HomeMy WebLinkAboutMiscellaneous - 273 BERRY STREET Massachusetts Department of Environmental Protection Provided by MassDEP:
- Bureau of Resource Protection-Wetlands MassDEP File#:242-1523
WPA Form 5 -Order of Conditions eDEP Transaction#:424660
Massachusetts Wetlands Protection Act M.G.L.c. 131,§40 City/Town:NORTH ANDOVER
A. General Information
1.Conservation Commission NORTH ANDOVER
2.Issuance a. F OOC b.E Amended OOC
3.Applicant Details
a.First Name GREGG b.Last Name QUIMBY
c.Organization AND MARIA GILDEA
d.Mailing Address 113 BOSTON STREET
e.City/Town MIDDLETON f.State MA g.Zip Code 01949
4.Property Owner
a.First Name GREGG b.Last Name QUIMBY
c.Organization AND MARIA GILDEA
d.Mailing Address 113 BOSTON STREET
e.City/Town MIDDLETON f.State MA g.Zip Code 01949
5.Project Location
a.Street Address 273 BERRY STREET
b.City/Town NORTH ANDOVER c.Zip Code 01845
d.Assessors Map/Plat# 108C e.Parcel/Lot# 49
f.Latitude 42.6358N g.Longitude 71.07084W
6.Property recorded at the Registry of Deed for:
a.County b.Certificate c.Book d.Page
NORTHERN ESSEX 12519 288
7.Dates
a.Date NOI Filed: 7/5/2011 b.Date Public Hearing Closed: 10/12/2011 c.Date Of Issuance: 10/13/2011
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:
NOTICE OF CHRISTIANSEN& PHILIP G.CHRISTIANSEN,
INTENT PLAN SERGI,INC. P.E.AND MICHAEL J.SERGI,9/29/11 1"=20'
P.L.S.
B. Findings
1.Findings pursuant to the Massachusetts Wetlands Protection Act
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Massachusetts Department of Environmental Protection Provided by MassDEP:
- — Bureau of Resource Protection-Wetlands MassDEP File#:242-1523
eDEP Transaction#:424660
��., WPA Form 5 - Order of Conditions City/Town:NORTH ANDOVER
''� Massachusetts Wetlands Protection Act M.G.L.c. 131, §40
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. r 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 finds 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.r 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.r 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 Buffer Zone Impacts:Shortest distance between limit of project disturbance and the wetland resource 2
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. r Bank
a linear feet b.linear feet c.linear feet d.linear feet
5.r Bordering Vegetated Wetland
a square feet b.square feet c.square feet d.square feet
6. r Land under Waterbodies and Waterways
a square feet b.square feet c.square feet d.square feet
•
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
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Massachusetts Department of Environmental Protection Provided by MassDEP:
-- Bureau of Resource Protection-Wetlands MassDEP File#:242-1523
WPA Form 5-Order of Conditions eDEP Transaction#:424660
Massachusetts Wetlands Protection Act M.G.L.c. 131, §40
City/Town:NORTH ANDOVER
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
Cubic Feet Flood Storage
c.cubic feet d.cubic feet e.cubic feet 1.cubic feet
9.r Riverffont Area
a.total sq.feet b.total sq.feet
Sq ft within 100 ft
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
19.r Land Containing Shellfish
a.square feet b.square feet c.square feet d.square feet
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Massachusetts Department of Environmental Protection Provided by MassDEP:
Bureau of Resource Protection-Wetlands MassDEP File#:242-1523
WPA Form 5 -Order of Conditions eDEP Transaction#:424660
A Massachusetts Wetlands Protection Act M.G.L.c. 131,§40 City/Town:NORTHANDOVER
Indicate size under Coastal Banks,inland Bank,Land Under the
20.r 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.
I— 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.
I—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,
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,
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Massachusetts Department of Environmental Protection Provided by MassDEP:
Bureau of Resource Protection-Wetlands MassDEP File#:242-1523
eDEP Transaction#:424660
WPA Form 5-Order of Conditions CitylTown:NORTH ANDOVER
Massachusetts Wetlands Protection Act M.G.L.c. 131,§40
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:"242-1523"
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 STORM WATER CONTROL AND MAINTENANCE REQUIREMENTS
19. The work associated with this Order(the"Project")is(1) l- is not(2)F 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
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
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\ Massachusetts Department of Environmental Protection Provided by MassDEP:
Bureau of Resource Protection-Wetlands MassDEP File#:242-1523
WPA Form 5 -Order of Conditions eDEP Transaction#:424660
l
Massachusetts Wetlands Protection Act M.G.L.c. 131,§40 City/Town:NORTH ANDOVER
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 s
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.
