HomeMy WebLinkAboutMiscellaneous - 0 GREAT POND ROAD4
RECEIVED
o, «oer« wo TOGt; C' ERK'S OFFICE
Town of North Andover
Office of the Planning Department 2013 JUL -2 PH 1:28
Community Development and Services Division
c'+a'"^• "'aF 1600 Osgood Street TC'.";t 0
e+c«us 8 NORTH AWDOV�.
North Andover, Massachusetts 01845 MASSACHUSETTS
NOTICE OF DECISION — LAND DISTURBANCE PClf,,yyyhat twenty (to) days
have elapsed from date of d cislon, flow
Any appeal shall be Sled withoutfilin®of n I.
Data
within (60) days after the dome A. erNshaw
date of filing this notice in TOM Cork
the office of the Town Clerk
Date: July 2, 2013
Date of Decision: July 2, 2013
Petition of: Mercury Solar Systems, Inc., 36 Midland Ave., Port Chester, NY 10573
On Site Solar Power, LLC, 100 Cambridge St., Boston, MA 02114
Premises Affected: Brooks School, 0 Great Pond Road North Andover, MA, 01845
Assessor's Map 103, Parcel 1 located in the Residential 2 Zoning District.
Referring to the above application for a land Disturbance Permit from the requirements of the North
Andover Bylaw, Chapter 160 and the requirements of the North Andover Planning Board's Stornwater
Management and Erosion Control Regulations.
So as to allow the installation of a solar array, a gravel access road and staging area, concrete pad -
mounted power inverter stations, above -ground electrical conduit, four utility poles and overhead power
lines and a chain link fence. Approximately 118,000 sq. ft. of wooded area will be cleared for installation
of the solar array.
This Permit has been APPROVED by the Planning Board's designated agent, the Town Planner, according
to the Town of North Andover Stormwater Management and Erosion Control Regulations, adopted on
February 15, 2011.
ATTEST:
A True Copy
py 6' W y -
Town Clerk
Judithon, AICP
P
Town er, Town of Nora Andover
Print Form
-F!-'E
r
y 2013 MAY 29 A's 10: 53
�deu�sE,
PLANNING DEPARTMENT
Community Development Division
5 ecial Permit— Watershed Permit A llication
Please type or print clearly.
1, Petitioner: Dehullu Homes - Stephen Dehullu
Petitioner's Address: 36 Benjamin Street, Groveland MA 01834
Telephone number: 97-372-5000
2. Owners of the Land: Kenneth and Sophie Haphey
Address: 1148 Osgood Street North Andover MA 01845
Number of years of ownership: since Aug 1984 (29 years)
3. Year lot was created: Aug 1984
4. Is the lot currently on septic or sewer?
If on sewer, please provide date the sewer connection was
completed: proposed 2013 _
5. Description of Proposed Project:
Construction of Single Family Home with associated appurtenances (ie drive water, sewer
6. Description of Premises: 2.79 Acres
7. Address of Property Being Affected: Lot 1 Great Pond Road
Zoning District: RI
Assessors Map: 35
Lott.4
Registry of Deeds: Book B: 1853
Page W; 336
8. Existing Lot:
Lot Area (Sq. Ft): 121,532
Building Height:. no
Street Frontage: 175'
Side Setbacks: ns
Front Setback: na
Rear Setback: na
Floor Area Ratio: na
Lot Coverage: na
9. Proposed Lot (if applicable):
Lot Area (Sq. Ft): 121,532
Building Height: 35' max
Street Frontage: 175
Side Setbacks: 31'
Page I of 7
1600 Osgood Street, North Andover, 11 dg.20, Suite 2-36 Planning. Dept., Maesashuseds 01845
Phone 978.688.9535 Fox 978.688.9542 Web www.townofnafthandover.com
Edited 816107
Front Setback: 1314 Rear Setback: 350'+
Floor Area Ratio: na Lot Coverage: na
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: no Lot Coverage: na
11. Existing Building (if applicable):
Ground Floor (Sq. Ft): na M of Floors: no
Total Sq. Ft.: na Height: no
Use: na Type of Construction: na
12. Proposed Building:
Ground Floor (Sq. Ft.): 14q.i- R of Floors: 2
Total Sq. Ft. 3162 Height: <36'
Use: Single Family Residence Type of Construction: wood frame
13. Has there been a previous application for a Special Permit from the Planning Board on these
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 slgnature(a):
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 fling 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.
Petitioner's Signature: A,nA„ "41(, 1
Print or type name here: Sfah!e„ M -,VPjj,j! It&
Owner's Signature:
Print or type name here:
16. Please list title of plans and documents you will be attaching to this application.
Site Plan of Land for Lot 1 Great Pond Road (3 Sheets)
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
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PLANNING DEPARTMENT
:;nmmunity Development Division
�IF—Special Permit — Watershed Application — Instructions. 111
Procedure and Requirements for Filing an Application for a Watershed Special Permit;
The following infoimabon must be submitted thirty (30) days pnor to the that public hearing. Failure to submit the required information mthin
the time periods prescribed may result in a dismissal by the Planning Board of an application as incomplete. The information herein is an
abstract of more specific requirements listed in the Zoning Bylaw and is not meant to supersede them.
Step 1: Pick up application package:
The petitioner picks up complete application package
Step 2: Special Permit Application Form:
Petitioner completes (3) copies of the application form. All information as required shall be completed.
Step 3: Plan Preparation:
Petitioner submits all of the required plan information as cited in sections 4.136 and 10.31 in the North Andover Zoning Bylaw.
Step 4: Submit Application:
On or before noon on the application deadline date the petitioner goes to the Town Clerk to obtain a time stamp on three (3)
applications. Leave one application with the Town Clerk and bring two(2)time stamped applications to the Planning
Department Petitioner submits to the Planning Department two 2 sets of full size plans 1"40' no larger than 24"x36" prepared
by a Registered Professional Engineer or Land Surveyor. Petitioner submits an additional sets of plans no larger than
ii"x17". Petitioner submits an electronic PDF version of all submission materials. Applicant must include submittal of outside
consultant review escrow form.
Step 5: Submit Filing Fees:
The petitioner submits two separate checks for application fees and outside consultant fees. See FEE SCHEDULE.
> Step 6: Mail Application to Outside Consultant:
The petitioner mails a copy of the Plan and application to the outside consultant for review. Please contact the Planning Office for mailing
information.
Step 7: Notification of Parties in Interest:
Petitioner picks up an updated certified abutters list from the Assessor's office (located at 120 Main St.) N is to be submitted cs
part of the application submittal.
Step 8: Legal Notice:
The petitioner is responsible for delivering the legal notice to the newspaper to be published and is responsible for costs for
same. The petitioner is responsible for the costs for certified mailing of the legal notice to each abutter. Seespec'dicupdated
instructions for certified mailing of legal nofices on the Planning Department mitsite.
