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PLANNING DEPARTMENT
Community Development Division
1600 Osgood Street
North Andover,Massachusetts,01845
Notice of Decision
Modification of Definitive Subdivision and Planned Residential Development
Any appeal shall be filed
within(20)days after the
date of filing this notice in
the office of the Town Clerk.
Date: January 6, 2015
Date of Hearing: December 16,2014; January
6, 2015
Date of Decision: January 6, 2015
Petition of: North Andover Realty Corp.
66 Spring Hill Road
North Andover,MA 01845
Premises Affected: 464 Appleton Street
Assessors Map 65,Parcels 7, 8,9&55.
Referring to the above petition to modify a previously approved Definitive Subdivision Plan and Planned
Residential Development (PRD) Special Permit according to the requirements of the North Andover
Subdivision Rules and Regulations and North Andover Zoning Bylaw Section 8.3 and 10.3, so as to construct
an additional two buildable lots in the six-lot subdivision (for a total of eight buildable lots), and add
additional square footage to the Open Space parcel.This modification approval still includes the construction
of a roadway with a cul-de-sac, the installation of stormwater management infrastructure, the installation of
underground utilities,connections to existing water and sewer service and grading in the R-1 Zoning District.
After a public hearing given on the above dates, and upon a motion by Lynne Rudnicki, seconded by David
Kellogg, the Planning Board APPROVES the Modification of the Defmitive Subdivision Plan and PRD
Special Permit,as amended,and based upon the following conditions.A vote of 5-0 was made in FAVOR of
the application.
On behalf of the Andover Planning Board
John Simons,Chair
Michael Colantoni
David Kellogg
Lora McSherry
Lynne Rudnicki
Peter Boynton,Associate
1
Regency Place,464 Appleton Street
Map 65,Parcels 7,8,9&55
The Planning Board herein APPROVES the Modification of the Definitive Subdivision and PRD Special
Permit to construct an eight-lot subdivision, including the construction of a roadway with a cul-de-sac,
connections to existing water and sewer service and grading in the R-1 Zoning District, Map 65, Parcels 7,
8,9,55.The application was filed with the Planning Board on November 13,2014. The public hearing on the
above referenced application was opened on December 16, 2014, and closed by the North Andover Planning
Board on January 6,2015. The applicant submitted a complete application,which was noticed and reviewed
in accordance with Section IV of the Town of North Andover Rules and Regulations Governing the
Subdivision of Land and Section 8.3 and 10.3 of the North Andover Zoning Bylaw.
The Planning Board makes the following findings as required by section 5.6 of the North Andover Rules
and Regulations Governing the Subdivision of Land:
FINDINGS OF FACT:
In accordance with Section 5.6 of the North Andover Zoning Rules and Regulations Governing the
Subdivision of Land,the Planning Board makes the following findings:
A. The Definitive Subdivision Plan dated November 13, 2014, and last revised November 25,
2014 are both substantially complete and technically adequate,except as amended herein.
B. The "Plan of Lots" (Sheet 2 of 7)" for the Definitive Subdivision Plan last dated November
25, 2014 shows a lot layout that depicts the creation of eight lots, all of which have frontage
on a new cul-de-sac. This modification also applies to the Special Permit for a Planned
Residential Development(PRD)thus conforming to all applicable zoning requirements.
C. The Planning Board finds that the proposed Definitive Subdivision Plan showing the creation
of a cul-de-sac is in keeping with the character of the neighborhood. This design was
reviewed and approved for safety access by the North Andover Fire Department.
D. The Planning Board has also found that the layout of the subdivision conforms to the
topographical features of the surrounding area, and thus has less impact on the environment
and surrounding neighborhoods.
E. The proposed roadway layout provides for adequate access to the eight new lots on a new
cul-de-sac that will be safe and convenient for travel.
F. The roadway layout and stormwater management systems as depicted in Sheet 4 of 7(Site
Grading Plan) have been found to provide a design that is compatible with the surrounding
neighborhood, in that it provides for adequate drainage and stormwater management.
G. The installation of Low Impact Development(LID) stormwater structures along the proposed
roadway and on the individual lots has been shown to be effective in mitigating and treating
stormwater. The Planning Board finds that these structures have been designed using best
management practices and will effectively mitigate any increase in stormwater runoff as a
result of the creation of the subdivision.
H. All Plans and related submissions were reviewed by the Town's outside consultants and were
found to be in conformance with the Town of North Andover's Rules and Regulations
Governing the Subdivision of Land.
I. The roadway depicted on the Definitive Plan reduces danger to life and limb in the operation
of motor vehicles.
J. The Definitive Plan secures safety in the case of fire, flood, panic and other emergencies.
The new roadway will provide adequate access for emergency situations.
2
Regency Place,464 Appleton Street
Map 65,Parcels 7,8,9&55
K. The Definitive Plan secures adequate provisions for water, sewerage, drainage, underground
utility services, fire, police and other similar municipal equipment, and other requirements
where necessary in a subdivision.
L. The Definitive Plan has been reviewed by the Department of Public Works and the Fire
Department and has been found to be acceptable.
M. The Definitive Plan conforms to the design and construction standards described in the
Subdivision Rules and Regulations,with the exceptions of waivers granted in Condition 2.
Upon reaching the above findings,the Planning Board approves this Special Permit based upon the following
SPECIAL CONDITIONS:
1) Permit Definitions:
A. The "Locus" refers to the approximately 25.31 acre parcel of land as shown on Assessors Map
65, Parcels 7, 8, 9, and 55, and also known as 464 Appleton Street, North Andover,
Massachusetts.
B. The"Plans" refer to the plans prepared by Andover Consultants, Inc. dated November 13, 2014,
revised on December 16, 2014, titled "Definitive Subdivision P.R.D. - Regency Place Modified
Subdivision Plan North Andover, Mass", submitted by applicant North Andover Realty Corp., 66
Spring Hill Road,North Andover,Ma 01845.
C. The "Project" or "464 Appleton Street" refers to the construction of an eight-lot subdivision,
including the construction of a roadway with a cul-de-sac, the installation of stormwater
management infrastructure,the installation of underground utilities,connections to existing water
and sewer service and grading in the R-1 Zoning District.
D. The "Applicant" refers to North Andover Realty Corp., the applicant for the Definitive
Subdivision Plan Approval.
E. The"Project Owner"refers to the person or entity holding the fee interest to the title to the Locus
from time to time,which can include but is not limited to the applicant, developer,and owner.
2) The roadway, utilities and stormwater management systems will be constructed according to the Plans,
with the following waivers granted by the Town of North Andover Planning Board, according to the
provisions of the Town of North Andover Rules and Regulations Governing the Subdivision of Land.
These waivers are hereby granted in consideration of the fact that the design of the roadway was changed
from that of a conventional subdivision road to the less intrusive roadway design as presented on the
approved Definitive Subdivision Plan:
A. Section 5.1.5. Site Evaluation Statement. The applicant has provided sufficient written
descriptions and plan outlining the features of the existing site.
B. Section 5.4 Environmental and Community Impact Statement. The proposed 8-lot subdivision
will not have a significant environmental or community impact.
C. Section 6.8.1 Table 1A.Minimum pavement width for a local residential street is 26 ft.24' is
proposed. Impervious area will be decreased,thus reducing the volume of stormwater runoff in
the subdivision and in the surrounding neighborhood.
D. Section 6.9 A. No curbing is provided on the sidelines of the street to allow collection of
stormwater runoff into LID structures.
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i
Regency Place,464 Appleton Street
Map 65,Parcels 7,8,9&55
E. Section 6.11.No sidewalks are proposed,reducing impervious area. A donation will be made to
the sidewalk fund, in an amount to be determined by the Planning Department and the
Department of Public Works.
The Board deems that each of the foregoing waivers is in the public interest and consistent with the intent
and purpose of the Subdivision Control Law and the Rules and Regulations and such waivers are hereby
granted. With respect to those waivers concerning development standards above, the Planning Board also
makes a fmding, in accordance with Section 2.7.4 of the Subdivision Regulations, that the waived
requirements will not impair the functioning, long term maintenance nor appearance of the future
development of the land shown on the Plan, will not result in an adverse impact for the areas adjacent to
the land shown on the Plan, and is consistent with the Board's development objectives.
3) With the exception of the catch-basins located within the ROW of the new cul-de-sac, the drainage
structures, including swales along the edge of the roadway and the cul-de-sac, Stormceptors located
within the ROW of the new cul-de-sac, and the two infiltration basins located within the Open Space
parcels,will be maintained in perpetuity by Homeowner's Association, with the terms of ownership and
maintenance to be documented in the Homeowner's Association Declaration of Trust. The Easement
which will be granted to the Homeowner's Association.
4) The easement document describing the"Utility and Access Easement"as shown on the plan to be located
on Lot 4,will contain language allowing public pedestrian access across this easement. As stated in item
#3,this easement will be granted to the Homeowner's Association.
5) The Infiltration basins located on Lots 3 and 4 will be maintained by the owners of those lots, with the
terms of ownership and maintenance to be documented in the respective deeds for each lot.
6) All roof infiltration systems that are located on individual lots are to be maintained by the owners of
those lots, with the terms of ownership and maintenance to be documented in the respective deeds for
each lot.
7) Any trees located outside of the ROW will be maintained by either the Home Owner's Association or by
the owner of the lot, with the terms of ownership and maintenance to be documented in the Home
Owner's Association Declaration of Trust and in the respective deeds for each lot.
8) The Town Planner shall approve any changes made to these plans. Any changes deemed substantial
by the Town Planner would require a public hearing and modification by the Planning Board.
9) In consideration of the approval of the Plan,there is to be no further extension of the cul-de-sac. This
restriction is to be documented in the respective deeds for each lot in the subdivision.
PRIOR TO ENDORSEMENT OF THE PLAN
1) Prior to endorsement of the plans by the Planning Board the applicant shall adhere to the following:
A. A covenant (FORM I) securing all lots within the subdivision for the construction of ways and
municipal services must be submitted to the Planning Board. Said lots may be released from the
covenant upon posting of security as required in Condition 2 under "PRIOR TO ANY LOTS
BEING RELEASED FROM THE STATUTORY COVENANT".
B. A Site Opening Bond in the amount of ten thousand ($10,000) dollars to be held by the Town of
North Andover. The Site Opening Bond shall be in the form of a check made out to the Town
of North Andover that will be placed into an interest bearing bond account.
4
Regency Place,464 Appleton Street
Map 65,Parcels 7,8,9&55
C. Unless the drainage structures are to be maintained by the town, a recorded Homeowner's
Association Agreement shall be submitted, containing the provision that the stormwater drainage
structures, as noted in SPECIAL CONDITION #3, will be maintained by the Association and the
Easement will be granted to the Homeowner's Association. The applicant must submit to the Town
Planner a FORM M for all utilities and easements placed on the subdivision.
D. All drainage, water and sewage facilities designs shall be approved by the North Andover Division
of Public Works.
E. All stormwater structures to be maintained by the Homeowner's Association, including the
Stormceptor unit located within the ROW of the new cul-de-sac, the infiltration basins, the grassed
swales, the drainage channels, the existing fieldstone wall, and the two Stormwater Infiltration
Basins located within the Open Space shall be shown on the plan.
F. The language for the proposed access and drainage easement on Lot 4 shall be submitted to the
Planning Office.
G. The applicant must meet with the Town Planner in order to ensure that the plans conform to the
Board's decision. These plans must be submitted within ninety(90) days of filing the decision with
the Town Clerk.
H. The Subdivision Decision must be recorded with the Essex North District Registry of Deeds and the
list of waivers for this project must appear on the mylars.
I. A Development Schedule must be submitted for signature by the Town Planner.
J. All documents shall be prepared at the expense of the applicant, as required by the Planning Board
Rules and Regulations Governing the Subdivision of Land.
K. The applicant shall designate an independent construction monitor who shall be chosen in
consultation with the Planning Department. The construction monitor must be available upon
four (4) hours notice to inspect the site with the Planning Board designated official. The
construction monitor shall make weekly inspections of the project and file monthly reports to the
Planning Board throughout the duration of the project. The monthly reports shall detail area of
non-compliance, if any,and actions taken to resolve these issues.
L. The applicant will provide copies of all Decisions, Notification and Orders of Conditions from
the North Andover Conservation Commission.
M. Easement documents, deed restrictions, Homeowner's Association Agreements and maintenance
agreements concerning the drainage structures must be submitted and reviewed and approved by
Town Counsel and the Town Engineer prior to recording. All easements and restrictions shall
remain in perpetuity.
N. If, as a result of any decision made by another Town Board,the proposed plan as approved by the
Planning Board is changed, the Applicant shall provide those changes to the Planning Board for
approval.
PRIOR TO THE START OF ANY CONSTRUCTION AND/OR SITE WORK
1) The record plans must be endorsed by the Planning Board and both this decision and the plans must
be recorded by the applicant at the Registry of Deeds.
2) Three(3)copies of the signed, recorded Plans, Decision and two copies of the following recorded
documents must be delivered to the Planning Department: Subdivision Approval Form M,
Easement documents, homeowners' agreement and maintenance documents referred to in
Condition 3 under"Special Conditions"and in sections F and M as referred to in section PRIOR
TO THE ENDORSEMENT OF THE PLAN in this Decision.
3) Yellow"Caution"tape must be placed along the limit of clearing and grading as shown on the plan.
The Planning Staff must be contacted prior to any cutting and or clearing on site.
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•
Regency Place,464 Appleton Street
Map 65,Parcels 7, 8,9&55
4) All applicable erosion control measures must be in place and reviewed and approved by the
Planning Department.
5) A pre-construction meeting must be held with the developer,their construction employees, Planning
Department and Building Department (and other applicable departments) to discuss scheduling of
inspections to be conducted on the project and the construction schedule.
6) In lieu of constructing sidewalks, the applicant has agreed to make a contribution to the sidewalk
fund. The DPW and the Planning Department will determine the amount of the contribution and
evidence of DPW's determination and a receipt for the contribution must be retained in the Planning
Department file.
PRIOR TO ANY LOTS BEING RELEASED FROM THE STATUTORY COVENANTS
1) The applicant must submit a lot release(FORM J)to the Planning Board for signature.
2) A Performance Guarantee in an amount to be determined by the Town Engineer and by the Town
Planner, shall be posted to ensure completion of the work in accordance with the Plans approved as
part of this conditional approval. The bond must be in the form acceptable to the North Andover
Planning Board. Items covered by the Bond may include,but shall not be limited to:
A. as-built drawings;
B. sewers and utilities;
C. roadway construction and maintenance;
D. lot and site erosion control;
E. site screening and street trees;
F. drainage facilities;
G. site restoration;
H. final site cleanup.
3) A Letter stamped by a Professional Engineer stating that the proposed HDPE pipes used for the
drainage system has been installed per manufacturer's specification.
PRIOR TO THE ISSUANCE OF A BUILDING PERMIT
1) The road must be constructed to binder paving with stabilized shoulders and drainage swale in place.
2) A Plot Plan for the lot in question must be submitted to include the following:
a. Location of the structure
b. Location of the driveway
c. Location of all water and sewer lines
d. Any grading called for on the lot
e. Location of drainage,utility and other easements.
f. The Plot Plan must be provided in paper form as well as in a SDF (Standard Digital File)
format.
3) All appropriate erosion control measures for the lot shall be in place.
4) All catch basins shall be protected and maintained with hay bales to prevent siltation into the drain
line during construction.
5) The lot in question shall be staked in the field. The location of any major departures from the plan
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•
•
Regency Place,464 Appleton Street
Map 65,Parcels 7,8,9&55
must be shown.
6) Lot numbers,visible from all roadways must be posted on all lots. g,
DURING CONSTRUCTION
1) Any stockpiling of materials (dirt, wood, construction material, etc.) must be shown on a plan and
reviewed and approved by the Planning Staff. Any approved piles must remain covered at all times
and fenced off to minimize any dust problems that may occur with adjacent properties.
2) It shall be the responsibility of the developer to assure that no erosion from the site of construction
shall occur which will cause deposition of soil or sediment upon adjacent properties or public ways,
except as normally ancillary to off-site sewer or other off-site construction. Off-site erosion will be
a basis for the Planning Board making a finding that the project is not in compliance with the plan;
provided, however, that the Planning Board shall give the developer written notice of any such
finding and ten days to cure said condition.
3) In an effort to reduce noise levels, the developer shall keep in optimum working order, through
regular maintenance,any and all equipment that shall emanate sounds from the structures or site.
PRIOR TO THE ISSUANCE OF A CERTIFICATE OF OCCUPANCY
1) House numbers for each lot must be posted so as to be seen from the street.
2) All slopes shall be stabilized, as determined by the Planning Board, with regard to erosion and
safety.
3) All lots must be raked, loamed and seeded, sodded or mulched, if the weather does not permit
seeding or sodding.
4) It shall be the developer's responsibility to assure the proper placement of the driveways
regardless of whether individual lots are sold. The Planning Board requires any driveway to be
moved at the owner's expense if such driveway is at a catch basin or stone bound position.
5) The Planning Board reserves the right to review the site after construction is complete and require
additional site screening as it deems necessary and reasonable.
6) The applicant must submit a letter from the architect and engineer of the project stating that the
building and site layout substantially comply with the plans referenced at the end of this decision as
endorsed by the Planning Board.
PRIOR TO THE FINAL RELEASE OF ALL SECURITY AND ESCROWED FUNDS
1) A final as-built plan showing final topography, the location of all on- site utilities, structures and
drainage facilities must be submitted to the Planning Department. The as-built must be provided
in paper form as well as in SDF(Standard Digital File)format.
2) The Planning Board must by a majority vote make a finding that the site is in conformance with the
approved plan.
3) The Town Planner shall ensure that all Planning, Conservation, Board of Health and Division of
Public Works requirements are satisfied and that construction was in strict compliance with all
approved plans and conditions.
7
Regency Place,464 Appleton Street
Map 65,Parcels 7,8,9&55
4) The roadway and all stormwater management systems must be constructed according to the plans
approved by the Planning Board
GENERAL CONDITIONS
1) The contractor shall contact Dig Safe at least 72 hours prior to commencing any excavation.
2) Gas, Telephone, Cable and Electric utilities shall be installed underground as specified by the
respective utility companies.
3) The hours for construction shall be limited to between 7:00 a.m. and 5:00 p.m. Monday through
Friday and between 8:00 a.m. and 5:00 p.m. on Saturday.
4) The provisions of this conditional approval shall apply to and be binding upon the applicant, its
employees and all successors and assigns in interest or control.
5) Any action by a Town Board, Commission, or Department, which requires changes in the plan or
design of the building, as presented to the Planning Board, may be subject to modification by the
Planning Board.
6) Any revisions shall be submitted to the Town Planner for review. If these revisions are deemed
substantial,the developer must submit revised plans to the Planning Board for approval.
7) The following information shall be deemed part of the decision:
Plan titled: "Definitive P.R.D. Subdivision Plan for"Regency Place"in North Andover,MA"
Prepared for: North Andover Realty Corp.
66 Spring Hill Road
North Andover,MA 01845
Prepared by: Christiansen&Sergi,Inc.
160 Summer Street
Haverhill,MA 001830
Scale: 1"=40'
Date: January 10, 2013, revised on March 12, 2013, March 27, 2013 and April 4, 2013
and April 22, 2013
Sheets: 1-12
Report:Stormwater Management Report
Prepared for: North Andover Realty Corp.
66 Spring Hill Road
North Andover,MA 01845
Prepared by: Christiansen&Sergi,Inc.
160 Summer Street
Haverhill,MA 01830
Date: January 10,2013,Rev.March 12,2013
Plan titled: Regency Place Definitive PRD Modified Subdivision Plan
Prepared for: North Andover Realty Corp.
66 Spring Hill Road
North Andover,MA,01845
Prepared by: Andover Consultants Inc.
8
Regency Place,464 Appleton Street
Map 65,Parcels 7,8,9&55
1 East River Place
Methuen,Mass.,01844
Scale:
Date: November 13,2014,revised December 16,2014
Sheets: 1-7
cc: Town Departments
Applicant
Engineer
Abutters
Assessor
9
Massachusetts Department of Environmental Protection Provided by MassDEP:
1.., Bureau of Resource Protection-Wetlands MassDEP File#:242-1588
WPA Form 5 -Order of Conditions
eDEP Transaction#:709688
Massachusetts Wetlands Protection Act M.G.L.c. 131, §40 City/Town:NORTH ANDOVER
fi
A. General Information
1.Conservation Commission NORTH ANDOVER
2. Issuance a. r OOC b.I7 Amended OOC
3.Applicant Details
a.First Name CHARLES b.Last Name CARROLL
c.Organization NORTH ANDOVER REALTY CORP
d.Mailing Address 66 SPRING HILL ROAD
e.City/Town NORTH ANDOVER f.State MA g.Zip Code 01845
4. Property Owner
a.First Name CHARLES b.Last Name CARROLL
c.Organization NORTH ANDOVER REALTY CORP(LOTS 8,9&55)
d.Mailing Address 66 SPRING HILL ROAD
e.City/Town NORTH ANDOVER f.State MA g.Zip Code 01845
5.Project Location
a.Street Address 464 APPLETON STREET
b.City/Town NORTH ANDOVER c.Zip Code 01845
d.Assessors Map/Plat# 65 e.Parcel/Lot# 7,8,9&55
f.Latitude 42.67058N g.Longitude 71.08096W
6.Property recorded at the Registry of Deed for:
a.County b.Certificate c.Book d.Page i
NORTHERN ESSEX 6952 319
t
NORTHERN ESSEX 13433 63
7.Dates
a.Date NOI Filed: 3/15/2013 b.Date Public Hearing Closed: 1/14/2015 c.Date Of Issuance: 1/15/2015
8.Final Approved Plans and Other Documents
a.Plan Title: b.Plan Prepared by: c.Plan Signed/Stamped by: d.Revised Final Date: e.Scale: .