1) Access for maintenance,repair,and/or replacement of BMPs shall not be withheld.Any fencing constructed around
stormwater BMPs shall include access gates and shall be at least six inches above grade to allow for wildlife passage.
Special Conditions:
SEE ATTACHED.
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1
Massachusetts Department of Environmental Protection Provided by MassDEP:
Bureau of Resource Protection- MassDEP File#:242-1523
WPA Form 5 -Order of ConditiWetlands ons eDEP Transaction#:424660
Massachusetts Wetlands Protection Act M.G.L.c. 131, §40 City/Town:NORTH ANDOVER
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k
Massachusetts Department of Environmental Protection Provided by MassDEP:
Bureau of Resource n-W MassDEP File#:242-1523
WPA Form 5-Order Protectio of Conditions etlands eDEP Transaction#:424660
L City/Town:NORTH ANDOVER
t Massachusetts Wetlands Protection Act M.G.L.c. 131, §40
D. Findings Under Municipal Wetlands Bylaw or Ordinance
1. Is a municipal wetlands bylaw or ordinance applicable?F Yes f- No
2. The Conservation Commission hereby(check one that applies):
a. r DENIES the proposed work which cannot be conditioned to
meet the standards set forth in a municipal ordinance or bylaw
specifically:
1.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
1.Municipal Ordinance or Bylaw WETLANDS 2.Citation CHAPTER 178 i
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.
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Massachusetts Department of Environmental Protection Provided by MassDEP:
Bureau of Resource Protection-Wetlands MassDEP File#:242-1523
WPA Form 5-Order of Conditions eDEP Transaction#:
Massachusetts Wetlands Protection Act M.G.L.c. 131,§40 City/Town:
f.
E'
E. Signatures
This Order is valid for three years from the date of issuance,unless otherwise specified 0 —/ — /7
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.
I/ r
Please indicate the number of members who will sign this form.This Order must be signed by
2.Number of Signers
a majority of the Conservation Commission.
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. 1
i
Signatures: i / 1
i
.......‘:e&___ - ,
g
D'on
hand delive IT
Y lr6y certified mail,return receipt requested,on i
it'll 31/
t
Date Date
i
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
4
r
Any appellants seeking to appeal the Department's Superseding Order associated with this appeal will be required to demonstrate prior E
participation in the review of this project.Previous participation in the permit proceeding means the submission of written information to 3
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.
,
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ElMassachusetts Department of Environmental Protection provided by MassDEP:
Bureau of Resource Protection-Wetlands MassDEP File#:242-1523
WPA Form 5 -Order of Conditions eDEP Transaction#:424660
Massachusetts Wetlands Protection Act M.G.L.c. 131, §40 City/Town:NORTH 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
is
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:
273 BERRY STREET 242-1523
Project Location MassDEP File Number
Has been recorded at the Registry of Deeds of:
{
County Book Page
for
Property Owner GREGG QUIMBY
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
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is
DEP FILE#242 - 1523
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 I
20. The proposed work includes: Demolition of existing home and construction of a single
family home and appurtenances within the 100' buffer zones to Border Vegetated
Wetland (BVW) and an Ephemeral/Vernal Pool. Proposed work includes connection
to town sewer and drilling of a new well.
21. The work shall conform to the following (except as noted in the remainder of this
document where revisions may be required):
Notice of Intent filed by: Philip Christiansen
Christiansen & Sergi, Inc.
160 Summer Street
Haverhill, MA 01830
Site Plans prepared by: Christiansen &Sergi, Inc.
Title: Notice of Intent Plan
Date: June 30, 2011
Last Revision: 9/29/11
Stamped by: Philip G. Christiansen,P.E.
Michael J. Sergi, P.L.S.
Wetland Report prepared by: Maureen Hanley
Norse Environmental Services, Inc.
