remain in perpetuity. 45. 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. 46. 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. A letter from the applicant requesting a Certificate of Compliance. b. The name and address of the current landowner. c. 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 Order of Conditions prior to purchasing their property. d. The name and address of the individual/trust or corporation to whom the compliance is to be granted. e. The street address and assessor's map/parcel number for the project. f. The DEP file number. g. A written statement from a Registered Professional Civil Engineer 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. h. A written statement from a qualified wetland scientist stating all restoration activities have been completed in accordance to the approved plans. i. An "As-Built" plan prepared and signed and stamped by a Registered Professional Civil Engineer and a Registered Professional Land Surveyor of the Commonwealth, for the public record. This plan will include: Order o€Conditions242-1159 9 NACC 8/20102 242-1159 r I ➢ "As-Built" post-development elevations of all drainage & stormwater management structures constructed within 100 feet of any wetland resource area. ➢ "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 wetland under the local wetland 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, and approved decks. ➢ A line showing the limit of work and the extent of existing erosion control devices. "Work" includes aU disturbance of soils or vegetation. ➢ Location of all subsurface utilities entering the property. 50. 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 DEP# 242-1159. Future work within 100' of existing wetland resource areas will require a separate filing with the NACC (refer to Section XI (page 18) of the Regulations for performance standards within these zones). The Conservation Administrator and/or other agents of the NACC do not have the authority to waive these setbacks as established under the local ByLaw; ➢ Discharge or spillage of pollutants; (Condition 42) ➢ Prohibition of underground fuels; (Condition 43) ➢ Limitations on the use of fertilizers,herbicides, road salts, de-icing compounds and pesticides; (Condition 44) Order of Condit ions242-[159 to NACC 8120102 Massachusetts Department of Environmental Protection DEP File Number: Bureau of Resource Protection - Wetlands 242-1159 s WPA Form 5 _ order of Conditions Provided by DEP ;' <' `'$ •a Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 �F N B. Findings (cont.) Additional conditions relating to municipal ordinance or bylaw: See Attached. This Order is valid for three years, unless otherwise specified as a special condition pursuant to General Conditions #4, from the date of issuance. This Order of Conditions is valid until Au ust.2-0, 2005 Date This Order must be signed by a majority of the Conservation Commission. The Order must be mailed by certified mail (return receipt requested) r�hand delivered to the applicant. A copy also must be mailed or hand delivered at the same time to appropriate Department of Environmental Protection Regional Office (see Appendix A) and the opert weer(if different from applicant). Signatures; .j L On / Of August 2002 Day Month and Year before me personally appeared �Z�La4-'d-� to me known to be the person described in and who executed the foregoing instrument and acknowl ged that he/she exemited the same as his/her free act and deed. Wottary Public My Comm€ssion Expires This Order is issued to the applicant as follows: ❑ by hand delivery on ® by certified mail, return receipt requested,on 8-2G102 Date Date WPA Form 5 Page 5 of 5 Rev.OVOO Massachusetts Department of Environmental Protection DEP File Number: n Bureau of Resource Protection - Wetlands 242-1159 y WPA Form 5 - order of Conditions Provided by7EP ,= Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 C. Appeals The applicant, the owner, any person aggrieved by this Order, any owner of land abutting the land subject to this Order, or any ten residents of the city or town in which such land is located, are hereby notified of their right to request the appropriate DEP Regional Office to issue a Superseding Order of Conditions. The request must be made by certified mail or hand delivery to the Department, with the appropriate filing fee and a completed Appendix E; 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. 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. D. 