Step 9: Public Hearing before the Planning Board:
The petitioner should appear in hislher behalf, a be represented by an agent m attorney. In the absence of any appearance without due
cause on behalf of the petitioner, the Board shall decide on the matter by using the information it has otherwise received.
Page I of 3
1600 Osgood Street, North Andover, BIdg.20, Suite 2-36 Planning Dept., Massachusetts 01845
Phone 978.688.9535 Fox 978.688.9542 Web www.townofnorthondover.com
Edited 9/27/10
Step 10: Decision:
After the hearing, a copy of the Board's decision will be sent to all parties in interest. (Any appeal of the Board's decision may be made
pursuant to Massachusetts General Laws Ch. 40A sec. 17, within (20) days after the decision is filed with the Tom Cleric.)
Step 11: Recording Certificate of Decision Plans:
The petitioner is responsible for recording certification of the decision and any accompanying plans at the Essex North
Registry of Deeds, Lawrence Massachusetts. Petitioner should bring in one recorded copy of the decision and three paper
copies of the recorded plan of land along with the proof of recording cash register slip to the Planning Department.
Puge 2 of 3
1600 Osgood Street, North Andover, BIdg.20, Suite 2-36 Planning Dept., Mossothusetts 01845
Phone 978.688.9535 Fox 978.688.9542 Web www.lownofnorthandover.com
Edited 9/27/10
Special Permit— Watershed Application — Requirements.
GENERAL REQUIREMENTS TO BE MET FOR
OBTAINING A WATERSHED SPECIAL PERMIT
Written Documentation
Applications for a special permit must be supported by a legibly
written or typed memorandum setting foM in detail all facts relied
upon. Addressing earn of the below points individually is required
with this application.
Encouraging the most appropriate use of land;
Preventing overcrowding of land;
Conserving the value of land and buildings;
Lessening congestion of traffic
Preventing undue concentration of population;
Providing adequate light and air,
Reducing the hazards from fire and other danger,
Assisting in the ecenornic d provision of transportation, wader,
sewerage, schools, parks, and other public facilities;
Controlling the use of bodies of water, including
watercourses;
Reducing the probability of losses msulbng from floods; and
Reserving and increasing the ameni8rs of the Town; AND
ZONING BYLAW SECTION 10.31
The Special Permit Granfing Au ciity must have all the following
emotions mel:
➢ The specific site is an appropriate location for such a use,
struclumorconditicn;
➢ The use as developed swill not adversely affect the neighborhood;
➢ There will be no nuisance a serious hazard to vehicles a
pedestrians;
➢ Adequate and appropriate facilities will be provided for the Proper
operation of the proposed use;
D The Special Permit Granting Authority shall not grant any Special
Permit unless they make a specific finding that the use is in
harmony with the general purpose and intent of this Bylaw.
SPECIFIC REQUIREMENTS TO BE MET FOR
OBTAINING A WATERSHED SPECIAL PERMIT
➢ Written certifcation 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 of water in or entering Lake Cochichewick.
➢ Proof that there is no reasonable altemadve
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. (1994138)
➢ Evidence of approval by the Mass. Dept. of
Environmental Protection (DEP) of any industrial
wastewater treatment or disposal system or any
wastewater treatment of system fifteen thousand
(15,000) gallons per day capacity.
D Evidence that all on-site operations including, but
not limited to, construction, waste water disposal,
fertilizer applications and septic systems will not
create concentrations of Nitrogen in groundwater,
greater than the Federal limit at the down gradient
property boundary.
➢ Projecfions of down gradient concentrations of
nitrogen, phosphorus and other relevant chemicals
at property boundaries and other locations deemed
pertinent by the SPGA.
➢ The SPGA may also require that supporting
materials be prepared by other professionals
including, but not limited to, a registered architect,
registered landscape architect, registered land
surveyor, registered sanitarian, biologist, geologist
or hydrologist when in its judgment the complexity
of the proposed work warrants the relevant
specified expertise.
NOTE: ASpecial Permit once granted by the Planning Board will lapse in two (2) years if not exercised
unless the Planning Board grants an extension.
Page 3 of 3
1600 Osgood Street, North Andover, Bldg.20, Suite 2-36 Planning Dept., Massachusetts 01845
Phone 978.688.9535 Fax 978.688.9542 Web www.townofnorthandower.com
Edited 9/27/10
O"eN
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Town of North Andover
Office of the Planning Department
Community Development and Services Division
P (978) 685-9535 1600 Osgood Street
F (978) 688-9542 Building 20, Suite 2-36
North Andover, Massachusetts 01845
SCHEDULE OF PLANNING BOARD FILING FEES
Effective June 2, 2010
ANR Plans $100 Minimum Fee (includes lot line changes)
$100 per new lot created
Preliminary Subdivision Plan $500 Base Fee, plus $70 per building lot
Modification in Preliminary Subdivision Plan $300 Base Fee, plus $75 for each lot affected
and for each new building lot
Definitive Subdivision Plan
Modification to Definitive Subdivision Plan
Special Permit
Special Permit Watershed
Special Permit Common Driveway
Special Permit Access other than Legal Frontage
Wireless Facilities Special Permit
Modification/Extension of Special Permit
Site Plan Review
Planned Residential Development
Planned Development District
Continued Care Retirement Facility
Independent Elderly Housing
$1000 Base Fee, plus $325 per lot
$250 Base Fee, plus $150 for each lot
affected and for each new building lot
$300 Base Fee
$300 plus $2,000 min. outside consultant fee
$300 Base Fee
$300 Base Fee
$2,000 for new towers, $1000 for co -
location, modification, and renewals
Min. consulting fee = $2,000 for new towers
$200 Base Fee
$400 plus $0.14 per s.f. of GFA
Min. consulting fee = $2,000
$200 plus $275 per lot
Min. consulting fee = $2,000
$300 plus $275 per lot
Min. consulting fee = $2,000
$500 plus $275 per lot
Min. consulting fee = $2,000
$500 plus $275 per lot
Min. consulting fee = $2,000
. Outside consultant fees are subject to chance based on scope of ProieM
WO OFAPPEALS688-9541 Bra.DPlG688.9515 CGNSERVATI01,1688-9530 HEALT11688-9590 PIANNMGMS-9535
Filing Fees effective Jure 2 2010
REVISED 1/29/2013
Cost of Certified mail is a .46 cent stamp plus $3.10 certified cost = $3.56
THIS IS THE UPDATED PROCESS TO PREPARE CERTIFIED MAIL.
Any one filing an application with the Planning Department will be required to Incur costs for certified mailing of legal
notices to abutters.
The process for legally noticing to abutters is as follows.
I. Obtain a certified abutters list from the Assessor's office.
2. Create 3 sets of type written labels that contain the full mane, full street number, full street address, full city and state, &
zip code of each abutter.