Date: June 30, 2011
Other Record Documents: Letter from Division of Fisheries &Wildlife
Date: July 28, 2011
NHESP File No.:11-29826
Letter from Norse Environmental Services
Re: Plantings 273 Berry Street
Date: October 11, 2011
USGS Massachusetts StreamStats
242-1523,273 berry street ooc.doc 1 NACC 10/13/2011
DEP FILE#242 - 1523
SteamStats Ungaged Site Report
Date: Fri Jul 8 2011
1
Soil Map - Essex County, Massachusetts, Northern Part
riItl
Web Soil Survey
Date: 9/28/2011
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
t
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.
z
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.
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 s.
periods of up to one year each upon application to the issuing authority at least thirty
days (30) prior to the expiration date of the Order (Refer to Section 8.3)(p.37) of the
North Andover Wetland Regulations).
242-1523,273 berry street ooc.doc 2 NACC 10/13/2011
DEP FILE#242 - 1523
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.
1-
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 Ephemeral Pool and Bordering Vegetated Wetland (BVW). These resource areas are
significant to the interests of the Act and Town ByLaw as noted above and therein.
The applicant has not attempted to overcome the presumption of significance of these
resource areas to the identified interests.
33. The NACC agrees with the applicant's delineation of the wetland resource areas on
the site as shown on the plans dated referenced herein (property line to flag A6 to flag
A18 to property line).
34. The NACC finds that the intensive use of the upland areas and buffer zone proposed
on this site will cause further alteration of the wetland resource areas. In order to
prevent any alteration of wetland resource areas a fifty foot (50') No-Disturbance Zone
and a seventy five foot(75') No-Construction Zone shall be established from the edge
of the adjacent wetland resource area except as follows: waiver of the 50' No-Disturb
Zone and 75' No-Build Zone to the Ephemeral Pool Habitat for construction of
portions of the house and yard grading as shown on the herein referenced plans. The
proposed wall will serve as the permanent No-Disturb Zone for the site. The
Conservation Administrator and/or other agents of the NACC do not have the
authority to waive these setbacks as established under the local bylaw. No
disturbance of existing grade, soils or vegetation is permitted in the No-Disturbance
zone. (See Section 3.1, 3.4 &Appendix F of the local Regulations).
35. The NACC finds the applicant's proposal for restoration of disturbed portions of the
50' No-Disturbance Zone to be adequate. The restoration shall be completed in
accordance with the planting plan detailed in the October 11, 2011 letter from Norse k'
Environmental and correspondence from Christiansen&Sergi, Inc. Plant quantities
shall be agreed to by the NACC or its agent following construction of the stone wall.
The area shall be monitored for two growing seasons to ensure its success. The success
of the restoration areas shall be based on Section 6.1 of the North Andover Wetland
Protection Regulations requiring 75% of the surface area to be established with native
plant species within two growing seasons
242-1523,273 berry street ooc.doc 3 NACC 10/13/2011
DEP FILE#242 - 1523
,,',!
1
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 f
damage or any other form of water damage.
PRIOR TO CONSTRUCTION
P
38. 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.
39. 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.
40. 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 242-1523."
41. Any changes in the submitted plans caused by the applicant, another Board's decision
or resulting from this Order of Conditions must be submitted to the NACC for
approval prior to implementation. If the NACC finds said changes to be significant,
the NACC will call for another public hearing(at the expense of the applicant). Within
21 days of the close of said public hearing the NACC will issue an amended or new
242-1523,273 berry street ooc.doc 4 NACC 10/13/2011
DEP FILE#242 - 1523
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.
42. It is the responsibility of the applicant, owner, and/or successor(s) to ensure that all
conditions of this Order of Conditions are complied with. The project engineer and
contractors are to be provided with a copy of this Order of Conditions and referenced
documents before commencement of construction.
43. Prior to any work commencing on-site, the applicant shall submit to the NACC for
approval, a dated and detailed sequence of construction,including the construction of
storage areas, installation of sedimentation/erosion control devices,well drilling,
foundation installation and final stabilization.
