HomeMy WebLinkAboutMiscellaneous - 242 DALE STREET I. I
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Massachusetts Department of Environmental Protection Provided by MassDEP:
\---: Bureau of Resource Protection-Wetlands MassDEP File#:242-1652
WPA Form 5 Oder of Conditions eDEP Transaction#:756784
i' Massachusetts Wetlands Protection Act M.G.L.c. 131, §40 City/Town:NORTH ANDOVER
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A. General Information
1.Conservation Commission NORTH ANDOVER F
2. Issuance a. r OOC b.F Amended OOC is
3.Applicant Details
a.First Name ROB b.Last Name BARTER t
c.Organization
d.Mailing Address 242 DALE STREET
e.City/Town NORTH ANDOVER f State MA g.Zip Code 01845 z.
4.Property Owner F'
a.First Name JULIE b.Last Name NIGRO 1'f-
c.Organization
d.Mailing Address 242 DALE STREET
e.City/Town NORTH ANDOVER f.State MA g.Zip Code 01845 i
5.Project Location t
a.Street Address 242 DALE STREET
b.City/Town NORTH ANDOVER c.Zip Code 01845 i
d.Assessors Map/Plat#64 e.Parcel/Lot# 30
f.Latitude 42.68266N g.Longitude 71.08967W
6.Property recorded at the Registry of Deed for:
a.County b.Certificate c.Book d.Page F`
NORTHERN ESSEX 12615 5 i,
7.Dates f
a.Date NOI Filed: 5/14/2015 b.Date Public Hearing Closed: 7/8/2015 c.Date Of Issuance: 7/9/2015
!1::
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:
#242 DALE STREET,
SITE SULLIVAN JOHN D.SULLIVAN III,P.E.
DEVELOPMENT- ENGINEERING AND PAUL FINOCCHIO, 6/9/2015 1"=20'
PLAN OF LAND GROUP,LLC PLS
B. Findings #"
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Massachusetts Department of Environmental Protection Provided by MassDEP:
Bureau of Resource Protection-Wetlands MassDEP File#:242-1652
WPA Form 5-Order of Conditions eDEP Transaction#:756784
Massachusetts Wetlands Protection Act M.G.L.c. 131,§40
City/I'own:NORTH ANDOVER
7.r Bordering Land Subject to Flooding
a.square feet b.square feet c.square feet d.square feet
Cubic Feet Flood Storage
e.cubic feet f.cubic feet g.cubic feet h.cubic feet
8.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
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Massachusetts Department of Environmental Protection Provided by MassDEP:
Bureau of Resource Protection- MassDEP File#:242-1652
WPA Form 5 -Order of ConWditions etlands eDEP Transaction#:756784
{\ Massachusetts Wetlands Protection Act M.G.L.c. 131, §40
City/Town:NORTH ANDOVER
9. No work shall be undertaken until the Order has become final and then has been recorded in the Registry of Deeds or the Land
Court for the district in which the land is located,within the chain of title of the affected property.In the case of recorded land,
the Final Order shall also be noted in the Registry's Grantor Index under the name of the owner of the land upon which the
proposed work is to be done.In the case of the registered land,the Final Order shall also be noted on the Land Court
Certificate of Title of the owner of the land upon which the proposed work is done.The recording information shall be submitted
to the Conservation Commission on the form at the end of this Order,which form must be stamped by the Registry of Deeds,
prior to the commencement of work..
10. A sign shall be displayed at the site not less then two square feet or more than three square feet in size bearing the words,
"Massachusetts Department of Environmental Protection"
[or'MassDEP"]
File Number:"242-1652"
11. Where the Department of Environmental Protection is requested to issue a Superseding Order,the Conservation Commission
shall be a party to all agency proceedings and hearings before Mass DEP.
12. Upon completion of the work described herein,the applicant shall submit a Request for Certificate of Compliance(WPA Form
8A)to the Conservation Commission.
13. The work shall conform to the plans and special conditions referenced in this order.
14. Any change to the plans identified in Condition#13 above shall require the applicant to inquire of the Conservation Commission
in writing whether the change is significant enough to require the filing of a new Notice of Intent.
15. The Agent or members of the Conservation Commission and the Department of Environmental Protection shall have the right to
enter and inspect the area subject to this Order at reasonable hours to evaluate compliance with the conditions stated in this
Order,and may require the submittal of any data deemed necessary by the Conservation Commission or Department for that
evaluation.
16. This Order of Conditions shall apply to any successor in interest or successor in control of the property subject to this Order and
to any contractor or other person performing work conditioned by this Order.
17. Prior to the start of work,and if the project involves work adjacent to a Bordering Vegetated Wetland,the boundary of the
wetland in the vicinity of the proposed work area shall be marked by wooden stakes or flagging.Once in place,the wetland
boundary markers shall be maintained until a Certificate of Compliance has been issued by the Conservation Commission.