3. Create one set of return address labels as follows:
Town of North Andover
Planting Department
1600 Osgood Street, Suite 2035
North Andover, MA 01845
4. You will be required to obtain a postal service certified mail green and white slip. You can ad them from the post office
S. Affix one abutter label to the green & white slip.
6. Affix one abutter label to the actual envelope.
7. Affix the Planning Department return address label to the upper left hand corner of the envelope.
S. Cost of postage for certified mail is $0.46 + $3.10 X3.56 per mailing envelope of which the applicant is responsible
for, you will need to purchase the correct amount of postage stamps from the post office.
9. Bring the envelopes along with the green & white slips and the proper postage to the Planning Department, they will
insert the legal notice inside the envelope and then mail the envelopes out.
10. Bring the 30 set of mailing labels to the Planning Department because these labels will be used to mail the decision to the
abutters. Applicant is responsible for submitting a 0.46 cent stamp for each abutter to the Planning Department.
Please note: postage meter slips will not be accepted in lieu of stamps.
1600 Osgood Street, North Andover, Oldg.20, Suite 2-36 Planning Dept., Massarhusells 01845
Phone 978.688.9535 Fax 978.688.9542 Web www.towaoinorthandover.com
I, Kenneth Haphey, of North Andover, MA authorize Stephen Dehullu, owner of
Dehullu Homes LLC, of Groveland. MA along with the assistance of his Engineer,
William Hok to file applications with the Town of North Andover, Zoning, Planning,
Conservation and Building Departments.for.the procurement of a Building Permit at my
property known as Lot 1 Great Pond Road, North Andover, MA, Book 1853, Page 33,
337 & 338.
Kenneth Haphey
Date
Abutterroabuttar( ) Bwking Geld. ( ) Cmserva m ( x ) Zoning f )
This certifies that the names appearing on the
records of the AssessorsO ice—aass--off
Certified by: Date N/7
NORTH ANDOVER
REQUIREMENT:
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Frederik Fontein 1895 Great Pall Rand, NOM AMweq MA 0180.5
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Mary Ellen DolloR 1015 Great Pell Road, NoM Andover, MA 0100.5
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Tam of NoM Allover 120 Main Street Nath Allover, MA SIM
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Marguerite S.R.A. 15 Copley Road, North Andover, MA 0180.5
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Stephen Gil 1857 Ureal Poral Road, NOM Andover MA 01M5
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Mascod Sheikh 135 French Fan Road, NOM AMover, MA 01M5
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Philip DiBenadetlo 123 French Farm Road, NoM Andover, MA 0100.5
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Mkhael Schmitt 111 French Fan Road, Nath Andover, MA 0180.5
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Robert Umdon W French Fan Road, Noll AMover, MA 0180.5
35
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Bran Weshmater 87 French Fan Road, NOM AMoveq MA SIMS
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Neal Shaplagh 75 French Fan Road, NOM Andover. MA 0180.5
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Michael Salach 63 French Fan Road, WM Andover. MA 0180.5
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0 Great Pond Road, Map 103, Parcel 1
Land Distujbance Permit
July 2, 2015
The Planning Board's designated agent, the Town Planner, has approved this application.
On December 7, 2013, Adam Braillard of Prince Lobel Tye, PPL, on behalf of Mercury Solar Systems,
Inc., applied for a Land Disturbance Permit, according to Chapter 160 (Stornwater Management &
Erosion Control Bylaw) of the Town of North Andover Bylaws. Thirteen (13) acres of a 33 acre parcel
are subject to the bylaw with a total disturbance of approximately 5.5 acres. The activities governed by
this Permit include the clearing of land, the installation of a solar array, the construction of a gravel access
road and staging area, the installation of concrete pad -mounted inverters, electrical conduits and a fence.
The applicant submitted a complete application, which was reviewed in accordance with Chapter 160 of
the Town of North Andover Bylaws. The approval was subject to the FINDINGS OF FACTS and
SPECIAL CONDITIONS set forth in this decision.
The applicant is hereby notified that should the applicant disagree with this decision, the applicant has the
right, under MGL Chapter 249, Section 4 to appeal to this decision within sixty days after the date this
decision has been filed with the Town Clerk.
In accordance with Chapter 160, Section 5.1, the Town Planner makes the finding that the intent of the
Bylaw, as well as its specific criteria is met. This decision specifically stated by the Town Planner makes the
following FINDINGS OF FACT:
1) In granting this Permit, the Town Planner has determined that the project will not negatively impact
downstream resources, abutting properties or the town's Right -of -Way (Great Pond Road.). The Town
Planner bases this finding on the following facts:
a) The project area consists of 13 acres of land within a 33 acre parcel, with tree clearing on 5.5
acres. The project consists of the installation of a solar aray, a gravel access road, power
inverters stations, utility conduits and a fence.
b) The project has been reviewed by the town's engineer, Lisa Eggleston (correspondence dated
January 4, 2013 and June 14, 2013). The applicant responded to comments raised by Ms. Eggleston
and made changes to the plan to decrease the possibility of erosion and stormwater runoff:
i. Vegetated treatment swales and level spreaders will be installed at the base of the cleared area
to reduce peak flow of runoff from the area that will be cleared, as well as down gradient
from the proposed gravel access road and the gravel staging area. ,
ii. Check dams have been added to slow the rate of flow and to promote infiltration.
iii. An Operations and Maintenance Plan has been submitted for the construction period and a
Long Term Pollution Prevention Plan has also been submitted.
iv. The project has been moved out of the Watershed Protection District.
0 Great Pond Road, Map 103, Parcel I
Land Dienybance Permit
July 2, 2013
C) The solar arrays do no significantly increase impermeable surfaces as they are raised off the ground
and tilted at an angle to allow for shedding of stonnwater. The arrays are also spaced to allow for
vegetation to be maintained.
d) The proposed use protects groundwater and surface water from degradation or depletion to the
maximum extent possible.
e) The proposed use prevents pollutants from entering the municipal and private storm drain systems.
f) The applicant has complied with State and Federal statutes and regulations relating to stonnwater
discharges;
Upon reaching the above findings, the Town Planner APPROVES this Land Disturbance Permit based upon
the following SPECIAL CONDMONS:
1. The monitoring agent for the project will be the agent assigned by the Conservation Commission,
noted as their "Erosion Control Monitor" in the Order of Conditions, DEP File # 242-1578.
2. Copies of all Monitoring Reports will be provided to the Planning Department.
3. All erosion control measures as outlined in the Long -Tenn Pollution Prevention Plan (SWPPP) will
be implemented and maintained.
4. Failure to maintain the Smmrwater BMPs as outlined in the Operations & Maintenance Plan as well
as in the SWPPP will be brought to the attention of the Planning Board by the Erosion Control
Monitor and may require a Modification of this Decision by the Planning Board.
