HomeMy WebLinkAboutMiscellaneous - 108 CAMPION ROAD (2) :3
NORTH
af�.OK - 1+e Town of North Andover 2
� 2013 FEB -6 Pry 22
r p Office of the Planning Department
Community Development and Services Division"-
'��_��. '`t5 1600 Osgood Street r'
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North Andover,Massachusetts 01845
NOTICE OF DECISION This is to certify that twenty(20)days
have elapsed from date of decision,filer
without filing of an appear Any appeal shall be filed Date My /.5, .1€/
Joyce A.Bradshaw
within (20) days after the Town Clerk
date of filing this notice in
the office of the Town Clerk.
Date: February 5,2013
Date of Hearings: February 5, 2013
Date of Decision: February 5,2013
Petition of: Barbara P.Montopoli, 108 Campion Road,North Andover,MA 01845
Premises Affected: 108 Campion Rd,North Andover,Massachusetts,01845,
Assessor's Map 62,Parcel 85 and located in the Residential 1 Zoning District.
Referring to the above petition for a Watershed Special Permit from the requirements of the North Andover
Zoning Bylaw, Sections 4.136.3.c.ii. 1, 2 and 6 and 10.3.
So as to allow the re-grading of a portion of the back yard, remove existing trees and existing landscaping
in order to re-landscape the backyard. Work also includes the removal of a portion of an existing,
abutting driveway and reconstruction of a stone walk within the non-disturbance zone of the Watershed
Protection District.
After a Public Hearing given on the above date, and upon a motion by R. Rowen and 2"d by Lora McSherry
to APPROVE the Special Permit for the Watershed Protection District, as amended and based upon the
following conditions. Vote was unanimous in favor of the application.
Wit--%
p%nning Board
John Simons, Chairman
Richard Rowen
Dave Kellogg
Lynne Rudnicki
Lora McSherry
108 Campion Road Map 62,Parcel 85
Watershed Special Permit—Re-Grading and Landscaping
February 5,2013
The Public Hearing on the above referenced application was opened on February 5, 2013 closed by the
North Andover Planning Board on February 5, 2013.
On February 5, 2013, upon a motion made by R. Rowen and seconded by Lora McSherry to GRANT a
Watershed Special Permit to allow the re-grading of a portion of the back yard, remove existing trees and
existing landscaping in order to re-landscape the backyard. Work also includes the removal of a portion
of an existing, abutting driveway and reconstruction of a stone walk within the non-disturbance zone of
the Watershed Protection District, under the requirements of Section 4.136 & 10.3 of the North Andover
Zoning Bylaw. This Special Permit was requested by Barbara P. Montopoli, 108 Campion Road, North
Andover, MA 01845 on December 13, 2012. The applicant submitted a complete application, which was
noticed and reviewed in accordance with Section 10.52 of the Town of North Andover Zoning Bylaw and
MGL Chapter 40A, Section 9. The motion to approve was subject to the FINDINGS OF FACTS and
SPECIAL CONDITIONS set forth in this decision.
The Planning Board vote was unanimous. A special permit issued by the special permit granting
authority requires a vote of at least four members of a five-member board.
The applicant is hereby notified that should the applicant disagree with this decision, the applicant has the
right, under MGL Chapter 40A, Section 17, to appeal to this decision within twenty days after the date this
decision has been filed with the Town Clerk.
In accordance with 4.136 the Planning Board makes the finding that the intent of the Bylaw, as well as its
specific criteria is met. This decision specifically stated by the Planning Board makes the following
FINDINGS OF FACT:
1) The Board has determined that the site will be improved and that the quality of water runoff will be
improved.The Planning Board bases this finding on the following facts:
a) The proposed project will not result in any significant degradation of the quality or quantity of water
in or entering Lake Cochichewick.
b) The final design results in a the planting of native species that reflect extensive discussions
between the Town and the applicant to ensure the continued protection of Lake Cochichewick
and the safety and welfare of the residents of North Andover.
c) There will be no increase in impervious surface area.
2) There is no reasonable alternative location outside the General, Non-Disturbance, and the Discharge
Zones for any discharge,structure or activity.
In accordance with Section 10.31 of the North Andover Zoning Bylaw, the Planning Board makes the
following FINDINGS OF FACT:
a) The specific site is an appropriate location for the proposed use as the plantings and general
landscaping have been reviewed and approved by town of North Andover Conservation and
Planning staff.
b) The use will not adversely affect the neighborhood as the lot is located in a Residential 1 Zoning
District;
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108 Campion Road Map 62,Parcel 85
Watershed Special Permit—Re-Grading and Landscaping
February 5,2013
c) There will be no nuisance or serious hazard to vehicles or pedestrians;
d) Adequate and appropriate facilities are provided for the proper operation of the proposed use;
e) The Planning Board also makes a specific finding that the use is in harmony with the general purpose
and intent of the North Andover Zoning Bylaw.