18. All sedimentation barriers shall be maintained in good repair until all disturbed areas have been fully stabilized with vegetation or
other means.At no time shall sediments be deposited in a wetland or water body.During construction,the applicant or his/her
designee shall inspect the erosion controls on a daily basis and shall remove accumulated sediments as needed.The applicant
shall immediately control any erosion problems that occur at the site and shall also immediately notify the Conservation
Commission,which reserves the right to require additional erosion and/or damage prevention controls it may deem necessary.
Sedimentation barriers shall serve as the limit of work unless another limit of work line has been approved by this Order.
NOTICE OF STORMWATER CONTROL AND MAINTENANCE REQUIREMENTS
19. The work associated with this Order(the"Project")is(1) E 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
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Massachusetts Department of Environmental Protection Provided by MassDEP:
Bureau e on-Wetl MassDEP File#:242-1652
WPA Fof Resource
5 - Oder Protecti of Conditiands ons eDEP Transaction#:756784
(` Massachusetts Wetlands Protection Act M.G.L.c. 131,§40 Cityffown:NORTHRNDOVER
Special Conditions:
D. Findings Under Municipal Wetlands Bylaw or Ordinance
1. Is a municipal wetlands bylaw or ordinance applicable?F Yes E 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
WETLANDS 1.Municipal Ordinance or Bylaw 2.Citation CHAPTER 178
PROTE CTI ON
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#:242-1652
�` WPA Form 5-Order of Conditions
eDEP Transaction#:756784
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:
242 DALE STREET 242-1652
Project Location MassDEP File Number
Has been recorded at the Registry of Deeds of:
County Book Page
for.
Property Owner JULIE NIGRO
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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DEP FILE #242-1652
Dated: May 6, 2014
Revised: 6/9/15
Signed and Stamped by John D. Sullivan III, P.E.
Wetland Delineation: Arrow Environmental, LLC
Date: April 25, 2015
22. The term"Applicant" as used in this Order of Conditions shall refer to the owner, any
successor in interest or successor in control of the property referenced in the Notice of
Intent, supporting documents and this Order of Conditions. The NACC shall be
notified in writing within 30 days of all transfers of title of any portion of property that
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takes place prior to the issuance of a Certificate of Compliance.
23. The conditions of this decision shall apply to, and be binding upon, the applicant,
owner, its employees and all successors and assigns in interest or control. These
obligations shall be expressed in covenants in all deeds to succeeding owners of
portions of the property. ,.
24. Failure to comply with all conditions stated herein, and with all related statutes and
other regulatory measures, shall be deemed cause to revoke or modify this Order.
25. This Order does not grant any property rights or any exclusive privileges; it does not
authorize any injury to private property or invasion of property rights. However, the
NACC, agent of the NACC or the Department of Environmental Protection (DEP) <'
reserves the right to enter and inspect the property at all reasonable times until a
Certificate of Compliance is issued, to evaluate compliance with this Order of
Conditions, the Act (310 CMR 10.00), the North Andover Wetland ByLaw and
Regulations, and may require any information, measurements, photographs,
observations, and/or materials, or may require the submittal of any data or
information deemed necessary by the NACC for that evaluation. Further, work shall
be halted on the site if the NACC, agent or DEP determines that any of the work is not
in compliance with this Order of Conditions. Work shall not resume until the NACC E'
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 Y
periods of up to one year each upon application to the issuing authority at least thirty
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37. The owners of the project and their successors in title agree that the Order does not in
itself impose upon the Town any responsibility to maintain the proposed drainage
system and that said Town shall not be liable for any damage in the event of failure.
By acceptance of this Order, the owners agree to indemnify and hold harmless to the
Town and its residents for any damage attributable to alterations undertaken on this
property pursuant to the Order. Issuance of these Conditions does not in any way
imply or certify that the site or downstream areas will not be subject to flooding, storm
damage or any other form of water damage.
PRIOR TO CONSTRUCTION '
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 242-1652."
41. Any other changes in the submitted plans caused by the applicant, another Board's
decision or resulting from this Order of Conditions must be submitted to the NACC
for approval prior to implementation. If the NACC finds said changes to be
significant, the NACC will call for another public hearing (at the expense of the
applicant). Within 21 days of the close of said public hearing the NACC will issue an
amended or new Order of Conditions. Any errors found in the plans or information
submitted by the applicant shall be considered as changes. No work shall begin on a
project until written approval has been granted by the NACC.
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
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DEP FILE#242-1652 I
conditioned on the completion of all conditions hereof, shall be signed by a party or '
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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 F
portions of the project for the NACC's review and approval. This condition is issued
under the authority of the local Bylaw.