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 Form 5 shall be submitted to the Conservation Commission listed below. North Andover conservation Commisslon W€'A Form 5 Page B of 6 Rev.02100 Massachusetts Department of Environmental Protection DEP He Number: Bureau of Resource Protection - Wetlands 242-1159 k .,.., Provided by DEP M WPA Form 5 order of Conditions Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 ty A.�a D. Recording Information (cont.) 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: 383 Johnson Street DEP #242-1159 Project Location DEP Fife Number Has been recorded at the Registry of Deeds of: Essex 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 WPA Farm 5 Page 7 of 7 nev.02100 Massachusetts Department of Environmental Protection ! Bureau of Resource Protection - Wetlands WPA Appendix E — Request for Departmental Action Fee Transmittal Form Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 B. Instructions (cont.) 2. On a separate sheet attached to this form, state clearly and concisely the objections to the Determination or Order which is being appealed. To the extent that the Determination or Order is based on a municipal bylaw, and not on the Massachusetts Wetlands Protection Act or regulations, the Department has no appellate jurisdiction. 3. Send a copy of this form and a copy of the check or money order with the Request for a Superseding Determination or Order by certified mail or hand delivery to the appropriate DEP Regional Office (see Appendix A). 4. A copy of the request shall at the same time be sent by certified mail or hand delivery to the Conservation Commission and to the applicant, if he/she is not the appellant. wpaform5.doc•Appendix E•rev.BY20102 Page 2 cf 2 k 4 242-1159 Appendix "A" AFFIDAVIT I, on oath do (authorized agent applicant and/or current owner) hereby depose and state: (PLEASE CHECK AT LEAST ONE BLOCK) 1, 1 am the of (position with applicant) (applicant name or company name) the applicant upon whom Order of Conditions have been placed upon by (DEP or NACC number) the North Andover Conservation Commission. 2. 1 am the of (position with owner) (owner name) the owner upon whose land Order of Conditions have been placed up by (DRP or NA CC number) the North Andover Conservation Commission. 3, 1 hereby affirm and acknowledge that I have received said Order of Conditions and have read the same and understand each (DEP File#) and every condition which has been set forth in said Order of Conditions. 4. 1 hereby affirm and acknowledge that on this day of 199� 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 Order of Conditions are presently in compliance. (DEP File#) 5. 1 hereby affirm and acknowledge that this document will be relied upon by the North Andover Conservation Commission as well as any potential buyers of said property which is subject to said Order of Conditions (DEP File#) Sighed under the pains and penalties of perjury this day of 19—. Order of Conditions242-1159 11 [NACC 8/20/02 1 r Massachusetts Department of Environmental Protection Bureau of Resource Protection - Wetlands WPA Appendix E -- Request for Departmental Action Fee Transmittal Form Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 A. Request Information Important: 1. Person or party making request Cif appropriate, name the citizen rou 's representative): When filling out forms on the computer, Name use only the tab key to Mailing Address move your cursor- do Cilyfrown State Zip Code not use the return key, phone Number Fax Number(if applicable) t� Project Location Mailing Address reeen City/Town State Zip Code 2. Applicant (as shown on Notice of Intent (Form 3), Abbreviated Notice of Resource Area Delineation (Form 4A); or Request for Determination of Applicability(Form 1)): Name Mailing Address City/Town State Zip Code Phone Number Fax Number(if applicable) 3. DFP File Number: B. Instructions 1. When the Departmental action request is for (check one): ❑ Superseding Order of Conditions ❑ Superseding Determination of Applicability ❑ Superseding Order of Resource Area Delineation Send this form and check or money order for$50.00, payable to the Commonwealth of Massachusetts to: Department of Environmental Protection Box 4062 Boston, MA 02211 wpaform5.doc•Append€x E•rev.8/20/02 Page 1 of 2 383 JOHNSON STREET WATERSHED SPECIAL PERMIT PLAN UNDER CONSIDERATION: Dated August 30, 2002 ACTION: Watershed Special Permit RECOMMENDATION: Deferral, More