Upon reaching the above findings,the Planning Board approves this Special Permit based upon the following
SPECIAL CONDITIONS:
1) Permit Definitions:
a) The"Locus"refers to the 44,987 sq. ft. parcel of land with frontage on Campion Road as shown
on Assessors Map 62, Parcel 85,and also known as 108 Campion Road,North Andover,
Massachusetts.
b) The"Plans"refer to the plans prepared by Andover Consultants, Inc., dated October 10,2012 and
revised to December 13, 2012,entitled`Notice of Intent Plan#108 Campion Road North
Andover, Mass. Prepared for Barbara P. Montopoli"and a Landscape Plan "Drawn From"
Notice of Intent Plan 108 Campion Road North Andover, Ma. Prepared by Judy Wright.
c) The"Project" or"108 Campion Road" refers to the re-grading of a portion of the back yard,
remove existing trees and existing landscaping in order to re-landscape the backyard. Work also
includes the removal of a portion of an existing, abutting driveway and reconstruction of a stone
walk within the non-disturbance zone of the Watershed Protection District.
d) The"Applicant" refers to Barbara P. Montopoli, the applicant for the Watershed Special Permit.
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 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.
3) Fertilizers are limited to those which are either organic or slow-release nitrogen and phosphorous-free.
This restriction will be noted on the deed.
4) Prior to any work performed on the site,the applicant must conform with the following:
a) A bond in the amount of two thousand dollars ($2,000.00) shall be posted for the purpose of
insuring that the site is constructed in accordance with the approved plan and that a final as-built
plan is provided, showing the location of all plantings and lawn area. This bond shall be in the
form of a check made out to the Town of North Andover. This check will then be deposited into
an interest bearing bond account.
b) Fertilizers are limited to those which are either organic or slow-release nitrogen and phosphorous-
free. The applicant shall incorporate this condition as a deed restriction and a copy of the
recorded deed shall be submitted to the Town Planner and included in the file.
5) Prior to release of the Performance Bond:
3
108 Campion Road Map 62,Parcel 85
Watershed Special Permit—Re-Grading and Landscaping
February 5,2013
a) The applicant shall submit an as-built plan that shows all re-grading, plantings and new lawn area.
This as-built plan shall be submitted to the Town Planner for approval. The applicant must submit a
certification from the designer that the site was constructed as shown on the approved plan.
b) The Planning Board must by a majority vote make a finding that the site is in conformance with the
approved plan.
6) No open burning shall be done except as is permitted during burning season under the Fire Department ,
regulations.
7) The Contractor shall contact Dig Safe at least 72 hours prior to commencing excavation.
8) The provisions of this conditional approval shall apply to and be binding upon the applicant, it's
employees and all successors and assigns in interest or control.
9) This Special Permit approval shall be deemed to have lapsed February 5, 2015 (two years from the
date of issuance) exclusive of the time required to pursue or await determination of any appeals,
unless substantial use or construction has commenced within said two-year period. Substantial use or
construction will be determined by a majority vote of the Planning Board.
10) This decision must be filed with the North Essex Registry of Deeds. The following information is
included as part of this decision:
fi
Plan titled: "Notice of Intent Plan #108 Campion Road North Andover, Mass"
Prepared for: Barbara P. Montopoli
108 Campion Road
North Andover,MA 01845
Prepared by: Andover Consultants, Inc.
1 East River Place
Methuen, Ma 01844
Scale: 1"=20'
Date: October 10, 2012 and revised December 13,2012.
Sheets: 1
Plan titled: Landscape Plan"Drawn From"Notice of Intent Plan 108 Campion Road
Prepared by: Judy Wright
Scale: 1"=20'
Sheets: 1
cc: Town Engineer
Building Inspector
Conservation Administrator
Applicant
Assessor's Office
File
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• RECEIVED
To ' . ('' �i?Vd'C _ ! 1
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F? .4.f ;`;"oop Town of North Andover 2013 FEB -6 PH 3: 22
Office of the Planning Department
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Community Development and Services Division
4,4-.°44 SSAGHUSEt0
1600 Osgood Street MASSAC;.i.{ w
North Andover,Massachusetts 01845
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NOTICE OF DECISION
Any appeal shall be filed
within (20) days after the
i
date of filing this notice in
the office of the Town Clerk. t
Date: February 5,2013
Date of Hearings: February 5,2013 z
Date of Decision: February 5,2013 A
Petition of: Barbara P.Montopoli,108 Campion Road,North Andover,MA 01845 8
i,
Premises Affected: 108 Campion Rd,North Andover,Massachusetts,01845,
Assessor's Map 62,Parcel 85 and located in the Residential 1 Zoning District.