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48. 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 L
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 t
weekends. Proof of the retained monitor must be submitted to the Conservation
Department on letterhead by the retained consulting firm. This person shall be given
the authority to stop construction for erosion control purposes. The Environmental
Professional will immediately notify the Conservation agent of any matter that
requires attention by the Commission or the agent. The erosion control monitor will
be required to inspect all such devices and oversee cleaning and the proper disposal of
waste products. Cleaning shall include removal of any entrapped silt. F
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49. At least once during each week in which construction activities occurs on-site and for
as long thereafter as ground remains unstabilized, the applicant shall submit a written
report with photos from the "Erosion Control Monitor" to the NACC certifying that, K
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 I
sedimentation/erosion control measures and assume responsibility for their 1
maintenance on a weekly basis and that they are functioning as intended. In addition,
all wetland resource areas must be visually inspected for siltation, turbidity, and/or
other water quality impacts. The Erosion Control Monitor shall be on site during
and/or following a major storm event of 1/2" inch of rain or greater (24 hour event) to
ensure that soils remain stable, and erosion controls are adequate and secure. I
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50. Prior to construction or when the fence is installed, the applicant shall permanently )
mark the edge of the "25' No-Disturbance Zone" (or fence along the rear of the
property) on all delineated wetlands with signs or markers spaced evenly every 30
feet incorporating the following text: "Protected Wetland Resource Area" and the
associated rules (1 square for every 3 round markers). These markers will designate
the sensitivity of the resource area and assure no further inadvertent encroachment
into the wetland. These permanent markers are subject to review and 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 a
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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. Dewatering activities are not anticipated or approved. 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 (including the Buffer Zone). 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.
57. Construction access shall be over the existing driveway and lawn as shown on the
approved plan. At the end of each work day, the driveway will be swept to prevent
sediment tracking.
58. 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.
59. All exposed soil finish grade surfaces shall be immediately landscaped and stabilized,
or loamed, seeded and mulched, with a layer of mulch hay. All disturbed areas must
be graded, loamed and seeded prior to November 1st of each year. Outside of the
growing season, exposed soil finish grade surfaces shall be stabilized with a layer of
mulch hay or other stabilization method (as directed by the Conservation Department)
until climate conditions allow for seeding. During construction, any area of exposed
soils that will be left idle for more than 30 days shall be stabilized with a layer of
mulch hay or other means as directed by the NACC.
60. No re-grading in the buffer zone shall have a slope steeper than 2:1 (horizontal:
vertical). Slopes of steeper grade shall be rip-rapped to provide permanent
stabilization.
61. There shall be no stockpiling of soil or other materials within 100-feet of any resource
area. All stockpiled materials shall be stored in the area shown on the herein
referenced plan.
62. Washings from concrete trucks, or surplus concrete, shall not be directed to, any
drainage system, or wetland resource area. If truck washing is necessary an area shall
be designated and approved by the Conservation Department.
63. 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
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71. 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.
72. 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 =i
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 (P.E.) (and/or Registered Professional Land Surveyor) of the
Commonwealth,for the public record. This plan will include:
➢ "As-Built" post-development elevations of all drainage & stormwater
management structures constructed within 100 feet of any wetland resource
area. NOTE: If portions of the stormwater systems exist partially within the
Buffer Zone then the entire structure must be depicted to accurately verify
compliance.
➢ "As-Built" post-development elevations and grades of all filled or altered
wetland resource areas including the encompassing buffer zone which is
regulated as a resource area under the local Wetland Protection Bylaw.
➢ Distances from structures to wetland resource areas. Structures include (but s;
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.
73. The following special conditions shall survive the issuance of a Certificate of
Compliance (COC) for this project:
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DEP FILE #242-1652
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.
&./or
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. x`
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)
242-1652,242 Dale Street ooc special conditions 12 NACC 7/9/2015
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RECEIVED
of so DT�,tio TO W44 CLERK'S OFFICE
? .00 . , ., up Town of North Andover
Office of the Planning Department 2015 JUL 10 AM 1 : 05
* Community Development and Services Division
S• SwcNus 1600 Osgood Street TOWN OF
North Andover, Massachusetts 01845 SAC c
NOTICE OF DECISION This is to certify that twenty(20)days
WATERSHED SPECIAL PERMIT have elapsed from date of decision,filed
without filing ate l alveoli S a
Any appeal shall be filed Joys*A.Bradshaw
within (20) days after the Town Cla
date of filing this notice in
the office of the Town Clerk.
Date: July 10, 2015
Date of Hearings: June 16,2015,July 7,2015
Date of Decision: July 7, 2015
Petition of: Julie Nigro & Rob Barter,242 Dale Street North Andover,MA 01845
Premises Affected: 242 Dale Street(Map 64,Lot 30) R1 Zoning District
The above referenced petition for a Watershed Special Permit is in accordance with the
requirements of the North Andover Zoning Bylaw, Sections 4.136 and 10.3.
So as to allow the construction and installation of an above ground swimming pool, deck,
removal of old patio and installation of a new patio in kind, retaining wall, fencing and removal
of four trees within the non-disturbance and non-discharge zone to the Watershed Protection
District.