DEFINITIVE P.R.D.-
REGENCY PLACE DOVER
MODIFIED CONSULTANTS,INC. DENNIS A.GRIECCI,P.E. December 16,2014 1"=40' ,
SUBDIVISION
PLAN
Page 1 of 10*ELECTRONIC COPY
€I
t
Massachusetts Department of Environmental Protection Provided by MassDEP:
LkBureau of Resource Protection-Wetlands MassDEP File#:242-1588
WPA Form 5 -Order of Conditions eDEP Transaction#:709688
t
Massachusetts Wetlands Protection Act M.G.L.c. 131, §40 City/Town:NORTH ANDOVER ,
e.c/y dredged f.c/y dredged
7.r Bordering Land Subject to Flooding
a.square feet b.square feet c.square feet d.square feet
1
Cubic Feet Flood Storage
e.cubic feet f.cubic feet g.cubic feet h.cubic feet
8.r Isolated Land Subject to Flooding
a.square feet b.square feet I'
Cubic Feet Flood Storage
c.cubic feet d.cubic feet e.cubic feet f.cubic feet
9.r Riverfront Area 3105 3105
a.total sq.feet b.total sq.feet
Sq ft within 100 ft 3105 3105 1277 1277
c.square feet d.square feet e.square feet f.square feet
Sq ft between 100-200 ft
g.square feet h.square feet i.square feet j.square feet
Coastal Resource Area Impacts:
Resource Area Proposed Permitted Proposed Permitted
Alteration Alteration Replacement Replacement
10.r Designated Port Areas Indicate size under Land Under the Ocean,below
11.r Land Under the Ocean
a.square feet b.square feet
c.c/y dredged d.c/y dredged
12.r Barrier Beaches Indicate size under Coastal Beaches and/or Coastal Dunes below }
13.r Coastal Beaches
a.square feet b.square feet c.c/y nourishment d.c/y nourishment
14.r Coastal Dunes
a.square feet b.square feet c.c/y nourishment d.c/y nourishment
15.r Coastal Banks
a.linear feet b.linear feet
16.r Rocky Intertidal Shores
a.square feet b.square feet
17.r Salt Marshes
a.square feet b.square feet c.square feet d.square feet
18.r Land Under Salt Ponds
a.square feet b.square feet
c.c/y dredged d.c/y dredged
Page 3 of 10*ELECTRONIC COPY
i
Massachusetts Department of Environmental Protection Provided by MassDEP:
IL
Bureau of Resource Protection- Wetlands MassDEP File#:242-1588
WPA Form 5 -Order of Conditions eDEP Transaction :709688
City/Town:NORTH ANDOVER
Massachusetts Wetlands Protection Act M.G.L.c. 131,§40
until all proceedings before the Department have been completed.
9. No work shall be undertaken until the Order has become fmal 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 the 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..
10. 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'MassDEP"]
File Number:"242-1588" f
11. 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 Mass DEP. ;`
12. Upon completion of the work described herein,the applicant shall submit a Request for Certificate of Compliance(WPA Form
8A)to the Conservation Commission.
13. The work shall conform to the plans and special conditions referenced in this order.
14. Any change to the plans identified in Condition#13 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.
15. 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
2:
evaluation.
16. 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.
17. 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.
18. 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.
NOTICE OF STORMWATER CONTROL AND MAINTENANCE REQUIREMENTS
19. The work associated with this Order(the"Project")is(1) F is not(2)E subject to the Massachusetts Stormwater Standards.
If the work is subject to Stormwater Standards,then the project is subject to the following conditions;
a) All work,including site preparation,land disturbance,construction and redevelopment,shall be implemented in accordance
with the construction period pollution prevention and erosion and sedimentation control plan and,if applicable,the
Stormwater Pollution Prevention Plan required by the National Pollutant Discharge Elimination System Construction General
Permit as required by Stormwater Standard 8.Construction period erosion,sedimentation and pollution control measures and
best management practices(BMPs)shall remain in place until the site is fully stabilized.
b) No stormwater runoff may be discharged to the post-construction stormwater BMPs unless and until a Registered
Professional Engineer provides a Certification that:i.all construction period BMPs have been removed or will be removed by
a date certain specified in the Certification.For any construction period BMPs intended to be converted to post construction
operation for stormwater attenuation,recharge,and/or treatment,the conversion is allowed by the MassDEP Stormwater f
Page 5 of 10*ELECTRONIC COPY
f
F
Massachusetts Department of Environmental Protection Provided by MassDEP:
Bureau of Resource Protection-Wetlands MassDEP File#:242-1588
L eDEP Transaction#:709688
WPA Form 5-Order of Conditions City/Town:NORTH ANDOVER
Massachusetts Wetlands Protection Act M.G.L.c. 131, §40
stormwater BMPs shall include access gates and shall be at least six inches above grade to allow for wildlife passage.
Special Conditions:
SEE ATTACHED
i
is
e
4
a'.
Page 7 of 10*ELECTRONIC COPY
f
:
Massachusetts Department of Environmental Protection Provided by MassDEP:
Bureau of Resource Protection-Wetlands MassDEP File#:242-1588
\).s.....
WPA Form 5 -Order of Conditions eDEP Transaction#:709688
----
Lt
Massachusetts Wetlands Protection Act M.G.L.C. 131, §40 City/Town:NORTH ANDOVER
E. Signatures
This Order is valid for three years from the date of issuance,unless otherwise specified 5/10/2013 s
pursuant to General Condition#4.If this is an Amended Order of Conditions,the Amended 1.Date of Original Order
Order expires on the same date as the original Order of Conditions.
e
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 time to the appropriate Department of Environmental Protection Regional Office,if not filing
electronically,and the property owner,if different from applicant.
Signatures:
/ /
d/`"��"
Ate/ f"
E by hand delivery on Oy ce ified mail,return return receipt requested,on
,
///—Cl/-5-- ,
Date Date
F. Appeals I.
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 MassDEP
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 for Departmental Action Fee Transmittal Form,as provided in
310 CMR 10.03(7)within ten business days from the date of issuance of this Order.A copy of the request shall at the same time be
sent by certified mail or hand delivery to the Conservation Commission and to the applicant,if he/she is not the appellant.
Any appellants seeking to appeal the Department's Superseding Order associated with this appeal will be required to demonstrate prior
participation in the review of this project.Previous participation in the permit proceeding means the submission of written information to
the Conservation Commission prior to the close of the public hearing,requesting a Superseding Order,or providing written information
to the Department prior to issuance of a Superseding Order.
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.
Page 9 of 10*ELECTRONIC COPY
it
DEP FILE #242—1588 (AMENDED)
Therefore, the North Andover Conservation Commission (hereafter the "NACC") hereby h
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
k
20. The amended proposal includes: construction of an eight-lot subdivision (amended
from six), including a 820-foot roadway (amended from 600) with a cul-de-sac, eight
homes (amended from six), the installation of stormwater management infrastructure .
(for the entire subdivision including structures on individual house lots),underground
utilities, and associated clearing, grading and landscaping portions of which are i
within Riverfront Area and the Buffer Zones to Isolated Vegetated Wetland (IVW) and
Bordering Vegetated Wetland (BVW). Proposed increases resulting from the
amendment are an additional 4,190 s.f. of impervious area (roadway and driveway)
and 9,950 s.f. of landscaping and grading within the 100-foot Buffer Zone to IVW(local
jurisdiction only). Additional open space is also part of the project.
21. The work shall conform to the following(except as noted in the remainder of this
document where revisions may be required):
Applicant: Charles Carroll
North Andover Realty Corp.
66 Spring Hill Road
North Andover, MA 01845
Notice of Intent
prepared by: Philip Christiansen
Christiansen &Sergi, Inc. (CSI)
160 Summer Street
Haverhill, MA 01830
Dated: March 2013
Site Plans prepared by: Christiansen&Sergi, Inc.
Title: Definitive P.R.D. Subdivision Plan for
Regency Place in
North Andover, MA
Sheets: 7 of 12 Site Grading Plan
9 of 12 Erosion&Sedimentation Control Plan
10 of 12 Construction Details 1
11 of 12 Construction Details 2
12 of 12 Construction Details 3
242-1588,464 Appleton Street subdivision-AMENDED 1 NACC 1/15/2015 ,
DEP FILE #242—1588 (AMENDED)
Other Record Documents: Riverfront Alternative Analysis
Dated: March 29, 2013 k,
Plan Titled: Riverfront Analysis
Prepared by: Christiansen&Sergi, Inc.
Stamped by: Philip G. Christiansen, P.E.
Dated: March 28, 2013 (2 sheets)
Riverfront Impact Analysis
Dated: April 10, 2013
Plans: Figures A-D
Last Revised: April 24, 2013
Prepared by: Christiansen&Sergi, Inc.
22. 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.
23. 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.
24. 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.
25. 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.
26. 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.
242-1588,464 Appleton Street subdivision-AMENDED 3 NACC 1/15/2015
DEP FILE #242—1588 (AMENDED)
35. The NACC finds the applicant's proposal for restoration of the stream flow through
four box culverts (two of which are impaired) under Blue Ridge Road and the
installation of improved stormwater management(in Blue Ridge Road) as shown on
the herein referenced Plan, to be adequate mitigation and improvements to the
Riverfront of Mosquito Brook.
36. This document shall be included in all construction contracts, subcontracts, and
specifications dealing with the work proposed and shall supersede any conflicting
contract requirements. The applicant shall assure that all contractors, subcontractors,
and other personnel performing the permitting work are fully aware of the permits
terms and conditions. Thereafter, the contractor will be held jointly liable for any
violation of this Order resulting from failure to comply with its conditions.
37. The owners of the project and their successors in title 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 of the drainage system, if
accepted by the Town as part of a public way,becomes the responsibility of the Town.
38. Issuance of these Conditions does not in any way imply or certify that the site or
downstream areas will not be subject to flooding, storm damage or any other form of
water damage.
PRIOR TO CONSTRUCTION
39. No work shall be undertaken until all administrative appeal periods from this Order
have elapsed or, if such an appeal has been filed, until all proceedings before the
Department or Court have been completed.
is
40. This Order and attached documents 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
242-1588,464 Appleton Street subdivision-AMENDED 5 NACC 1/15/2015
fi
DEP FILE #242—1588 (AMENDED) z
construction areas and wetlands. The erosion control barriers and erosion control
measures will be properly installed and placed as shown on the plans approved and
referenced herein and shall be inspected and approved by the NACC or its agent prior f
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 or its agent. 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.
48. Erosion controls shall serve as the limits of clearing on all lots on which it is located.
The Conservation Department shall approve the erosion control location at the pre-
construction meeting.
49. The applicant shall have on hand at the start of any soil disturbance, removal or
stockpiling, a minimum of 30 hay bales and sufficient stakes for staking these bales or
equivalent length of straw wattle. Said bales/wattles shall be used only for the control
of emergency erosion problems and shall not be used for the normal control of
erosion.
50. A check payable to the Town of North Andover shall be provided in the amount of
$30,000 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.
51. The applicant shall be responsible for placing signs on each parcel,where there is
more than one (1) lot, designating the applicable lot number as depicted on the plans
approved and referenced herein.
52. The applicant shall designate a Wetland Scientist (or other environmental professional
as approved by the NACC or its agent) 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
242-1588,464 Appleton Street subdivision-AMENDED 7 NACC 1/15/2015
f
DEP FILE #242—1588 (AMENDED) i
I
assigning any portion of said land to another party, subject to said Orders of
1
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 prior
to the closing of said land transaction.
58. Once these above mentioned pre-construction requirements are complete, the k
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).
STORMWATER MANAGEMENT CONDITIONS
59. All construction and post-construction stormwater management shall be conducted in
accordance with supporting documents submitted with the Notice of Intent, the
Department of Environmental Protection Stormwater Management Standards, and as t
approved by the NACC in this Order of Conditions.
f
60. Individual rain gardens are proposed on Lots 3A and 4A and a driveway swale on Lot
8. Any modifications of the design will be subject to approval by the NACC.
Homeowners are responsible for ongoing maintenance of these structures in
accordance with the O&M Plan in perpetuity.
1
61. All stormwater best management practices shall be maintained as specified in the
Operation and Maintenance Plan submitted with the Notice of Intent and ,
incorporated in the Order of Conditions. 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 COC is obtained. Maintenance bills submitted
by cleaning contractors (catch basins, stormcepters, etc.) shall be submitted with
t
242-1588,464 Appleton Street subdivision-AMENDED 9 NACC 1/15/2015
DEP FILE #242— 1588 (AMENDED)
DURING CONSTRUCTION
69. Upon beginning work, the applicant shall submit written monthly progress reports
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.
70. De-watering activities are not proposed. 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.
71. 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.
72. All exposed soil finish grade surfaces shall be immediately landscaped and stabilized,
or loamed, seeded and matted. 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 jute matting or by other means
approved by the NACC until climate conditions allow for seeding. No exposed area
shall remain unfinished for more than thirty (30) days, unless approved by the NACC.
73. 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.
74. There shall be no stockpiling of soil or other materials within fifty (50) feet of any
resource area. Stockpile areas are designated on Plan Sheet 9 of 12 and Plan Sheet 4 of
7 of the amended site plans. Changes in stockpile location shall be approved by the
Conservation Department.
75. Washings from concrete trucks, or surplus concrete, shall not be directed to, any
drainage system, or wetland resource area. Truck washing shall not occur within
jurisdictional areas unless the designated area and a plan for containment of sediment
are approved by the Conservation Department in advance.
76. All waste generated by, or associated with, the construction activity shall be contained
within the limit of work, 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
242-1588,464 Appleton Street subdivision-AMENDED 11 NACC 1/15/2015
. • f
DEP FILE #242—1588 (AMENDED)
a. WPA Form 8A- "Request for a Certificate of Compliance."
b. A letter from the applicant requesting a Certificate of Compliance.
c. The name and address of the current landowner.
d. Signed statements from the individual property owners shall be submitted with
the request for a Certificate of Compliance indicating that they read and
understood the recorded Order of Conditions prior to purchasing their property.
e. The name and address of the individual/trust or corporation to whom the
compliance is to be granted.
f. The street address and assessor's map/parcel number for the project.
g. The DEP file number.
h. A written statement from a Registered Professional Civil Engineer (and/or
Registered Professional Land Surveyor) of the Commonwealth certifying that the
work has been conducted as shown on the plan(s) and documents referenced
above, and as conditioned by the Commission.
i. An"As-Built" plan prepared and signed and stamped by a Registered Professional
Civil Engineer (and/or Registered Professional Land Surveyor) of the
Commonwealth,for the public record. This plan will include:
➢ "As-Built" post-development elevations of all drainage &stormwater
management structures constructed within 100 feet of any wetland resource
area. NOTE: If portions of the stormwater systems exist partially within the
Buffer Zone then 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 any disturbance of soils or vegetation.
➢ Location of all subsurface utilities entering the property.
84. 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 # 242-1588. 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
242-1588,464 Appleton Street subdivision-AMENDED 13 NACC 1/15/2015
is
DEP FILE #242—1588 (AMENDED)
APPENDIX A-AFFIDAVIT
on oath do hereby depose and state:
(authorized agent applicant and/or current owner)
(PLEASE CHECK AT LEAST ONE BLOCK)
1. Iamthe 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.
&/or
2. I am the of
(position with owner) (owner name)
the owner upon whose land Order of Conditions
have been placed up by (DEP or NACC number)
the North Andover Conservation Commission.
3. I 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. I hereby affirm and acknowledge that on this day of 19
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. I 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#)
Signed under the pains and penalties of perjury this day of 19 .
(Signature-authorized agent of applicant or owner)
242-1588,464 Appleton Street subdivision-AMENDED 15 NACC 1/15/2015
Regency Place
North Andover, Mass.
Pollution Prevention and
Operations and Maintenance Plan
Revised March 12, 2013
2.0 IDENTIFICATION OF POTENTIAL STORMWATER POLLUTANTS
The purpose of this section is to identify pollutants that could impact storm water
during the construction of this project.
2.1 Significant Material Inventory
Pollutants that result from clearing, grading, excavation and building
materials that have the potential to be present in storm water runoff are listed
in Table 1. This table includes information regarding material type, chemical
and physical description and the specific regulated storm water pollutants
associated with each material.
2.2 Potential Areas for Storm Water Contamination
The following potential source areas of storm water contamination were
identified and evaluated:
• Cleared and graded areas;
• Asphalt roadway and driveway construction;
• Building construction;
• Construction site entrance;
• Tree removal areas;
• All undisturbed areas.
4
G
k
Regency Place
North Andover, Mass.
Pollution Prevention and
Operations and Maintenance Plan I
Revised March 12, 2013
1
Table 2 presents site specific information regarding storm water pollution potential
for each of these areas. ''
Table 2
Locations of Potential Sources of Storm Water Contamination
PorEnITU►iSroRna - —
' WATER CONTAMINATION ! DRAINAGE • POTENTIAL POTENTIAL PROBLEMS t
, POINT ' AREAS POLLUTANTS
`• i Erosion of soils from cleared and I ,,
Cleared and graded areas I All
Soil erosion,fertilizer, , graded areas have the potential to
. pesticides discharge into protected resource.
.... _......._.,areas._..._. _._......_...1
Leaking hydraulic oil and antifreeze
from clearing,grading and asphalt i
application construction equipment. ,
Asphalt, hydraulic oil, ; Gasoline and diesel fuel spills 1
Asphalt roads and i
driveways and i All gasoline,antifreeze,soil while fueling construction
construction site entrance j erosion,fertilizer, i equipment,and erosion of exposed
pesticides and stockpiled soils. Asphalt
i i chemicals can be released to
storm water if a rain event occurs
before curing is complete.
Plaster,cleaning I Accidental spills of paints and
solvents,asphalt, cleaning solvents, leaking hydraulic
concrete,paints, oil and antifreeze from construction
I hydraulic oil,gasoline, equipment,gasoline and diesel fuel
Building construction All antifreeze,soil erosion, , spills while fueling construction
fertilizer,pesticides, equipment,erosion of exposed and j
l glue/adhesives,curing ' stockpiled soils,and degradation of
compounds,wood I scrap dry wall can potentially
preservatives, kerosene contaminate storm water.
Soil erosion,fertilizer, I Ruts caused by logging equipment
Tree removal areas ; All ` can fill with water,preventing
pesticides 1 complete re-vegetation.
None
! i L No stormwater related issues with
All undisturbed areas ■ All
I. _... . .__._...._,___ __ ... ..''I 1 . _.... ,._completely vegetated areas.
2.3: Summary of Available Storm Water Sampling Data
' ,.No storm water sampling data is available for this site.
Regency Place
North Andover, Mass.
Pollution Prevention and
Operations and Maintenance Plan
Revised March 12, 2013
socks, silt fence, and hay bales shall be replaced as necessary. The inspection will
also verify that the procedures used to prevent storm water contamination from
construction materials and petroleum products are effective.
The maintenance inspection report will be made after each inspection. Copies of
the report forms to be completed by the Erosion Control Monitor are provided in
Appendix C of this report. Completed forms will be maintained on-site during the
entire construction project. Copies of the forms will be sent weekly to the
environmental monitor, design engineer, and North Andover Conservation
Commission. Following construction, the completed forms will be retained at the
general contractor's office for a minimum of one year.
If construction activities or design modifications are made to the site plan which
could impact storm water, this plan will be amended appropriately. The amended
plan will have a description of the new activities that contribute to the increased
pollutant loading and the planned source control activities.
4.1 Construction Phase
4.1.1 Erosion Control shall be inspected and maintained/reinforced
on a daily basis during construction.
4.1.2 Sediment built up along sedimentation barriers will be removed
when it has reached 6 inches in depth.
4.1.3 Sedimentation barriers will be inspected for depth of sediment,
for tears, to see if the fabric is securely attached to the fence
posts, and to see that fence posts are securely in the ground.
4.1.4 All exposed soil finish surfaces shall be immediately
landscaped and stabilized; or loamed, seeded and mulched
with a layer of mulch hay. Outside of the growing season,
surfaces shall be covered with a layer of mulch hay until climate
conditions allow for seeding.
4.1.5 Immediately upon installation of any catch basin or storm drain,
erosion control devices shall be set and staked around the inlet
to,prevent sediment from entering the drainage system prior to
paving. After binder pavement Siltsacks shall be installed in
each catch basin and shall be maintained until all upgradient
contributing areas are stabilized
4.1.6 All stockpile areas are to be covered if they are to remain for
over.14 days, and should have silt fencing staked around the
base.
4.1.7 During construction, all drainage structures shall be cleaned on
an as needed basis and/or after heavy rainfalls. Prior to the
placement of any impervious materials on site, all drainage
structures, swales, and infiltration basins shall be properly
installed and functional.
Regency Place
North Andover, Mass.
Pollution Prevention and
Operations and Maintenance Plan
Revised March 12,2013
4.3 Estimated Operations and Maintenance Budget
Any opinions of probable project cost or probable construction cost provided
by Christiansen & Sergi, Inc. are made on the basis of information available
to Christiansen & Sergi, Inc and on the basis of Christiansen & Sergi, Inc's
experience and qualifications, and represents its judgment as an
experienced and qualified professional engineer. However, since
Christiansen & Sergi, Inc has no control over the cost of labor, materials,
equipment or services furnished by others, or over the contractor(s') methods
of determining prices, or over competitive bidding or market conditions,
Christiansen & Sergi, Inc does not guarantee that proposals, bids or actual
project or construction cost will not vary from opinions of probable cost
Christiansen &Sergi, Inc prepares.
4.3.1 Deep Sump, Hooded Catch Basins & Stormceptor(4 times/yr.)
4.3.1.1 Vacuum Truck—2 hr @ $100/hr
4.3.1.2 Disposal - $100
Subtotal - $1,200/year
4.3.2 Infiltration Basins A& B
4.3.2.1 Mowing -4 hrs @ $50/hr (2 times/year)
4.3.2.2 Sediment Removal -2 hrs @ $50/hr(1 time/year)
4.3.2.3 Disposal - $100 (1 time/year)
4.3.2.4 .. Deep Tilling —8 hrs @ $100/hr(once per 10 yrs)
4.3.2.5 Re-vegetation - $500 (once per 10 yrs)
Subtotal - $730/year
4.3.3 Roof Runoff Infiltration Areas
4.3.3.1 Engineer-8 hr @ $150/hr. (1 time/yr.)
Subtotal - $1,200
Total Annual Estimated Operating Budget: $3,130
It is assumed.that the homeowners will mow and maintain the grass
swales in front of their homes as part of their normal lawn
maintenance, and that the owners of Lots 3 and 4 will mow and
maintain the infiltration basins as part of their normal lawn
maintenance,so no additional costs are associated with maintaining
these areas.