Referring to the above petition for a Watershed Special Permit from the requirements of the North Andover
Zoning Bylaw, Sections 4.136.3.c.ii. 1,2 and 6 and 10.3.
So as to allow the re-grading of a portion of the back yard, remove existing trees and existing landscaping
in order to re-landscape the backyard. Work also includes the removal of a portion of an existing, tt
abutting driveway and reconstruction of a stone walk within the non-disturbance zone of the Watershed
Protection District.
After a Public Hearing given on the above date, and upon a motion by R. Rowen and 2nd by Lora McSherry ft'
to APPROVE the Special Permit for the Watershed Protection District, as amended and based upon the £,
following conditions.Vote was unanimous in favor of the application. ,
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.nning Board
John Simons,Chairman
Richard Rowen t'
Dave Kellogg
Lynne Rudnicki
Lora McSherry
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. . ' 108 Campion Road Map 62,Parcel 85
Watershed Special Permit—Re-Grading and Landscaping s
February 5,2013
The Public Hearing on the above referenced application was opened on February 5, 2013 closed by the
North Andover Planning Board on February 5, 2013.
On February 5, 2013, upon a motion made by R. Rowen and seconded by Lora McSherry to GRANT a
Watershed Special Permit to allow the re-grading of a portion of the back yard, remove existing trees and
existing landscaping in order to re-landscape the backyard. Work also includes the removal of a portion
of an existing, abutting driveway and reconstruction of a stone walk within the non-disturbance zone of
the Watershed Protection District, under the requirements of Section 4.136 & 10.3 of the North Andover F
Zoning Bylaw. This Special Permit was requested by Barbara P. Montopoli, 108 Campion Road, North
Andover, MA 01845 on December 13, 2012. The applicant submitted a complete application, which was
noticed and reviewed in accordance with Section 10.52 of the Town of North Andover Zoning Bylaw and
MGL Chapter 40A, Section 9. The motion to approve was subject to the FINDINGS OF FACTS and
SPECIAL CONDITIONS set forth in this decision.
The Planning Board vote was unanimous. A special permit issued by the special permit granting
authority requires a vote of at least four members of a five-member board.
The applicant is hereby notified that should the applicant disagree with this decision, the applicant has the
right, under MGL Chapter 40A, Section 17, to appeal to this decision within twenty days after the date this
decision has been filed with the Town Clerk. k
E
In accordance with 4.136 the Planning Board makes the finding that the intent of the Bylaw, as well as its 1
specific criteria is met. This decision specifically stated by the Planning Board makes the following
FINDINGS OF FACT: E
1) The Board has determined that the site will be improved and that the quality of water runoff will be
improved.The Planning Board bases this finding on the following facts:
a) The proposed project will not result in any significant degradation of the quality or quantity of water t
in or entering Lake Cochichewick.
b) The final design results in a the planting of native species that reflect extensive discussions
between the Town and the applicant to ensure the continued protection of Lake Cochichewick t
and the safety and welfare of the residents of North Andover.
c) There will be no increase in impervious surface area.
2) There is no reasonable alternative location outside the General, Non-Disturbance, and the Discharge
Zones for any discharge,structure or activity.
t
In accordance with Section 10.31 of the North Andover Zoning Bylaw, the Planning Board makes the
following FINDINGS OF FACT:
i.
a) The specific site is an appropriate location for the proposed use as the plantings and general
landscaping have been reviewed and approved by town of North Andover Conservation and
Planning staff. F
b) The use will not adversely affect the neighborhood as the lot is located in a Residential 1 Zoning
District;
x
2
• ' 108 Campion Road Map 62,Parcel 85
Watershed Special Permit—Re-Grading and Landscaping
February 5,2013
c) There will be no nuisance or serious hazard to vehicles or pedestrians;
d) Adequate and appropriate facilities are provided for the proper operation of the proposed use;
e) The Planning Board also makes a specific finding that the use is in harmony with the general purpose
and intent of the North Andover Zoning Bylaw.