After a Public Hearing given on the above date, and upon a motion by David Kellogg and seconded
by Lynne Rudnicki to APPROVE the Special Permit for the Watershed Protection District, as
amended with amended language recommended by the Planning Board to be reviewed by Board
prior to signature and based upon the following conditions. Vote was unanimous in favor of the
application.
atl 474—
John Simons, Chairman
Lynne Rudnicki
Lora McSherry
ATE Peter Boynton
ATrue Copy
Q.
David Kellogg
Iowa C irk
, a
. 242 Dale St.Map 64 Lot 30
Watershed Special Permit
July 10,2015
The Public Hearing on the above referenced application was opened on June 16, 2015 and was
closed by the North Andover Planning Board on July 7, 2015.
,
On July 7, 2015 upon a motion made by David Kellogg and seconded by Lynne Rudnicki to
GRANT a Watershed Special Permit to allow the construction of and installation of; an above
ground swimming pool, a deck, removal of old patio and installation of a new patio in kind,
retaining wall, fencing and removal of four trees within the non-disturbance and non-discharge
zone to the Watershed Protection District.
This Special Permit was requested by Julie Nigro & Rob Barter, 242 Dale Street North Andover,
MA 01845 on May 14, 2015.
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 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. That as a result of the proposed construction and installation,the Board has determined there
will not be any significant degradation of the quality or quantity of water in or entering Lake
Cochichewick. The final design reflects adequate safeguards to mitigate pollutants from
entering Lake Cochichewick. The proposed construction complies with Best
Management Practices for erosion, siltation, and stormwater control. The Planning Board
bases this finding on the following facts:
a. The construction has been reviewed by Town Staff and by the Planning Board's
outside consultant, Lisa Eggleston and with the application of erosion control
measures the proposed project will not result in any significant degradation of the
quality or quantity of water in or entering Lake Cochichewick.
b. The new project will create approximately 457 sq. ft. of new impervious surface
from the above ground pool. The increase in impervious surface will be mitigated
2 of 6
• . 242 Dale St.Map 64 Lot 30
Watershed Special Permit
July 10,2015
by installing crush stone in a depth of 6 inches under the deck creating 688s.f. of
area to promote groundwater recharge.
c. Fertilizers will be limited to those which are either organic or slow-release nitrogen
and phosphorous-free. These restrictions will be noted in the deed.
2. The existing structure is connected to the Town sewer and water systems.
3. The existing lot complies with the current Zoning Bylaw with regard to frontage and
acreage. The lot was created in 1973 and is not subject to the Conservation Zone, as
described in section 4.136.2 Table 1 but is subject to 4.136.2 Table 2.
4. 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:
1. The specific site is appropriate for the proposed use as the wetlands delineation were
reviewed and approved by the Town of North Andover Conservation staff.
2. The proposed addition will not adversely affect the neighborhood as the lot is located in a
Residential 1 Zoning District;
3. There will be no nuisance or serious hazard to vehicles or pedestrians;
4. Adequate and appropriate facilities are provided for the proper operation of the proposed
use;
5. 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 16,200 sq. ft. parcel of land with frontage on Dale Street
as shown on Assessors Map 64, Parcel 30, and also known as 242 Dale Street,
North Andover, Massachusetts.
b. The "Plans"refer to the plans prepared by Sullivan Engineering Group, LLC, }`
P.O. Box 2004 Woburn MA 01888. (781) 854-8644
i. Titled: Site Development Plan 242 Dale Street
ii. Dated: Dated: May 6, 2015 Revised June 9, 2015
iii. Signed by: John Sullivan, Registered Civil Engineer
3 of 6
i
• . 242 Dale St.Map 64 Lot 30
Watershed Special Permit
July 10,2015
c. The "Project" or "242 Dale St." refers construction and installation of an above
ground swimming pool, a deck, removal of old patio and installation of a new
patio in kind, retaining wall, fencing and removal of four trees within the Non-
Disturbance and Non-Discharge zone to the Watershed Protection District.
d. The "Applicant" refers to Julie Nigro and Rob Barter, 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. The Planning Board holds the final authority on determination of
changes to the plans.
3. 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
shall submit copy of the recorded deed to the Town Planner.
4. The pool shall have a non-backwashing, cartridge style filter installed for the pool.
5. Draining of pool water is prohibited into an area subject to jurisdiction of the Wetlands
Protection Act.
6. Discharge of pool water into the town's storm water management system and town sewer
is strictly forbidden.
7. All pool chemicals shall be properly stored according to manufacturers' labels inside the
physical house not in any ancillary structure.
8. Prior to the endorsement plan:
a. The applicant shall incorporate the following conditions as a deed restriction and a
copy of the recorded deed shall be submitted to the Town Planner.
i. Fertilizers are limited to those which are either organic or slow-release
nitrogen and phosphorous-free.
ii. Discharge of pool water into the town's storm water management system
and town sewer is strictly forbidden.
iii. Draining of pool water is prohibited into an area subject to jurisdiction of
the Wetlands Protection Act.
iv. Pool chemicals shall be properly stored according to manufacturer's labels
or best practices within the physical house and not in any ancillary
structure.