information needed. RELEVANT CORRESPONDENCE: *VHB's review comments dated November 5, 2002 DESCRIPTION: 383 Johnson Street has been divided into 4, Form A lots, *Lot I: located on the corner of Johnson and Lisa Lane. There is an existing dwelling. The proposal is to add a driveway and 576 square foot garage within the Non-Discharge Zone. Proposal contains uses permitted by Special Permit in the district. There is a certification that proposal will not result in significant degradation of Lake Cochichewick. VHB has no comments Needed: Square footage of increase in impervious area. Statement of direction of runoff and how it will be treated. *Lot 2: Located on Lisa Lane. Proposed 3,415 square foot single-family residence and paved driveway within the Non-Discharge zone. Proposal contains uses permitted by Special Permit in the district. There is a certification that proposal will not result in significant degradation of Lake Cochichewick. VHB has no comments Needed: Square footage of increase in impervious area. Statement of direction of runoff and how it will be treated. Applicant has proposed infiltration for roof runoff. Statement of size and cubic feet that will be treated by the leach pit. *Lot 3: Has access off of Johnson Street. Application is incorrect. The proposal is to build a new, 3,738 square foot, single-family dwelling, construct a driveway, and regrade within the Non-Discharge Zone. The majority of the driveway is in the Non- Disturbance Zone. Proposal contains uses permitted by Special Permit in the respective districts. There is a certification that proposal will not result in significant degradation of Lake Cochichewick. Needed: Square footage of increase in impervious area. Statement of direction of runoff and how it will be treated. Applicant has proposed infiltration for roof runoff. Statement of size and cubic feet that will be treated by the leach pit. Applicant should respond to VHB's comment relating to reasonable alternative locations for the driveway outside of the Non-Disturbance Zone. *Lot 4: Has access off of Johnson Street. The proposal is to build a new, 2, 596 square foot, single-family dwelling, construct a driveway, and regrade within the Non- Discharge Zone. The majority of the driveway is in the Non-Disturbance Zone. Proposal contains uses permitted by Special Permit in the respective districts. There is a Paget of 2 certification that proposal will not result in significant degradation of Lake Cochichewick. Order of Conditions issued by the Conservation Commission. Needed: Square footage of increase in impervious area. Statement of direction of runoff and how it will be treated. Applicant has proposed infiltration for roof runoff. Statement of size and cubic feet that will be treated by the leach pit. Applicant should respond to VHB's comments relating to reasonable alternative locations for the driveway outside of the Non-Disturbance Zone and relating to the settling basin. GENERAL COMMENTS: *Applicant should indicate that all residences will tie into Town Sewer. TIME LINE: Public Hearing: November 12, 2002 Final Action: February 11, 2002 Page 2 of 2 f , TOWN OF NORTH ANDOVER PLANNING BOARD ENGINEERING REVIEW OF WATERSHED SPECIAL PERMIT FOR CONFORMANCE WITH THE TOWN OF NORTH ANDOVER ZONING BYLAW AND.STANAA.RD ENGINEERING PRACTICE Site Plan Title: 383 Johnson Street VHB No.: 06716.64 Location: Town of North Andover Owner: John RI Jr, and Elizabeth Leornan Applicant: William Barrett Homes Inc. Applicant's Engineer: Merrimack Engineering Services Plan Date: 07-26-02 Review Date: 11-05-02 The Applicant's engineer submitted plans and documents for review on October 16, 2002. The submission was reviewed for conformance to appropriate sections of the 1972 Town of North Andover Zoning Bylaw amended May 2001 and standard engineering practice, The following comments note non-conformance with specific sections and questions/comments on the proposed design, I. WATERSHED SPECIAL PERMIT The parcels of land fall within the watershed protection district of bake Cochichewick and more specifically within either the Non-Disturbance Zone or the Non-Discharge Zone of the surrounding wetlands within this district. The description of the proposed project on the Application for Watershed Special hermit for Lot 3 appears to be incorrect. The Application states that there is an existing home oa Lot 3. The plans do not show a structure on this Lot. Please clarify, The Site Plan shows a proposed settling basin