Upon reaching the above findings,the Planning Board approves this Special Permit based upon the following
SPECIAL CONDITIONS:
1)Permit Definitions:
a) The"Locus"refers to the 44,987 sq. ft. parcel of land with frontage on Campion Road as shown
on Assessors Map 62, Parcel 85,and also known as 108 Campion Road,North Andover,
Massachusetts.
b) The"Plans"refer to the plans prepared by Andover Consultants, Inc., dated October 10,2012 and
revised to December 13, 2012, entitled"Notice of Intent Plan#108 Campion Road North
Andover, Mass. Prepared for Barbara P. Montopoli"and a Landscape Plan"Drawn From"
Notice of Intent Plan 108 Campion Road North Andover, Ma. Prepared by Judy Wright.
c) The"Project"or"108 Campion Road"refers to the re-grading of a portion of the back yard,
remove existing trees and existing landscaping in order to re-landscape the backyard. Work also
includes the removal of a portion of an existing, abutting driveway and reconstruction of a stone
walk within the non-disturbance zone of the Watershed Protection District.
d) The"Applicant"refers to Barbara P.Montopoli,the applicant for the Watershed Special Permit.
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 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.
3) Fertilizers are limited to those which are either organic or slow-release nitrogen and phosphorous-free.
This restriction will be noted on the deed.
4) Prior to any work performed on the site,the applicant must conform with the following:
a) A bond in the amount of two thousand dollars ($2,000.00) shall be posted for the purpose of
insuring that the site is constructed in accordance with the approved plan and that a final as-built
plan is provided, showing the location of all plantings and lawn area. This bond shall be in the
form of a check made out to the Town of North Andover. This check will then be deposited into
an interest bearing bond account.
b) Fertilizers are limited to those which are either organic or slow-release nitrogen and phosphorous-
free. The applicant shall incorporate this condition as a deed restriction and a copy of the
recorded deed shall be submitted to the Town Planner and included in the file.
5) Prior to release of the Performance Bond:
3
` 108 Campion Road Map 62,Parcel 85
Watershed Special Permit—Re-Grading and Landscaping
February 5,2013
a) The applicant shall submit an as-built plan that shows all re-grading, plantings and new lawn area.
This as-built plan shall be submitted to the Town Planner for approval. The applicant must submit a
certification from the designer that the site was constructed as shown on the approved plan.
b) The Planning Board must by a majority vote make a finding that the site is in conformance with the
approved plan.
6) No open burning shall be done except as is permitted during burning season under the Fire Department
regulations.
7) The Contractor shall contact Dig Safe at least 72 hours prior to commencing excavation.
8) The provisions of this conditional approval shall apply to and be binding upon the applicant, it's
employees and all successors and assigns in interest or control.
9) This Special Permit approval shall be deemed to have lapsed February 5, 2015 (two years from the
date of issuance) exclusive of the time required to pursue or await determination of any appeals,
unless substantial use or construction has commenced within said two-year period. Substantial use or
construction will be determined by a majority vote of the Planning Board.
10) This decision must be filed with the North Essex Registry of Deeds. The following information is
included as part of this decision:
Plan titled: "Notice of Intent Plan#108 Campion Road North Andover,Mass"
Prepared for: Barbara P.Montopoli
108 Campion Road
North Andover,MA 01845
Prepared by: Andover Consultants, Inc.
1 East River Place
Methuen,Ma 01844
Scale: 1"=20'
Date: October 10,2012 and revised December 13,2012.
Sheets: 1
Plan titled: Landscape Plan"Drawn From"Notice of Intent Plan 108 Campion Road
Prepared by Judy Wright
Scale: 1"=20'
Sheets: 1
cc: Town Engineer
Building Inspector
Conservation Administrator
Applicant
Assessor's Office
File
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Massachusetts Department of Environmental Protection Provided by MassDEP:
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MssDEP File#:242-1572 i•
Bureau of Resource Protection-Wetlands Mas Transaction#550830
WPA Form 5-Order of Conditions Cityffown:NORTHANDOVER
(' Massachusetts Wetlands Protection Act M.G.L.c. 131,§40 t
A. General Information
1.Conservation Commission NORTH ANDOVER
2. Issuance a. F OOC b.E Amended OOC
3.Applicant Details
a.First Name BARBARA b.Last Name MONTOPOLI
c.Organization i
d.Mailing Address 108 CAMPION ROAD Zi Code 01845
e.City/Town NORTH ANDOVER f.State MA g. p
4.Property Owner
a.First Name BARBARA b.Last Name MONTOPOLI
c.Organization ,l
d.Mailing Address 108 CAMPION ROAD Zip Code 01845
e.City/Town NORTH ANDOVER f.State MA g. p
5.Project Location .
a.Street Address 108 CAMPION ROAD
b.CityfTown NORTH ANDOVER c.Zip Code 01845 u
d.Assessors Map/Plat#62 e.Parcel/Lot# 85
f.Latitude 42.70954N g.Longitude 71.09297W i
1!