4 of 6
• • 242 Dale St.Map 64 Lot 30
Watershed Special Permit
July 10,2015
b. The applicant will provide copies of all Decisions, Notification and Orders of
Conditions from the North Andover Conservation Commission.
9. Prior to the start of construction, work done on the site or the issuance of a building
permit,the applicant must conform with the following:
a. A performance bond in the amount of one thousand dollars ($1,000.00) shall be
posted. Construction, erosion control measures, and performance of any other r
condition contained herein will take place in accordance with the plans and the
conditions of this decision and to ensure that the as-built plans will be submitted.
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. All erosion control measures as shown on the plan must be in place and reviewed by
the Town Planner and Conservation Department.
,
c. A pre-construction meeting must be held with the appropriate parties involved in the
construction, their employees, Planning Department and Conservation Department
(and other applicable departments) to discuss scheduling of inspections to be
conducted on the project and the construction schedule.
10. Prior to release of the Performance Bond:
a. The applicant shall show compliance with this decision and submit an as-built plan
stamped by a Registered Professional Engineer in Massachusetts that shows all
construction and installation of an above ground swimming pool, a deck, removal
of old patio and installation of a new patio in kind, retaining wall, fencing and the
installation of the gravel under the deck to promote ground water recharge. This
as-built plan shall be submitted to the Town Planner for approval and must be
provided in paper form as well as in SDF (Standard Digital File) format. The
applicant must also submit a letter from the engineer that the project substantially
complies with the plans referenced in this decision and as endorsed by the Planning
Board.
b. The Planning Board must by a majority vote make a finding that the site is in
conformance with the approved plan.
11. No open burning shall be done except as is permitted during burning season under the Fire
Department regulations.
12. The Contractor shall contact Dig Safe at least 72 hours prior to commencing excavation.
13. 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.
5 of 6
•
- 242 Dale St.Map 64 Lot 30
Watershed Special Permit
July 10,2015
14. This Special Permit approval shall be deemed to have lapsed July 10, 2017 (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.
15. This decision must be filed with the North Essex Registry of Deeds. The following
information is included as part of this decision:
The "Plans"refer to the plans prepared by Sullivan Engineering Group, LLC, P.O.
Box 2004 Woburn MA 01888. (781) 854-8644
Titled: Site Development Plan 242 Dale Street
Dated: Dated: May 6, 2015 Revised June 9, 2015
Signed by: John Sullivan, Registered Civil Engineer
Right to Appeal
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 this decision within twenty days after
the date this decision has been filed with the Town Clerk.
cc: Town Engineer
Building Inspector
Conservation Administrator
Planning Board
Applicant
Assessor's Office
File
6 of 6
I Print Corm
soR7F,
O „ o 140
RECEIVED
0 ".a ..: �J/y D I•k' "-rf r.w.E R.'$ OFFICE
2015 MAY I4 AM8: 43
SS4CHUS°
TGWU C
PLANNING DEPARTMENT NORTH ANDOVER
Community Development Division MASSACHt) FTTS
S s ecial Permit — Watershed Permit A s s lication
Please type or print clearly.
1. Petitioner:Julie Nigro + Rob Barter
Petitioner's Address: 242 Dale Street, North Andover, MA 01845
Telephone number: 508-982-6886
2.Owners of the Land: Julie Nigro
Address: 242 Dale Street North Andover, MA 01845
Number of years of ownership:Approximately 4 years(purchased 9-15-2011)
3.Year lot was created: 1973
4. Is the lot currently on septic or sewer?
Con�leC e *o al ■ er
If on sewer,please provide date the sewer connection was
completed:Connected in 2008 per DPW; no exact date provided
5. Description of Proposed Project:
Applicant is proposing to construct an aboveground pool, deck, patio (to replace an existing patio
in-kind), fencing, and remove 4 trees within the 100 foot discretionary zone to the Watershed.
6. Description of Premises: 16,200 s.f. lot improved with an existing single family house
7.Address of Property Being Affected:242 Dale Street
Zoning District: R1
Assessors Map:64 Lot#: 30
Registry of Deeds: Book#: 12615 Page#: 5
8. Existing Lot:
Lot Area(Sq. Ft): 16,200 s.f. Building Height: 1 story
Street Frontage: 70 feet Side Setbacks:
Front Setback: Rear Setback:
Floor Area Ratio: Lot Coverage:
9. Proposed Lot(if applicable):
Lot Area(Sq. Ft): Building Height:
Street Frontage: Side Setbacks:
Page l 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
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 feet max
Street Frontage: 175 feet Side Setbacks: 30 feet
Front Setback: 30 feet Rear Setback: 30 feet
Floor Area Ratio: n/a Lot Coverage: n/a
11. Existing Building(if applicable):
Ground Floor(Sq. Ft.): #of Floors:
Total Sq. Ft.: Height:
Use Type of Construction:
12. Proposed Building:
Ground Floor(Sq. Ft.): n/a #of Floors: n/a
Total Sq. Ft. n/a Height: n/a
Use: Type of Construction:
13. Has there been a previous application for a Special Permit from the Planning Board on these
premises?No If so,when and for what type of construction?