5. Any future changes deemed substantial by the Town Planner would require a Public Hearing and
Modification by the Planning Board.
6. The applicant will provide copies of all Decisions, Notification and Orders of Conditions from
the North Andover Conservation Commission.
7. This decision must be filed with the Essex North Registry of Deeds. The following information
is included as part of this decision:
Plan titled: "Site Plan Great Pond Road North Andover, MA."
Prepared for: Mercury Solar Systems, Inc.
36 Midland Ave.
Port Chester, NY 10573
Prepared by: Sanborn Head & Associates
1 Technology Park Drive
Westford, MA 01886
0 Great Pond Road, Map 103, Parcel 1
Land Dis" ance Permit
July 2, 2013
I
Date:
November 30, 2012, revised to June 4, 2013.
Sheets:
1-8
Stonnwater Report
Prepared By:
Sanborn Head & Associates
Date:
November 2012, revised May 2013
Operations & Maintenance
Plan
Prepared by:
Sanborn Head & Associates
Date:
November 2012, revised May 2013
cc: Town Engineer
Building Inspector
Conservation Administrator
Town of North Andover Towa cm Tis
ZONING BOARD OF APPEALS
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Town of North Andover
Zoning Board of Appeals
1600 Osgood Street
North Andover MA 01845
Please be advised that I have agreed to waive the time constraints for the North
Andover Zoning Board of Appeals to make a decision regarding the granting of a
Variance
Special Permit
Comprehensive Permit (40B)
Finding
For property located at:
STREET: (� f'G A
,74,'�.12 rP ad
MAP:_ PARCEL:_
TOWN: North Andover, MA 01845
TO MEETING DATE(S)
NAME OF PETIITTIIONER:�D�]
SIGNED: J �C�71M r'✓ "'
Petitioner (or petitioner's representative)
1600 Osgood Street, Building 20- Suite 2035, North Andover, Massachusetts 01845
Phone -978-688-9541 Fax-97MS8-9542 Web -..to"ornorlhandover.com
n •urM4
e
Town of North Andover
Office of the Planning Department
P (978) 688-9535 Community Development and Services Division
P (978) 688-9542 1600 Osgood Street, Suite 2035
North Andover, Massachusetts 01845 ,
f O14 R561KYRFU
1014 SEP -3 AM 9t 56
(OWN OF
IASSAAE
TTSMASANS
PUBLIC MEETING NOTICE
NORTH ANDOVER PLANNING BOARD
In accordance with the provisions of M.G.L. Chapter 40-A, Section 11, the North Andover Planning
Board will hold a ublic meetin as follows:
Purpose of Public Meeting:
Application under Chapter 41, 81-S, MGL, for approval of a
proposed 5 -lot Preliminary Subdivision Plan on a two existing
parcels comprising 6.8 acres of land in the Residential 3 Zoning
District.
Applicant/Petitioner:
TKZ, LLC
78 Great Pond Road
North Andover, MA 01845
Address of Premises Affected
O Great Pond Road
Assessors Map and Lot
Map 96, Parcels 53 and 54
Public Meeting Date & Time
Tuesday, September 16, 2014 @ 7:OOPM
Location of Public Meeting
Town Hall, 120 Main Street, North Andover,
Information Available
A copy of the plan and application is on file in the Planning Board
office at 1600 Osgood Street, North Andover, MA, and may be
inspected during regular business hours.
Advertised on: September 2 and September 9, 2014
All interested persons may appear and be heard. Persons needing special accommodations and / or those
interested in viewing the application materials should contact the North Andover Planning Department at
(978)688-9535.
BOARD OF APPEALS 688-9541 BUILDING 688A545 CONSERVATION 688-9530 HEALTH 688-9540 PLANNING 688-9535
Albert P. Manu 111, Esq. Ow'mm
Ell. P. McIntyre, Via-Cbammn
Ricbvd J. Byers, Esq. C@rk
D. Paul Koch Jr.
At. Cusda
11111.k Mh�
Michael P. Dpono
Doug Ludgin
Denry Morganthal
Town of North Andover
ZONING BOARD OF APPEA�kCEIV ED
U"U�,
TW....... P.K'S GFFGF
Any appeal shall be filed within (20)
days after the date of filing of this
notice in the office of the Town Clerk,
per Mass. Gen. L. ch. 40A, §17
Town Ckk Tov Stamp
Notice of Decision
Year 2013
2013 SEP 16 PM 2.53
T( ,r'! r.
NORTH r.:�I ,
MASSAGIIU,',r 15
Property at: 0 Great Pond Road (Map 35 Parcel 4) North Andover,
MA 01845
NAME: Owner: Ken Haphey
HEARJNG(S): 13 Aug, 2013, Sept 10, 2013
Applicant: Stephen Dehullu
ADDRESS: 0 Great Pond Road(Map 35 Paroe138g).
PETITION: 2013-005
North Andover, MA 01845
The North Andover Board of Appeals held a public hearing at Town Hall, at 120 Main Street, North Andover, MA
on Tuesday, September 10, 2013 at 7:30 PM on the application of Stephen Dehullu property located at 0 Great
Pond Road (Map 35 Parcel 4), North Andover, MA 01845. Petitioner is requesting a Variance under Section
4.136, (Building and Uses Permitted) 3(c) (ii) (3) of the Watershed Protection District Bylaw, to Construction of a
new Permanent Structure within the "Non -Disturbance Zone" allowed by Special Permit by the Planning Board only
after a Variance has been granted by the Zoning Board of Appeals.
Applicant is requesting to construct a new single family home in the R-1 Zoning District.
Legal notices were sent to all the certified abutters provided by the Town of North Andover, Assessors Office, and
were published in the Eagle -Tribune, a newspaper of general circulation in the Town of North Andover, on July 30
and August 6, 2013.
The following regular voting members were present: Ellen P. McIntyre, Richard J. Byers, D. Paul Koch and Allan
Cuscia. The following Associate Members were present Michael Liporm, Doug Ludgin and Denney Morganthal.
Byers made a motion to GRANT the Variance to allow Under Section 4.136, (Building and Uses Permitted) 3(c)
(ii) (3) of the Watershed Protection District Zoning Bylaw, to Construct a new Permanent Structure within the
"Non -Disturbance Zone"
Cuscia second the motion to Grant the Variance
All those in favor to Grant the Variance: Ellen P. McIntyre, Richard J. Byers, Allan Cuscia and Doug Ludgin
4-0
Koch abstained from the vote
The Board finds that owing to circumstances relating to soil conditions, shape, or topography of the land or
structures and especially affecting such land or structures but not affecting generally the zoning district in general, a
literal enforcement of the provisions of the Bylaw will involve substantial hardship, financial or otherwise, to the
petitioner or applicant. The Board finds that desirable relief may be granted without substantial detriment to the
public good and without nullifying or substantially derogating from the intent of the purpose of this bylaw.