Regency Place
North Andover, Mass.
Pollution Prevention and
Operations and Maintenance Plan
January 10, 2013 r
Inspection and Maintenance Report Form
Infiltration Basins
a4, 1 Depth of any' E Depth of any ; Full 1 Condition, Condition of
Infiltration 9' p ;,y,. y i ,Vegetative of Basin .?Outfall from E
Standen
Basin' ' ' _ Sediment, ; • Coverer ! Side Slopes'.. Basin .!
.-`Water • �_�_ '._...
A ;
I
5
I
I C
I
i
D
Maintenance required for sediment basin(s):
To be performed by: On or before:
Regency Place (Amended Order of Conditions)
North Andover,Mass.
Pollution Prevention and Operation and Maintenance Plan
January 7,2015
Inspection and Maintenance Report Form
Crushed Stone Infiltration Trench w/Peastone Check Dams (Lot 8)
A Crushed Stone Infiltration Trench w/Peastone Check Dam located on Lot 8 is incorporated
into the overall stormwater drainage system. The general contractor of the project shall be
responsible for the Operation and Maintenance of the Trench during construction. Upon
completion of the project,the owner of the lot, and any successors, will be responsible for the
Operation and Maintenance of the Trench as outlined in below.
> Inspect Trench monthly for first three months after construction to ensure proper
functioning.
➢ Inspect Trench annually after initial three month period, and after larger storms when
washouts may occur.
> Maintain vegetation around Trench and remove any vegetation growing in Trench.
> Remove and dispose of any trash, debris, or sediment that may build up in Trench.
Crushed Stone Infiltration Trench
Inspected Sediment Cleaning
(Y/N) Depth needed Date Comments(Trash,Oil, Pet waste, Lawn Debris,
BMP (inches) (Y/N) Cleaned Damage)
Stone / /
Trench
P:\14\14-12\docs\permits-applications\conservation
,
andover 1 East River Place
consultants Methuen,Massachusetts 01844
inc. Tel.(978)687-3828
Fax(978)686-5100
www.andoverconsultants.com
Regency Place PRD Modification -
Special Permit — Planned Residential Development
Application Modification
Written Documentation
RECEIVED
TOWN CLERK'S OFFICE
NORTIf
°`{ t``° �".0 2014 NOV 13 PM 1: 45
TOVNOF
^ /
� �" 1g'.._ MASSACHUSETTS
S4tCHus*-
PLANNING DEPARTMENT
Community Development Division
Special Permit— Site Plan Review Application
Please type or print clearly.
1.Petitioner: North Andover Realty Corp.
Petitioner's Address: 66 Spring Hill Road North Andover, MA 01845
Telephone number: (978)479-2276
2.Owners of the Land: North Andover Realty Corp
Address: 66 Spring Hill Road North Andover, MA 01845
Number of years of ownership: >1 yr
3.Year lot was created: Prior to 1968
4. Description of Proposed Project:
Proposed project would be an amendment to a previously approved special permit for a six (6) lot Planned Residential
Development Subdivision by adding two (2) additional lots to what was previously approved and to extend the road
approximately 220'as necessary.
5.Description of Premises: 4 acres,plus 22.22 acres,one residential dwelling with frontage on Appleton Street
6.Address of Property Being Affected: 464 Appleton Street
Zoning District: R1
Assessors Map: 65 Lot#: 7,8,9, 55
Registry of Deeds:Book#: 6952 Page#: 319 and Book#: 13433 Page#: 63
7.Existing Lot:
Lot Area 26.22 acres Building Height: +/-20'
Street Frontage: 192' min Side Setbacks: 22' min
Front Setback: 400' Rear Setback: 800' min
Floor Area Ratio: n/a Lot Coverage: n/a
8.Proposed Lot(if applicable):
Lot Area(Sq.Ft): 21,780 Building Height: 35' max
Street Frontage: 100'min Side Setbacks: 20' min
Page 4 of 5
1600 Osgood Street,North Andover,Bldg.20,Suite 2-36 Planning Dept.,Massachusetts 01845
Phone 978.688.9535 Fax 978.688.9542 Web www.townofnorthandover.com
Edited 9/30/10
Front Setback:20' min Rear Setback: 20' min
Floor Area Ratio: n/a Lot Coverage: n/a
9.Required Lot(as required by Zoning Bylaw):
Lot Area(Sq. Ft): 21,780 Building Height: 30'
Street Frontage: 100' Side Setbacks: 20'
Front Setback: 20' Rear Setback: 20'
Floor Area Ratio: n/a Lot Coverage: n/a
10.Existing Building(if applicable):
Ground Floor(Sq.Ft.): 1,451' #of Floors: 1.5
Total Sq.Ft.: 2,111 Height: +/-20"
Use: residential Type of Construction: wood frame
11.Proposed Building:
Ground Floor(Sq.Ft.): 2,400 #of Floors: 2
Total Sq.Ft. 4,800 Height: 35' max
Use: residential Type of Construction: wood frame
12.Has there been a previous application for a Special Permit from the Planning Board on these premises?
yes If so,when and for what type of construction? January 2013, PRD -wood frame residential
13.Section of Zoning Bylaw that Special Permit Is Being
Requested 8.5 and 10.31
14.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 dismiss by the Planning Board of this application as incomplete.
a4,1,cee
Petitioner's Signature: "
Print or type name here: H Fl f2A-e- A. C-4 f0_t
Owner's Signature: C 0
Print or type name here: (1.+-64h2 L' 4. CAZd-u(..L.
15. Please list title of plans and documents you will be attaching to this
application. Development Statement (per Bylaw Section 8.5.6A)
Plan: Definitive PRD Subdivision- Regency Place Modification
Plan: Conventional Subdivision Proof Plan
Stormwater Management Report
Written Documentation
Check List: Compliance with Zoning Bylaw Section 8.5 and 10.31
Page 5 of 5
1600 Osgood Street,North Andover,Bldg.20,Suite 2-36 Planning Dept.,Massachusetts 01845
Phone 978.688.9535 Fax 978.688.9542 Web www.townofnorthandover.com
Edited 9/30/10
4
andover 1 East River Place
consultants Methuen, Massachusetts 01844
inc. Tel. (978) 687-3828
Fax (978) 686-5100
www.andoverconsultants.com
Regency Place
Planned Residential Development
Written Documentation-Site Plan Review Special Permit
November 3,2014
The Applicant,North Andover Realty Corp, is proposing a modification to a previously approved Special
Permit for a six lot Planned Residential Development by adding two additional lots for a total of eight
lots located on approximately 25.31 acres located at 464 Appleton Street North Andover, Massachusetts.
Encouraging the most appropriate use of land
The property is zoned for residential use by the Town of North Andover and has previously been
approved for a Planned Residential Development. The abutting properties have been developed for
residential use. The proposed residential use complies with both the zoning and the adjacent residential
uses and is therefore the most appropriate use of the land.
Preventing overcrowding of land
The minimum lot area in the Residential 1 district is two acres,the additional area added to the lot allows
for a maximum of two lots,while still providing additional open space that can used by the abutters and
Town.
Conserving the value of land and buildings
The assessed value of the land will increase once developed, while the undeveloped land will be
conserved as open space which will be available to the citizens of North Andover to whom it is not now
available.
Lessening Congestion of traffic
The proposed subdivision will increase the use of the land from three lots to eight lots. The development
of the additional lots will not cause an increase in current traffic congestion. Proper construction of the
subdivision roadway entrance onto Blue Ridge Road according to the subdivision standards will prevent
any congestion at the intersection.
Preventing undue concentration of populations
The proposed layout, opposed to the current zoning that allows two acre lots,prevents the undue
concentration of population. The current housing density in North Andover is approximately 0.6 housing
units/acre. The proposed modified project would provide a housing density of 0.31 housing units/acre,
approximately half the current housing density in Town.
Providing adequate light and air
Each dwelling will be provided with adequate light and air, as shown on the site plans.
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Civil Engineers • Land Surveyors • Land Planners
andover
j 'I consultants
I inc.
Reducing the hazards from fire and other danger
There are currently two fire hydrants that are located on the site, surrounded by wooded area, inaccessible
to the fire department. The proposed development will provide accessible and visible fire hydrants that
can be used in the event of a house fire or forest fire.
Assisting in the economical provision of transportation,water,sewerage,schools,parks,and other
public facilities
The developer will extend water and sewer services to the property. Additionally the open space
provided will be accessible to the public.
Controlling the use of bodies of water,including watercourses
The project will not have any effect upon the control of the use of water bodies.
Reducing the probability of losses resulting from floods
The proposed project will be constructed outside of the FEMA flood zone. Furthermore the project has
been designed to meet Stormwater Management Standards which ensures it will not increase flooding
within the subdivision or on adjacent properties.
Reserving and increases the amenities of the Town
The 17.99 acres of open space will increase the amenities of the Town.
Per Bylaw Section 10.31:
a) The specific site is an appropriate location for such a use, structure or condition.
The site is appropriate for the proposed subdivision because it is in an area zoned for such use. It
is also designed to meet the design requirements of the Subdivision Control regulations of North
Andover which makes it an appropriate design for the site.
b) The use as developed will not adversely affect the neighborhood.
The use of the property as a subdivision will not adversely affect the neighborhood because the
project is isolated from adjoining residential properties by wetlands, open space and non-
residential property(former railroad property). Furthermore the additional lots created by the
subdivision will have a minimal impact upon the surrounding lots.
c) There will be no nuisance or serious hazard to vehicles or pedestrians
The project has been designed to conform to Zoning and Planning Regulations and therefore,
does not present a nuisance or hazard to vehicles or pedestrians.
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andover
consultants
d) Adequate and appropriate facilities will be provided for the proper operation of the
proposed use.
}
A roadway, sewer main, water main,electricity and cable will be provided to the subdivision and
are part of the submitted design plans. These facilities are adequate and appropriate for the t?.
proper operation of the proposed use.
e) The proposed use is in harmony with the general purposes and intent of this Bylaw.
The use is in harmony with the general purpose and intent of the bylaw as shown by the fact that
it is in compliance with the bylaw.
fi
s"s
P:\14\14-12\Docs\permits-applications\Written Documentation_Special Permit
1 TowfRCELCEERKty S.4 f IG
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PLANNING DEPARTMENT
Community Development Division
Form C - APPLICATION FOR DEFINITIVE SUBDIVISON APPROVAL
Received;Town of North Andover Town Clerk(Date Stamp)
Stamp three(3)forms with the Town Clerk. File one(1)copy with the Town Clerk and two(2)with the Planning
Department.
To the Planning Board:
The undersigned, being an applicant under Chapter 41, 81-0, 81-T, 81-U, MGL,for approval of a proposed subdivision
plan, hereby submits a Definitive Plan and makes application for approval to the North Andover Planning Board:
The undersigned hereby applies for the approval of said Definitive plan by the Board, and in furtherance thereof hereby
agrees to abided by the Board's Rules and Regulations.The undersigned hereby further covenants and agrees with the
Town of North Andover, upon approval of said Definitive plan by the Board:
a. To install the utilities in accordance with the rules and regulations of the Planning Board, Department of Public
Works,the Board of Health,and all general as well as zoning by-laws of said Town,as are applicable to the
installation of utilities with the utilities within the limits of ways and streets;
b. To complete and construct the street or ways and other improvements shown thereon in accordance with Section
V and VI of the Rules and Regulations of the Planning Board, including all Appendices(I-VI)and Figures(1-27),
and the approved Definitive plan, profiles and cross-sections of the same. Said plan, profiles, cross-sections and
construction specifications are specifically, by reference, incorporated herein and made a part of this application.
This application and the covenants and agreements herein shall be binding upon all heirs, executors,
administrators, successors,grantees of the whole or part of said land, and assigns of the undersigned;and
c. To complete the aforesaid installations and construction within two(2)years from the date hereof.
Page 3 of 5
1600 Osgood Street,North Andover,BIdg.20,Suite 2-36 Planning Dept.,Massachusetts 01845
Phone 978.688.9535 Fax 978.688.9542 Web www.townofnorthandover.com
Edited 9/27/2010
1.Name of Applicant: North Andover Realty Corp
Address: 66 Spring Hill Rd North Andover,,'MA 01845
Signature of Applicant: ` �-��*�
2.Name of Subdivision: Regency Place
3.Location and Description of Property[include Assessor's Map&Lot and Zoning District(s)]-
464 Appleton Street North Andover. Massachusetts. Assessor's Map 65 lots 7. 8. 9 and 55.
all zoned Residence 1 District totally approximately 26.22 acres.
4.Address of Property Being Affected: 464 Appleton Street
Zoning District: R1
Assessors: Map#: 65 Lot# 7,8,9, and 55
5.Deed Reference: Book#:6952 Page#:319 and Book#:13433 Page#:63
Certificate of Title No.
6. Name of Surveyor/Engineer: Andover Consultants Inc.
Address: 1 East River Place Methuen, MA 01844
Easements and Restrictions of Record (Describe and Include Deed References)
NERD Book 1894, pg 140-Sewer and Utility Easement
7.Preliminary Plan Submitted? Yes ; Plan Approved? No ; Date:
Signature of Owner(s): ea)-1-0..0. _
Address: (9 SPAIN/C f-tf Lc- /47.4o Z, *14 v I jy 5
Received:Town of North Andover Town Clerk(date stamp):
Signature of Town Official Receiving this Application:
Page 4 of 5
1600 Osgood Street,North Andover,Bldg.20,Suite 2-36 Planning Dept.,Massachusetts 01845
Phone 978.688.9535 Fax 978.688.9542 Web www.townofnorthandover.com
Edited 9/27/2010
Form L
SIGNATURE REQUEST FOR PLAN REFERRAL ACKNOWLEDGEMENT
Departmental referral Form L with signature of department acknowledging receipt.
TO Director,DPW .,AG;„L
c
Town Engineer,DPW ��ekAg_._ 14A I .
4
Water& Sewer Department,DPW
Water Treatment Department i G ' Wv\
r
Fire Chief lh, /i�i�„∎
Conservation Administrator` , 'w 4 `,�
WV
Inspector of Buildings 1 "'------
Health Administrator frf.A.,--i—et--( /School Department �?� �'
Police Department , i”- �.
FROM Applicant North Andover Realty Corp
Date: 11/13/14
Re: Preliminary Plan
Definitive Subdivision
X Modification to a Subdivision
X Special Permit
Site Plan Review
Address of Development: 464 Appleton Street
A Public Hearing has been scheduled for the following date:
Please provide your written comments to the Planning Department by the following date:
(The Wednesday before the scheduled public hearing and/or scheduled Planning Board meeting).
Failure to provide written comments by this date will constitute your approval of this plan.
Thank you
Page 5 of 5
1600 Osgood Street,North Andover,BIdg.20,Suite 2-36 Planning Dept.,Massachusetts 01845
Phone 978.688.9535 fax 978.688.9542 Web www.townofnorthandover.com
Edited 9/27/2010
E
andover 1 East River Place
consultants Methuen, Massachusetts 01844
inc. Tel. (978) 687-3828 )
Fax (978) 686-5100 i'
www.andoverconsultants.com
Regency Place
Planned Residential Development
Written Documentation—Definitive Subdivision
November 3,2014
The Applicant,North Andover Realty Corp, is proposing a modification to a previously approved
Definitive Subdivision for a six lot Planned Residential Development by adding two additional lots for a
Y
total of eight lots located on approximately 25.31 acres located at 464 Appleton Street North Andover, ''.
Massachusetts.
i
5.1.5 Site Evaluation Statement
F
The applicant requests a waiver from this requirement as the modification to the subdivision will only be
adding two(2)lots.
5.1.6 Certified Copy of Deed/Proof of Ownership
i
See attached. E
{
5.1.7 List of Names of Abutters
See attached
5.1.8 List of Waivers
Waivers are requested from the following requirements of the Rules and Regulations Governing the
Subdividing of Land in North Andover:
1. Section 6.8.1,Table 1A: The minimum pavement width for a local residential street is 26 feet.
As this waiver was already granted for the original subdivision, a road with of 24'is proposed.
2. Section 6.8.1, Curbing: Granite curbing is required on all new streets.
c
The stormwater management system approved for the original subdivision will be used in the
modification and will feature a low impact design with roadside swales collecting sheetflow
runoff from the street.
3. Section 6.11, Sidewalk: Sidewalks are required on one side of local streets.
The country drainage and roadside swales will not allow for sidewalks on the street, with low
traffic expected, in the opinion of the applicant, this is not seen as an issue.
4. Section 6.18.1, Street Trees: Street trees are required to be located within the street right of way.
Street trees are proposed outside of the right of way.
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Civil Engineers • Land Surveyors • Land Planners
/-� andover consultants
y inc.
5. Section 6.21, Street Lighting: The Planning Board shall provide provisions for street lighting.
No street lighting is proposed.
6. Section 5.2.5.2.4 requires that benchmarks and elevations shown on the subdivision plans to be
based on the National Geodetic Vertical Datum of 1929 (N.G.V.D.).
The elevations shown on the plans reference N.A.V.D. of 1988 datum, which is the datum used on
the current FEMA maps for the Town of North Andover, and on the original subdivision. f'
7. Section 6.12.1 requires that monuments(4' long, 6"square concrete or granite bounds)be
installed at all street intersections, at all points of change in direction or a curvature of streets, at
2 property corners of all new lots, and at any other points where, in the opinion of the board,
permanent monuments are necessary. E
Monuments are proposed at all points of change in direction and at curvature of streets only.
Monuments are proposed to be 4'long and 5"square per 6.12.3.
8. Section 5.2.5.2.10 requires that all existing structures in the subdivision be shown on the lot
f
layout plan.
The existing buildings, which have already been razed, are not shown.
Waivers are requested from the following requirements of the Zoning Bylaws of the Town of North
Andover:
1. Section 8.5.6.D—Dimensional Regulations, Height Limitation: 30' or 2.5 stories.
As in the previously approved PRD, a waiver is requested to allow a height of 35 feet.
2. Section 8.5.6.D—Dimensional Regulations,Buffer Zone: A 50' border from the parcel boundary
running the full length of the perimeter of the parcel.
As in the previously approved PRD, a waiver is requested to allow for alternative landscaping.
t
5.1.9 Construction Schedule
The construction schedule will follow the general sequence outlined in the"Construction Sequence" plan
prepared by Christiansen& Sergi, Inc dated January 10, 2013 that was submitted and approved as part of
the initial PRD.
5.1.10 Type of Performance Bond
Tri-partite agreement or letter of credit.
P:\14\14-12\Docs\permits-applications\Written Documentation_Definitive Subdivision
Abutter to Abutter( ) Building Dept. (X ) Conservation (X ) Zoning ( X )
TOWN of NORTH ANDOVER
ABUTTER LIST
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 opposite on 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 t.
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.'
Sublect Property: ?_
MAP PARCEL'S Name Address
65 7,8,9,&55 North Andover Realty Corporation 66 Spring Hill Road,North Andover,MA 01845
LOCATION: Appleton Street,North Andover,MA 01845
Abutters Properties
Man Parcel's Name Address
65 10 Donna Ford 385 Appleton Street,North Andover,MA 01845
65 14 Woelk Egbert 50 Keys Way,North Andover,MA 01845
65 15 Scott Hammond 409 Blue Ridge Road,North Andover,MA 01845
65 34 Dale Beaudoin 365 Blue Ridge Road,North Andover,MA 01845 #;
65 34.A New England Power 40 Sylvin Road,Waltham,MA 02451
7.