6.Property recorded at the Registry of Deed for:
a.County b.Certificate c.Book d.Page ,'
NORTHERN ESSEX 3663 217
k
7.Dates
a.Date NOI Filed: 10/12/2012 b.Date Public Hearing Closed: 3/13/2013 C.Date Of Issuance: 3/27/2013
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:
i
NOTICE OF ANDOVER JAMES S.FAIRWEATHER II, `
INTENT PLAN,#108 December 13,2012 1"=20'
CAMPION ROAD CONSULTANTS,INC. P.E.
t.
LANDSCAPE PLAN JUDY WRIGHT Nov.2012 1"=20'
B. Findings
Page 1 of 10*ELECTRONIC COPY
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Li,i i,,,,i,i Massachusetts Department of Environmental Protection Provided by MassDEP: g'
i,,Bureau of Resource Protection-Wetlands MassDEP File#:242-1572
WPA Form 5 -Order of Conditions eDEP Transaction#:550830
City/I'own:NORTH ANDOVER
Massachusetts Wetlands Protection Act M.G.L.c. 131,§40
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. 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 c
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. i
Denied because:
b.r The proposed work cannot be conditioned to meet the performance standards set forth in the wetland regulations.Therefore, f.
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 a`
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).
s
3.F Buffer Zone Impacts:Shortest distance between limit of project disturbance and the wetland resource 5
area specified in 310CMR10.02(1)(a). a.linear feet
Inland Resource Area Impacts:(For Approvals Only):
Proposed Permitted Proposed Permitted
Resource Area Alteration Alteration Replacement Replacement
4. r Bank
a.linear feet b.linear feet c.linear feet d.linear feet
5.E 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
Page 2 of 10*ELECTRONIC COPY
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Massachusetts Department of Environmental Protection Provided by MassDEP:
Bureau of Resource Protection-Wetlands
MassDEP File#:242-1572
-1111"-i
ii„hk
WPA Form 5 -Order of Conditions eDEP Transaction#:550830
Massachusetts Wetlands Protection Act M.G.L.c. 131,§40 City/Town:NORTH ANDOVER
7.r Bordering Land Subject to Flooding
a.square feet b.square feet c.square feet d.square feet
Y
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 f.cubic feet
9.r Riverfront 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
Page 3 of 10*ELECTRONIC COPY
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Massachusetts Department of Environmental Protection Provided by MassDEP:
Bureau of Resource Protection-Wetlands
MassDEP File#:242-1572 c'
WPA Form 5-Order of Conditions eDEP Transaction#:550830
City/Town:NORTH ANDOVER
� Massachusetts Wetlands Protection Act M.G.L.c. 131,§40
{
0 i,?
a.square feet b.square feet c.square feet d.square feet
Indicate size under Coastal Banks,inland Bank,Land Under the t
20.I—Fish Runs Ocean,and/or inland Land Under Waterbodies and Waterways,
above
t
c.c/y dredged d.c/y dredged £"
is
21.E Land Subject to Coastal Storm Flowage
a.square feet b.square feet ,
22. {;
E estoration/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 t
entered in Section B.5.c&d or B.17.c&d above,please entered the additional amount here. t
t
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. i
i
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 I
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.
Page 4 of 10*ELECTRONIC COPY
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Massachusetts Department of Environmental Protection Provided by MassDEP: y:
E
Bureau of Resource Protection-Wetlands MassDEP File#:242-1572
eDEP Transaction#:550830
1
WPA Form 5-Order of Conditions Cityfl •
own:NORTH ANDOVER
Massachusetts Wetlands Protection Act M.G.L.c. 131,§40
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" 4
[or'MassDEP']
File Number:"242-1572"
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 hours Conservation compliance the
rth
Order,and may requ ire the submittal of any data deemed necessary by the Commsion or Department for
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) r 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
Page 5 of 10*ELECTRONIC COPY
L Massachusetts Department of Environmental Protection Provided by MassDEP:
MassDEP File#:242-1572
Bureau of Resource Protection-Wetlands
MassDEP
Transaction#:550830
WPA Form 5- rder of Conditions City/Town:NORTH ANDOVER
Massachusetts Wetlands Protection Act M.G.L.c. 131,§40
t
BMP plans are included,signed and stamped by a Registered Professional Engineer,certifying the site is fully stabilized;iii. £i
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 k
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
stormwater BMPs shall include access gates and shall be at least six inches above grade to allow for wildlife passage.
Page 6 of 10*ELECTRONIC COPY
F.`
Y
Massachusetts Department of Environmental Protection Provided by MassDEP:
MassDEP File#:242-1572
Bureau of Resource Protection-Wetlands Mass Transaction#:550830
WPA Form 5 -Order of Conditions
L
City/I own:NORTH ANDOVER
Massachusetts Wetlands Protection Act M.G.L.c. 131,§40
Special Conditions:
SEE ATTACHED.