The Board also finds that this use, m developed by the building & site plans, is an appropriate location for such a
use and will not adversely affect the neighborhood. There will be no nuisance or serious hazard to vehicles or
pedestrians, since there are provisions for the required off-street parking. Adequate and appropriate facilities will be
provided to the proposed single family dwelling. The Board finds that the new single family home will not be
substantially more detrimental to the neighborhood and that this use, is in harmony with the neighborhood and
general purpose and intent of this Bylaw.
Page 1 of 2
Site:
at Pond Road(Map 35 Parcel 4), North Andover, MA 01845
Section 4.136, (Building and Uses Permitted) 3(c)(ii) (3) of the
FU.d
shed Protection District Bylaw, The Construction of a new Permanent
ure within the "Non -Disturbance Zone" is allowed by Special Permit by
anning Board only after a Variance has been granted by the Zoning Board
of Appeals. R-1 District.
Plan(s) Title:
1) "Variance and Watershed Special Permit Site Plan" containing one (1) sheet.
Prepared by William G. Holt, 83 Main Street Merrimac Ma 01860 Dated
August 12, 2012 and revision 30 -August 2013
2) Proposed Project"Front Elevation" containing one (1) sheet.
3) Proposed Project "'Fust Floor Plan" containing one (1) sheet.
4) Proposed Project"Second Floor Plan, and First and Second Floor Framing
Plan" containing one (1) sheet.
5) Proposed Project "Side and Garage Elevations and Attic Framing Plan"
containing one (1) sheet.
6) Proposed Project "'Rear Elevation Building Section" containing one (1)
sheet.
7) Proposed Project "'Basement Plan" containing one (1) sheet.
8) Proposed Project "'Foundation Plan" containing one (1) sheet.
All Proposed Project Sheets (2-8) All Prepared by Laine M. Jones Design, 10
Rogers Street, West Newbury MA 01985 Dated October 30, 1997.
9)"Landscaping Plan", Prepared by William G. Holt, 83 Main Street Merrimac
MaMft) Dated 31 -Au ust2013
Voting in favor:
Ellen P. Mcin e, Richard J. Byers, Allan Cuscia and Doug Lud in
Votin in the Negative:
0.
The Board finds that the applicant has satisfied the provisions Under Section 4.136 to construct a new single family
home for 0 Great Pond Road (Map 35 Parcel 4), North Andover, MA 01845 in the R-1 Dist ict.
Notes:
I. This decision shall not be in effect until a copy of this decision is recorded a the Essex County RegistryofDeeds, Nonhem District at
Ne applicant's expense.
2. The grunting of the Variance as requested by the applicant does not necessarily ensure the granting of a building permit as the applicant
must abide by all applicable local, state, and federal building codes and regulations, prior to the issuance of a building permit as required
by the Inspector of Buildings.
3. If the rights authorized by the Variance ore not exercised within two (2) years of the date ofthe grant, it shall laps, and may be re-
established only after notice, and a new hearing.
A, d x"
North Andover Zoning Board of Xpperds
Ellen P. McIntyre, Acting Vice Chairperson
Richard J. Byers, Esq., Clerk
D. Paul Koch Jr.
Allan Cuscia
Doug Ludgin
Decision 2013-005
Page 2 of 2
Albe P. Manzi III, Esq. Chdrsoa
Ellen P. Mdutym, Virethdmzan
Richard jMyen:, Esq. Ge k
d. Not Koch Jr.
Allan Cuuia
Arrnadr M mbm
Michael P. Lipa.
Doug Ludgin
Deney Morgandal
Town of North Andover
ZONING BOARD OFAPPEAi, CEIVEC)
TV '_F.RK'S !;FFICE
1013 SEP 16 PM 2: 53
s 's:
M �
Any appeal shall be filed within (20)
days after the date of filing of this
notice in the office of the Town Clerk,
per Mass. Gen. L. ch. 40A, § 17
A00A1,< Lj b,'i
120) o=
Town Clete Timc Sump - '1 Ofdia dagsm. "lad
f7g�. Weal.
JoYM A. Brag
Notice of Decision rn at twP rY (20) days
Year 2013 - -,,d Ocm date of decjslon, filed
wlalaat filing of
Property at: 0 Great Pond Road (Map 35 Parcel NData
ftW
MA 01845 Tams Clark*
NAME: Owner: Ken Haphey
HEARING(S): 13 Aug, 2013, Sept 10, 2013
A licant Stephen Dehullu
ADDRESS: 0 Great Pond Road(Map 35 Parcel3o",'
PETITION: 2013-005
North Andover MA 01845
The North Andover Board of Appeals held a public hearing at Town Hall, at 120 Main Street, North Andover, MA
an Tuesday, September 10, 2013 at 7:30 PM on the application of Stephen Dehullu property located at 0 Great
Pond Road (Map 35 Parcel 4), North Andover, MA 01845. Petitioner is requesting a Variance under Section
4.136, (Building and Uses Permitted) 3(c) (it) (3) of the Watershed Protection District Bylaw, to Construction of a
new Permanent Structure within the "Non -Disturbance Zone" allowed by Special Permit by the Planning Board only
after a Variance has been granted by the Zoning Board of Appeals.
Applicant is requesting to construct a new single family home in the R-1 Zoning District.
Legal notices were sent to all the certified abutters provided by the Town of North Andover, Assessors Office, and
were published in the Eagle -Tribune, a newspaper of general circulation in the Town of North Andover, on July 30
and August 6, 2013.
The following regular voting members were present: Ellen P. McIntyre, Richard J. Byers, D. Paul Koch and Allan
Cuscia. The following Associate Members were present Michael Lipono, Doug Ludgin and Denney Morganthal.
Byers made a motion to GRANT the Variance to allow Under Section 4.136, (Building and Uses Permitted) 3(c)
(ii) (3) of the Watershed Protection District Zoning Bylaw, to Construct a new Permanent Structure within the
"Non -Disturbance Zone"
Cuscia second the motion to Grant the Variance
All those in favor to Grant the Variance: Ellen P. McIntyre, Richard J. Byers, Allan Cuscia and Doug Ludgin
4-0
Koch abstained from the vote
The Board finds that owing to circumstances relating to soil conditions, shape, or topography of the land or
structures and especially affecting such land or structures but not affecting generally the zoning district in general, a
literal enforcement of the provisions of the Bylaw will involve substantial hardship, financial or otherwise, to the
petitioner or applicant. The Board finds that desirable relief may be granted without substantial detriment to the
public good and without nullifying or substantially derogating from the intent of the purpose of this bylaw.
The Board also finds that this use, as developed by the building & site plans, is an appropriate location for such a
use and will not adversely affect the neighborhood. There will be no nuisance or serious hazard to vehicles or
pedestrians, since there are provisions for the required off-street parking. Adequate and appropriate facilities will be
provided to the proposed single family dwelling. The Board finds that the new single family home will not be
substantially more detrimental to the neighborhood and that this use, is in harmony with the neighborhood and
general purpose and intent of this Bylaw.
ikl'TICNTi
A True Copy
'town Clerk
Page 1 of 2
-. 4 -
Site:
,.