44. Prior to the commencement of any work on site, a Registered Land Surveyor (R.L.S.)
shall stake the foundation corners of the house. These measurements will be verified
in the field during the pre-construction meeting
45. Wetland flagging shall be checked prior to start of construction and shall be re-
established where missing. All wetland flagging shall remain visible and enumerated
per the approved plan(s) throughout the life of the project and until a Certificate of
Compliance is issued so that erosion control measures can be properly placed and
wetland impacts can be monitored. The proposed limit of work shall be shall be
clearly marked with erosion controls or temporary fencing and shall be confirmed by
the NACC. Such barriers shall be checked and replaced as necessary and shall be
maintained until all construction is complete. Workers should be informed that no use
of machinery, storage of machinery or materials, stockpiling of soil, or construction
activity is to occur beyond this line at any time.
F'.
46. A Filtrexx SiltSoxx shall be placed between all construction areas and wetlands. The ,
erosion control barrier will be properly installed and placed as shown on the plans
approved and referenced herein and shall be inspected and approved by the NACC or
its agent prior to the start of construction and shall remain intact until all disturbed
areas have been permanently stabilized to prevent erosion. All erosion prevention
and sedimentation protection measures found necessary during construction shall be
implemented at the direction of the NACC 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.
47. The applicant shall have on hand at the start of any soil disturbance,removal or
stockpiling, a minimum of 8 hay bales and sufficient stakes for staking these bales (or
242-1523,273 berry street ooc.doc 5 NACC 10/13/2011
DEP FILE #242 - 1523
an equivalent amount of silt fence, 1 hay bale to equal 3 feet of fence). Said bales shall
be used only for the control of emergency erosion problems and shall not be used for
the normal control of erosion.
48. A check payable to the Town of North Andover shall be provided in the amount of
$3,000 which shall be in all respects satisfactory to Town Counsel, Town Treasurer,
and the NACC, and shall be posted with the North Andover Town Treasurer through
the NACC before commencement of work. Said deposit of money shall be
conditioned on the completion of all conditions hereof, shall be signed by a party or
parties satisfactory to the NACC, and Town Counsel, and shall be released after
completion of the project, provided that provisions, satisfactory to the NACC, have
been made for performance of any conditions which are of continuing nature. The
applicant may propose a monetary release schedule keyed to completion of specific
portions of the project for the NACC's review and approval. This condition is issued
under the authority of the local ByLaw.
49. The applicant shall 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.
50. 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 for subsequent review and
approval by the NACC or agent thereof. 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.
51. 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 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
242-1523,273 berry street ooc.doc 6 NACC 10/13/2011
DEP FILE#242 - 1523
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.
52. Prior to construction,the applicant shall permanently mark the edge of the "No-
Disturbance Zone" with a minimum of eight (8) signs or markers spaced evenly every
25 feet incorporating the following text: "Protected Wetland Resource Area" and the
associated rules (one square/rules sign for every 3 round/Resource Area markers).
This will designate their sensitivity and assure no further inadvertent encroachment
into the wetland. These permanent markers are subject to review and approval by the
NACC. The applicant shall instruct all agents to explain these markers to
buyers/lessees/landscapers and all persons taking over the property from the
applicant. These markers shall remain posted and be replaced as necessary in
perpetuity. Signs are available from the Conservation Department ($3 Square/$2
Round).
53. The applicant and/or the legal owner of that portion of land upon which these Orders
of Conditions have been placed shall provide to the NACC prior to transferring, or
assigning any portion of said land to another party, subject to said Orders of
Conditions, the "Compliance Certification Form Affidavit" attached via "Appendix
A" signed under the pains and penalties of perjury, stating that said applicant and/or
owner has read these Orders of Conditions and is in compliance with each and every
condition. This document shall apply to each of the conditions referenced herein and
shall be provided to the Conservation Department at least five (5) business days prior
to the closing of said land transaction.
54. Once these above mentioned pre-construction requirements are complete, the
applicant shall contact the Conservation Office prior to site preparation or
construction and shall arrange an on-site conference with an NACC representative,
the contractor, environmental monitor 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
242-1523,273 berry street ooc.doc 7 NACC 10/13/2011
DEP FILE#242 - 1523
55. 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.
56. The applicants, owners, and their successors and assignees, shall maintain all culverts,
collections basins, traps, outlet structures, subsurface storage areas, and other
elements of the drainage system in order to avoid blockages and siltation which might
cause failure of the system and/or detrimental impacts to on-site or off-site resource
areas, and shall maintain the integrity of vegetative cover on the site.