5-
E
i-
Page 7 of 10*ELECTRONIC COPY
LAMassachusetts Department of Environmental Protection Provided by MassDEP:
Bureau of Resource Protection-Wetlands MassDEP File#:242-1572
WPA Form 5 - Order of Conditions eDEP Transaction#:550830
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 I— 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:
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
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.
t•
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:
Bureau of Resource Protection-Wetlands MassDEP File#:242-1572
WPA Form 5 -Order of Conditions eDEP Transaction#:550830
City/Town:NORTH ANDOVER
( Massachusetts Wetlands Protection Act M.G.L.c. 131, §40
E. Signatures
This Order is valid for three years from the date of issuance,unless otherwise specified 'OZ (/
`3
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
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.
Signatures:
A �
!IA iff
I— by and d= 'very on r'by certified mail,return receipt requested,on
}
�3
J f
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#:242-1572
WPA Form 5 - rder of Conditions eDEP Transaction#:550830
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
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:
108 CAMPION ROAD 242-1572
Project Location MassDEP File Number
Has been recorded at the Registry of Deeds of:
County Book Page
for.
Property Owner BARBARA MONTOPOLI
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 xev.4/1/2010
Page 10 of 10 *ELECTRONIC COPY
it
DEP FILE#242-1572
Therefore, the North Andover Conservation Commission (hereafter the "NACC") hereby
finds that the following conditions are necessary, in accordance with the Performance 1'
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 t;
proposals submitted with the Notice of Intent,the conditions shall control
GENERAL CONDITIONS
20. The proposed work includes: after the fact approval of clearing and grading within the
100 foot buffer zone to Bordering Vegetated Wetland (BVW). Restoration of the 25-foot
No-Disturbance Zone, additional landscaping with native plants and a pervious
seating area
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 James Fairweather
Andover Consultants, Inc.
1 East River Place
Andover, MA 01844
Filed: October 11, 2012
Property Owner: Barbara P. Montopoli
108 Campion Road
North Andover, MA 01845
Site Plans prepared by: Andover Consultants, Inc.
Titled: Notice of Intent Plan, #108 Campion Road
Date: October 10, 2012
Last Rev: Dec. 13, 2012
Stamped &Signed by James S. Fairweather II,P.E.
Judy Wright
Titled: Landscape Plan
Date: Nov. 2012
Other Record Documents: Letter from John F. Troy, Attorney at Law
Re: 20' wide pedestrian easement on Plan No. 10244
Date: November 20, 2012
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
242-1572, 108 Campion Road OOC 1 NACC 3/28/2013 4(
DEP FILE#242-1572
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 Bordering Vegetated Wetland (BVW). This resource area is 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 this resource area to the
identified interests. f
a:
33. The NACC agrees with the applicant's delineation of the wetland resource areas on 1
the site as shown on the plans dated referenced herein(Buffer Zone to wetland flags
8Ato18A).
34. The NACC finds that the intensive use of the upland areas and buffer zone proposed x
on this site will cause further alteration of the wetland resource areas. In order to
prevent any alteration of wetland resource areas a twenty five foot (25') No-
Disturbance Zone and a fifty foot (50') No-Construction Zone shall be established from
the edge of the adjacent wetland resource as shown on the herein referenced plan. The
Conservation Administrator and/or other agents of the NACC do not have the
authority to waive these setbacks as established under the local bylaw. No
disturbance of existing grade, soils or vegetation is permitted in the No-Disturbance
,
zone. (See Section 3.4 &Appendix F of the local Regulations).
35. The Planning Board issued a Watershed Special Permit dated February 5, 2013.
36. The planting plan,referenced herein,restores the 25' No-Disturbance Zone with native
plantings. Prior to planting, plant locations will be marked in the field to ensure that
access to the easement is maintained. The Conservation Department will be contacted
to inspect the marked locations. Plantings shall be monitored for two growing seasons
(April -October for two years) by a qualified environmental professional with a
monitoring report, including photographs, submitted to the NACC by November 1 of
each year. Plants that die or are not thriving during the monitoring period shall be
replaced. .
i
37. 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. f
E
38. 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. .
{
f
242-1572, 108 Campion Road OOC 3 NACC 3/28/2013 's'
DEP FILE#242-1572
sedimentation/erosion control devices, installation of seating area,buffer zone
restoration, and final stabilization on-site. A detail of the pervious seating area shall
also be submitted.
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.