near the center of Lot 4. No construction details or other information has been provided for this structure. It is unclear what runoff will be treated by the settling basin and where the discharge point is located, VHB recommends that the Applicant provide further information and detail regarding rho proposed structure. Section 4.136.4.e.iv. This section requires that the Applicant demonstrate that there is no reasonable alternative location for the improvements outside of the Non-Disturbance and/br the Non-Discharge Buffer Zones. VHB recommends that the Applicant provide a statement as to why there are no other reasonable alternatives to the proposed work. In particular the Applicant should investigate the possibility of moving the driveway on Lot 3 outside of the Non-Disc rbance Zone. The proposed home could be shifted to locate the garage on the opposite side of the house and thereby remove the proposed driveway from the Non- Disturbance Zone. 1 \\Maw,tr\to\067166I\dam\repricekyoh bnSt-teVU1vII-OC-M400 r ' Section 4.135.41c.vi. This section requires that evidence be provided that all operations, including but not limited to fertilizer applications,will not create concentrations of nitrogen in the groundwater greater than the]Federal limit. The Applicant has included a note on the plans that a zero phosphate fertilizer will be used for lawn care, VHB recommends that the Applicant provide a more detailed statement regarding the use of fertilizers on the site. VHB would also like to note that the use of any lawn care or garden product(fertilizer,pesticide, herbicide)that may contribute to the degradation of the public water supply as well as the use of lawn care or garden products that are not organic within the Non-Disturbance Buffer Zone,is strictly prohibited. It is recommended that the applicant provide'WRITTEN RESPONSES to the issues and comments contained herein. Reviewed by:. bate: Andrew W. Ogilvie,P.E. Senior Project Engineer--Highway and Municipal Engineering Checked by: Tim McIntosh,F.E. Project Manager--Highway and Municipal Engineering. 2 \�lawattlta\Ob7]66]\dnM\ieparls\)ohneonSp'cvlesril.6t•62.8x - ETown of North Andover Planning{$rrt Application for Watershed S ecia �� �� P INVER Please type or print clearly. 2042 OCT I I P-l l: 58 1. Petitioner: William Barrett Homes Inc. Petitioner's Address: 1049 ..Turnipike Street Telephone number: (9 7 8 ) 6 8 2—2 3 2 0 2. Owners of the Land: John R. Jr. & Elizabeth Leeman Address: 45 Pine Ridge Road Number of years of ownership: 2 3. Year lot was created: 2002 4. Is the lot currently on septic or sewer? Sewer If on sewer,please provide date the sewer conneetioa was completed: 9 14 8 2 5. Description of Proposed Project: To -arage and di riveWdy 383 Johnson Street, t 6. Description of Premises: X ' n dwe 11 i n located on the Westedly side of Johnson Street and abutting the r h 1 Lane 7. Address of Property Being Affected 383 Johnson Street Zoning District- R 3 Assessors r Map:. 9 8 A _ Lot# Registry of Deeds: Book#; 5 7 8 6 Page#• 79. S. FNI.sting Lot: Lot Area(Sq.Ft) 2 7 01 6 SF Buildingneight 2 5FT + - Street Frontage: 175—2 g . Side Setbacks: 21 FT FronFloc Area Ratio: 92 }��' Rear Setback:_ 31„, FT . . NA Lot Coverage: 9. Proposed Lot(if applicable): Lot Area (Sq.Ft) Building Height Street Frontage. Side Setbacks: Front Setback: Rear Setback: Floor Area Ratio: Lot Coverage: 10. Required Lot (as required by Zoning'Bylaw): Lot Area(Sq. Ft) 25 . 000 Building Height ' Street Frontage: 1 2 PT Side Setbacks: 2 0 ' Front Setback: _`1n ' Rear'Setback: 30 ` Floor Area Ratio: NA Lot Coverage: NA 11. Existing Building(if applicable): Ground Floor(Sq.Ft.) 1 8 4 0 SF #of Floors: 2 Total Sq.Ft. 4680 Height: 2 5 FT /- Use: a Type of Construction Wood Frame 12. Proposed Building: Ground Floor(Sq.Ft.) (Garage) #of Floors: 1 Total Sq. Ft. 576SF Height: Use: Garage _ Type of Construction—... nnrl Frame 13. Has there been a previous application for a Special Permit from the Planning Board on these premises? n n If so, when and for what type of construction? 14. Section of Zoning Bylaw that Special Permit is Being Requested 4 . 