DURING CONSTRUCTION
57. IMPORTANT: Immediately upon completion of the dwelling foundation, and prior
to further construction activities associated with the site, the applicant shall complete a
plan prepared by a Registered Professional Land Surveyor of the Commonwealth
(R.P.L.S.) which accurately depicts the foundation location and it's proximity to
wetland resource areas as approved under this Order of Conditions. Said plan shall
be submitted to the Conservation Administrator for approval.
58. Upon beginning work, the applicant shall submit written progress reports every
month detailing what work has been done in or near resource areas, and what work is
anticipated to be done over the next period. This will update the construction
sequence.
59. The sewer lines on the site, where they cross wetland resource areas, shall be tested for
water tightness in accordance with North Andover DPW standards. t,
fi
60. Approved de-watering activities anticipated shall be supervised and witnessed by the
designated erosion control monitor. This designee must be on-site while work specific
to foundation dewatering and well drilling is. De-watering activities shall be
conducted as shown on the approved plans and shall be monitored daily by the
erosion control monitor to ensure that sediment laden water is appropriately settled
prior to discharge toward the wetland resource areas. No discharge of water is
allowed directly into an area subject to jurisdiction of the Wetlands Protection Act
and/or the North Andover Wetland Bylaw. If emergency de-watering requirements
arise, the applicant shall submit a contingency plan to the Commission for approval,
which provides for the pumped water to be contained in a settling basin, to reduce
turbidity prior to discharge into a resource area.
61. 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.
242-1523,273 berry street ooc.doc 8 NACC 10/13/2011
DEP FILE#242 - 1523
62. No exposed area shall remain unfinished for more than thirty (30) days, unless
approved by the NACC.
63. No re-grading in the buffer zone shall have a slope steeper than 2:1 (horizontal: h'
vertical). Slopes of steeper grade shall be rip-rapped to provide permanent
stabilization.
64. There shall be no stockpiling of soil or other materials within twenty-five (25)feet of
any resource area.
65. Washings from concrete trucks, or surplus concrete, shall not be directed to, any
drainage system, or wetland resource area. Concrete washing shall not occur on site
unless a wash area is proposed and approved by the Conservation Department.
66. 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.
67. Accepted engineering and construction standards and procedures shall be followed in
the completion of the project.
68. 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
{
69. 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.
70. Prior to the issuance of a Certificate of Compliance, the applicant shall collect and
submit documentation to the Natural Heritage and Endangered Species Program
(NHESP) seeking certification of the potential vernal pool located on the property and
identified during site inspections.
242-1523,273 berry street ooc.doc 9 NACC 10/13/2011
DEP FILE#242 - 1523
71. Fertilizers utilized for landscaping and lawn care shall be slow release, low-nitrogen
types (< 5%), and shall not be used within the designated no disturbance zone (beyond
stone wall boundary). 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.
72. No road salt, sodium chloride, or other de-icing chemicals shall be used on paved
surfaces within the buffer zone, and any arrangement for snow removal shall so
stipulate due to the importance of the site and wetlands.
73. 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.
74. Upon approved site stabilization by Conservation staff, the erosion controls shall be
removed and properly disposed of and all exposed unvegetated areas shall be seeded.
75. Upon completion of the project the applicant shall submit the following to the
Conservation Commission as part of a request for a Certificate of Compliance:
a. WPA Form 8A - "Request for a Certificate of Compliance."
b. A letter from the applicant requesting a Certificate of Compliance.
c. The name and address of the current landowner.
d. Signed statements from the individual property owners shall be submitted with
the request for a Certificate of Compliance indicating that they read and
understood the recorded Order of Conditions prior to purchasing their property.
e. The name and address of the individual/trust or corporation to whom the
compliance is to be granted.
f. The street address and assessor's map/parcel number for the project.
g. The DEP file number.
h. A written statement from a Registered Professional Civil Engineer (and/or
Registered Professional Land Surveyor) of the Commonwealth certifying that the
work has been conducted as shown on the plan(s) and documents referenced
above, and as conditioned by the Commission.
i. An"As-Built" plan prepared and signed and stamped by a Registered Professional
Civil Engineer (and/or Registered Professional Land Surveyor) of the
Commonwealth,for the public record. This plan will include:
➢ "As-Built" post-development elevations of all drainage & stormwater
management structures constructed within 100 feet of any wetland resource
area. NOTE: If portions of the stormwater systems exist partially within the
Buffer Zone than the entire structure must be depicted to accurately verify
compliance.