14.Section of Zoning Bylaw that Special Permit Is Being
Requested 4.136
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 resul a dismissal by the Planning Board of this
application as inco •lets. /
I
Petitioner's Signature: !_ '. _ .;`/► ! Ati%�
Print or type name her;./Julie Nigro / Rob Bart-
Owner's Signature: `���]A .
Print or type name hr'Julie Nigro /
16. Please list title of plans and documents you will be attaching to this application.
Site Development Plan of Land-242 Dale Street by Sullivan Engineering Group,LLC dated 5/6/15
0
Page 2 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
ti
Abutter to Abutter( ) Building Dept (X ) Conservation (X ) Zoning ( X ) zi
TOWN of NORTH ANDOVER
ABUTTER LIST
REQUIREMENT: MGL 40A,Section 11 states in part"Parties in Interest as used in this chapter std mean the petitioner,
abutters,owners of land directly opposite on any public or private way,and abutters to abutters within
I,<
three hundred(300)feet of the property line of the petitioner as they appear on the most recent applicable _
tax list,not withstanding that the land of any such owner is located in another city or town,the planning
board of the city or town,and the planning board of every abutting city or town."
Snbtect Property:
MAP PARCEL ti6106 Address
64 30 Julie Nigro 242 Dale Street,North Andover,MA 01845
Abutters Properties
MOP Parcels Name Address
37.B 2 Town of North Andover 120 Main Street,North Andover,MA 01845
64 12 Frank Stewart 15 Blue Ridge Road,North Andover,MA 01845
64 13 Edward Morgan 228 Dale Street,North Andover,MA 01845
84 14 Michael Chittick 299 Dale Street North Andover,MA 01845
64 15 Valerie Bardasc:ini 287 Dale Street,North Andover,MA 01845
64 19 Duncan Kelly 240 Dale Street,North Andover,MA 01845
64 23&31 Harold Morley 256 Dale Street,North Andover,MA 01845
64 27 244 Dale Street Realty Trust 244 Dale Street,North Andover,MA 01845
64 28 David Cronin 234 Dale Street,North Andover,MA 01845
64 62 Bernard Family Realty Trust 10 Bear Hill Road,North Andover,MA 01845
64 76 Stephen Querzoli 259 Dale Street,North Andover,MA 01845
64 77 Ahren Lippman 275 Dale Street,North Andover,MA 01845
This certifies that the names appearing on the
records of the Assessors • = as of
Certified by.i' ..r,:, Date
i.
Sullivan Engineering Group, LLC
Civil Engineers&Land Development Consultants
Watershed Special Permit Application
242 Dale Street (Tax Map 64 Parcel 30)
To: North Andover Planning Board
From: Jack Sullivan,P.E.
Date: ,May 12,2015
Subject: 242 Dale Street—Written Support for Project
Planning Board Members:
The following written summary is prepared on behalf of the applicants,Julie Nigro&Rob Barter,in support
of various construction activities within the Watershed District. This project involves the construction of an
aboveground pool,deck,replacement of an existing patio(in-kind), installation of fencing,removal of four(4)
trees and site grading with portions of the above work within the 100 foot"Non-Disturbance"zone as defined
under the Watershed District Bylaw. It should be noted that this lot was created in 1973..
The following items as outlined in the Watershed Special Permit requirements are listed below(responses to
required items are in italic);
1. Encouraging the most appropriate use of land
This site is zoned residential and the proposed site development items listed above are appropriate for
this parcel. The current owner has owned this parcel for 4 years and seeking to make improvements
to the property to further enjoy their home.
2. Preventing overcrowding of land
The proposed construction activities are accessory uses to the primary dwelling and the deck and
above ground pool are centrally located on the property and within zoning setback requirements from
all lot lines.
3. Conserving the value of land and buildings.
The proposed site development will enhance surrounding building and land values, while being
aesthetically pleasing.
4. Lessening congestion of traffic
This project will not increase traffic congestion since this is a single family dwelling with limited
trips per day. There is no proposed increase in size of the dwelling, increase in parking spaces, or
increases in number of residents, therefore existing traffic flow from the site will remain constant.
5. Preventing undue concentration of population
This property currently has 2 residents and will remain as such following completion of this project.
6. Providing adequate light and air
There will be no adverse impact to current background air and light levels.
NI Rnx 701.14 Wnhnrn MA Al RRR 7R1-R54-RA44 e-mail- iaelrmi11510enmeact net
t
/. Keducmg the hazards trom tire and other danger.
There will be no increase in hazard levels from fire or other dangers.