136 Watershed Special Permit 15, Petitioner and Landowner signature(s): Every application for a Special Permit shall be made on this form which is the official form of the Planning Board. Every application shall be filed with the Town Clerk's office, it shall be the: responsibility of the petitioner to fumish all supporting documentation with this application. The dated copy of this application received by the Town Clerk or Planning office 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 Planning Board Rules and Regulations nay result in a dismissal by the Planning B oard of this application as incomplete. Petitioner's Signature: Print or type name here: William Barnett Homes Owner's Signature:, Print or type-name here: -,a J.sDie,w1 ct 16. Please list title of plans and documents you will be attaching to this application. 1 . } Plan of land of 383 Johnson Street at Lisa Lane in North Andover, Mass showing proposed lots, owner John R. Leeman Jr. & Elizabeth Leeman dated July 10, 2002 revised July 26, 2002 by Merrimack Engineering Services, Inc . 2 . ) Site Development Plan of land lots 1 ---4 Johnson Street in North Andover, Mass., for William Barrett Homes , Inc. dated August 30 , 2002 , Scale 1 " = 40 ' by Merrimack Engineering Services, Inc. 3 . ) Letter from Epilons Associates Inc . , dated 10-1 -02 EPSILOWSOCIATES E tal W Consultants October 1, 2002 Ms. Kathleen McKenna, Town Planner l North Andover Planning Department ;':t;r'1;= ,'. i'= 27 Charles Street 7headare A Borten,P.F. North Andover, MA 01845 MargaretB.Briggs Subject: #383 Johnson Street- Watershed Special Permit. Adwel F. Guski,CCM Dear Kathleen: Samuel G.Mygott,LLB. In accordance with the Planning Board's watershed special permit requirements (see DaleT.Roczynslu; PE In #11) and on behalf of William Barrett Homes, Epsilon Associates is pleased OrrdySchlessinger to provide the following "statement of environmental impact" as it pertains to the proposed Johnson Street development: Lester B.Smith,Ir. It is the professional opinion of Epsilon Associates, Inc., that there will be no I�ctoria N.Fletcher Rt h significant degradation of the quality or quantity of water in or entering take Cochichewick as a result of this development. In reaching this conclusion, it is understood that where applicable, the proposed site development complies with the performance standards set forth in the Massachusetts Rormwater Management Policy, the Massachusetts Wetland Protection Act, Section 401 and 404 of the U.S. Clean Water Act, EPA - NPDES regulations, and the WatershedlWetland Protection Bytaw(s). Meeting the performance standards thus affords the applicant a presumption that down gradient wetland resource areas and water bodies will not be negatively impacted by proposed work. The performance standards address both water quality(pollutants)and water quantity (flood control) problems by establishing the level of required controls through the use of Best Management Practices (BMPs). BMPs proposed by the applicant (e.g., vegetated swales and dry wells) and an undisturbed,buffer zone from the edge of wetlands of at least 75-feet, will reduce and/or prevent pollutants from reaching water bodies andlor control the quantity of runoff from the project site. SinceVHward EPS S, INC. Micha Senior Scientist f `M 150 Main street • PO Box 700 • Maynard, Massachusetts 01754-0700 978.897.7100 Fax 978.897.0099 www.epsilonassociates.com Town of North Andover Planning $`o� c `j�C L �R ( Application for Watershed Special l�d"PtJDOVER Please type or print clearly. 1. Petitioner: W i l l i,a m B a r r f.t t. H o m E:E� , r n c . Petitioner's Address: 1049 'T a lilt i.k o Street Telephone number; ( 9 7 8 ) 6 8 2-2 3 2 0 2. Owners of the Land: John R. Jr . , & Elizabeth Leeman Address: 45 Pine Ridge Road Number of years of ownership: 2 3, Year lot was created: 2002 4. 7s the lot currently on septic or sewer? Sewer Available If on sewer,please provide date the sewer connection was completed:_ c t i o n at Property . 5, Description of Proposed Project: Construction of a Single FamilyR6s.idence and Associated utility and site work . . 6. Deseti Lion of Premises: 7 0 S r t h e r n l- of � �cated on the No y approximately 10 Westerly o£ Johnson Ste de �f .._La._sa Lane and at�proxi 0 ft . W . , .. , .. 7. Address of Property Being Affected No current address Zoning District,_g=9 Assessors: Map: 9 8 A Lot# 2 Registry of Deeds: Book#: page#; 7 9 S. Existing Lot: Lot Area (Sq.Ft) _ BuildingHeight NA Street Frontage: 17 0 . 75 Side Setbacks: N A Front Setback: Rear Setback: Floor Area Ratio: N.A. Lot Coverage: N A . 9. Proposed Lot(if applicable): Lot Area(Sq,Ft) NA Building Height 22 Ft Street Frontage: N A _ Side Setbacks: 2 F t . Front Setback: Rear Setback: 67 Ft . Floor Area Ratio: NA Lot Coverage: NA 10. Required Lot(as required by Zoning'Bylaw): Lot Area(Sq.Ft) .