242-1523,273 berry street ooc.doc 10 NACC 10/13/2011
` P
DEP FILE#242 - 1523
➢ "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 T'
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.
76. The following special conditions shall survive the issuance of a Certificate of
Compliance (COC) for this project:
➢ A 25' No-Disturbance Zone and 50' No-Build Zone to BVW and a 50' No-
Disturbance Zone and a 75' No-Construction Zone to Ephemeral Pool
Habitat shall be established from the edge of adjacent wetland resource
areas except in those locations approved under DEP # 242-1523. Future
work within 100' of existing wetland resource areas will require a separate
filing with the NACC of the Regulations for performance standards within
these zones) The Conservation Administrator and/or other agents of the
NACC do not have the authority to waive these setbacks as established
under the local ByLaw;
➢ Resource Area Markers (Condition #52);
➢ Discharge or spillage of pollutants (Condition #68);
➢ Prohibition of underground fuels (Condition #69);
➢ Limitations on the use of fertilizers,herbicides, road salts, de-icing
compounds and pesticides (Conditions #71 &72).
242-1523,273 berry street ooc.doc 11 NACC 10/13/2011
- a
DEP FILE #242 - 1523
APPENDIX A-AFFIDAVIT
on oath do hereby depose and state:
(authorized agent applicant and/or current owner)
(PLEASE CHECK AT LEAST ONE BLOCK)
1. I am the of
(position with applicant) (applicant name or company name)
the applicant upon whom Order of Conditions
have been placed upon by (DEP or NACC number)
the North Andover Conservation Commission.
Wor
2. Iamthe 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)
242-1523,273 berry street ooc.doc 12 NACC 10/13/2011
•
Town of North Andover
ZONING BOARD OF APPEALS
Albert P.Manzi III,Esq.Chairman
Ellen P.McIntyre,Vice-Chairman 2e Cr-
Richard).Byers,Esq.Clerk of "°D 7ti �:_io c. f"
Daniel S.Braese,Esq. .t •`.�' • -.1' oO1 f` ,•Richard M.Vaillancourt F T (k
Associate Members s s I�,
Michael P.Liporto
�. r'0.. ,°* '' 1ou^n Clerk Time Stamp
Ili SSACHUSt f
Any appeal shall be filed within(20) Notice of Decision �,
days after the date of filing of this Year 2011 :
notice in the office of the Town Clerk,
per Mass.Gen.L. ch.40A, §17 Property at: 273 Berry Street, North Andover,MA 01845 4
NAME: Gregg P.Quimby and Maria Gildea HEARING(S): 13 Sept 2011
t
ADDRESS: 273 Berry Street(Map 108C Parcel 49), PETITION: 2011-006A
North Andover,MA 01845
t
The North Andover Board of Appeals held a public hearing at Town Hall, at 120 Main Street,North Andover, MA
on Tuesday, September 13,2011 at 7:30 PM on the application of Gregg P.Quimby and Maria Gildea located at 273
Berry Street (Map108C Parcel 49), North Andover, MA 01845. Petitioner is requesting a Special Permit in
accordance with Sections 9.1 and 9.2 of the Zoning Bylaws. They proposed to raze the single family home and to E
construct a new single family home in the R-2 District.
t
Legal notices were sent to all the certified abutters provided by the Town of North Andover,Assessors Office,and
were published in the Eagle-Tribune,a newspaper of general circulation in the Town of North Andover,on August
30,2011 & September 6,2011. 1
t
t
The following voting members were present: Albert P.Manzi III,Ellen P. McIntyre,Richard J.Byers,and Richard
M.Vaillancourt. The following Associate members were present:Michael P.Liporto. k
i
Upon a motion by Byers and Second by Vaillancourt,the Board voted to GRANT the Special Permit to allow from
paragraph Section 9.1 (non-conforming use)and 9.2 (alteration and extensions)of the Zoning Bylaw to raze a single
family home and to construct a new single family home in the R-2 District.
t.