0 Great Pond Road(Map 35 Pmce14I North Andover, MA 01845
Under Section 4.136, (Building and Uses Permitted) 3(c)(ii) (3) of the
Watershed Protection District Bylaw, The Construction of a new Permanent
Structure within the "Non -Disturbance Zone" is allowed by Special Permit by
the Planning Board only after a Variance has been granted by the Zoning Board
of A eats. R-1 District.
Plans) Title:
1) "Variance and Watershed Special Permit Site Plan" containing one (1) sheet.
Prepared by William G. Holt, 83 Main Street Merrimac Ma 01860 Dated
August 12, 2012 and revision 30 -August 2013
2) Proposed Project"Front Elevation" containing one (1) sheet.
3) Proposed Project "'First Floor Plan" containing one (1) sheet.
4) Proposed Project"Second Floor Plan, and First and Second Floor Framing
Plan" containing one (1) sheet.
5) Proposed Project "Side and Garage Elevations and Attic Framing Plan"
containing one (1) sheet.
6) Proposed Project "'Rem Elevation Building Section" containing one (1)
sheet.
7) Proposed Project "'Basement Plan" containing one (1) sheet.
8) Proposed Project "'Foundation Plan" containing one (1) sheet.
All Proposed Project Sheets (2-8) All Prepared by Laine M. Jones Design, 10
Rogers Street, West Newbury MA 01985 Dated October 30, 1997.
9)"1,andscaping Plan", Prepared by William G. Holt, 83 Main Street Merrimac
Ma 01860 Dated 31 -Au I st 2013
Vofin in favor:
Ellen P. McIntyre, Richard S. Byers Allen Cuscia and Doug Lud '
Voting in the I
0
The Board finds that the applicant has satisfied the provisions Under Section 4.136 to construct a new single family
home for 0 Great Pond Road (Map 35 Parcel 4), North Andover, MA 01845 in the R-1 District.
Notes:
1. This decision shall not be in effect until a copy of this decision is recorded at the Essex County Registry of Deeds, NOMem District ffi
the applicant's expense.
2. The wanting of the Variance as requested by the applicant does not necessarily ensure the granting of a building permit as the applicant
must abide by all applicable local, Am, and federal building codes and regulations, prior to the issuance of building permit as required
by the Inspector of Buildings.
3. If the rights suntanned by the Variance are not exercised within two (2) years of the date of the grant, it shall lapse, and may be m -
established only after notice and a new hearing.
North Andover Zoning Board of Appeals
Ellen P. McIntyre, Acting Vice Chairperson
Richard J. Byers, Esq., Clerk
D. Paul Koch Jr.
Allan Cuscia
Doug Ludgin
Decision 2013-005
Page 2 oft
e
PLANNING DEPARTMENT
Community Development Division
Print Form
RECEIVED
TOWN CLERK'S OFEIC'
1013 MAR 13 FN 1:56
Special Permit— Watershed Permit Application
Please type a print clearly.
1. Petitioner: ANTHONY SCUITO
Petitioner's Address: 15 COPLEY ROAD, NORTH ANDOVER, MA 01845
Telephone number: 978-771-074
2. Owners of the Land: SAME
Address:
Number of years of ownership: LESS THAN 1 YEAR
3. Year lot was created: PRIOR TO 1984
4. Is the lot currently on septic or sewer?
If on sewer, please provide date the sewer connection was
rcr :
NORTH <.i:'rm
MASSACit.IS�: rc
5. CONSTRion of tUCTION OF A SIINsed KE"FAMILY HOME WITHIN NON -DISTURBANCE BUFFER
6. Description of Premises: VACANT LAND
7. Address of Property Being Affected: GREAD POND ROAD
Zoning District: R1
Assessors Map: 35 Lot A: 38
Registry of Deeds: Book 8: 13308 Page y; 1551
8. Existing Lot
Lot Area (Sq. Ft): 94,844.703
Street Frontage: 175.09 FT
Front Setback:
Floor Area Ratio:
9. Proposed Lot (if applicable):
Lot Area (Sq. Ft): NIA
Street Frontage:
Building Height:
Side Setbacks:
Rear Setback:
Lot Coverage:
Building Height:
Side Setbacks:
-
Page I of 7
1600 Osgood Street, North Andover, BIdg10, Suite 7-36 Planning Dept., Massachusetts 01845
Phone 978.688.9535 Fox 978.688.9547 Web www.lownofnorthandover.com
Edited 816107
Front Setback:
Floor Area Ratio:
10. Required Lot (as required by Zoning Bylaw):
Lot Area (Sq. Fq: 67,120 SF
Street Frontage: 175 FT
Front Setback: 30 FT
Floor Area Ratio: NIA
11. Existing Building (if applicable):
Ground Floor (Sq. RJ: NIA
Total Sq. FL:
Use:
Rear Setback:
Lot Coverage:
Building Height: <35'
Side Setbacks: 30 FT
Rear Setback: 30 FT
Lot Coverage: NIA
N of Floors:
Height:
Type of Construction:
12. Proposed Building:
Ground Floor (Sq. FL): 2462 SF 8 of Floors: 2
Total Sq. Ft. 3,820 SF Height: < 35'
Use: SINGLE FAMILY HOME Type of Construction: WOOD FR4txy
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 3 c ii (3)
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 fling and
legal notification, Failure to comply with application requirements, as cited herein and in the
Planning Board Rules and Regulations may result int 7eismissal by the Planning Board of this
application as incomplete. � Q'� � � O
Petitioner's Signature:
Print or type name here: � �z� Cf. . Gf, le7y
Owner's Signature: ®aimv ,
Print or type name here:
16. Please list title of plans and documents you will be attaching to this application.
Page 2 of 2
1660 Osgood Street, North Andover, BIdg.20, Suite 236 Planning Dept., Massachusetts 01845
Phone 978.688.9535 Fax 978.688.9542 Web www.towaafnorthandover.com
Edited 8/6/07
Great Pond Road,
Map 35 Plot 38
Special Permit —Watershed Application
Site Description:
The subject parcel is located on Great Pond Road and is approximately
94,844.703 s.f. and identified as Assessor's Ref Map 35, Parcel 38 and
Reference Plan #14036 in North Essex Registry of Deeds.
The subject parcel is wholly located within the Town of North Andover
Watershed Protection overlay zone As such, the parcel is subject to the
requirements set forth in Section 4.136 of the Town of North Andover Zoning By -
Laws. The subject parcel is not located in a special Flood hazard Area
on Flood Insurance Rate Map Community Panel No. 250098 0006C dated
7/3/2013.