65 47 Stephen Takesian P.O.Box 3,North Andover,MA 01845
65 48 Andrew Buttress 684 Salem Street,North Andover,MA 01845
65 53 Joyce Cooper 844 Salem Street,North Andover,MA 01845
65 56 Letourneau Realty Trust 700 Salem Street,North Andover,MA 01845
65 58 Timothy O'Brien 710 Salem Street,North Andover,MA 01845
65 63 Roger Mailhot 410 Blue Ridge Road,North Andover,MA 01845
65 130 Paul Pedro 102 Pine Ridge Road,North Andover,MA 01845
65 131,132 Town of North Andover 120 Main Street,North Andover,MA 01845
65 133 James Pangakis 138 Pine Ridge Road,North Andover,MA 01845
65 134 John Dias 150 Pine Ridge Road,North Andover,MA 01845
65 135 Scott Armondino 162 Pine Ridge Road,North Andover,MA 01845
65 136 David Mitton 370 Appleton Street,North Andover,MA 01845
65 137 Robert Sheehan 41 Pine Ridge Road,North Andover,MA 01845
65 138 David Sapienza 129 Pine Ridge Road,North Andover,MA 01845
65 139 Gary Lunetta 117 Pine Ridge Road,North Andover,MA 01845
65 151 John Lunny 20 Stage Coach Road,North Andover,MA 01845
65 152 John Percival 28 Stage Coach Road,North Andover,MA 01845
65 153 David Trombino 44 Stage Coach Road,North Andover,MA 01845
65 179 Canale Realty Trust 12 Hidden Court,North Andover,MA 01845
65 180 Thomas Papineau 312 Blue Ridge Road,North Andover,MA 01845
65 181 Mark Noyes 282 Blue Ridge Road,North Andover,MA 01845
65 182 Sean Connolly 266 Blue Ridge Road,North Andover,MA 01845
65 183 Daniel Flynn 16 Park Street,Wakefield,MA 01880
65 186 Jonathan Quint 345 Blue Ridge Road,North Andover,MA 01845
65 187 Michael Hall 317 Blue Ridge Road,North Andover,MA 01845
65 188 Karen Kinneman 299 Blue Ridge Road,North Andover,MA 01845
•
65 189 Christopher Skowronek 281 Blue Ridge Road,North Andover,MA 01845
65 190 A&C Hutchins Family Trust 265 Blue Ridge Road,North Andover,MA 01845
65 191 Paul Ciesielski 255 Blue Ridge Road,North Andover,MA 01845
65 198 First City Development Corp. 85 East India Row,Suite 29B,Boston,MA 02110
65 279 Wayne Chang 740 Salem Street,North Andover,MA 01845
65 280 Paul Dinunzio 10 Keys Way,North Andover,MA 01845
65 281 Eugene Garcia 30 Keys Way,North Andover,MA 01845
65 282 Larry Ayres 45 Keys Way,North Andover,MA 01845
65 300 Samuel Curry 810 Salem Street,North Andover,MA 01845
This certifies that the names appearing on the
records of the As -ssor ' Office as of
Certified by _/.,.& 'ice/ Date N--17'-.20//
Bk 13433 Pg63 #10955
04-19-2013 8 02:43p
ISQce Above This Line For Itecprding Data]
QUITCLAIM DEED
I,Claudia Dupuis of 464 Appleton Street,North Andover,Essex County,Massachusetts,
For consideration paid and in full consideration of Eight Hundred Eighty-Eight Thousand
and 00/100($888,000.00)Dollars,
Grant to North Andover Realty Corporation, a Massachusetts Corporation, 66 Spring Hill
Road,North Andover,MA,
1 With QUITCLAIM COVENANTS,
All my right, title, and interest in the land in North Andover with all the buildings thereon,
cn
bounded and described as follows to wit:
yi First Parcel: A certain piece of land known as `Bald Meadow" containing nine acres, more
or less, bounded, South and Southeast by land now or once of Fuller following the wall,
West and Southwest by land now or once of said Goodhue following the wall, north
Northwest and Northeast by land now or once of Nathan Foster following the wall;thence
East by land now or once of Isaac Foster following the wall,
Second P arcel: A certain farm formerl y the Homestead Farm of Phineas Foster deceased,
comprising about twenty acres of land,more or less,in the east part of said North Andover,
bounded Northerly by land now or once of Nathan Foster and William Simpson, East by
the old road and land now or once of Abijah P. Fuller and land once of William Johnson,Jr.
and by land now or once of John Johnson and the Salem Road, West by Salem Road and
land now or once of J. Prescott Foster and partly by land now or once of William Simpson.
PIMA narnt te:
MASSACHUSETTS STATE EXCISE TAX WALTERSLACEYLLP
MASSACHUSETTS
GREEN
26,C
Essex North RegistryCHESTNUT CHESTNGREEN
SEYEtsi FEDERAL STREET
Date: 04-19-2013 8 02:43pm DANVERS,MA 01923
Ctl#: 153 Doc#: 10955
Fee: $4,049.28 Cons: $888,000.00
k
a
Bk 13433 Pg65 #10955
COMMONWEALTH OF MASSACHUSETTS
Essex,ss. April LZ 2013
On this of April,2013 before me,the undersigned notary public,personally
appeared Claudia Dupuis and Denis Dupuis proved to me through satisfactory evidence of `''
identification, being (check whichever applies): W-driver's license or other state or federal
governmental document bearing a photographic image, 0 oath or affirmation of a credible
witness known to me who knows the above signatory, or 0 my own personal knowledge of
the identity of the signatory, to be the persons whose names are signed above, and
acknowledged the foregoing to be signed by them voluntarily for its stated purpose.
If ` //
Notary P •It . MkcjAct E. (ry4 vox
My Commission Expires: S.1111 j
"405, 16
NNW'Therm to:
M.gi �ij1 iei 4 - GISTER
ES$1""5 ti a- '4 s :11 14,1 •F DEEDS
E-RE C°RiffaVERS,MA01923
\, BK 6952 PG 319
l r
Quitclaim Deed
We, James A.J. Gann,of 74 Fox Hill Road, Nahant, Essex County, Massachusetts 01908
,Jeoffrey G. Gann,of 933 Ocean.Blvd,, Hampton, Rockingham County, f'
New Hampshire 03842 , and Blaine A. Gann, Individually and Blaine A. Gann as Executor
of the Estate of Margaret Simon a/k/a Margaret R. Simon, of 41 Merrimack Street, Methuen,
Essex County, Massachusetts, for consideration paid of TWO HUNDRED FIFTY ONE
THOUSAND THREE HUNDRED ($251,300.00) dollars, grant to David Blundin, of 19 New
Crossing Road,Reading,Middlesex County, Massachusetts,with Quitclaim Covenants.
The land in North Andover, Massachusetts, shown as the "Simon Parcel" on a plan entitled
"Definitive Subdivision Plan of The Pines, located in North Andover, Massachusetts, Owner
and Applicant Tuttle-Simon-Tymvakeiwicz sub-division, Appleton Street, North Andover,, a'
Massachusetts, Thomas E. Neve Associates, Inc., Engineers, 477 Old Boston Road, Topsfield,
Massachusetts, dated May 7, 1984 and revised to September 10, 1984," said plan recorded with
the North Essex Registry of Deeds on November 19, 1984 as Plan Number 9664.
The said parcel is more particularly described as follows:
NORTHERLY by lots 13, 14 and 15 as shown on said plan, 574.99 feet;tneBsaid 2'51
Lots being part of the remaining parcel containing 25 acres, more
or less conveyed to Benjamin C. Osgood and Harriett G. Osgood,
Trustees of Dale Street Trust, by deed of Margaret R. Simon,
recorded with the North Essex Registry of Deeds in Book 1894,
Page 144.
EASTERLY 294.01 feet by land of Tymvakeiwicz, as shown on said plan, in
five courses, Fifty one and 27/100 (51.27) feet, Forty-one and W
46/100 (41.46) feet, One hundred twenty-two and sixty-six CJ
(122.66) feet, Sixty-five and 51/100 (65.51) feet, and Thirteen and
11/100(13.11) feet, all as shown on said plan. {C','
SOUTHERLY by land of Anne and Claudia Tymvakeiwicz, Four hundred and
forty-nine and 99/100 (449.99) feet, in six courses, One hundred
one and 22/100 (101.22)feet, Seventy-one and 18/100(71.18) feet,
Seventy and 16/100 (70.16) feet, Thirty-three and 18/100 (33.18)
feet,One hundred twenty nine and 79/100(129.79) feet, and Forty- -
four and 46/100(44.46) feet, all as shown on said plan.
WESTERLY by land of Ann and Claudia Tymvakeiwicz, and by a portion of
Appleton Street, with a total of 450.00 feet, according to said plan
in six courses, One hundred fifty-one an 94/100 (151.94) feet, Six
and 77/100 (6.77) feet, Thirty-six and 41/100 (36.41) feet, forty-
seven and 53/100 (47.53) feet, One hundred sixteen and 18/100 St
(116.18) feet, and Ninety-one and 17/100 (91.17) feet, all as shown x p
on said plan.
1
andover 1 East River Place
,f'tt;*-'i
consultants Methuen,Massachusetts 01844
inc. Tel.(978)687-3828
Fax(978)686-5100
www.andoverconsultants.com
Regency Place PRD Modification -
Form C — Application for Definitive Subdivision Approval
Application Modification
Written Documentation and Support
k
This is to oerdfy that twenty(20)days 1/4\-y)46 '
have elapsed from date of decision,filed
without filing of ann�pPpeal. r;
Date Jvi1 a g,a?4!_3 FORTH .
Joyce A.Bradshaw 01...OA ,`"iyO
Town Clerk ?+ et;�-. • °.r, a�
} Y ` ,c' r c_cFIVCD
tc TMVa : .e€.r;'SOFFICE
• A o4 QueAtti.t.e. 47
-9 �g 2013 APR 25 AM 8: 53
,4 '►trio. 'C�
-s4ctiug'�
trY�;,i 0 .
!Kg::i! r`-f:r:r.iv1
!`1fl S S A Iiit;:,: 1 I v
PLANNING DEPARTMENT
Community Development Division
.1600 Osgood•Street
North Andover,Massachusetts,01845
Special Permit—Planned Residential Development
Any appeal shall be filed
within(20)days after the
date of filing this notice in
the office of the Town Clerk
Date: April 16,2013
Date of Hearing: February 19,2013,March 5,
2013,April 2,2013,April 16,2013
Date of Decision: April 16,2013
Petition of North Andover Realty Corp. - •
66 Spring Hill Road ,
•
North Andover,MA 01845 .
Premises Affected: 464 Appleton Street
Assessors Map 65,Parcels 8,9&55.
Referring to the above petition for Approval of a Special Permit for a Planned Residential Development
according to the requirements of the North Andover Subdivision Rules and Regulations,so as to construct a
six-lot subdivision,including the construction of a roadway with a cul-de-sac,the installation of starmwater
management infrastructure,the installation of underground'utilities,connections to existing water and sewer •
service and grading in the R-1 Zoning District
After a public hearing given on the above dates,and upon a motion by M.Colantbni and 2"d by L.Rudnicki
to APPROVE the Application for a Special Permit for a;Planned Residential Development,as amended,
and based upon the following conditions.A vote of 5-0 was made i favor of the application.
i it. jiii' /�
On behalf•• the North Ando//Planning Board
I John Simons,Chair
• i Richard Rowen
Michael Colantoni
Lora McSherry
•
Lynne Rudnicki
1
i
ATTEST: •
A True Copy
Town Clerk
This is to certify that twenty(20)days
have elapsed from date of decision,filed
without filing of an appeal.
Datt er�b Y tea.dO I3 µaRrH
Joyce A,Bradshaw of L■o • •14,
Town Clerk ., *4.1t' • f, aoL
° ," F ; % RECEIVED
it • * TOW:: "'_F:;It'S OFFICE
.144411.1 4` 2013 APR 25 Ali 8: 53
!40R rl. 7: tY
PLANNING DEPARTMENT
thf�YSAC3;l:';::'i
Community Development Division
1600 Osgood Street
North Andover,Massachusetts,01845
Decision—Definitive Subdivision Plan
Any appeal shall be filed
within(20)days after the g'
date of filing this notice in
the office of the Town Clerk
Date: April 16,2013
Date of Hearing: February I9,2013,March 5,
2013,April 2,2013,and April 16,2013
Date of Decision: April 16,2013
Petition of: North Andover Realty Corp.
66 Spring Hill Road
North Andover,MA 01845
Premises Affected: 464 Appleton Street
Assessors Map 65,Parcels 8,9&55.
Referring to the above petition for Approval of a Definitive Subdivision Plan according to the requirements
of the North Andover Subdivision Rules and Regulations,'so as to construct a six-lot subdivision,including
the construction of a roadway with a cul-de-sao;the installation of stormwater management infrastructure,the
installation of underground utilities,connections to existing water and sewer service and grading in the R-1
Zoning District E!
After a public hearing given on the above dates,and upon it motion by R.Rowan and 2"by M.Golantoni to
APPROVE the Application for a Definitive Subdivision Plan,as amended,and based upon the following
conditions.A vote of 4-0 was made in favor of the application.
•
0/. of the N• Andover Planning Board
Jo hn Simons,Chair
• Richard Raven
Michael Colantoni
1-ora Mr-Sherry
The Planning Board herein APPROVES the Application for a Definitive Subdivision to construct a six-lot
ATTEST: 1
A True Copy
Town Clark
Massachusetts Department of Environmental Protection Provided by MassDEP:
Ns; —� Bureau of Resource Protection-Wetlands MassDEP File#:242-1588
WPA Form 5 -Order of Conditions eDEP Transaction#:555351
Massachusetts Wetlands Protection Act M.G.L.c. 131,§40 City/Town:NORTHRNDOVER
A. General Information
1.Conservation Commission NORTH ANDOVER
2. Issuance a. F OOC b.E Amended OOC
3.Applicant Details
a.First Name CHARLES b.Last Name CARROLL
c.Organization NORTH ANDOVER REALTY CORP
d.Mailing Address 66 SPRING HILL ROAD
e.City/Town NORTH ANDOVER f.State MA g.Zip Code 01845
4.Property Owner
a.First Name CLAUDIA b.Last Name DUPUIS
c.Organization
d.Mailing Address 464 APPLETON ST.
e.City/Town NORTH ANDOVER f.State MA g.Zip Code 01845
5.Project Location
a.Street Address 464 APPLETON STREET
b.City/Town NORTH ANDOVER c.Zip Code 01845
d.Assessors Map/Plat# 65 e.Parcel/Lot# 8,9, 55
f.Latitude 42.67058N g.Longitude 71.08096W
6.Property recorded at the Registry of Deed for:
a.County b.Certificate c.Book d.Page
NORTHERN ESSEX 1107 153
7.Dates
a.Date NOI Filed: 3/15/2013 b.Date Public Hearing Closed: 5/8/2013 c.Date Of Issuance: 5/10/2013
8.Final Approved Plans and Other Documents
a.Plan Title: b.Plan Prepared by: c.Plan Signed/Stamped by: d.Revised Final Date: e.Scale:
DIFINITIVE P.R.D
SUBDIVISION
PLAN FOR CHRISTIANSEN& PHILIP G.CHRISTIANSEN, 4/4/13 1"=40'
REGENCY PLACE SERGI,INC. P.E.
SHEETS 7,9, 10, 11
&12
Page 1 of 10*ELECTRONIC COPY
Massachusetts Department of Environmental Protection Provided by MassDEP:
Bureau of Resource Protection- MassDEP File#:242-1588
WPA Form 5 - Order of Conditions eDEP Transaction#:555351
Massachusetts Wetlands Protection Act M.G.L.c. 131, §40 City/Town:NORTH ANDOVER
B. Findings
1.Findings pursuant to the Massachusetts Wetlands Protection Act
Following the review of the 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. F Public Water Supply b. I— Land Containing Shellfish c.F Prevention of Pollution
d. F Private Water Supply e. F Fisheries f F Protection of Wildlife Habitat
g. F Ground Water Supply h. F Storm Damage Prevention i. F Flood Control
2.Commission hereby fords the project,as proposed,is:
Approved subject to:
a.F 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:
b.I—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 interests of the Act,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.
c.I--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 interests of the
Act,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).
3.r Buffer Zone Impacts:Shortest distance between limit of project disturbance and the wetland resource
area specified in 310CMR10.02(1)(a). a.linear feet
Inland Resource Area Impacts:(For Approvals Only):
Resource Area Proposed Permitted Proposed Permitted
Alteration Alteration Replacement Replacement
4. I—Bank
a.linear feet b.linear feet c.linear feet d.linear feet
5.I— Bordering Vegetated Wetland
a.square feet b.square feet c.square feet d.square feet
6. I—Land under Waterbodies and Waterways
a.square feet b.square feet c.square feet d.square feet
Page 2 of 10*ELECTRONIC COPY
Massachusetts Department of Environmental Protection Provided by MassDEP:
y Bureau of Resource Protection-Wetlands MassDEP File#:242-1588
PA Form 5 -Order of Conditions eDEP Transaction#:555351
W
Massachusetts Wetlands Protection Act M.G.L.c. 131, §40 City/Town:NORTH ANDOVER
e.c/y dredged f.c/y dredged
7.r Bordering Land Subject to Flooding
a.square feet b.square feet c.square feet d.square feet
Cubic Feet Flood Storage
e.cubic feet f.cubic feet g.cubic feet h.cubic feet
8.E Isolated Land Subject to Flooding
a.square feet b.square feet
Cubic Feet Flood Storage
c.cubic feet d.cubic feet e.cubic feet f.cubic feet
9.r Riverfront Area 3105 3105
a.total sq.feet b.total sq.feet
Sq ft within 100 ft 3105 3105 1277 1277
c.square feet d.square feet e.square feet f.square feet
Sq ft between 100-200 ft
g.square feet h.square feet i.square feet j.square feet
Coastal Resource Area Impacts:
Resource Area Proposed Permitted Proposed Permitted
Alteration Alteration Replacement Replacement
10.r Designated Port Areas Indicate size under Land Under the Ocean,below
11.r Land Under the Ocean
a.square feet b.square feet
c.c/y dredged d.c/y dredged
12.r Barrier Beaches Indicate size under Coastal Beaches and/or Coastal Dunes below
13.E Coastal Beaches
a.square feet b.square feet c.c/y nourishment d.c/y nourishment
14.r Coastal Dunes
a.square feet b.square feet c.c/y nourishment d.c/y nourishment
15.r Coastal Banks
a.linear feet b.linear feet
16.r Rocky Intertidal Shores
a.square feet b.square feet
17.r Salt Marshes
a.square feet b.square feet c.square feet d.square feet
18.r Land Under Salt Ponds
a.square feet b.square feet
c.c/y dredged d.c/y dredged
Page 3 of 10*ELECTRONIC COPY
Massachusetts Department of Environmental Protection Provided by MassDEP:
Bureau of Resource Protection-Wetlands MassDEP File#:242-1588
WPA Form 5-Order of Conditions eDEP Transaction#:555351
Massachusetts Wetlands Protection Act M.G.L.c. 131, §40 City/Town:NORTH ANDOVER
19.I—Land Containing Shellfish
a.square feet b.square feet c.square feet d.square feet
Indicate size under Coastal Banks,inland Bank,Land Under the
20.I—Fish Runs Ocean,and/or inland Land Under Waterbodies and Waterways,
above
c.c/y dredged d.c/y dredged
21.r Land Subject to Coastal Storm Flowage
a.square feet b.square feet
22.
r Restoration/Enhancement(For Approvals Only)
If the project is for the purpose of restoring or enhancing a wetland resource area in addition to the square footage that has been
entered in Section B.5.c&d or B.17.c&d above,please entered the additional amount here.
a.square feet of BVW b.square feet of Salt Marsh
23.
r Streams Crossing(s)
If the project involves Stream Crossings,please enter the number of new stream crossings/number of replacement stream crossings.
a.number of new stream crossings b.number of replacement stream crossings
C. General Conditions Under Massachusetts Wetlands Protection Act
The following conditions are 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. If this Order constitutes an Amended Order of Conditions,this Amended Order of Conditions does not exceed the issuance
date of the original Final Order of Conditions.
7. 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.
8. This Order is not final until all administrative appeal periods from this Order have elapsed,or if such an appeal has been taken,
Page 4 of 10*ELECTRONIC COPY
Massachusetts Department of Environmental Protection Provided by MassDEP:
Bureau Protection-Wetlands MassDEP File#:242-1588
WPA F of Resource orm 5-Order of Conditions eDEP Transaction#:555351
City/Town:NORTH ANDOVER
Massachusetts Wetlands Protection Act M.G.L.c. 131,§40
until all proceedings before the Department have been completed.
9. 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 the 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..
10. 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'MassDEP"]
File Number:"242-1588"
11. 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 Mass DEP.
12. Upon completion of the work described herein,the applicant shall submit a Request for Certificate of Compliance(WPA Form
8A)to the Conservation Commission.
13. The work shall conform to the plans and special conditions referenced in this order.
14. Any change to the plans identified in Condition#13 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.
15. 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.
16. 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.
17. 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.
18. 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.
NOTICE OF STORMWATER CONTROL AND MAINTENANCE REQUIREMENTS
19. The work associated with this Order(the"Project")is(1) F is not(2)I- subject to the Massachusetts Stormwater Standards.
If the work is subject to Stormwater Standards,then the project is subject to the following conditions;
a) All work,including site preparation,land disturbance,construction and redevelopment,shall be implemented in accordance
with the construction period pollution prevention and erosion and sedimentation control plan and,if applicable,the
Stormwater Pollution Prevention Plan required by the National Pollutant Discharge Elimination System Construction General
Permit as required by Stormwater Standard 8.Construction period erosion,sedimentation and pollution control measures and
best management practices(BMPs)shall remain in place until the site is fully stabilized.
b) No stormwater runoff may be discharged to the post-construction stormwater BMPs unless and until a Registered
Professional Engineer provides a Certification that:i.all construction period BMPs have been removed or will be removed by
a date certain specified in the Certification.For any construction period BMPs intended to be converted to post construction
operation for stormwater attenuation,recharge,and/or treatment,the conversion is allowed by the MassDEP Stormwater
Page 5 of 10*ELECTRONIC COPY
Massachusetts Department of Environmental Protection Provided by MassDEP:
Bureau of Resource Protection-Wetlands MassDEP File#:242-1588
WPA Form 5 - rder of Conditions eDEP Transaction#:555351
Massachusetts Wetlands Protection Act M.G.L.c. 131,§40 City/Town:NORTH ANDOVER
Handbook BMP specifications and that the BMP has been properly cleaned or prepared for post construction operation,
including removal of all construction period sediment trapped in inlet and outlet control structures;ii..as-built final construction
BMP plans are included,signed and stamped by a Registered Professional Engineer,certifying the site is fully stabilized;iii.
any illicit discharges to the stormwater management system have been removed,as per the requirements of Stormwater
Standard 10;iv.all post-construction stormwater BMPs are installed in accordance with the plans(including all planting
plans)approved by the issuing authority,and have been inspected to ensure that they are not damaged and that they are in
proper working condition;v.any vegetation associated with post-construction BMPs is suitably established to withstand
erosion.
c) The landowner is responsible for BMP maintenance until the issuing authority is notified that another party has legally assumed
responsibility for BMP maintenance.Prior to requesting a Certificate of Compliance,or Partial Certificate of Compliance,the
responsible party(defined in General Condition 19(e))shall execute and submit to the issuing authority an Operation and
Maintenance Compliance Statement("O&M Statement")for the Stormwater BMPs identifying the party responsible for
implementing the stormwater BMP Operation and Maintenance Plan("O&M Plan")and certifying the following:i.)the O&M
Plan is complete and will be implemented upon receipt of the Certificate of Compliance,and ii.)the future responsible parties
shall be notified in writing of their ongoing legal responsibility to operate and maintain the stormwater management BMPs and
implement the Stormwater Pollution Prevention Plan.
d) Post-construction pollution prevention and source control shall be implemented in accordance with the long-term pollution
prevention plan section of the approved Stormwater Report and,if applicable,the Stormwater Pollution Prevention Plan
required by the National Pollutant Discharge Elimination System Multi-Sector General Permit.
e) Unless and until another party accepts responsibility,the landowner,or owner of any drainage easement,assumes
responsibility for maintaining each BMP.To overcome this presumption,the landowner of the property must submit to the
issuing authority a legally binding agreement of record,acceptable to the issuing authority,evidencing that another entity has
accepted responsibility for maintaining the BMP,and that the proposed responsible party shall be treated as a permittee for
purposes of implementing the requirements of Conditions 19(f)through 19(k)with respect to that BMP.Any failure of the
proposed responsible party to implement the requirements of Conditions 19(f)through 19(k)with respect to that BMP shall
be a violation of the Order of Conditions or Certificate of Compliance.In the case of stormwater BMPs that are serving more
than one lot,the legally binding agreement shall also identify the lots that will be serviced by the stormwater BMPs.A plan and
easement deed that grants the responsible party access to perform the required operation and maintenance must be submitted
along with the legally binding agreement.
f) The responsible party shall operate and maintain all stormwater BMPs in accordance with the design plans,the O&M Plan,
and the requirements of the Massachusetts Stormwater Handbook.
g) The responsible party shall:
1.Maintain an operation and maintenance log for the last three(3)consecutive calendar years of inspections,repairs,
maintenance and/or replacement of the stormwater management system or any part thereof,and disposal(for disposal the
log shall indicate the type of material and the disposal location);
2.Make the maintenance log available to MassDEP and the Conservation Commission("Commission")upon request;and
3.Allow members and agents of the MassDEP and the Commission to enter and inspect the site to evaluate and ensure
that the responsible party is in compliance with the requirements for each BMP established in the O&M Plan approved by
the issuing authority.
h) All sediment or other contaminants removed from stormwater BMPs shall be disposed of in accordance with all applicable
federal,state,and local laws and regulations.
i) Illicit discharges to the stormwater management system as defined in 310 CMR 10.04 are prohibited.
j) The stormwater management system approved in the Order of Conditions shall not be changed without the prior written
approval of the issuing authority.
k) Areas designated as qualifying pervious areas for the purpose of the Low Impact Site Design Credit(as defined in the
MassDEP Stormwater Handbook,Volume 3,Chapter 1,Low Impact Development Site Design Credits)shall not be altered
without the prior written approval of the issuing authority.