This Special Permit is conditioned on and subject to Conservation Commission approval: and Sewer tie in,as
approved by the Department of Public Work. i.
The following members voted in favor of the Special Permit, Ellen P. McIntyre,Richard J.Byers,Richard M.
Vaillancourt and Michael P.Liporto. t
Not in favor,Albert P.Manzi III t'
4-1
t
I
The Board finds that this use, as developed by the building& site plans, is in an appropriate location for such a use
and will not adversely affect the neighborhood. t
i°
There will be no nuisance or serious hazard to vehicles or pedestrians, since there are provisions for the required off-
street parking. Adequate and appropriate facilities will be provided to the proposed single family dwelling. The
Board fmds that the new single family home will not be substantially more detrimental than the existing dwelling to
the neighborhood and that this use, is in harmony with the neighborhood and general purpose and intent of this
Bylaw.
t
tt
a titm ,
Page 1 of 2 ,
i
I
s� i•
is
Site: 273 Berry Street(Map 108C Parcel 49), North Andover,MA 01845
Section 9.1 and 9.2 of the Bylaws. Also to raze a single family home and to construct a
new single family home in an R-2 District.
Plan(s)Title: 1)"Plot Plan of Land"Dated August 10,2011,containing one(1) sheet. 5'
Prepared by Professional Engineers and Land Surveyors Christiansen and Sergi,INC.
160 Summer Street.Haverhill,MA 01830
2)"Existing condition Plan"Dated August 10,2011,containing one(1)sheet.
Prepared by Professional Engineers and Land Surveyors Christiansen and Sergi,INC.
160 Summer Street.Haverhill,MA 01830
3)"Proposed House Plans"Dated August 10,2011,containing one(1) sheet.
Includes first floor and second floor,sides,front and back elevations. Prepared by
Professional Engineers and Land Surveyors Christiansen and Sergi,INC. 160 Summer
Street.Haverhill,MA 01830.
Voting in favor: Ellen P.McIntyre,Richard J.Byers,Richard M.Vaillancourt,and Michael Liporto.
Voting in the Negative: Albert P.Manzi III
The Board finds that the applicant has satisfied the provisions of Sections 9.1 and 9.2 and of the Zoning Bylaw to raze and
construct a new single family home for 273 Berry Street(Map 108C Parcel 49),North Andover,MA 01845 in the R-2 District.
Notes:
1. This decision shall not be in effect until a copy of this decision is recorded at the Essex County Registry of Deeds,
Northern District at the applicant's expense.
2. The granting of the Special Permit(s)as requested by the applicant does not necessarily ensure the granting of a building
permit as the applicant must abide by all applicable local,state,and federal building codes and regulations,prior to the
issuance of a building permit as required by the Inspector of Buildings.
3. If the rights authorized by the Special Permit are not exercised within two(2)years of the date of the grant,it shall lapse,
and may be re-established only after notice,and a new hearing. ('
1(7, -41111 •
1
No' h Andover Zoning :oard of Appea
Albert P. Manzi III,Esq., Chairman
Ellen P. McIntyre,Vice- Chairman
Richard J. Byers, Esq., Clerk
Richard M. Vaillancourt
Daniel S Braese
Michael P. Liporto
Decision 2011-006A
Page 2 of 2
f_
Town of North Andover Is
ZONING BOARD OF APPEALS 1.
Albert P.Manzi III,Esq.Chairman 1
Ellen P.McIntyre,Vice-Chairman i
Richard J.Byers,Esq.Clerk eE N�`°T..41+,,
Daniel S.Braese,Esq. .1 °� �` �t „ i r r)-;1 i ••
Richard M.Vaillancourt �°. z `- p LC', 7"� L `
Associate Members * z
Michael P.Liporto *% ,4'.
it. °wwreo 04'44°3 ; 1:
SACHU`t t -
Any appeal shall be filed within(20) Notice of Decision f_
days after the date of filing of this Year 2011
notice in the office of the Town Clerk,
per Mass.Gen. L. ch.40A, §17 Property at: 273 Berry Street North Andover,MA 01845
NAME: Gregg P.Quimby and Maria Gildea HEARING(S): 13 Sept 2011 F
ADDRESS: 273 Berry Street(Map 108C Parcel 49), PETITION: 2011-006B
North Andover,MA 01845 i'
i'
The North Andover Board of Appeals held a public hearing at Town Hall, at 120 Main Street,North Andover, MA
on Tuesday, September 13,2011 at 7:30 PM on the application of Gregg P.Quimby and Maria Gildea located at 273
Berry Street(Map108C Parcel 49),North Andover, MA 01845. Petitioner is requesting a Variance in accordance
with Section 7.3 and Table 2 of the Zoning Bylaws to raze a single family home and to construct a new single family
home in the R-2 District.
i I.