The applicant proposes to construct a single family home with
appurtenances as shown on the attached plans. The structure is located within
the Non -disturbance area, as defined by Table 2 of Section 4.136 of the NA
Zoning Bylaw.
An application for a variance as required by Zoning Bylaw 4.136.3(c)ii(3) is
currently before the Zoning Board of Appeals.
Written Documentation:
- Encouraging the most appropriate use of the land
A single family home in this residential neighborhood is the most
appropriate use of this land and permitted by R1 zoning..
- Preventing overcrowding of land
A single family home in a 2 acre+ lot is supportive of preventing
overcrowding of land.
- Conserving the value of land and buildings
The proposal should enhance the value of the property and the
surrounding buildings and land. Diligent upkeep of the property and yard will
continue to provide an aesthetically pleasing environment.
- Lessening congestion of traffic
The proposal calls for the adequate parking for the homeowners and
guests.
- Preventing undue concentration of population
A single family home on a two acre parcel limits the population to this
area.
- Providing adequate light and air
There will be no adverse impact to current background of air and light for
the structure
- Reducing the hazards from fire and other danger
The proposal does not pose additional hazards from fire or other dangers.
- Assisting in the economical provision of transportation, water,
sewerage, schools, parks, and other public facilities,
The proposed home will provide an addition to the tax base of North
Andover. This supports the Towns economical provision of transportation, water,
sewerage, schools, parks, and other public facilities,
- Controlling the use of bodies of water, including water courses
The proposed project will have no impact on the Lake or the tributaries.
- Reducing the probability of losses resulting from floods
Roof runoff from the proposed structures will be infiltrated on site. Runoff
from the asphalt driveway will be treated and infiltrated on site in accordance with
regulations to ensure the quality and quantity of all surface and groundwater
resources.
- Reserving and increasing the amenities of the Town
The project will increase the amenities of the town through an
improvement to the property and additional tax revenue due to the new
construction assessment
Zonina Bylaw Section 10.31:
- The specific site is in an appropriate location for such a use;
The subject property is located within the R1 zoning district and currently
occupied by an existing single family residence. The proposal meets all the
Zoning requirements for R1 for frontage and set backs. The attached site plan
demonstrates a suitable use of land and buildings on this site.
- The use as developed will not adversely affect the neighborhood;
The land use associated with the abutting parcels is single family
residence within the R1 zoning district.
- There will be no nuisance or serious hazard vehicles or
pedestrians;
The driveway will not effect any other resident's access to or use of Great
Pond Road.
- Adequate and appropriate facilities will be provided for the proper
operation of the proposed use;
The applicant is amenable to conditions on the Watershed Special Permit
to ensure that there will be proper operation of the proposed use.
- The proposed use is in harmony with the general purpose and
intent of this Bylaw.
The applicant requests that the Town of North Andover Planning Board
acting as the Special Permit Granting Authority for the Watershed Special
Permit find this petition is in harmony with the general purpose and intent
of this Bylaw
SPECIFIC REQUIRMENTS:
Engineers Certification:
I, Philip G. Christiansen, hereby certify that the work depicted on
'Watershed Special Permit Site Plan of Land for "Great Pond Road Map
35, Parcel 38, " in North Andover, MA" dated march 5, 2013 prepared by
Christiansen & Sergi, Inc. will not, as proposed, contribute to any
significant degradation of the quality or quantity of water in or entering
Lake E is wi r
3
hilj Christiansen, PE # 28895 d to
Proof of Alternatives to actions within the Non -Disturbance
and/or Non Discharge Zones
Marguerite and Anthony Sciuto own the above referenced property and
wish to construct a single family house on the lot. Because of the topography of
the lot the best location for the proposed house is within the Non -Disturbance
Zone of the Watershed Protection District. Construction of the house in the
location shown on the attached plan will disturb less area within the watershed
and offers less potential for problems during construction than the alternative of
building outside the Non -Disturbance Zone.
A review of Sheet 2 of the attached plan will clearly show that the desired
location of the house is far preferable to the alternative. The proposed location
will require clearing of 20,780 square feet of land while the alternative would
require clearing 37,300 square feet of land. The driveway for the proposed
project is 130 feet long and occupies 1970 square feet while the driveway of the
alternative would be 590 feet long occupying 6580 square feet.
The alternative site location that has been shown is on the only relatively level
area of the property. If a house were to be built just beyond the non -disturbance
zone it would be in a section of the lot where the grade difference between the
front and back of the house would be 20 feet. Such a location would require
extensive grading and walls and does not represent a realistic alternative to the
proposal.
- Wastewater treatment.
The proposal is for a single family home to be connected to the existing
sewer and water services of North Andover.
- Evidence that all on site operations including, but not limited to
construction, waste water disposal, fertilizer applications and septic
systems will not create concentrations of Nitrogen in groundwater greater
that the Federal limit at the down gradient property boundary.
The proposal will tie into the existing sewer system.
All construction will comply with best management practices for erosion,
siltation and stormwater control. Any fertilizers used on the property will be
phosphorus -free and non-organic pesticides and herbicides will be prohibited on
the property; no septic systems are proposed.
Projections of down gradient concentrations of nitrogen,
phosphorus and other chemicals at property boundaries and other
locations deemed pertinent by the SPGR:
There will be no down gradient concentration of nitrogen and phosphorus
due to the proposed work.
The SPGR may also require that supporting materials be prepared by
other professionals including, but not limited to, a registered architect
registered landscape architect registered land surveyor, registered
sanitarian, biologist, geologist, or hydrologist when in its judgment the
complexity of the proposed work warrantees the relevant specific
expertise:
The applicant will supply additional information as requested by the
SPGA.
- Additional documentation
- Assessor Property Record Card
- Deed
- Certified abutter list
Essex North Razisb
6k 13308 Ps4? 01551
01-16-2013 a 122190
%.
u`
MASSACHUSETTS STATE EXCISE TAX
Essex North Resistrs
Date: 01-16-2013 a 12:19as
CtI,: 74 Doc:: 1551
Fee: $1.071.60 Cons: $235:000.00
QUITCLAIM DEED
I, Kenneth Haphey of 1159 Osgood Street, North Andover, Massachusetts
For consideration paid and in full consideration of Two Hundred Thirty Five Thousand and
00/100 ($235,000.00) Dollars
Grant to Marguerite A. Scioto and Anthony Sciuto Husband and wife as joint tenants of 15
Copley Road, North Andoihey Massachusetts 01845
Ct With QUITCLAIM COVENANTS
A certain parcel of land shown as Proposed Lot 2 on a Plan of land, Location Great Pond Road,
C North. Andover, MA, Prepared for Ken Haphey and recorded at the North Essex Registry of
Deeds as PlanNo.:14036.