I) Access for maintenance,repair,and/or replacement of BMPs shall not be withheld.Any fencing constructed around
Page 6 of 10*ELECTRONIC COPY
Massachusetts Department of Environmental Protection Provided by MassDEP:
Bureau of Resource Protection-Wetlands MassDEP File#:242-1588
WPA Form 5 -Order of Conditions eDEP Transaction#:555351
Massachusetts Wetlands Protection Act M.G.L.c. 131,§40 City/Town:NORTH ANDOVER
stormwater BMPs shall include access gates and shall be at least six inches above grade to allow for wildlife passage.
Special Conditions:
SEE ATTACHED.
Page 7 of 10*ELECTRONIC COPY
Massachusetts Department of Environmental Protection Provided by MassDEP:
Bureau of Resource Protection-Wetlands MassDEP File#:242-1588
WPA Form 5-Order of Conditions eDEP Transaction#:555351
Massachusetts Wetlands Protection Act M.G.L. c. 131,§40 City/Town:NORTH ANDOVER
D. Findings Under Municipal Wetlands Bylaw or Ordinance
1. Is a municipal wetlands bylaw or ordinance applicable?F Yes f No
2. The Conservation Commission hereby(check one that applies):
a. f DENIES the proposed work which cannot be conditioned to
meet the standards set forth in a municipal ordinance or bylaw
specifically:
I.Municipal Ordinance or Bylaw 2.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 or Conditions is issued.Which are necessary to
comply with a municipal ordinance or bylaw:
b.
F APPROVES the proposed work,subject to the following
additional conditions.
NORTH ANDOVER
WETLANDS
1.Municipal Ordinance or Bylaw 2.Citation CHAPTER 178
PROTECTION
BYLAW
3. 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.
The special conditions relating to municipal ordinance or bylaw are as follows:
SEE ATTACHED.
Page 8 of 10*ELECTRONIC COPY
Massachusetts Department of Environmental Protection Provided by MassDEP:
Bure of Resource Protection- Wetlands MassDEP File#:242-1588
WPA Form 5- rder o eDEP Transaction#:
Massachusetts Wetlands O Protection Act M.ns G.L.c. 131, §40 City/Town:
E. Signatures
This Order is valid for three years from the date of issuance,unless otherwise specified 5 Q
pursuant to General Condition#4.If this is an Amended Order of Conditions,the Amended 1.Date of Original Order
Order expires on the same date as the original Order of Conditions.
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 o 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 property owner,if different from applicant.
Signatures:
Q.
•
k _,! j , 71-4
r by hand delivery on �Vby certified mail,return receipt requested,on
Date Date
F. 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 MassDEP
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 for Departmental Action Fee Transmittal Form,as provided in
310 CMR 10.03(7)within ten business days from the date of issuance of this Order.A copy of the request shall at the same time be
sent by certified mail or hand delivery to the Conservation Commission and to the applicant,if he/she is not the appellant.
Any appellants seeking to appeal the Department's Superseding Order associated with this appeal will be required to demonstrate prior
participation in the review of this project.Previous participation in the permit proceeding means the submission of written information to
the Conservation Commission prior to the close of the public hearing,requesting a Superseding Order,or providing written information
to the Department prior to issuance of a Superseding Order.
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.
Page 8 of 9*ELECTRONIC COPY
Massachusetts Department of Environmental Protection Provided by MassDEP:
Bureau of Resource Protection-Wetlands MassDEP File#:242-1588
WPA Form 5 -Order of Conditions eDEP Transaction#:555351
\ Massachusetts Wetlands Protection Act M.G.L.c. 131, §40
City/Town ANDOVER
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
this page 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:
464 APPLETON STREET 242-1588
Project Location MassDEP File Number
Has been recorded at the Registry of Deeds of:
County Book Page
for.
Property Owner CLAUDIA DUPUIS
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 Rev 4/1/2010
Page 10 of 10*ELECTRONIC COPY
DEP FILE#242 - 1588
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
20. The proposed work includes: construction of a six-lot subdivision, including a 600-foot
roadway with a cul-de-sac, six homes, the installation of stormwater management
infrastructure (for the entire subdivision including individual house lots),
underground utilities, and associated clearing, grading and landscaping portions of
which are within Riverfront Area and the Buffer Zones to Isolated Vegetated Wetland
(IVW) and Bordering Vegetated Wetland (BVW).
21. The work shall conform to the following (except as noted in the remainder of this
document where revisions may be required):
Applicant: Charles Carroll
North Andover Realty Corp.
66 Spring Hill Road
North Andover, MA 01845
Notice of Intent
prepared by: Philip Christiansen
Christiansen&Sergi, Inc. (CSI)
160 Summer Street
Haverhill, MA 01830
Dated: March 2013
Site Plans prepared by: Christiansen&Sergi, Inc.
Title: Definitive P.R.D. Subdivision Plan for
Regency Place in
North Andover, MA
Sheets: 7 of 12 Site Grading Plan
9 of 12 Erosion &Sedimentation Control Plan
10 of 12 Construction Details 1
11 of 12 Construction Details 2
12 of 12 Construction Details 3
Last Revised: 4/4/13
Stamped by: Philip G. Christiansen, P.E.
242-1588,464 Appleton Street subdivision 1 NACC 5/10/2013
•
DEP FILE#242 - 1588
25. 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.
26. 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.
27. The work authorized hereunder shall be completed within three years from the date of
this order.
28. This Order may be extended by the issuing authority for one but not more than two
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 of the North
Andover Wetland Regulations).
29. 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.
30. 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.
31. Any future project which proposes a wetland crossing in order to access certain
portions of the property will not be qualified as a limited project roadway under 310
CMR 10.53(e).
32. The following wetland resource areas are affected by the proposed work: Buffer Zone
to Isolated and Bordering Vegetated Wetland (IVW/BVW), Riverfront Area and
Inland 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.
242-1588,464 Appleton Street subdivision 3 NACC 5/10/2013
DEP FILE#242 - 1588
PRIOR TO CONSTRUCTION
39. No work shall be undertaken until all administrative appeal periods from this Order
have elapsed or, if such an appeal has been filed,until all proceedings before the
Department or Court have been completed.
40. This Order shall be recorded by the applicant at the Registry of Deeds immediately
after the expiration of all appeal periods. No work shall be undertaken until the Final
Order has been recorded in the Registry of Deeds or the Land Court for the district in
which the land is located,within the chain of title of the affected property. In the case
of recorded land, the Final Order shall also be noted in the Registry's Grantor Index
under the name of the owner of the land upon which the proposed work is to be done.
In the case of registered land, the Final Order shall also be noted on the Land Court
Certificate of Title of the owner of the land upon which the proposed work is to be
done. The recording information shall be submitted to the North Andover
Conservation Commission on the form at the end of this Order prior to
commencement of the work. Any Order not recorded by the applicant before work
commences may be recorded by the NACC at the applicant's expense.
41. A sign shall be displayed at the site not less than two square feet or more than three
square feet in size bearing the words "Massachusetts DEP,File Number 242-1588."
42. Any changes in the submitted plans caused by the applicant, another Board's decision
or resulting from this Order of Conditions must be submitted to the NACC for
approval prior to implementation. If the NACC finds said changes to be significant,
the NACC will call for another public hearing (at the expense of the applicant). Within
21 days of the close of said public hearing the NACC will issue an amended or new
Order of Conditions. Any errors found in the plans or information submitted by the
applicant shall be considered as changes. No work shall begin on a project until
written approval has been granted by the NACC.
43. It is the responsibility of the applicant, owner, and/or successor(s) to ensure that all
conditions of this Order of Conditions are complied with. The project engineer and
contractors are to be provided with a copy of this Order of Conditions and referenced
documents before commencement of construction.
44. Prior to any work commencing on-site, the applicant shall submit to the NACC for
approval, a detailed sequence of construction, including the installation of all
sedimentation/erosion control measures, clearing, grading, paving, restoration
planting and all other site work through final stabilization.
45. A construction sequence for the restoration of stream flow through two blocked
culverts will be submitted to the Conservation Department prior to the start of this
242-1588,464 Appleton Street subdivision 5 NACC 5/10/2013
DEP FILE #242 - 1588
conditioned on the completion of all conditions hereof, shall be signed by a party or
parties satisfactory to the NACC, and Town Counsel, and shall be released after
completion of the project,provided that provisions, satisfactory to the NACC, have
been made for performance of any conditions which are of continuing nature. The
applicant may propose a monetary release schedule keyed to completion of specific
portions of the project for the NACC's review and approval. This condition is issued
under the authority of the local ByLaw.
51. The applicant shall be responsible for placing signs on each parcel,where there is
more than one (1) lot, designating the applicable lot number as depicted on the plans
approved and referenced herein.
52. The applicant shall designate a Wetland Scientist (or other environmental professional
as approved by the NACC or its agent) 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. This person shall be given
the authority to stop construction for erosion control purposes. The Environmental
Professional will immediately notify the Conservation agent of any matter that
requires attention by the Commission or the agent. 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.
53. At least once during each week in which construction activities occurs on-site and for
as long thereafter as ground remains unstabilized, the applicant shall submit a written
report (with photos) 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. The Erosion Control Monitor shall be on site during
and/or following a major storm event of 1/2" inch of rain or greater (24 hour event) to
ensure that soils remain stable, and erosion controls are adequate and secure.
54. Prior to construction, the applicant shall permanently mark the edge of the "25' No-
Disturbance Zone" on all delineated wetlands with signs or markers spaced evenly
every 30 feet incorporating the following text: "Protected Wetland Resource Area"
and the associated rules (1 square for every 3 round markers). These markers will
designate the sensitivity of the resource area and assure no further inadvertent
encroachment into the wetland. These permanent markers are subject to review and $'
242-1588,464 Appleton Street subdivision 7 NACC 5/10/2013
DEP FILE#242 - 1588
incorporated in the Order of Conditions. 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 COC is obtained. Maintenance bills submitted
by cleaning contractors (catch basins, stormcepters, etc.) shall be submitted with
annual engineering reports. Following the issuance of a COC Stormwater
Management System Inspection Logs (as provided in the O&M Plan) and/or proof of
annual maintenance activities for all stormwater structures and activities shall be
maintained for a prior 5 year period and shall be available upon request for review by
the NACC or its agent in perpetuity.
60. Temporary and/or permanent basins and swales 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 structures.
61. 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.
62. Water quality in down gradient 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.
63. Stormwater infiltration basins shall not be used for snow stockpiling. No-Salt/No-
Snow Stockpiling signs shall be placed at the infiltration basins and shall be
maintained in perpetuity.
64. The applicants, homeowners, and their successors and assignees, shall maintain all
drainage structures, including bioretention areas, rain gardens, infiltration basins,
grassed swales, drainage channels 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.
SUBDIVISION LOT DEVELOPMENT
242-1588,464 Appleton Street subdivision 9 NACC 5/10/2013
DEP FILE#242 - 1588
jurisdictional areas unless the designated area and a plan for containment of sediment
are approved by the Conservation Department in advance.
74. All waste generated by, or associated with, the construction activity shall be contained
within the limit of work, 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.
75. Accepted engineering and construction standards and procedures shall be followed in
the completion of the project.
76. 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
77. 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.
78. 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 of Conditions and shall run with the title of the property. This
condition is issued under the authority of the Town's Wetland Protection ByLaw and
shall remain in perpetuity.
79. Upon completion of construction and grading, all disturbed areas located outside
resource areas shall be stabilized permanently against erosion. This shall be done by
loaming and seeding according to NRCS standards. Stabilization will be considered
complete once full vegetative cover has been achieved.
80. Upon approved site stabilization by Conservation staff, the erosion controls shall be
removed and properly disposed of and all exposed un-vegetated areas shall be
seeded.
242-1588,464 Appleton Street subdivision 11 NACC 5/10/2013
DEP FILE #242 - 1588
locations approved under DEP # 242-1588. 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;
➢ Resource Area Markers (Condition#54);
➢ Stormwater Management System Maintenance (Condition#59);
➢ No-snow Stockpiling/No-Salt Signs (Condition#63);
➢ Discharge or spillage of pollutants (Condition #76);
➢ Prohibition of underground fuels (Condition #77);
➢ Limitations on the use of fertilizers, herbicides, and pesticides (Conditions
#78).
➢ "Stormwater Operations and Management Plan", including Best
Management Practices attached. No additional filings will be required to
conduct maintenance of the above referenced system and plan.
242-1588,464 Appleton Street subdivision 13 NACC 5/10/2013
Section VIII: Pollution Prevention and
Operation and Maintenance Plan
Regency Place
North Andover, Mass.
Pollution Prevention and
Operations and Maintenance Plan
Revised March 12, 2013
2.0 IDENTIFICATION OF POTENTIAL STORMWATER POLLUTANTS
The purpose of this section is to identify pollutants that could impact storm water
during the construction of this project.
2.1 Significant Material Inventory
Pollutants that result from clearing, grading, excavation and building
materials that have the potential to be present in storm water runoff are listed
in Table 1. This table includes information regarding material type, chemical
and physical description and the specific regulated storm water pollutants
associated with each material.
2.2 Potential Areas for Storm Water Contamination
The following potential source areas of storm water contamination were
identified and evaluated:
• Cleared and graded areas;
• Asphalt roadway and driveway construction;
• Building construction;
• Construction site entrance;
• Tree removal areas;
• All undisturbed areas.
3
t
,
Regency Place
North Andover, Mass.
Pollution Prevention and
Operations and Maintenance Plan
Revised March 12, 2013
Table 3
BEST MANAGEMENT PRACTICE MAINTENANCE
BEST DRAINAGE TYPE MAINTENANCE
MANAGEMENT AREAS
PRACTICE $ (CONTROL
POINTS)
-Built up sediment will be removed from in front of the barrier
when it has reached 6 inches in depth.
Siltation Fence -Silt fences and silt socks will be inspected for depth of
and Staked Construction
Haybales,Silt All Phase sediment,for tears,to see if the fabric is securely attached to
Socks the fence posts,and to see that fence posts are securely in 1
the ground.
-The paved street adjacent to the site entrance will be swept
daily to remove excess mud,dirt,or rock tracked from the
site.
Stabilized -Dump trucks hauling material from the construction site are
Construction 1 Construction to have their payload covered with a tarpaulin.
Entrance • Phase -The stabilized construction entrance will be inspected for
sediment tracked on the road,for clean gravel,and to make
sure that the culvert beneath the entrance is working and that
all traffic use the stabilized entrance when leaving the site.
-Influent points to the infiltration basins will be stabilized with
rip-rap and/or crushed stone to avoid washout.
-To the extent practical,cleared and graded soils will be •
sloped to the infiltration basins or contributing drainage swale
system.
-Adjacent disturbed areas are to be brought to final finished
grade and stabilized. Bare ground that can not be
permanently stabilized within 30 days shall be stabilized with
mulch,hay or jute mats.
-The infiltration basin will be inspected for sediment and all
Construction built up sediment will be removed upon identification.
Infiltration 1,2 + Phase& -Remove sediment from the basin as necessary,but wait
Basins Permanent until the floor of the basin is thoroughly dry.
-Use light equipment to remove the top layer so as to not
compact the underlying soil.
-Deeply till the remaining soil,and re-vegetate as soon as
possible.
-At least twice a year, mow the buffer area,side slopes,and
• basin bottom.Remove grass clippings
and accumulated organic matter to prevent an impervious
organic mat from forming.Remove trash and debris at the
• same time.Use deep tilling to break up clogged surfaces,
and re-vegetate immediately.
-Inspect units four(4)times per year and at the end of the
foliage and snow removal seasons.
Stormceptor 1 Permanent -Sediment shall be removed four(4)times per year or
whenever the depth of sediment is greater than or equal to
Regency Place
North Andover, Mass.
Pollution Prevention and
Operations and Maintenance Plan
Revised March 12, 2013
Table 2 presents site specific information regarding storm water pollution potential
for each of these areas.
Table 2
Locations of Potential Sources of Storm Water Contamination
POTENTIAL STORM
WATER CONTAMINATION DRAINAGE POTENTIAL POTENTIAL PROBLEMS .
POINT AREAS POLLUTANTS .
I Erosion of soils from cleared and i
Cleared and graded areas i All Soil erosion,fertilizer, graded areas have the potential to
pesticides , into protected resource ;
areas 1
i Leaking hydraulic oil and antifreeze
from clearing,grading and asphalt i
application construction equipment.
Asphalt roads and Asphalt, hydraulic oil, : Gasoline and diesel fuel spills i
driveways and All gasoline,antifreeze,soil while fueling construction ■
construction site entrance erosion,fertilizer, ■ equipment,and erosion of exposed
pesticides and stockpiled soils. Asphalt
chemicals can be released to
storm water if a rain event occurs
before curing is complete.
Plaster,cleaning Accidental spills of paints and
solvents,asphalt, cleaning solvents, leaking hydraulic
concrete,paints, oil and antifreeze from construction
hydraulic oil,gasoline, equipment,gasoline and diesel fuel
Building construction All antifreeze,soil erosion, , spills while fueling construction
fertilizer,pesticides, equipment,erosion of exposed and
glue/adhesives,curing : stockpiled soils,and degradation of
compounds,wood ' scrap dry wall can potentially II
preservatives, kerosene contaminate storm water__
Soil erosion,fertilizer,
Ruts caused by logging equipment
Tree removal areas All pesticides can fill with water,preventing
_ complete re-vegetation.
i I No stormwater related issues with
All undisturbed areas All None completely vegetated areas.
2.3. Summary of Available Storm Water Sampling Data
' ,.No storm water sampling data is available for this site.
Regency Place
North Andover, Mass.
Pollution Prevention and
Operations and Maintenance Plan
Revised March 12, 2013
2.6.5 Fertilizers will be applied only in the minimum amounts
recommended by the manufacturer.
2.6.6 Fertilizers will be worked into the soil to limit exposure to storm
water.
2.6.7 Fertilizers will be stored in a covered shed and partially used
bags will be transferred to a sealable bin to avoid spills.
2.6.8 All vehicles on site will be monitored for leaks and receive
regular preventative maintenance to reduce the chance of
leakage.
2.6.9 Petroleum products will be stored in tightly sealed containers
which are clearly labeled.
2.6.10 Spill kits will be included with all fueling sources and
maintenance activities.
2.6.11 Any asphalt substances used on-site will be applied according
to the manufacturer's recommendation.
2.6.12 Sanitary waste will be collected from portable units a minimum
of three times a week to avoid overfilling.
2.6.13 A covered dumpster will be used for all waste materials.
2.6.14 All paint containers and curing compounds will be tightly sealed
and stored when not in use. Excess paint will not be
discharged into the storm sewers, but will be properly disposed
of in accordance to the manufacturer's instructions.
2.6.15 Materials and equipment necessary for spill clean up will be
kept in the temporary material storage trailer on-site.
Equipment will include, but not be limited to, brooms, dust
pans, mops, rags, gloves, goggles, kitty litter, sand, saw dust,
and plastic and metal trash containers.
2.6.16 Spray guns will be cleaned on a removable tarp.
2.6.17 All spills will be cleaned up upon discovery. Spills large enough
to reach the storm water treatment system will be reported to
the engineer, environmental monitor, North Andover
Conservation Commission and the Nation Response Center at
(800) 424-8802.
2.6.18 Concrete trucks will not be allowed to wash out or discharge
surplus concrete or drum wash water on the site.
2.6.19 Form release oil used for building foundations will be applied
over a pallet covered with an absorbent material to collect
excess fluid. The absorbent material will be replaced and
disposed of properly when saturated.
2.6.20 When testing/cleaning water supply lines, the discharge from
the tested pipe(s)will be collected and conveyed to a
completed section of the storm sewer for discharge into the
sedimentation basin.
Regency Place
North Andover, Mass.