� Building Height 3 5 ' Street Frontage: .125 Ft .— Side Setbacks: Front Setback: Re w'Setback: 3 0 Floor Area Ratio: Lot Coverage: 11. Existing Building(if applicable): Ground Floor(Sq.Ft.) N A #of Floors: Total Sq.Ft, Height: Use: Type of Construction 12. Proposed Building: Ground Floor(Sq.Ft.) 1610 S f #of Floors: 2 Total Sq.Ft. 3 415 S f . Height: 2 8 F t . Ilse: .qingle EI-Mil—y Residence • Type of Construction_.. tt n n� r.r a m e 13. Has there been a previous application for a Special Permit .from the Planning Board on these premises? No . If so, when and for what . type of construction? 14, Section of Zoning Bylaw that Special Permit Requested the Water Shed Protection District Being 15. Petitioner and Landowner signature(s): Every application for a Special Permit shall be made on this form which is the official form of the Planning Board. Every application shall be flied 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 Planning Office does not absolve the applicant from this responsibility. The petitioner shall be responsible for all for filing and legal notification. Failure to comply with application requirements, expenses as cited herein and in the Planning Board Rules and Regulations may result in a dismissal by the Planning B oard of this application as incomplete. Petitioner's Signature: Print or type name here: William - Barrett Homes Owner's Signature: Print or type name here: John R. Jr . , & Elizabeth Leeman 16 Please list title of plans and documents you will be attaching to this application. 1 . ) Plan of land of 383 Johnson Street at Lisa Lane in North Andover, Mass showing proposed lots , owner John R . Leeman Jr . , & Elizabeth Leeman dated July 1.0 , 2002 revised July 26 , 2002 by Merrimack Engineering Services , Inc . 2 . ) Site Development Plan of land 1-4 Johnson Street in North Andover, Mass . , for Willi Am Barrett Homes , Inc . , dated August 30, 2002 , Scale 1" = 40 ' by Merrimack Engineering Services , Iric : 3 . ) Letter from Epilons Associates Inc . , dated 10-1-02 . Lot 3 iE CE:IVI EE: Town of North Andover Planning Boaz, T`l l'AP1f70VR Application for Watershed Special Permi.( Please type or print clearly. 1, Petitioner: William Barrett Homes znc. Petitioner's Address: 1049 Turnpike Street Telephone number: (9 7 8 ) 6 8 2-2 3 2 0 2. Owners of the Land: John R. Jr. & Elizabeth Leeman Address: 45 Pine Ridge Road Number of years of ownership; 2 3. Year lot was created: 2002 4. Is the lot currently on septic or sewer? Sewer Available If on sewer,please provide date the sewer connection was completed: Nn Connection at present 5. Description of Proposed Project: To construct a garage and driveway acces�iory to the -existing -ingle family dwelling at 383 Johnson SfirPat 6. Description of Premises: A 27, 465 Sq. Lot Located on the Westerly y,, T Northerly side off.,_ .t_... y of Lase Lane. Johnson S,._., pp ox. a r .�matel 200E No hers, 7. Address of Property Being Affected No Current Address Zoning District: 9-3 Assessors: Map: Lot#_ Registry of Deeds: Book#: Page#: S. Fxisting Lot: Lot Area(Sq.Ft) 2 7 5 6 4 S F BuildingHeight Street Frontage: 1 2 S VT Side Setbacks: Front Setback: Rear Setback: NA Floor Area Ratio: NA _ Lot Coverage: 9. Proposed Lot(if applicable): NA Lot Area(Sq.Ft) Building Height I:T + Street Frontage: DJA _ Side Setbacks: Front Setback: 62PT Rear Setback: 1 ZaZT— + Floor Area Ratio: __�_ Lot Coverage: A Lot 3 10. Required Lot(as required by Zoning-Bylaw): Lot Area(Sq.Ft) 95 000Building Height Strect.Frontage: 1 2 5 FT Side Setbacks: Front Setback: 30 " Rear'Setback: Floor Area Ratio: NA Lot Coverage: , 11. Existing Building(if applicable): Ground Floor(Sq.Ft.) NA #of Floors: Total Sq.Ft, Height: Use: Type of Construction 12. Proposed Building: Ground Floor(Sq.Ft.) 1 9 51 FT #.of Floors: 2 Total Sq.Ft. Height: 3 2 FT. + Use: Si_ngl P E.aM 7 y Residence- Type of Construction wood Frame 13. Has there been a previous application for a Special Permit from the Planning Board on these premises? No If so, when and for what type of construction? 14. Section of Zoning Bylaw that Special Permit is Being Requested. 4 _ 1 �h W, a_r„�hgd Special Permit 15. Petitioner and Landowner signature(s): Every application for a Special Permit shall be made on this form which is the official form of the Planning Board. 