8. Assisting in the economical provisions of transportation, water, sewerage, schools,parks, and other public
facilities.
This project will not impact the above noted public facilities and/or utilities. There will not be a
negative impact to the economics of any public utility.
9. Controlling the use of bodies of water,including watercourses:
This project does not directly abut the Lake and will not have a negative impact on present uses of the
Lake or tributaries thereto.
10. Reducing the probability of losses resulting from floods:
This property is not located within a designated Flood Plain as shown as the latest FIRM maps. The
proposed construction will utilize drainage mitigation to collect& recharge stormwater runoff back to
the groundwater table. There will be no increase of stormwater runoff from this site. There will be no
increase in flooding probability due to the development of the property.
11. Reserving and increasing the amenities of the Town
This project will increase the amenities of the Town through an improvement to the property and
additional tax revenue due to the new construction assessment.
The Planning Board, in reviewing this application, will note that all threshold requirements for granting the
Special Permit are met and/or exceeded.
Further written documentation is provided below(responses to required items are in italics)
1. Written certification by a Registered Professional Engineer, or other scientist educated in and possessing
extensive experience in the science of hydrology and hydrogeology, stating that there will not be any
significant degradation of the quality or quantity or water in or entering Lake Cochichewick.
1) No pesticides,fungicides, chemicals, or non-organic fertilizers will be used in lawn care or
maintenance. Presently, there are no limitations on the type or quantity offertilizers.
2) Siltation controls are proposed at the limit of work during construction and until the site is final G'
stabilized by landscaped means to protect the lake and surrounding properties from any potential
runoff impacts.
3) Stormwater mitigation has been provided to account for increases in impervious areas. Crushed stone I
to a depth of 6"will be provided under all proposed decking areas (total square footage of crushed
stone = 688 sf). This will mitigate the impact of the above ground pool foogirint of 457 sf.
Furthermore, a pool does not factor into surface runoff unless the pool overtops during an extreme
storm event. It should be noted there will be no backwashing of the pool and the pool will have a filter
cartridge system for maintenance.
4) The existing dwelling is connected to the municipal sewer system; therefore there will be no potential
increase in nitrogen levels over the existing background levels at the property.
5) This site does not directly abut the lake. Additionally, natural wooded buffers will be retained within k
25 feet of all wetland resource areas.
6) Carefully planning went into the pool location to limit site grading changes and to match the existing
topography. By limiting the grading changes onsite, existing drainage watercourses will continue to
function as in the undeveloped state. 4
2. Proof that there is no reasonable alternative location outside the Non-Disturbance and/or Non-Discharge
Buffer Zones,whichever is applicable,for any discharge,structure, or activity,associated with the proposed
use to occur.
P(1 Tiny')004 Wnhnrn MA 01 RRR 7R1-R5d_RM421 e-mail-iankenllilarnmeact net
{
Per zoning, a pool can only be constructed in a rear or side yard In order to meet the zoning
requirement of a minimum 10 foot side yard setback for the pool&pool decking the only viable
location for the pool/decking is in the rear yard as designed The limit of the 100 foot Non-
Disturbance zone is basically at the rear of the existing house. All efforts have been made to locate the
construction activities as far from wetland resources as possible.
3. Evidence of approval by Mass DEP of any industrial waste water treatment or disposal system or any waste
water treatment of system 15,000 GPD capacity.
This item does not apply to this site.
4. Evidence that all on-site operations including,but not limited to,construction,water water disposal,
fertilizer applications,and septic systems will not create concentrations of Nitrogen in groundwater, greater
than the federal limit at the downgradient property boundary.
The existing dwelling is connected to the municipal sewer system and the deed restriction only
allowing organic or slow-release nitrogen,phosphorus free produce for fertilizer use will insure that f
background nitrogen levels in the groundwater table will not be increased
5. Projections of downgradient concentrations of nitrogen,phosphorus,and other relevant chemicals at
property boundaries and other locations deemed pertinent by the SPGA.
There will be no downgradient concentration of the above referenced chemicals as outlined in the
response to Item 4 above.
If you should have any questions or require additional information please feel free to contact me.
Very Truly Y,` , /
.�c��P��N of��f�►.
00-0r----Jack' . .a van,P.E. °v �J
o.41586
•�gS rY1'. �/
Attachments(as noted) 8 ��►
Cc: Rob Barter&Julie Nigro
Pn RAY 7004 Wnhnrn MA 01 RRR 7R1-RS4.-R6411 e-mail-iaelrcnllcl(nlenmeact net
3
t i...cEIVED_r�:
. lover 2015 JUL 10 AID 11: (35
Town of Northri�eparent
4�O";"e.4'0 ee of the Plane g d SerV1Ce8 piVtS1on d�' `; ,,L:
a < b oL Office ent an O „� ll�,
3= e`� .-,er.v �+ �U.ri �' peveloo o good Street �s 01845 ������.-,4
" COm 1 16 assachuse
�' .�' " North AndOaer,M
*�'-o,...o �4�y Nor E OF DECISION IT
gsswcwus
NOTgED SPECIAL PERM
WATERS
eal shall be filed
Any ap 20) days after the
within( this notice in 10,2015
the ff ceiof Town Clerk• Date: July 2015
the office of the June 16,2015,July
Date of Hearings: July'7,2015
Date of Decision:
-.