Pollution Prevention and
Operations and Maintenance Plan
Revised March 12, 2013
socks, silt fence, and hay bales shall be replaced as necessary. The inspection will
also verify that the procedures used to prevent storm water contamination from
construction materials and petroleum products are effective.
The maintenance inspection report will be made after each inspection. Copies of
the report forms to be completed by the Erosion Control Monitor are provided in
Appendix C of this report. Completed forms will be maintained on-site during the
entire construction project. Copies of the forms will be sent weekly to the
environmental monitor, design engineer, and North Andover Conservation
Commission. Following construction, the completed forms will be retained at the
general contractor's office for a minimum of one year.
If construction activities or design modifications are made to the site plan which
could impact storm water, this plan will be amended appropriately. The amended
plan will have a description of the new activities that contribute to the increased
pollutant loading and the planned source control activities.
4.1 Construction Phase
4.1.1 Erosion Control shall be inspected and maintained/reinforced
on a daily basis during construction.
4.1.2 Sediment built up along sedimentation barriers will be removed
when it has reached 6 inches in depth.
4.1.3 Sedimentation barriers will be inspected for depth of sediment,
for tears, to see if the fabric is securely attached to the fence
posts, and to see that fence posts are securely in the ground.
4.1.4 All exposed soil finish surfaces shall be immediately
landscaped and stabilized; or loamed, seeded and mulched
with a layer of mulch hay. Outside of the growing season,
surfaces shall be covered with a layer of mulch hay until climate
conditions allow for seeding.
4.1.5 Immediately upon installation of any catch basin or storm drain,
erosion control devices shall be set and staked around the inlet
to prevent sediment from entering the drainage system prior to
paving. After binder pavement Siltsacks shall be installed in
each catch basin and shall be maintained until all upgradient
contributing areas are stabilized
4.1.6 All stockpile areas are to be covered if they are to remain for
over.14 days, and should have silt fencing staked around the
base.
4.1.7 During construction, all drainage structures shall be cleaned on
an as needed basis and/or after heavy rainfalls. Prior to the
placement of any impervious materials on site, all drainage
structures, swales, and infiltration basins shall be properly
installed and functional.
Regency Place
North Andover, Mass.
Pollution Prevention and
Operations and Maintenance Plan
Revised March 12, 2013
once per year. Re-seed periodically to maintain
the dense growth of grass vegetation.
4.2.3 Infiltration Basins
4.2.3.1 Inspect after every major storm for the first few
months to ensure it is stabilized and functioning
properly and if necessary take corrective action.
Note how long water remains standing in the
basin after a storm; standing water within the
basin 48 to 72 hours after a storm indicates that
the infiltration capacity may have been
overestimated. If the ponding is due to clogging,
immediately address the reasons for the clogging
(such as upland sediment erosion, excessive
compaction of soils, or low spots)
4.2.3.2 Thereafter, inspect the infiltration basin at least
twice per year. Important items to check during
the inspection include:
Signs of differential settlement,
Cracking,
Erosion,
Leakage in the embankments,
• Tree growth on the embankments,
Condition of riprap,
Sediment accumulation,
and the health of the turf.
4.2.3.3 At least twice a year, mow the buffer area, side
slopes, and basin bottom. Remove grass
clippings and accumulated organic matter to
prevent an impervious organic mat from forming.
Remove trash and debris at the same time.
4.2.3.4 Remove sediment at inlet once per year or as
needed.
4.2.3.5 Use deep tilling to break up clogged surfaces, and
re-vegetate immediately. Remove sediment from
the basin as necessary, but wait until the floor of
the basin is thoroughly dry. Use light equipment to
remove the top layer so as to not compact the
underlying soil. Deeply till the remaining soil, and
re-vegetate as soon as possible.
4.2.3.6 Remove sediment from forebay once per year.
Regency Place
North Andover, Mass.
Pollution Prevention and
Operations and Maintenance Plan
Revised March 12, 2013
4.3 Estimated Operations and Maintenance Budget
Any opinions of probable project cost or probable construction cost provided
by Christiansen & Sergi, Inc. are made on the basis of information available
to Christiansen & Sergi, Inc and on the basis of Christiansen & Sergi, Inc's
experience and qualifications, and represents its judgment as an
experienced and qualified professional engineer. However, since
Christiansen & Sergi, Inc has no control over the cost of labor, materials,
equipment or services furnished by others, or over the contractor(s') methods
of determining prices, or over competitive bidding or market conditions,
Christiansen & Sergi, Inc does not guarantee that proposals, bids or actual
project or construction cost will not vary from opinions of probable cost
Christiansen & Sergi, Inc prepares.
•
4.3.1 Deep Sump, Hooded Catch Basins & Stormceptor(4 times/yr.)
4.3.1.1 Vacuum Truck—2 hr @ $100/hr
4.3.1.2 Disposal - $100
Subtotal - $1,200/year
4.3.2 Infiltration Basins A& B
4.3.2.1 Mowing - 4 hrs @ $50/hr(2 times/year)
4.3.2.2 Sediment Removal -2 hrs @ $50/hr(1 time/year)
4.3.2.3 Disposal - $100 (1 time/year)
4.3.2.4 Deep Tilling — 8 hrs @ $100/hr(once per 10 yrs)
4.3.2.5 Re-vegetation - $500 (once per 10 yrs)
Subtotal - $730/year
4.3.3 Roof Runoff Infiltration Areas
4.3.3.1 Engineer- 8 hr @ $150/hr. (1 time/yr.)
Subtotal - $1,200
Total Annual Estimated Operating Budget: $3,130
It is assumed that the homeowners will mow and maintain the grass
swales in front of their homes as part of their normal lawn
maintenance, and that the owners of Lots 3 and 4 will mow and
maintain the infiltration basins as part of their normal lawn
maintenance,;so no additional costs are associated with maintaining
these areas.
Appendix C
Stormwater Management System Inspection Logs
Regency Place
North Andover, Mass.
Pollution Prevention and
Operations and Maintenance Plan
January 10, 2013
Inspection and Maintenance Report Form
Infiltration Basins
Depth of any ; '' Full Condition 11 (Condition of
Infiltration Standing Depth of any ? 'Vegetative ' of Basin x outfall from
Basin' Sediment
Water Cover? • Side Slopes `':Basin
1
A
B .
t
■ 1
C 1
i
D
1
I I
Maintenance required for sediment basin(s):
yk
To be performed by On or before:
Regency Place
North Andover, Mass.
Pollution Prevention and
Operations and Maintenance Plan
January 10, 2013
Inspection and Maintenance Report Form
Perimeter Controls:
Date:
Silt Fence and Hay Bales
Has Silt If a Problem
i Is Fence Y .y ,:Is There �...
Drainage Reached 6" Depth of : is Found
Area Depth? Silt? Properly{ ;Evidence of, y
Secured? Overtopping? , List Nearest j
des/No) ` Flag No
(To Blue
Ridge Road
&Mosquito '
Brook)
2
(To j !
Abandoned
R.R. Right-
of-Way)
3
(To Isolated
Wetlands)
Maintenance required for silt fence and hay bales:
To be performed by: On or before:
t►ORTH
ti0
? 4 a OL
o r lVD
% 4b * 2013 APR 25 . jj�, 8 5j
COCNICONWKM V1 •• `+� 53
��Dq.4 TED 01'`
is HuSfc�
PLANNING DEPARTMENT
Community Development Division
1600 Osgood Street
North Andover,Massachusetts,01845
Decision—Definitive Subdivision Plan
Any appeal shall be filed
within(20)days after the
date of filing this notice in
the office of the Town Clerk.
Date: April 16,2013
Date of Hearing: February 19,2013, March 5,
2013,April 2, 2013, and April 16,2013
Date of Decision: April 16, 2013
Petition of: North Andover Realty Corp.
66 Spring Hill Road
North Andover, MA 01845
Premises Affected: 464 Appleton Street
Assessors Map 65,Parcels 8,9&55.
Referring to the above petition for Approval of a Definitive Subdivision Plan according to the requirements
of the North Andover Subdivision Rules and Regulations, so as to construct a six-lot subdivision, including
the construction of a roadway with a cul-de-sac,the installation of stormwater management infrastructure,the
installation of underground utilities, connections to existing water and sewer service and grading in the R-1
Zoning District.
After a public hearing given on the above dates, and upon a motion by R. Rowen and 2nd by M. Colantoni to
APPROVE the Application for a Definitive Subdivision Plan,as amended, and based upon the following
conditions.A vote of 4-0 was made in favor of the application.
O ∎ehalf of the No Andover Planning Board
John Simons,Chair
Richard Rowen
Michael Colantoni
Lora McSherry
The Planning Board herein APPROVES the Application for a Definitive Subdivision to construct a six-lot
1
Regency Place,464 Appleton Street
Map 65,Parcels 8,9&55
subdivision, including the construction of a roadway with a cul-de-sac, connections to existing water and
sewer service and grading in the R-1 Zoning District, Map 65, Parcels 8,9,55. The application was filed with
the Planning Board on January 17,2013. The public hearing on the above referenced application was opened
on February 19, 2013, and closed by the North Andover Planning Board on April 16, 2013. The applicant
submitted a complete application, which was noticed and reviewed in accordance with Section IV of the
Town of North Andover Rules and Regulations Governing the Subdivision of Land.
The Planning Board makes the following findings as required by section 5.6 of the North Andover Rules
and Regulations Governing the Subdivision of Land:
FINDINGS OF FACT:
In accordance with Section 5.6 of the North Andover Zoning Rules and Regulations Governing the
Subdivision of Land,the Planning Board makes the following findings:
A. The Definitive Subdivision Plan dated January 10, 2013, and last revised April 22, 2013 are
both substantially complete and technically adequate, except as amended herein.
B. The "Plan of Lots" (Sheet 2 of 12)" for the Definitive Subdivision Plan last dated April 22,
2013 shows a lot layout that depicts the creation of six lots, all of which have frontage on a
new cul-de-sac. The Applicant has also applied for a Special Permit for a Planned Residential
Development(PRD)thus conforming to all applicable zoning requirements.
C. The Planning Board finds that the proposed Definitive Subdivision Plan showing the creation
of a cul-de-sac is in keeping with the character of the neighborhood. This design was
reviewed and approved for safety access by the North Andover Fire Department.
D. The Planning Board has also found that the layout of the subdivision conforms to the
topographical features of the surrounding area, and thus has less impact on the environment
and surrounding neighborhoods.
E. The proposed roadway layout provides for adequate access to the six new lots on a new cul-
de-sac that will be safe and convenient for travel.
F. The roadway layout and stormwater management systems as depicted in Sheet 7 of 12(Site
Grading Plan) have been found to provide a design that is compatible with the surrounding
neighborhood, in that it provides for adequate drainage and stormwater management.
G. The installation of Low Impact Development(LID) stormwater structures along the proposed
roadway and on the individual lots has been shown to be effective in mitigating and treating
stormwater. The Planning Board finds that these structures have been designed using best
management practices and will effectively mitigate any increase in stormwater runoff as a
result of the creation of the subdivision.
H. All Plans and related submissions were reviewed by the Town's outside consultants and were
found to be in conformance with the Town of North Andover's Rules and Regulations
Governing the Subdivision of Land.
I. The roadway depicted on the Definitive Plan reduces danger to life and limb in the operation
of motor vehicles.
J. The Definitive Plan secures safety in the case of fire, flood, panic and other emergencies.
The new roadway will provide adequate access for emergency situations.
K. The Definitive Plan secures adequate provisions for water, sewerage, drainage, underground
utility services, fire, police and other similar municipal equipment, and other requirements
where necessary in a subdivision.
L. The Definitive Plan has been reviewed by the Department of Public Works and the Fire
Department and has been found to be acceptable.
M. The Definitive Plan conforms to the design and construction standards described in the
Subdivision Rules and Regulations, with the exceptions of waivers granted in Condition 2.
2
Regency Place,464 Appleton Street
Map 65,Parcels 8,9&55
Upon reaching the above findings,the Planning Board approves this Definitive Subdivision Plan based upon
the following SPECIAL CONDITIONS:
1) Permit Definitions:
A. The "Locus" refers to the approximately 22 acre parcel of land as shown on Assessors Map 65,
Parcels 8, 9, and 55,and also known as 464 Appleton Street,North Andover, Massachusetts.
B. The "Plans" refer to the plans prepared by Christiansen & Sergi, Inc. dated January 10, 2013,
revised on April 22, 2013,titled "Definitive Subdivision P.R.D. Plan for "Regency Place" in North
Andover, MA", submitted by applicant North Andover Realty Corp., 66 Spring Hill Road, North
Andover,Ma 01845.
C. The "Project" or "464 Appleton Street" refers to the construction of a six-lot subdivision,
including the construction of a roadway with a cul-de-sac, the installation of stormwater
management infrastructure,the installation of underground utilities, connections to existing water
and sewer service and grading in the R-1 Zoning District.
D. The "Applicant" refers to North Andover Realty Corp., the applicant for the Definitive
Subdivision Plan Approval.
E. The"Project Owner"refers to the person or entity holding the fee interest to the title to the Locus
from time to time,which can include but is not limited to the applicant, developer,and owner.
2) The roadway, utilities and stormwater management systems will be constructed according to the Plans,
with the following waivers granted by the Town of North Andover Planning Board, according to the
provisions of the Town of North Andover Rules and Regulations Governing the Subdivision of Land.
These waivers are hereby granted in consideration of the fact that the design of the roadway was changed
from that of a conventional subdivision road to the less intrusive roadway design as presented on the
approved Definitive Subdivision Plan :
A. Section 5.1.5. Site Evaluation Statement. The applicant has provided sufficient written
descriptions and plan outlining the features of the existing site.
B. Section 5.4 Environmental and Community Impact Statement. The proposed 6-lot subdivision
will not have a significant environmental or community impact.
C. Section 6.8.1 Table 1A. Minimum pavement width for a local residential street is 26 ft. 24' is
proposed. Impervious area will be decreased,thus reducing the volume of stormwater runoff in
the subdivision and in the surrounding neighborhood.
D. Section 6.9 A. No curbing is provided on the sidelines of the street to allow collection of
stormwater runoff into LID structures.
E. Section 6.11.No sidewalks are proposed,reducing impervious area. A donation will be made to
the sidewalk fund, in an amount to be determined by the Planning Department and the
Department of Public Works.
The Board deems that each of the foregoing waivers is in the public interest and consistent with the intent
and purpose of the Subdivision Control Law and the Rules and Regulations and such waivers are hereby
granted. With respect to those waivers concerning development standards above, the Planning Board also
makes a finding, in accordance with Section 2.7.4 of the Subdivision Regulations, that the waived
requirements will not impair the functioning, long term maintenance nor appearance of the future
3
Regency Place,464 Appleton Street
Map 65,Parcels 8,9&55
development of the land shown on the Plan, will not result in an adverse impact for the areas adjacent to
the land shown on the Plan, and is consistent with the Board's development objectives.
3) With the exception of the catch-basins located within the ROW of the new cul-de-sac, the drainage
structures, including swales along the edge of the roadway and the cul-de-sac, Stormceptors located
within the ROW of the new cul-de-sac, and the two infiltration basins located within the Open Space
parcels,will be maintained in perpetuity by Homeowner's Association, with the terms of ownership and
maintenance to be documented in the Homeowner's Association Declaration of Trust. The Easement
which will be granted to the Homeowner's Association.
4) The easement document describing the"Utility and Access Easement"as shown on the plan to be located
on Lot 4, will contain language allowing public pedestrian access across this easement. This easement
will be granted to the Town of North Andover.
5) The Infiltration basins located on Lots 3 and 4 will be maintained by the owners of those lots, with the
terms of ownership and maintenance to be documented in the respective deeds for each lot.
6) All roof infiltration systems that are located on individual lots are to be maintained by the owners of
those lots, with the terms of ownership and maintenance to be documented in the respective deeds for
each lot.
7) Any trees located outside of the ROW will be maintained by either the Home Owner's Association or by
the owner of the lot, with the terms of ownership and maintenance to be documented in the Home
Owner's Association Declaration of Trust and in the respective deeds for each lot.
8) The Town Planner shall approve any changes made to these plans. Any changes deemed substantial
by the Town Planner would require a public hearing and modification by the Planning Board.
9) In consideration of the approval of the Plan,there is to be no further extension of the cul-de-sac. This
restriction is to be documented in the respective deeds for each lot in the subdivision.
PRIOR TO ENDORSEMENT OF THE PLAN
1) Prior to endorsement of the plans by the Planning Board the applicant shall adhere to the following:
A. A covenant (FORM I) securing all lots within the subdivision for the construction of ways and
municipal services must be submitted to the Planning Board. Said lots may be released from the
covenant upon posting of security as required in Condition 2 under "PRIOR TO ANY LOTS
BEING RELEASED FROM THE STATUTORY COVENANT".
B. A Site Opening Bond in the amount of ten thousand ($10,000)dollars to be held by the Town of
North Andover. The Site Opening Bond shall be in the form of a check made out to the Town
of North Andover that will be placed into an interest bearing bond account.
C. Unless the drainage structures are to be maintained by the town, a recorded Homeowner's
Association Agreement shall be submitted, containing the provision that the stormwater drainage
structures, as noted in SPECIAL CONDITION #3, will be maintained by the Association and the
Easement will be granted to the Homeowner's Association. The applicant must submit to the Town
Planner a FORM M for all utilities and easements placed on the subdivision.
D. All drainage, water and sewage facilities designs shall be approved by the North Andover Division
of Public Works.
E. All stormwater structures to be maintained by the Homeowner's Association, including the
Stormceptor unit located within the ROW of the new cul-de-sac, the infiltration basins, the grassed
4
Regency Place,464 Appleton Street
Map 65,Parcels 8,9&55
swales, the drainage channels, and the two Stormwater Infiltration Basins located within the Open
Space shall be shown on the plan.
F. The language for the proposed access and drainage easement on Lot 4 shall be submitted to the
Planning Office.
G. The applicant must meet with the Town Planner in order to ensure that the plans conform to the
Board's decision. These plans must be submitted within ninety (90) days of filing the decision with
the Town Clerk.
H. The Subdivision Decision must be recorded with the Essex North District Registry of Deeds and the
list of waivers for this project must appear on the mylars.
I. A Development Schedule must be submitted for signature by the Town Planner.
J. All documents shall be prepared at the expense of the applicant, as required by the Planning Board
Rules and Regulations Governing the Subdivision of Land.
K. The applicant shall designate an independent construction monitor who shall be chosen in
consultation with the Planning Department. The construction monitor must be available upon
four (4) hours notice to inspect the site with the Planning Board designated official. The
construction monitor shall make weekly inspections of the project and file monthly reports to the
Planning Board throughout the duration of the project. The monthly reports shall detail area of
non-compliance, if any, and actions taken to resolve these issues.
L. The applicant will provide copies of all Decisions, Notification and Orders of Conditions from
the North Andover Conservation Commission.
M. Easement documents, deed restrictions, Homeowner's Association Agreements and maintenance
agreements concerning the drainage structures must be submitted and reviewed and approved by
Town Counsel and the Town Engineer prior to recording. All easements and restrictions shall
remain in perpetuity.
N. If, as a result of any decision made by another Town Board,the proposed plan as approved by the
Planning Board is changed, the Applicant shall provide those changes to the Planning Board for
approval.
PRIOR TO THE START OF ANY CONSTRUCTION AND/OR SITE WORK
1) The record plans must be endorsed by the Planning Board and both this decision and the plans must
be recorded by the applicant at the Registry of Deeds.
2) Three(3) copies of the signed, recorded Plans, Decision and two copies of the following recorded
documents must be delivered to the Planning Department: Subdivision Approval Form M,
Easement documents, homeowners' agreement and maintenance documents referred to in
Condition 3 under"Special Conditions"and in sections F and M as referred to in section PRIOR
TO THE ENDORSEMENT OF THE PLAN in this Decision.
3) Yellow"Caution"tape must be placed along the limit of clearing and grading as shown on the plan.
The Planning Staff must be contacted prior to any cutting and or clearing on site
4) All applicable erosion control measures must be in place and reviewed and approved by the
Planning Department.
5) A pre-construction meeting must be held with the developer,their construction employees, Planning
Department and Building Department (and other applicable departments) to discuss scheduling of
inspections to be conducted on the project and the construction schedule.
6) hi lieu of constructing sidewalks, the applicant has agreed to make a contribution to the sidewalk
fund. The DPW and the Planning Department will determine the amount of the contribution and
5
Regency Place,464 Appleton Street
Map 65,Parcels 8,9&55
evidence of DPW's determination and a receipt for the contribution must be retained in the Planning
Department file.
PRIOR TO ANY LOTS BEING RELEASED FROM THE STATUTORY COVENANTS
1) The applicant must submit a lot release(FORM J)to the Planning Board for signature.
2) A Performance Guarantee in an amount to be determined by the Town Engineer and by the Town
Planner, shall be posted to ensure completion of the work in accordance with the Plans approved as
part of this conditional approval. The bond must be in the form acceptable to the North Andover
Planning Board. Items covered by the Bond may include,but shall not be limited to:
A. as-built drawings;
B. sewers and utilities;
C. roadway construction and maintenance;
D. lot and site erosion control;
E. site screening and street trees;
F. drainage facilities;
G. site restoration;
H. final site cleanup.
3) A Letter stamped by a Professional Engineer stating that the proposed HDPE pipes used for the
drainage system has been installed per manufacturer's specification.
PRIOR TO THE ISSUANCE OF A BUILDING PERMIT
1) The road must be constructed to binder paving with stabilized shoulders and drainage swale in place.
2) A Plot Plan for the lot in question must be submitted to include the following:
a. Location of the structure
b. Location of the driveway
c. Location of all water and sewer lines
d. Any grading called for on the lot
e. Location of drainage,utility and other easements.
f. The Plot Plan must be provided in paper form as well as in a SDF (Standard Digital File)
format.
3) All appropriate erosion control measures for the lot shall be in place.
4) All catch basins shall be protected and maintained with hay bales to prevent siltation into the drain
line during construction.
5) The lot in question shall be staked in the field. The location of any major departures from the plan
must be shown.
6) Lot numbers,visible from all roadways must be posted on all lots.