Legal notices were sent to all the certified abutters provided by the Town of North Andover,Assessors Office,and
were published in the Eagle-Tribune,a newspaper of general circulation in the Town of North Andover,on August
30,2011 &September 6,2011.
I
The following voting members were present: Albert P. Manzi III, Ellen P. McIntyre,Richard J.Byers,,and Richard It
M.Vaillancourt. The following Associate members were present: Michael P.Liporto.
k
Upon a motion by Byers and Second by Vaillancourt, the Board voted to GRANT the Variance to allow from 7.3
and Table 2 of the Zoning Bylaws for relief of 14.3 feet.
This Variance is conditioned on and subject to Conservation Commission approval: and Sewer tie in, as
approved by the Department of Public Work.
The following members voted in favor of the Special Permit,Ellen P.McIntyre, Richard J. Byers,Richard M.
Vaillancourt and Michael P.Liporto.
Not in favor,Albert P. Manzi III
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The Board finds that this use, as developed by the building&site plans, is an appropriate location for such a use and
will not adversely affect the neighborhood.
There will be no nuisance or serious hazard to vehicles or pedestrians, since there are provisions for the required off-
street parking. Adequate and appropriate facilities will be provided to the proposed single family dwelling. The
Board finds that the new single family will not be substantially more detrimental than the existing dwelling to the
neighborhood and that this use, is in harmony with the neighborhood and general purpose and intent of this Bylaw.
)1/4- a4 Z.
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Page 1 of 2
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's:
Site: 273 Berry Street(Map 108C Parcel 49), North Andover,MA 01845
Section 7.3 and Table 2 of the Bylaws, to raze a single family home and to
construct a new single family home in an R-2 District.
Plan(s)Title: 1)"Plot Plan of Land"Dated August 10,2011,containing one(1) sheet.
Prepared by Professional Engineers and Land Surveyors Christiansen and Sergi,
INC. 160 Summer Street. Haverhill,MA 01830
2)"Existing condition Plan"Dated August 10,2011,containing one(1)sheet.
Prepared by Professional Engineers and Land Surveyors Christiansen and Sergi,
INC. 160 Summer Street.Haverhill,MA 01830
3)"Proposed House Plans"Dated August 10,2011,containing one(1) sheet.
Includes first floor and second floor,sides,front and back elevations. Prepared
by Professional Engineers and Land Surveyors Christiansen and Sergi, INC.
160 Summer Street.Haverhill, MA 01830.
Voting in favor: Ellen P.McIntyre,Richard J.Byers, Richard M.Vaillancourt,and Michael
Liporto.
Voting in the Negative: Albert P.Manzi III
The Board finds that the applicant has satisfied the provisions of Sections 7.3 and Table 2 of the Zoning Bylaws,to
raze and construct a new single family home for 273 Berry Street(Map 108C Parcel 49),North Andover,MA ='
01845 in the R-2 District.
Notes:
1. This decision shall not be in effect until a copy of this decision is recorded at the Essex County Registry of
Deeds,Northern District at the applicant's expense.
2. The granting of the Variance as requested by the applicant does not necessarily ensure the granting of a r'
building permit as the applicant must abide by all applicable local, state,and federal building codes and
regulations,prior to the issuance of a building permit as required by the Inspector of Buildings.
3. If the rights authorized by the Variance are not exercised within two(1)years of the date of the grant, it shall
lapse,and may be re-established only after notice,and a new hearing.
C
Nort Andover Zoning Bo rd of Ap eals
Al rt P. Manzi III,Esq., Chairman
Ellen P. McIntyre, Vice-Chairman a!
Richard J. Byers, Esq., Clerk
Richard M.Vaillancourt
Daniel S Braese
Michael P. Liporto
Decision 2011-006B
Page 2 of 2
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