4
46. Erosion controls,consisting of trenched siltation fence or other barrier as approved by $;
the Conservation Department, shall be placed between all construction areas and
down-gradient resource areas. The erosion control barrier will be properly installed
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 30 additional feet of silt fence or 10 hay bales and sufficient
stakes for staking these bales (or an equivalent amount of filter sock). Said sock/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
$2,000 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
242-1572, 108 Campion Road OOC 5 NACC 3/28/2013
s
i
fi
DEP FILE#242-1572
52. The applicant and/or the legal owner of that portion of land upon which these Orders
of Conditions have been placed shall provide to the NACC prior to transferring, or
assigning any portion of said land to another party, subject to said Orders of
Conditions, the"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 t
shall be provided to the Conservation Department at least five (5)business days prior
to the closing of said land transaction. K
53. Once these above mentioned pre-construction requirements are complete, the
applicant shall contact the Conservation Office prior to site preparation or t
construction and shall arrange an on-site conference with an NACC representative, the t
contractor, the engineer or 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 ry
proposed and shall supersede any conflicting contract requirements. The applicant i
shall assure that all contractors, subcontractors and other personnel performing the
permitted work are fully aware of the permit's terms and conditions. Thereafter,the
contractor will be held jointly liable for any violation of this Order of Conditions ,
resulting from failure to comply with its conditions. The applicant or contractor shall
notify the NACC in writing of the identity of the on-site construction supervisor hired
to coordinate construction and to ensure compliance with this Order. A reasonable
period of time shall be provided as notice of the pre-construction meeting(e.g. 72
hours).
STORMWATER MANAGEMENT CONDITIONS
54. 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.
DURING CONSTRUCTION
55. 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.
56. De-watering activities are not anticipated as part of the proposed project. 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-
242-1572, 108 Campion Road OOC 7 NACC 3/28/2013
k
DEP FILE#242-1572
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
65. 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.
66. Fertilizers utilized for landscaping and lawn care shall be slow release,low-nitrogen,
low phosphorous 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.
67. There shall be no dumping of leaves, grass clippings,brush, or other debris into a
wetland resource area or beyond the limits of clearing. This condition shall remain in
perpetuity.
68. 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.
69. 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.
70. 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.
PP re q
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
242-1572, 108 Campion Road OOC 9 NACC 3/28/2013
}
DEP FILE#242-1572
➢ Limitations on t he use of fertilizers, herbicides, and pesticides (Conditions
#66);
➢ Prohibition of dumping of leaves, grass clippings, brush, or other debris
(Condition#67);
{
242-1572, 108 Campion Road OOC 11 NACC 3/28/2013
andover 1 East River Place
consultants Methuen, Massachusetts 01844
Tel. (978) 687-3828
Inc. Fax (978) 686-5100
www.andoverconsultants.com
December 13,2012
North Andover Planning Board
Town Offices
1600 Osgood Street
North Andover, MA 01845
RE: Special Permit-Watershed Permit
108 Campion Road
North Andover,MA
Dear Members of the Board:
Enclosed please find attached:
• 2 copies of a completed Special Permit-Watershed Permit Application.
• 5 full sized copies of a plan titled"Landscape Plan Drawn from Notice of Intent Plan, 108 Campion
Road", prepared by Judy Wright.
• 2 full sized copies of a plan titled"Notice of Intent Plan, 108 Campion Road", prepared by Andover
Consultants, Inc,revision dated December 13, 2012.
• 3 11"x 17"reduced copies of the plan prepared by Andover Consultants, Inc.
• A copy of the Abutters List including copy of certified list of North Andover abutters.
• Abutter notice envelopes and postage.
It is my understanding that at a public meeting held on November 20,2012,the Planning Board waived the filing
fees for this application.
The Application for a Special Permit-Watershed Permit is made to perform work within the 100-foot Non
Disturbance Zone adjacent to a wetland resource within the Watershed Protection Overlay District. Since the
work will include only a minor alteration of topography,the re-landscaping of the back yard per a plan by others,
and the construction of a gazebo on an existing impervious area,the proposed work will not, in my opinion,
significantly degrade the quality or quantity of water entering Lake Cochichewick.
Should you require any additional information, or have any questions concerning the project,please feel free to
contact us.
Sincerely,
ANDOVER CONSULTANTS,INC. JAMES S. ���
,'- � FAIR`NEA7HER it �
CIVIL
l� ff� ff� No.34716
v'""'�V �' A .0(s6 Ee".
James S. Fairweather II, P.E.
Project Engineer v'
Enclosures
cc
Barbara Montopoli
Civil Engineers • Land Surveyors • Land Planners
/
f MORTF/ 1 PECE,VEO f
: sell. ni: 2012 DEC 13 PPl 1: 58
,9ss401115 NOR 11-; 'bL;' ,`i.