DURING CONSTRUCTION
1) Any stockpiling of materials (dirt, wood, construction material, etc.) must be shown on a plan and
6
Regency Place,464 Appleton Street
Map 65,Parcels 8,9&55
reviewed and approved by the Planning Staff. Any approved piles must remain covered at all times
and fenced off to minimize any dust problems that may occur with adjacent properties.
2) It shall be the responsibility of the developer to assure that no erosion from the site of construction
shall occur which will cause deposition of soil or sediment upon adjacent properties or public ways,
except as normally ancillary to off-site sewer or other off-site construction. Off-site erosion will be
a basis for the Planning Board making a finding that the project is not in compliance with the plan;
provided, however, that the Planning Board shall give the developer written notice of any such
finding and ten days to cure said condition.
3) In an effort to reduce noise levels, the developer shall keep in optimum working order, through
regular maintenance,any and all equipment that shall emanate sounds from the structures or site.
PRIOR TO THE ISSUANCE OF A CERTIFICATE OF OCCUPANCY
1) House numbers for each lot must be posted so as to be seen from the street.
2) All slopes shall be stabilized, as determined by the Planning Board, with regard to erosion and
safety.
3) All lots must be raked, loamed and seeded, sodded or mulched, if the weather does not permit
seeding or sodding.
4) It shall be the developer's responsibility to assure the proper placement of the driveways
regardless of whether individual lots are sold. The Planning Board requires any driveway to be
moved at the owner's expense if such driveway is at a catch basin or stone bound position.
5) The Planning Board reserves the right to review the site after construction is complete and require
additional site screening as it deems necessary and reasonable.
6) The applicant must submit a letter from the architect and engineer of the project stating that the
building and site layout substantially comply with the plans referenced at the end of this decision as
endorsed by the Planning Board.
PRIOR TO THE FINAL RELEASE OF ALL SECURITY AND ESCROWED FUNDS
1) A final as-built plan showing final topography, the location of all on- site utilities, structures and
drainage facilities must be submitted to the Planning Department. The as-built must be provided
in paper form as well as in SDF (Standard Digital File)format.
2) The Planning Board must by a majority vote make a finding that the site is in conformance with the
approved plan.
3) The Town Planner shall ensure that all Planning, Conservation, Board of Health and Division of
Public Works requirements are satisfied and that construction was in strict compliance with all
approved plans and conditions.
4) The roadway and all stormwater management systems must be constructed according to the plans
approved by the Planning Board
7
Regency Place,464 Appleton Street
Map 65,Parcels 8,9&55
GENERAL CONDITIONS
1) The contractor shall contact Dig Safe at least 72 hours prior to commencing any excavation.
2) Gas, Telephone, Cable and Electric utilities shall be installed underground as specified by the
respective utility companies.
3) The hours for construction shall be limited to between 7:00 a.m. and 5:00 p.m. Monday through
Friday and between 8:00 a.m. and 5:00 p.m. on Saturday.
4) The provisions of this conditional approval shall apply to and be binding upon the applicant, its
employees and all successors and assigns in interest or control.
5) Any action by a Town Board, Commission, or Department, which requires changes in the plan or
design of the building, as presented to the Planning Board, may be subject to modification by the
Planning Board.
6) Any revisions shall be submitted to the Town Planner for review. If these revisions are deemed
substantial,the developer must submit revised plans to the Planning Board for approval.
7) The following information shall be deemed part of the decision:
Plan titled: "Definitive P.R.D. Subdivision Plan for"Regency Place"in North Andover,MA"
Prepared for North Andover Realty Corp.
66 Spring Hill Road
North Andover,MA 01845
Prepared by: Christiansen&Sergi,Inc. fi
160 Summer Street
Haverhill,MA 001830
Scale: 1"=40'
Date: January 10, 2013, revised on March 12, 2013, March 27, 2013 and April 4, 2013
and April 22, 2013
Sheets: 1-12
Report:Stormwater Management Report
Prepared for: North Andover Realty Corp.
66 Spring Hill Road
North Andover,MA 01845
Prepared by Christiansen&Sergi, Inc.
160 Summer Street
Haverhill,MA 01830
Date: January 10,2013,Rev.March 12,2013
cc: Town Departments
Applicant
Engineer
Abutters
Assessor
8
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A� �o�N,g∎Ke 2013 APR 25 A8 8: 53
7 AOR�T!O �'Pto 46)
iSSAC HUSt'
PLANNING DEPARTMENT
Community Development Division
1600 Osgood Street t
North Andover,Massachusetts,01845
Special Permit—Planned Residential Development
Any appeal shall be filed
within(20)days after the
date of filing this notice in
the office of the Town Clerk.
Date: April 16,2013
Date of Hearing: February 19, 2013, March 5,
2013, April 2, 2013,April 16, 2013
Date of Decision: April 16, 2013
Petition of North Andover Realty Corp.
66 Spring Hill Road
North Andover, MA 01845
Premises Affected: 464 Appleton Street
Assessors Map 65,Parcels 8,9&55.
Referring to the above petition for Approval of a Special Permit for a Planned Residential Development
according to the requirements of the North Andover Subdivision Rules and Regulations, so as to construct a
six-lot subdivision, including the construction of a roadway with a cul-de-sac, the installation of stormwater
management infrastructure, the installation of underground utilities, connections to existing water and sewer
service and grading in the R-1 Zoning District.
After a public hearing given on the above dates, and upon a motion by M. Colantoni and 2nd by L. Rudnicki
to APPROVE the Application for a Special Permit for a Planned Residential Development,as amended,
and based upon the following conditions.A vote of 5-0 was made 'I favor of the application.
f 7 i'97 / �
On behalf`/the North Ando Planning Board
John Simons, Chair
Richard Rowen
Michael Colantoni
Lora McSherry
Lynne Rudnicki
Regency Place 464 Appleton Street
Map 65, parcels 8, 9 & 55
The Town of North Andover Planning Board hereby grants the Special Permit for a Planned
Residential Development, known as Regency Place comprised of a 6 single family lot Planned
Residential Development ("PRD") together with associated Usable Open Space. North Andover
Realty Corp, 66 Spring Hill Road, North Andover, MA 01845, submitted a complete application
on January 17, 2013. The application was noticed and reviewed in accordance with the
procedures for approval described in Sections 8.5, 10.3 and 10.31 of the Town of North Andover
Zoning Bylaw (the "Bylaw") and MGL c.40, sec. 9. The area affected is located on what was
formerly a portion of Appleton Street, off of Blue Ridge Road, and is in the Residence 1 (R-1)
Zoning District.
The Planning Board makes the following findings as required by the Bylaw, Sections 10.3 and
10.31.
a. The specific site is an appropriate location for a Planned Residential Development as the
property would yield 6 parcels with a conventional subdivision design, ranging in size
from 87, 120 sq. ft. to 352,912 sq. ft vs. the 6 new parcels ranging in size from 22,484 sq.
ft. to 39,794 sq. ft. with the PRD design. This PRD plan minimizes the amount of
disturbance on the existing slopes, vegetation, wetlands and abutting properties by taking
advantage of the reduced lot size. Also, this layout preserves in excess of sixteen (16)
acres of the property through a perpetual open space restriction.
b. The proposed plan conforms to the Rules and Regulations Governing the Subdivision of
Land of the Town of North Andover, with the exception of a waiver from Section 6.8.1,
Table 1A, Length of cul-de-sac. The Board has granted this waiver based on the fact that
the subdivision layout conforms to the topography of the land and in particular, will not
disturb the steep slopes located at the Appleton St. and will not provide a connection to
Appleton St.
c. The use as developed will not adversely affect the neighborhood as this site is located in a
residential area and there are approximately 16 acres of Usable Open Space associated
with the development. The character of the project will reflect the rural aesthetic
presently defined by the surrounding Blue Ridge Road neighborhood.
d. The proposed subdivision layout provides more than the required Open Space as stated in
the Town of North Andover Bylaw. The minimum Open Space required is 7.8 acres and
the proposed project provides 16.4 acres. The minimum upland Open Space required is
5.8 acres and the upland Open Space provided is 7.9 acres.
e. There will be no nuisance or serious hazard to vehicles or pedestrians. The proposal has
been reviewed by the Town's consulting engineer, demonstrates that the development of
6 new homes will have a negligible impact on the present traffic volumes associated with
Blue Ridge Road.
f. Adequate and appropriate facilities will be provided for the proper operation of the
proposed use Each home will be connected to municipal sanitary sewer and water
connections, minimizing the chance of unwanted pollutants entering the groundwater.
Page 2 of 7
Regency Place 464 Appleton Street
Map 65, parcels 8, 9 & 55
In'accordance with Section 8.5 of the Bylaw the Planning Board finds that the proposed PRD is
in harmony with the general purpose and intent of the Bylaw, including Sections 8.5 and 10.3,
and the proposed PRD contains residential development and Usable Open Space in a variety to
be sufficiently advantageous to the Town and promotes the public health, safety, and welfare of
the citizens of the Town of North Andover which renders it appropriate to depart from the
requirements of the Bylaws otherwise applicable to the zoning district in which the parcel is
located.
In particular, the Planning Board finds that the project will
a. Promote the more efficient use of land in harmony with its natural features by preserving
additional open space, reducing the amount of clearing and excavation normally
associated with the construction of residential dwellings on a site such as this, and
facilitates the economical and efficient provision of utilities;
b. Protect water bodies and supplies, wetlands, floodplains, hillsides, wildlife and other
natural resources due to the preservation of open space, and the project design minimizes
and protects such natural resources;
c. Encourage the preservation of open space. The applicant has provided approximately 16
acres of the property as Useable Open Space;
d. Permit greater flexibility and more attractive and efficient design of residential
development. The subdivision design both proposes and allows preservation of the
existing rural character around Blue Ridge Road, while conforming to the goals and
policies of the Master Plan of the Town of North Andover;
e. Meet the Town's housing needs.
f The Planning Board also finds that a base density of 6 house lots is appropriate for the
PRD as a conventional subdivision design would also yield 6 new single-family homes.
g. The Planning Board herein grants a waiver from strict compliance with Section 8.5
Paragraph 6, Section D, Height Limitation. Specifically, the Planning Board finds that
allowing a height limitation of 35 feet as opposed to the 30 ft. limitation for PRDs is
consistent with the existing single family dwelling units in the surrounding area and that
allowing an increase in height will not have an adverse impact on the surrounding
neighborhood. In addition, the proposed plan conforms to the Rules and Regulations
Governing the Subdivision of Land of the Town of North Andover, with the exception of
a waiver from Section 6.8.1, Table 1A, Length of cul-de-sac. The Board has granted this
waiver based on the fact that the subdivision layout conforms to the topography of the
land and in particular, will not disturb the steep slopes located at the Appleton St. and
will not provide a connection to Appleton St.
Page 3 of 7
Regency Place 464 Appleton Street
Map 65, parcels 8, 9 & 55
h. The plan provides for the required 50 ft. buffer along the rear lot line for parcels 1, 2, 3
and 4. The applicant is allowed to work within this buffer zone on lot 2 in order to
demolish the existing home, with tree clearing allowed only for the purpose of the
demolition.
Finally, the Planning Board finds that the Planned Residential Development complies with the
Bylaw requirements and grants a Special Permit subject to the following conditions:
1. The developer shall designate an independent Construction Monitor who shall be chosen in
consultation with the Planning and Community Development Staff The Construction
Monitor must be available upon four (4) hours notice to inspect the site with the Planning
Board designated official. The Construction Monitor shall make weekly inspections of the
project, meet weekly with the Town Planner and file monthly written reports to the Board,
detailing areas of non-compliance and with the plans and conditions of approval.
2. It shall be the responsibility of the developer to assure that no erosion on the site shall occur
which will cause deposition of soil or sediment upon adjacent properties or public ways,
except as normally ancillary to off-site sewer and other off-site construction. Off-site erosion
will be a basis for the Planning Board making a finding that the project is not in compliance
with the plan.
3. Prior to endorsement of the plans by the Planning Board and recording with the Registry
of Deeds the applicant shall meet all of the requirements stated in the Definitive Subdivision
decision dated April 16, 2013, "PRIOR TO ENDORSEMENT OF THE PLAN".
4. With the exception of the catch-basins located within the ROW of the new cul-de-sac, the
drainage structures, including swales along the edge of the roadway and the cul-de-sac,
Stormceptors located within the ROW of the new cul-de-sac, and the two infiltration basins
located within the Open Space parcels, will be maintained in perpetuity by Homeowner's
Association, with the terms of ownership and maintenance to be documented in the
Homeowner's Association Declaration of Trust. The Easement which will be granted to the
Homeowner's Association
5. The easement document describing the "Utility and Access Easement" as shown on the plan
to be located on Lot 4 will contain language allowing pedestrian access across this easement.
The easement shall be granted to the Town of North Andover.
6. Prior to receipt of a Certificate of Completion (Form K) required to be obtained for the
project described in the Definitive Subdivision Decision, a perpetual restriction of the type
described in M.G.L. Chapter 184, Section 31 running to or enforceable by the Town shall be
recorded with respect to this land. Such restriction shall provide that the Usable Open Space
shall be retained in perpetuity for one or more of the following uses: conservation,
agriculture, or recreation, subject to certain easements and restrictions to be described
therein. Documents to this effect shall be drafted by the applicant and reviewed by the
Page 4 of 7
Regency Place 464 Appleton Street
Map 65, parcels 8, 9 & 55
Planning Staff prior to the release of any of the lots from the covenant described in Condition
• 5 of the Definitive Subdivision Conditional Approval.
7. The designated Usable Open Space parcels shall be transferred in ownership to one of the
following groups:
a. A non-profit organization or trust whose members are all the homeowners and occupy the
homes;
b. Private organization including but not limited to the Trustees of Reservations, or Essex
County Greenbelt Association whose primary function is preserving open space;
c. The Town of North Andover;
d. Any Group as indicated by the Planning Board, which exists or is created for the purpose
of preserving open space for the owners of the homes located in the PRD.
As referenced in condition #4 above, Documents to this effect shall be drafted by the
applicant and reviewed by the Planning Staff prior to the release of any of the lots from the
covenant described in Condition 5 of the Definitive Subdivision Conditional Approval. Final
Documents must be fully executed and recorded with the Essex North Registry of Deeds
prior to final release of any roadway bond or security.
7. Prior to Construction, Yellow Hazard tape must be placed along the no-cut line as shown
on the approved plans, or as otherwise designated, and must be inspected by the Town
Planner. The Town Planner must be contacted to review the marked tree line prior to any
cutting on site. The applicant shall then supply a copy of a plan, prepared by a registered
professional engineer, certifying that the trees have been cut in accordance with the approved
plans.
8. Prior to releasing individual lots from the statutory covenants, the Planning Board must by
majority vote make a specific finding that the Erosion and Siltation Control Program is being
adhered to, and that any unforeseen circumstances have been adequately addressed.
9. The Planning Board approves the following parameters for house designs: Traditional/New
England Style with clapboard, shingle, brick, or stone facades; architectural roof shingles or
shakes; and minimum finished interior living space of approximately 2,800 square feet.
Final elevations and footprints shall be submitted to the Planning Department prior to the
release of individual lots from the statutory covenants. Any changes deemed substantial by the
Town Planner shall be presented to the Planning Board for a determination as to whether such
changes should be discussed at a public meeting and/or hearing, or might otherwise require a
modification to the original Special Permit approval.
10. After the conveyance of each residential lot, the applicant must provide the Planning
Department with a copy of each deed evidencing the following language:
Page 5 of 7
Regency Place 464 Appleton Street
Map 65,parcels 8, 9 & 55
• "As required by the PRD Special Permit issued by the Town of North Andover Planning
Board, dated , the Buyer of Lot within the Regency Place
subdivision acknowledges that the Open Space Parcels, or easements, shown on the
plans, which have been or will be conveyed to an appropriate homeowners association,
conservation organization, agricultural trust or the Town of North Andover through its
Conservation Commission, as determined by the Planning Board, for conservation,
agricultural and/or recreational purposes, shall provide the Town with the right, but shall
not impose any obligation on the Town, to maintain the Open Space parcels in any
particular state or condition, notwithstanding the Town's acceptance of such Open Space
parcels".
11. Prior to verification of a Certificate of Occupancy. The applicant must submit a letter from
the architect and engineer of the project stating that the building and site layout substantially comply with
the plans referenced at the end of this decision as endorsed by the Planning Board.
12. Tree cutting shall be kept to a minimum throughout the project to minimize erosion and
preserve the natural features of the site If any tree cutting occurs outside of the no-cut line
as shown on the plan, a reforestation plan must be submitted as outlined in Section 5.8(6) of
the Zoning Bylaw.
13. This special permit approval shall be deemed to have lapsed after April 16, 2015 (two years
from the date permit granted) unless substantial construction of roadway and utilities has
commenced.
14. The provisions of the Special Permit shall apply to and be for the benefit of and binding upon
the applicant, its employees, contractors and subcontractors and all successors in interest or
control.
15. The developer shall implement and follow all requirements set forth in this decision, and as
outlined in the plans and reports referenced below. Failure to comply with all requirements
herein and the conditions of this approval shall be the basis for the Planning Board, voting by
majority vote, to stop all site work and construction until defects on the site are corrected and
the development is put back into plan compliance. Plan compliance will be solely determined
by a majority vote of the Planning Board based upon the developers written comments and
the conditions contained herein.
16. The Town Planner shall approve any insubstantial changes made to the plans and reports
described in Section 9 and Section 16. Any changes deemed substantial by the Town Planner
shall be presented to the Planning Board for a determination as to whether such changes should
be discussed at a public meeting and/or hearing, or might otherwise require a modification to the
original Special Permit approval.
17. The following shall be deemed part of the decision:
Plan titled: Definitive P.R.D. Subdivision Plan for"Regency Place"in North Andover,
MA
Page 6 of 7
Regency Place 464 Appleton Street
Map 65, parcels 8, 9 & 55
Prepared For: North Andover Realty Corp.
Prepared By: Christiansen& Sergi,Inc.
160 Summer Street
Haverhill,MA 01830
Dated: January 10,2013,revised: April 22,2013
Sheets: 1 through 12
Scale: 1"=40'
Report: Stormwater Management Report
Prepared For North Andover Realty Corp.
Prepared By Christiansen& Sergi, Inc.
160 Summer Street
Haverhill,MA 01830
Dated: January 10,2013,Rev.April 22,2013
Page 7 of 7
soRTH Tr
1
° ,6
° .F ---* A 2013 JAN 17 PH I: 34
reRT
S34CHUS PASS Af
PLANNING DEPARTMENT
Community Development Division
Special Permit— Planned Residential Development
Please type or print clearly,
1. Petitioner: NORTH ANDOVER REALTY CORP.
Petitioner's Address: 66 SPRING HILL ROAD, NO ANDOVER, MA 01845
Telephone number: (978)479-2276
2.Owners of the Land: CLAUDIA DUPUIS
Address: 464 APPLETON ST, NO ANDOVER, MA 01845
Number of years of ownership: 25 YR+
3.Year lot was created: PRIOR 1968
4. Description of Proposed Project: REGENCY PLACE 6 LOT PLANNED RESIDENTIAL DEVELOPMENT
COMBINE 3 LOTS, RAZE EXISTING DWELLING WITH FRONTAGE ON APPLETON STREET.
See attached Development Statement
5. Description of Premises: 22.2243 ACRES, ONE RESIDENTIAL DWELLING WITH FRONTAGE ON APPLETON STREET
6.Address of Property Being Affected: 464 APPLETON STREET
Zoning District: R1
Assessors Map: 65 Lot#: 8, 9 AND 55
Registry of Deeds: Book#: 1107 Page#: 153
Page 4
1600 Osgood Street,North Andover, BIdg.20,Suite 2-36 Planning Dept.,Massachusetts 01845
Phone 978.638.9535 Fax 978.688.9542 Web www.townofnorthandover.com
Edited 9,'28;10
7. Existing Lot: 3 lots combined:
Lot Area : _22.22 acre Building Height: 20'+/-
Street Frontage: 192'+/- Side Setbacks: 22'+/-
Front Setback: 400'+ Rear Setback: 800 '+
Floor Area Ratio: N/A Lot Coverage: N/A
8. Proposed Lot(if applicable): minimum for each of 6 proposed lots
Lot Area(Sq. Ft): 21,780 min Building Height: 35' max
Street Frontage: 100' min Side Setbacks: 20' min
Front Setback: 20 min Rear Setback: 20' min
Floor Area Ratio: N/A Lot Coverage: N/A
9. Required Lot(as required by Zoning Bylaw):
Lot Area(Sq. Ft): 21,780 Building Height: 30'
Street Frontage: 100' Side Setbacks: 20'
Front Setback: 20' Rear Setback: 20'
Floor Area Ratio: N/A Lot Coverage: N/A
10. Existing Building (if applicable): Building to be razed
Ground Floor(Sq. Ft.): 1,451 #of Floors: 1.5
Total Sq. Ft.: 2,111 Height: 20' +1--
Use: residential Type of Construction: wood frame
11. Proposed Building:
Ground Floor(Sq. Ft.): /400 #of Floors: 2
Total Sq. Ft. 4,800 Height: 35' max
Use Residential Type of Construction: wood frame
Face 5
1600 Osgood Street, North Andover,BIdg.20,Suite 2-36 Planning Dept.,'Massachusetts 01845
Phone 973.638.9535 Fax 978.688.9542 Web \Iww.tcwnefnorthandover.corn
Edited 9;28 10
i2 Has there been a previous application for a Special Permit from the Planning Board on these premises?
If so,when and for what type of construction? NQ
13.Section of Zoning Bylaw that Special Permit Is Being
Requested 8.5 AND 10.31
14.Petitioner and Landowner signature(s):
Every applicaatioon 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 as 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 Board of this application as incomplete.