01845
Julie Nigro &Rob Barter,
242 Dale Street North Andover,MA Petition of: a 64,
(M p Lot 30)R1 Zoning District
Premises Affected: 242 Dale Street
The above referenced
Watershed Special Permit is in accordance with the
requirements of B
etition for a Bylaw, Sections 4.136 and 14.3
the North Andover Zoning Y
So as to allow the construction and installation of an above ground swimming pool, deck,removal installation of a new patio in kind, retaining wall, fencing and removal
of four trees old patio and i es withthin the non-disturbance and non-discharge zone to the Watershed Protection
District.
After a Public Hearing given on the above date,and upon a motion a by rDavi Protect on d s seconded
by Lynne Rudnicld to APPROVE the Special Permit , as
amended with amended language recommended by the Planning lard to be reviewed by Board
prior to signature and based upon the following conditions. Vote 18 unanimous in favor of the
application.
HIL-44 41-4--- -'
John Simons�ian
Lynne Rudni
Lora McSher,
Peter Boyntor.
David Kellogg
•
242 Dale St.Map 64 Lot 30
Watershed Special Permit
July 10,2015
t
by installing crush stone in a depth of 6 inches under the deck creating 688s.f. of
area to promote groundwater recharge.
1
c. Fertilizers will be limited to those which are either organic or slow-release nitrogen
and phosphorous-free. These restrictions will be noted in the deed. ti
,
2. The existing structure is connected to the Town sewer and water systems.
:
3. The existing lot complies with the current Zoning Bylaw with regard to frontage and t
acreage. The lot was created in 1973 and is not subject to the Conservation Zone, as
described in section 4.136.2 Table 1 but is subject to 4.136.2 Table 2.
4. 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: t'
1. The specific site is appropriate for the proposed use as the wetlands delineation were i
reviewed and approved by the Town of North Andover Conservation staff t
k
2. The proposed addition will not adversely affect the neighborhood as the lot is located m a
Residential 1 Zoning District;
3. There will be no nuisance or serious hazard to vehicles or pedestrians; I
1
4. Adequate and appropriate facilities are provided for the proper operation of the proposed $
I
use; t
I
5. 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.
t
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 16,200 sq. ft. parcel of land with frontage on Dale Street
as shown on Assessors Map 64, Parcel 30, and also known as 242 Dale Street,
North Andover, Massachusetts.
b. The"Plans"refer to the plans prepared by Sullivan Engineering Group, LLC,
P.O. Box 2004 Woburn MA 01888. (781) 854-8644
i. Titled: Site Development Plan 242 Dale Street
ii. Dated: Dated: May 6, 2015 Revised June 9, 2015
iii. Signed by: John Sullivan, Registered Civil Engineer
3 of
242 Dale St.Map 64 Lot 30
Watershed Special Permit
July 10,2015
b. The applicant will provide copies of all Decisions, Notification and Orders of
Conditions from the North Andover Conservation Commission.
9. Prior to the start of construction, work done on the site or the issuance of a building
permit,the applicant must conform with the following:
a. A performance bond in the amount of one thousand dollars ($1,000.00) shall be
posted. Construction, erosion control measures, and performance of any other
condition contained herein will take place in accordance with the plans and the
conditions of this decision and to ensure that the as-built plans will be submitted.
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. All erosion control measures as shown on the plan must be in place and reviewed by
the Town Planner and Conservation Department.
c. A pre-construction meeting must be held with the appropriate parties involved in the
construction, their employees, Planning Department and Conservation Department
(and other applicable departments) to discuss scheduling of inspections to be
conducted on the project and the construction schedule.
10. Prior to release of the Performance Bond:
a The applicant shall show compliance with this decision and submit an as-built plan
stamped by a Registered Professional Engineer in Massachusetts that shows all
construction and installation of an above ground swimming pool, a deck, removal
of old patio and installation of a new patio in kind, retaining wall, fencing and the
installation of the gravel under the deck to promote ground water recharge. This
as-built plan shall be submitted to the Town Planner for approval and must be
provided in paper form as well as in SDF (Standard Digital File) format. The
applicant must also submit a letter from the engineer that the project substantially
complies with the plans referenced in this decision and as endorsed by the Planning
Board.
b. The Planning Board must by a majority vote make a finding that the site is in
conformance with the approved plan.
11. No open burning shall be done except as is permitted during burning season under the Fire
Department regulations.
12. The Contractor shall contact Dig Safe at least 72 hours prior to commencing excavation.
13. 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.
5 of 6