PLANNING DEPARTMENT t1ASSAC °,,- , -,
Community Development Division
S 1 ecial Permit— Watershed Permit A • .lication
Please type or print clearly.
1.Petitioner: Barbara P. Montopoli
Petitioner's Address: 108 Campion Road
Telephone number: 978-686-9484
2.Owners of the Land: Barbara P. &Duane C. Montopoli
Address: 108 Campion Road
Number of years of ownership: 21
3.Year lot was created: 1986
4. Is the lot currently on septic or sewer? Sewer
If on sewer,please provide date the sewer connection was
completed: July 24, 1986
5.Description of Proposed Project: Regrade a portion of the back yard,remove existing
trees and existing landscaping inorder to re-landscape the back yard.
Work also proposes removing a portion of an existing,abutting driveway which encroaches
onto the lot and reconstructing a stone wall. The proposed work is within the 100-foot
Non-Disturbance Zone of a resource area (wetland) within the Watershed Protection Overlay
District.
6.Description of Premises: Existing dwelling on a 1.03 acre lot
7.Address of Property Being Affected: 108 Campion Road
Zoning District: R1
Assessors Map: 62 Lot#: 85
Registry of Deeds: Book#: 12446 Page#: 238
8.Existing Lot:
Lot Area(Sq.Ft): 44,987 Building Height: unknown <35'
Street Frontage: 252.33' Side Setbacks: 31',32'
Front Setback: 47' Rear Setback: 56'
Floor Area Ratio: 0.12 Lot Coverage: 0.09
9.Proposed Lot(if applicable):
Lot Area(Sq.Ft): N/A Building Height:
Street Frontage: Side Setbacks:
Page 1 of 2
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 8/6/07
Front Setback: Rear Setback:
Floor Area Ratio: Lot Coverage:
10.Required Lot(as required by Zoning Bylaw):
Lot Area(Sq. Ft): 87.120 Building Height: 35'
Street Frontage: 175' Side Setbacks: 30'
Front Setback: 30' Rear Setback: 30'
Floor Area Ratio: n/a Lot Coverage: n/a
11.Existing Building(if applicable):
Ground Floor(Sq.Ft.): 4,138 #of Floors: 2
Total Sq.Ft.: 5,289 Height: unknown <35'
Use: residential Type of Construction: wood frame
12.Proposed Building:
Ground Floor(Sq.Ft.): N/A #of Floors:
Total Sq.Ft. Height:
Use: Type of Construction:
13.Has there been a previous application for a Special Permit from the Planning Board on these
premises? unknown If so,when and for what type of construction?
14.Section of Zoning Bylaw that Special Permit is Being
Requested 4.136.3.c.ii(1)(2)
15.Petitioner and Landowner signature(s):
Every application for a Special Permit shall be made on this form,which is the official form of the
Planning Board. Every application shall be filed with the Town Clerk's office. It shall be the
responsibility of the petitioner to furnish all supporting documentation with this application. The
dated copy of this application received by the Town Clerk or Planning Office does not absolve the
applicant from this responsibility. The petitioner shall be responsible for all expenses for filing and
legal notification. Failure to comply with application requirements, as cited herein and in the
Planning Board Rules and Regulations may result in a dismissal by the Planning Board of this
application as incomplete.
'ter
Petfioner's Signature: /wt� get e"iarod- '%' i 744,/,‘..,‘•
Print or type name here: Barbara P. ontopoli
Owner's Signature: 6 ' ‘2.1;ige.4 dr d ca, '''j a 74.vK
Print or type name here: Barbara P.Montopoli
16.Please list title of plans and documents you will be attaching to this application.
1. "Landscape Plan Drawn from Notice of Intent Plan 108 Campion Road"
prepared by Judy Wright.
2. "Notice of Intent Plan, 108 Campion Road",prepared by Andover Consultants,Inc.,
revision dated Dec. 13, 2012.
Page 2 of 2
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 8/6/07
t
• Verizon MyVerizon 2.0 I Verizon Message Center - Permissio... Page 1 of 1
�/y+•+zan
Verizon Message Center
Thursday, Dec 13 at 12:01 PM
From: "Barbara Montopoli"<bmontop @comcast.net>
To: wsmacleod @verizon.net
Subject:Permission to sign North Andover Site Plan document for 108 Campion Road North Andover, MA
Bill,
You have my permission to sign the North Andover site plan document for 108 Campion Road to submit to
the planning commission for the January 2013 Meeting. Barbara Montopoli
http://mail.verizon.com/webmail/public/print.jsp?wid=vz widg... 12/13/2012