Pefltioner'sSignature: F _ / IF A, '/ , -, -
Print or type name here: NORTH ANDOVER REALTY CORP,by CHARLES CARROLL
Owner's Nature: 4 ii /� ccc 13
Print or type name here: CLAUDIA DUPUIS
15. Please list title of plans and documents you will be attaching to this application.
Development statement (per Bylaw Section 8.5.6A)
Plan: Definitive PRD Subdivision—Regency Place, Sheets1-12 of 12
Plan: Conventional Subdivision Proof Plan
Stormwater Management Report
Written Documentation .
Check List: Compliance with Zoning Bylaw Section 8.5 and 10.31
NOTE:A Special Permit once granted by the Planning Board will lapse in two (2) years if rot exercised unless the Planning Board
" grants an extension.
Page 6
1600 Osgood Street,North Andover,Bldg.20,Suite 2-36 Planning Dept.,Massachusetts 01845
Phone 973.638.9535 Fax 973.683.9542 Web www.townofnorthandover.com
Edited 9,23/10
Gri CHRISTIANSEN & SERGI INC
`r
' PROFESSIONAL ENGINEERS
160 SUMMER STREET,HAVERHILLAND LAND,MA 01830 SURVEYORS
tel:978-373-0310 www.csi-engr.com fax 978-372-3960
REGENCY PLACE
SPECIAL PERMIT
PLANNED RESIDENTIAL DEVELOPMENT
WRITEN DOCUMENTATION
JAN 18,2013
The Applicant,North Andover Realty Corp proposes a 6 lot Planned Residential
Development for approximately 22.22 acres located at 464 Appleton Road,North
Andover.
Encouraging the most appropriate use of land
The property is zoned for residential use by the Town of North Andover. The abutting
properties have been developed for residential use The proposed residential use complies
with both the zoning and the adjacent residential use and is therefore the most appropriate
use of the land.
Preventing overcrowding of land
By the application of the current zoning regulations there can be no more than six
building lots on the 22 acres. That prevents overcrowding of land. Additionally the
development of the property using the PRD rules provides for open space that can be
enjoyed by the abutters to the property.
Conserving the value of land and buildings
The current assessed value of the land and buildings is slightly over one million dollars.
After development of six single family homes the value of the property will be in excess
of four million dollars. The value of the undeveloped land will be conserved as open
space which will be available to the citizens of North Andover to whom it is not now
available.
Lessening congestion of traffic
The proposed subdivision will increase the use of the land from three lots unit to six lots.
The development of three additional lots can hardly be the cause of traffic congestion.
Proper construction of the subdivision roadway entrance on to Blue Ridge Road
according to the subdivision standards will prevent any congestion at the intersection.
Preventing undue concentration of population
The current zoning of the land into two acre lots prevents the undue concentration of
population. The current housing density in North Andover is approximately 0.6 housing
units/acre. The proposed project would provide a housing density of 0.27 housing
space and non-residential property(former railroad property). Furthermore the three
additional lots created by the subdivision will have a minimal impact upon the
surrounding one hundred lots.
-There will be no nuisance or serious hazard to vehicles or pedestrians
The project has been designed to conform to Zoning and Planning Regulations and
therefore does not present a nuisance or hazard to vehicles or pedestrians
- Adequate and appropriate facilities will be provided for the proper operation of
the proposed use
A roadway, sewer,water, electricity and cable will be provided to the subdivision and are
part of the submitted design. These facilities are adequate and appropriate for the proper
operation of the proposed use
-The proposed use is in harmony with the general purpose and intent of the Bylaw.
The use is in harmony with the general purpose and intent of the bylaw as shown by the
fact that it is in full compliance with the bylaw.
P.ECEIVED
11011TH:
°" " ''" 2013 JAN 17 PM I: 34
1 r
* * I t
Of--
4',, N� MASSAC iUS _
PLANNING DEPARTMENT
Community Development Division
Form C - APPLICATION FOR DEFINITIVE SUBDIVISON APPROVAL
Received;Town of North Andover Town Clerk(Date Stamp)
Stamp three(3)forms with the Town Clerk.File one(1)copy with the Town Clerk and two(2)with the Planning
Department.
To the Planning Board:
The undersigned,being an applicant under Chapter 41,81-0,81-T,81-U, MGL,for approval of a proposed subdivision
plan,herby submits a Definitive Plan and makes application for approval to the North Andover Planning Board:
The undersigned hereby applies for the approval of said Definitive plan by the Board,and In furtherance thereof hereby
agrees to abided by the Board's Rules and Regulations.The undersigned hereby further covenants and agrees with th
Town of North Andover, upon approval of said Definitive plan by the Board:
a. To Install the utilities in accordance with the rules and regulations of the Planning Board, De
Works,the Board of Health,and all zoning by-laws Department to Public
, general as well as zonin b -laws of said Town,as are applicable to the
ir>stsdation of utilities with the utilities within the limits of ways and streets;
b. To complete and construct the street or ways and other improvements shown thereon in accordance with Section
V and VI of the Rules and Regulations of the Planning Board,including all Appendices(l-VI)and Figures(1-27),
and the approved Definitive plan,profiles and cross-sections of the same.Said plan,profiles,cross-sections and
construction specifications are specifically,by reference,Incorporated herein and made a part of this application.
This application and the covenants and agreements herein shall be binding upon all heirs,executors,
admirdstrators,successors,grantees of the whole or part of said land,and assigns of the undersigned;and
c. To complete the aforesaid installations and construction within two(2)years from the date hereof.
Page 3 of 6
1600 Osgood Street,North Andover,B1dg.20,Suite 2-36 Planning Dept.,Mossecbesetts 01845
Phone 978.688.9535 Fox 978.688.9542 Web www.townelnerthundover.cem
Edited 9/27/2010
7.Name of Appllcmt ND
D. 'EA-CT•• Co:7 —.
Address: (o SPR r N G r D No. nc o U ER MA 0/
Signature of Applicant: ' /
( . . e, e,, __.0 - ' 8
2 None of Subdivision: t E ENG
y PC...A-GK
3.location and Description of Property jn,clude Assessor's Nap&Lot and Zoning District(au.
4L 4/ APPGE�7 1 sr-' {
Proye,w)45 Y
Z. Z2,1' ACReS
4i.Address of Property Bebrg Ate: G E nl
Zoning District RI
Assessors:Map it d S Lot li 8; 7 a net .5
5.Deed Reference Book /(0 7,Page /S 3 and
Certificate of Title No,,
6.Name of Surveyor/Engineer CH R 1577,1 AI5 E'AJ f 5e 726/ 1 Jet c,
Address: 14° S u>At E7 sT �v EL #41
MA 0 r8.36
Easements and Restrictions of Record(Describe and Include Deed References)NERD Buck 11441,PG rya -5eLve i- um-r rY FAise-in elvi
7.Preliminary Plan Submlted? YD'S •pin Approved? MO ;Date:_A/kg I
Spam of°merle).
S ii k �/ o� 13
1,144 A,P N sT No AL bo v Ls7Z, 441 D
Address: S RoSEnnA-Ry sr, cFL L M. NI-4 1)3o7'?
Received:Town of North Andover Town Clerk(date stamp):
Signature of Town Official Receiving this Application:
Page 4 of 6
1600 Osgood Street,North Andover,Bidg.20,Suite 2-36 Planning 0ept.,Massachusetts 01845
Phone 978.688.9535 Fax 978.688.9542 Web www.townofieerthondev item
Edited 9/27/2010
G® CHRISTIANSEN & SERGI, INC
PROFESSIONAL ENGINEERS AND LAND SURVEYORS
160 SUMMER STREET, HAVERHILL, MA 01830
tel:978-373-0310 wwN.csi-engr.com fax 978-372-3960
REGENCY PLACE
DEFINITIVE SUBDIVISION
PLANNED RESIDENTIAL DEVELOPMENT
JAN 18, 2013
WRITTEN DOCUMENTATION:
5.1.5 SITE EVALUATION STATEMENT:
The applicant requests a waiver from this requirement. Section 5.4.1,
Applicability of an Environmental and Community Impact Statement, states subdivisions
creating frontage for six or more dwellings must provide an analysis. Of the proposed 6
lot subdivision, one dwelling already exists on the site, therefore 5 additional lots for
dwelling units will be created, less that the required criteria for providing the study.
5.1.6: CERTIFIED COPY OF DEED/PROOF OF OWNERSHIP:
See Attached.
5.1.7: LIST OF NAMES OF ABUTTERS
See Attached.
5.1.8: LIST OF WAIVERS:
Waivers are requested from, the following requirements of the Rules and Regulations
Governing the Subdivision of Land in North Andover:
1. Section 6.8.1, Table 1A: The minimum pavement width for a local residential street is
26 feet. 24 feet is proposed.
2. Section 6.9, Curbing: Granite curbing is required on all new streets. Granite curbing
is proposed only at the beginning of the road
3. Section 6.11, Sidewalks: Sidewalks are required on one side of local streets. No
sidewalk is proposed.
4. Section 6.18.1, Street trees: Street trees are required to be located within the street
right of way. Street trees are proposed outside of the right of way.
5. Section 6.21, Street Lighting: The Planning Board shall provide provisions for street
lighting. No street lighting is proposed.
. .., �..,. _ . . 4 - B L$]5 4
I, flew iymeskieris, also to as host tusehi uis 1 -
•
.. .( are Aedoasr, Esau! Comm 1w+ewo
a aos-Mwseiaa d me dollar cad other god sod uslsebla►comidemtiot.
past as Claudia Moms
of 464 Street, flint rest Adowar. /t# •
teeth;
dl wp�title, cad Interest to , Ma
tl•bd in teeth ANIONIC with all thobei4,004a Oman. basdpd
1 as f llaus to wit:
• lira!>'e¢cei t A certain eon o!
Di prior* land situated m t3i�
", of tend boding Erse luau now or a of Benjamin MA to boles Oar or sib!
I one Doodles, bolded, �q at the method cloud af.the led lard !
O ar case of Theron nrogtirlard ear or at of the heirs of Wiliam .k.
'e Mince South cad Southeast'by the road to said poodtue!A boost them lost by
said few*to the DUNS I at eilsasdi thence by said teailrced to lad now ar area
• • Therm.buheeaa red Millie&tam, Jar., tense 's lad to
s the tool aal o wn r began at, costain1ng about body-cos sczel,
• blood Parcels A certain piece of lad IMO as Malt teeeden• hoe beta des •
sores, mote ar leas, hooded,-South ad Southold by land nor tar coos ct
. t follorial the well, (lest and ibuth+et b7 land now or coma of sedgy aeadhd
following tl - efl, north, Ibe:tlmest end Northeast by lied eat or coos of Unity
Pastor•folLedeq the wall, theme Beet by lead um CV AIM cd bee Pouter
It
fs following the toll,
?hid Parcels A certain fare formerly the Boeeatad.. —.of lttinaes.Mar
it deceased, co¢isiag about twenty acme'of lad, Nato or lima,.IS tba'met:pot
• of acid!brio Andover, bounded lbrtbarly by Led now or coos at Sham hlbstrt ad
111111e Siapon, bet by the old rod and lad now or aloe of A1tijAD P.Heller -
ad land once of William Armen, Jr. and by Ld acs ar ache of Mu Meech
ad the ale lead, lest by Salty load and lsd now or ems of J. Press t 14te
a and partly by land row ar Ina of William Simms. •
1 Wog madam a� to s and the said Claudia Oq+M
• District Bgiatzy d im Book 1107,s� at the MMus�c1
. 1 bid palm are moseyed subject to Ill a.of ss,eed. 1 r 3 .
em is m maae re
tasy mostderatime for this anysmoe. • 1 �r4'them
r
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it
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-
Recorded Apr.1,1986 at 11c2511i703133 a
y
Abutter to Abutter( ) Building Dept. ( ) Conservation ( X ) Zoning ( )
Town of North Andover
Abutters Listing
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."
Subiect Property:
MAP PARCEL's Name Address
65 8,9&55 ANNA TYMVAKIEWIZ 464 Appleton Street North Andover,MA 01845
Abutters Properties
Map Parcel Name Address
65 7&135 David Blundin 162 Pine Ridge Road North Andover,MA 01845
65 10 Donna Ford 385 Appleton Street
PP North Andover,MA 01845
65 14 Woelk Egbert 50 Keys Way North Andover,MA 01845
65 15 Sarah Ann Hodges 409 Blue Ridge Road North Andover,MA 01845
65 34 Arhur Hood 365 Blue Ridge Road North Andover,MA 01845
65 34.A New England Power 40 Sylvin Road Waltham,MA 02451
65 47 Stephen Takesian 674 Salem Street North Andover,MA 01845
65 48 Andrew Buttress 684 Salem Street North Andover,MA 01845
65 53 Joyce Cooper 844 Salem Street North Andover,MA 01845
65 56 Letoumeau Realty Trust 700 Salem Street North Andover,MA 01845
65 58 Timothy O'Brien 710 Salem Street North Andover,MA 01845
65 63 Roger Mailhot 410 Blue Ridge Road North Andover,MA 01845
65 130 Paul Pedro 102 Pine Ridge Road North Andover,MA 01845
65 131&132 Town Of North Andover 120 Main Street North Andover,MA 01845
65 133 James Pangakis 133 Pine Ridge Road North Andover,MA 01845
65 134 John Dias 150 Pine Ridge Road
9 North Andover,MA 01845
65 137 Robert Sheehan 41 Pine Ridge Road North Andover,MA 01845
65 138 David Sapienza 129 Pine Ridge Road North Andover,MA 01845
65 139 Gary Luentta 117 Pine Ridge Road North Andover,MA 01845
65 151 John Lunny,Jr 20 Stage Coach Road North Andover,MA 01845
65 152 John Percival 28 Stage Coach Road North Andover,MA 01845
65 153 David Trombino 44 Stage Coach Road North Andover,MA 01845
65 179 Canale Realty Trust 12 Hidden Court North Andover,MA 01845
65 180 Thomas Papineau 312 Blue Ridge Road North Andover,MA 01845
65 181 Mark Noyes 282 Blue Ridge Road North Andover,MA 01845
65 182 Sean Connolly 266 Blue Ridge Road North Andover,MA 01845
65 183 Daniel Flynn 250 Blue Ridge Road North Andover,MA 01845
65 186 Jonathan Quint 345 Blue Ridge Road North Andover,MA 01845
65 187 Michael Hall 317 Blue Ridge Road North Andover,MA 01845
65 188 Karen Kinneman 299 Blue Ridge Road North Andover,MA 01845
65 189&306 Christopher Skowronek 281 Blue Ridge Road North Andover,MA 01845
65 190 Anthony Hutchins 265 Blue Ridge Road North Andover,MA 01845
65 191 255 Blue Ridge Road Trust 255 Blue Ridge Road North Andover,MA 01845
65 198 First City Development Corp 85 East India Rowe Suite 298 Boston,MA 02110
65 279 Wayne Chang 740 Salem Street North Andover,MA 01845
65 280 Paul Dinunzio 10 Keys Way North Andover,MA 01845
65 281 Eugene Garcia 30 Keys Way North Andover,MA 01845
65 282 Larry Ayres 450 Keys Way North Andover,MA 01845
65 300 Samuel Curry 810 Salem Street North Andover,MA 01845
I his Celt'los that the names appearing on the
;C Oi ;s of the Assessors Office as of
CCI Bled L Y: -:, Date /- r
The check dams shall be reinstalled and shall be maintained until all
contributing upgradient areas are stabilized.
11. The construction of the houses will commence. As each house foundation is
installed, the driveways will be cut/filled to subgrade and the yard areas
around the houses will be rough graded. The underground utility services will
be installed.
12. Infiltration Basins C and D are to be rough graded. The roof runoff infiltration
systems are to be installed.
13. As soon as it is no longer necessary to have construction access around a
house, the gravel base for the driveway will be installed and the driveway will
be paved.
14. The yard areas will be finish graded, loamed, and seeded.
15. After all of the foundations are installed and it is after the period when heavy
equipment needs to drive over the pavement, the top course of pavement will
be installed in the roadway.
16. The finish landscaping will be performed.
17. After the entire site is stabilized, and upon approval by the Conservation
Agent, the sedimentation control will be removed.
• Page 2
DMassachusetts Department of Environmental Protection Provided by MassDEP:
Bureau of Resource Protection-Wetlands MassDEP File#:242-1556
WPA Form 4B -Order of Resource Area Delineation eDEP Transaction#:471994
Massachuses Wetlands Protection Act M.G.L.c. 131 S40 City/TownNORTHV
A.General Information
1.Conservation Commission NORTH ANDOVER
2.This Issuance is for(Check one):
a. F Order of Resource Area Delineation
b. I— Amended Order of Resource Area Delineation
3.Applicant Details
a.First Name CHARLES b.Last Name
c.Organization NORTH ANDOVER REALTY GROUP CARROLL
d.Mailing Address 66 SPRING HILL ROAD
e.City/Town NORTH ANDOVER f.State MA
g.ZIP 01845
4.Property Owner(if different from applicant):
a.First Name ANNA b.Last Name
c.Organization TYMVAKIEWIZ
d.Mailing Address 464 APPLETON STREET
e.City/Town NORTH ANDOVER f.State MA
g.ZIP 01845
5.Project Location
a.Street Address 464 APPELTON STREET
b.City/Town NORTH ANDOVER c.Zip Assessors Map/Plat# 65 p 01845
f.Latitude e.ParceULot# 8,9&55
42.67091 N g Longitude 71.08154W
6.Dates
a.Date ANRAD Filed 4/30/2012 b.Date Public Hearing Closed 5/9/2012 c.Date Of Issuance 5/15/2012
7.Final Approved Plans and Other Documents
Plan Title Plan Prepared By Plan Signed By Plan Final Plan
Date Scale
ANRAD PLAN FOR 464
CHRISTIANSEN&SERGI, PHILIP G.CHRISTIANSEN,
APPLETON STREET INC. RE 05/09/2012 1"=40' .
B. Order of Delineation
1.The Conservation Commission has determined the following(check whichever is applicable)
a. F Accurate:The boundaries described on the referenced plan(s)above and in the Abbreviated Notice of Resource Area
Delineation are accurately drawn for the following resource area(s):
1. F Bordering Vegetated Wetlands
2. F Other resource area(s),specifically
a.A1 -A43 BORDERING VEGETATED WETLAND(BVW);Cl -C8 BVW;D1-D8 BVW;E1 -E7 ISOLATED
VEGETATED WETLAND(IVW);Fl -F8 IVW;GI -G5 AND HI -H5 BANK OF PERENNIAL STREAM(MOSQUITO
BROOK);BLSF ASSOCIATED WITH MOSQUITO BROOK ON AT BLUE RIDGE ROAD.BLSF IN A/B SERIES
WETLAND AND B-SERIES BVW FLAGS NOT CONFIRMED.
b. I—Modified:The boundaries described on the plan(s)referenced above,as modified by the Conservation Commission from the
plans contained in the Abbreviated Notice of Resource Area Delineation,are accurately drawn from the following resource area(s):
Page 1 of 3 * ELECTRONIC COPY
Massachusetts Department of Environmental Protection Provided by MassDEP:
Bureau of Resource Protection - Wetlands 2
WMassDEP 42-1556 File Number
PA Form 4B -
Order of Resource Area
Delineation eDEP Transaction Number
Massachusetts Wetlands Protection Act M.G.L. C. 131, §40 North ndover
E. Signatures
Date of Issuance
Please indi ate tuber of members who will sign this for .
// 4_- 1. Number of Signers
ig ature of Conservatio• C.gtraogiss. n e er, ig ture of Conservation Commission Member
Sig t f onserva,0'Commission Member
� Signature of Conservation Commission Member
Sig ture of onse stion Commission Member
Signature of Conservation Commission Member
Signature of Conservation Commission Member
This Order is valid for three years from the date of issuance.
If this Order constitutes an Amended Order of Resource Area Delineation, this Order does not extend
the issuance date of the original Final Order, which expires on unless extended in writing by
the issuing authority.
This Order is issued to the applicant and the property owner(if different) as follows:
2.❑ By hand delivery on
3.ff...E3y certified mail, return receipt requested on
a.Date
a. Date
wpaform4b.doc•rev.12/23/09
WPA 4B,Order of Resource Area Delineation•Page 4 of 4
Massachusetts Department of Environmental Protection
Bureau of Resource Protection - Wetlands
Request for Departmental Action Fee Transmittal Form
Massachusetts Wetlands Protection Act M.G.L. c. 131, §40
A. Request Information
Important:
When filling out 1. Person or party making request(if appropriate, name the citizen group's representative):
forms on the
computer, use
only the tab Name
key to move
your cursor- Mailing Address
do not use the
return key. City/Town
State Zip Code
terra b
Phone Number Fax Number(if applicable)
Project Location
Mailing Address
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 5
State Zip Code
Phone Number Fax Number(if applicable)
3. DEP File Number:
B. Instructions
1. When the Departmental action request is for(check one):
❑ Superseding Order of Conditions
❑ Superseding Determination of Applicability
El Superseding Order of Resource Area Delineation
Send this form and check or money order for$100.00(single family house projects)or$200(all other projects),
payable to the Commonwealth of Massachusetts to:
Department of Environmental Protection
Box 4062
Boston, MA 02211
wpaform4b.doc
Request for Departmental Action Fee Transmittal Form•Page 1 of 2
v.rr
Massachusetts Department of Environmental Protection
Bureau of Resource Protection - Wetlands
Request for Departmental Action Fee Transmittal Form
Massachusetts Wetlands Protection Act M.G.L. c. 131, §40
B. Instructions (cont.)
2. On a separate sheet attached to this form, state clearly and concisely the objections to the
Determination or Order which is being appealed. To the extent that the Determination or Order is
based on a municipal bylaw, and not on the Massachusetts Wetlands Protection Act or regulations,
the Department has no appellate jurisdiction.
3. Send a copy of this form and a copy of the check or money order with the Request for a Superseding
Determination or Order by certified mail or hand delivery to the appropriate DEP Regional Office(see
http://www.mass.gov/dep/about/region/findvour.htm).
4. A copy of the request shall at the same time be sent by certified mail or hand delivery to the
Conservation Commission and to the applicant, if he/she is not the appellant.
wpaform4b.doc
Request for Departmental Action Fee Transmittal Form•Page 2 of 2
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