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 Planning Office 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 Planning Board Rules and Regulations may result in a dismissal by the Planning B oard of this application as incomplete. Petitioner's Signature: Print or type name here: William -Barrett Homes Owner's Signature: Print or type-name here: �b l l N (-k2,vv\wv 16. Please list title of plans and documents you will be attaching to this application. 1 . ) Plan of land of 383 Johnson Street at Lisa Lane in North Andover, Mass. showing proposed lots, owner John R. Leeman Jr. & Elizabeth Leeman dated July 10, 2002 revised July 26, 2002 by Merrimack Engineering Services, Inc. 2'. ) Site Development Plan of land lots 1 -4 Johnson Street in North Andover, Mass . , for William Barrett Homes, Inc. dated August 30 , 2002 , Scale 1 " = 40 ' by Merrimack Engineering Services, Inc. 3 . ) Letter from Epilons Associates Inc. , dated 10/1 /02 Town of North Andover Planning Application for Watershed Special Please type or print clearly. 209Z OCT A ,I; 1. Petitioner: l " am Barrett Elomes Tnc Petitioner's Address: 1049 Turnpike Street Telephone number: ( 9 7 8) 6 8 2-2 3 2 0 2. Owners ofthe Land: John. lt . Jr . & Elizabeth Leeman Address: 45 fine Ridge Road Number of years of ownership; 3. Year lot was created: 2 0 0 2 4• Is the lot currently on septic or sewer? Sewer A v a i l a b l e Yf on sewer,please provide date the sewer connection was completed: Lrrent Connection 5. Description of Proposed Project: Construction of a Single Family Residence and Associated utility and site wor 6. Description of Premises: tba side of Johnson Street approximately e320nFt . Northerly of Lisa Lane , 7. Address of Property Being Affected No current address Zoning District: R--3 Assessors: Map: 9 8 AA Lot# 14 Registry of Deeds: Book#: Page#•� 8. Existing Lot: Lot Area(Sq.Ft) _ 7 6 - 0 7 2 S f , BuildingHeight NA Street.Frontage: —2 n 4 , 1 s Ft . Side Setbacks: Front Setback: 16 5 _fit T_ Rear Setback: N A Ploor Area Ratio: N A Lot Coverage: 9. Proposed Lot(if applicable): Lot Area (Sy.Ft) MA—,_ Building Height 20 Ft . Street Frontage: NA Side Setbacks: 20 Ft . Front Setback: 165 Ft . Rear Setback: 30 Ft . Floor Area Ratio: NA Lot Coverage:---__NA_. 10• Required Lot(as required by Zoniug'Bylaw): Lot Area(Sq.Ft) 25 , 000 Building Height_ Street Frontage: 1._2.5 r fi .� Side Setbacks:— Front Setback: 30 ' Rear'Setback: ' Floor Area Ratio: Lot Coverage: , 11. Existing Building(if applicable): ' Ground Floor(Sq. Ft.) N A #of Floors: Total Sq.Ft. Height: Use: Type of Construction 12. Proposed Building: Ground Floor(Sq.Ft.) 1939 #of Floors: 2 Total Sq, Ft. 2 5 9A Height: Use: Sin le Famil Residance Type of Construction o o d Fr a m e 13. Has there been a previous application .for a Special Permit from the Planning Board of cans pre on these mises? N n _ _ If so, when and for what ty. construction? 14. Section of Zoning Bylaw that Special Permit 7s Being Requested 4 . 136 of .the . Water Shed Protection District is. Petitioner and Landowner signature(s): Every application for a Special Permit shall be made on this form which is the Official form of the Planning Board. Every application shall be filed wi responsibilityth the Town Clerk's office. It shall be the of the petitioner to furnish all supporting documentation with this application. The dated copy of this application received by the Town Clerk or Planning Office does not absolve the applicant from this responsibility. The petitioner shall be responsible for an expenses for filing and legal notification. Failure to comply with application requirements;as cited herein and in the Planning Board Rules and Regulations may result in a dismissal a the planning B oard Of this application as incomplete. Petitioner's Signature: Print or type name here: William Barrett Homes Owner's Signature: `\ Print or type name here: J ah tj John R . Jr . , & Elizabeth Leeman 16. Please list title of plans and documents you will be attaching to this application. 1 . } Plan of land of 383 Johnson Street at Lisa Lane in North Andover, Mass showing proposed lots , owner John R . Leeman Jr . , & Elizabeth Leeman dated July 10, 2002' revised July 26 , 2002 by Merrimack Engineering Services , Inc . 2 . ) Site Development Plan of land 1-4 Johnson Street in North Andover, Mass . , for William Barrett Homes , Inc . , dated August 30, 2002 , Scale 1" = 40 ' by Merrimack Engineering Services , Inc . 3 . ) Letter from Ipilons Associates Inc . , dated 10-1-02 4 . ) Order if conditions issued by the Conservation Commission dated 8-20--02 DEP File #242-1159 .