�l Lot 2 consists of 94,844.703 square fat.
t✓ Being put of the premises conveyed to Sophie F. Haphey and Kenneth Haphey by deeds dated
August 14, 2004 and recorded at the North Essex Registry of ]keds at Book 1853, Page 336,
Book 1853, Page 337 and Book 1853, Page 338.
s
. �be said Sophie F. Haphey died on April 30, 2003.
This property is not homestead property.
♦t\ih N
A'
} s
{ s
Bk 13308 Pg48 #1551
6
'Executed as a sealed instrument this 1 ( day of January, 2013
Kenneth Haphey
COMMONWEALTH OF MASSACHUSETTS
ESSEX, ss.
On this i ! day of January, 2013, before me, the undersigned notary public, personally
appeared Kenneth Haphey, Proved to me through satisfactory evidence of identification,
which were copy of licenses, to be the person whose name is signed on the preceding or
attached document, and aclmowledged to me that he/she signed it voluntarily for its stated
Purpose.
jGS;I
Notary Public
PROPERTY ADDRESS:
Lot 2 Great Pond Road, North Andover, MA
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Spblapl PrpAem:
MAP
PARCELName
ALdaese
33
30
Sophk Haphey
110 Greet Ports Rewi Nall Andover, MA 01015
Abutters
Prooarffes
Mao
Parcel
Name
AddIe43
35
4
Sophie Haphey
1159 Great Pond Road North Andover, MA 0180.5
35
11
Mary Ellen Dollott
1815 Great Pond Road. NOM Andover, MA 01845
35
22
Town of Norm Allover
120 Main Street, NOM Andover. MA 0180.5
35
30
Comempdrary Builders, Iz
200 Park Street North ReadlM. MA 01884
35
40
VlrceMGlovenelli
1789 Great Pond Road, NOM Andover, k4A 01845
35
43
LPM Jr Irrevocable Thret
17W Great Pond Road, NOM Andover, MA 01045
35
57
Stephen Gagalb
1857 Grant Pond Road With Andover, MA 01845
35
84
John Benvenuto
147 Formal Farm Road Nall Andover, hV o1B45
35
85
Masood Sheikh
135 French Farm Road, North Allover, MA 0180.5
35
86
Philip DlBenedatto
123 French Farm Road, Noll Allover, MA 01845
35
87
Michael Schmitt
111 French Farm Road NOM Andover, k4A 01845
35
88
Hobert Sainch n
99 French Farm Road, North Andover MA 01045
35
89
Brian Wes(srdte/
87 Fremh Farm Road, North Andover, MA 01845
Lake
Cmh,thewkk
Cornmomnealth of MA
100 Cambridge Street, Boalon MA 02202
This certifies that the names appearing on the
records of the Assessors Office as of
Certified by ate z
Purpose of Public Hearing:
Application for a Watershed Special Permit under Sections
Town of North Andover
4.136.3.c.ii and 10.3 of the Zoning Bylaw within the Non -
Office of the Planning Department
Disturbance Buffer Zone of the Watershed Protection District.
Community Development and Services Division t
1600 Osgood Street, Suite 2035
J:
North Andover, Massachusetts 01845
+crus
httpl/www townof orthandov co
Applic in etitmner.
Stephen Dehulla
P (978)688-9535
36 Benjamin Street
P (978) 688-9542
LEGAL NOTICE
Owner:
TOWN OF NORTH ANDOVER PLANNING BOARD
NOTICE OF PUBLIC HEARING
In accordance with the provisions of M.G.L. Chapter 40-A, Section 11, the North Andover Planning
Board will hold a nuhlic h n,ino — a u,....•.
0 Great Pond Road, North Andover, M k 01845
Purpose of Public Hearing:
Application for a Watershed Special Permit under Sections
4.136.3.c.ii and 10.3 of the Zoning Bylaw within the Non -
Disturbance Buffer Zone of the Watershed Protection District.
Applicant seeks to construct a single family dwelling with
associated clearing, grading, utilities and stormwater maintenance
features on a presently undevelo ed lot.
Applic in etitmner.
Stephen Dehulla
36 Benjamin Street
Groveland, Ma 01834
Owner:
Kenneth and Sophie Haphey
1148 Osgood Street
North Andover, Ma 01845
Address of Premises Affected
0 Great Pond Road, North Andover, M k 01845
Assessors Map and Lot:
Map 35, Parcel 4
Public Hearing Date & Time
Tuesday, June 18, 2013 at 7:00 PM
Location of Public Hearing
TO. Hall, 120 Main Street, North Andover, MA
2' floor conference room.
Information Available
A copy of the plan and application is on file in the Planning Board
office at 1600 Osgood Street, North Andover, MA. and may be
inspected during regular business hours.
v v.. uue 4 and jime 11, LV 13
All interested persons may appear and be heard. Persons needing special accommodations and / or
those interested in viewing the application materials should contact the North Andover Planning
Department at (978) 688-9535.
BOARD OF APPEALS 688-9541 BUILDING 688-9545 CONSERVATION 688-9530 HEALTH 688-9540 PLANNING 688-9535
e
Town of North Andover 2013 JUN -6 PH 4 15
Office of the Planning Department
Community Development and Services Division i0't iJ OF
1600 Osgood Street MASSACHUSETTS
North Andover, Massachusetts 01845
NOTICE OF DECISION
Any appeal shall be filed
within (20) days after the
date of filing this notice in
the office of the Town Clerk.
Date: June 4, 2013
Date of Hearings: April 16, 2013, May 7,
2013, June 4, 2013
Date of Decision: June 4, 2013
Petition of: Anthony Scalia, 15 Copley Road, North Andover, MA 01845
Premises Affected: 0 Great Pond Road, North Andover, Massachusetts, 01845.
Assessor's Map 35, Parcel 38 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.6 & 10.3.
So as to allow the construction of a single family dwelling unit, a driveway, installation of utilities and
associated grading on an undeveloped parcel within 100 feet of a wetland and of Lake Ccchichewick in
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
D. Kellogg to APPROVE the Watershed Special Permit for the Watershed Protection District
as amended and based upon the following conditions. Vote was 6 — 0 in favor of the
application.
� 1
ening Board
ohn Simnns
Richard Rowen
Michael Colantoni
Lynne Rudnicki
Lora McSherry
Dave Kellogg
0 Great Pond Road Map 35 Lot 38
Watershed Special Permit—Construction of New Single Family Residence
June 4, 2013
The public hearing on the above referenced application was opened on April 16, 2013 closed by the North
Andover Planning Board on June 4, 2013.
On June 4, 2013, upon a motion made by R. Rowen and seconded by D. Kellogg to GRANT a Watershed
Special Permit for the construction of a single family dwelling unit with a driveway, installation of
utilities and associated grading and the installation of stortnwater management system on an undeveloped
parcel within 100 feet of a wetland and of Lake Cochichewick, in the Non -Disturbance Zone of the
Watershed Protection District under the requirements of Section 4.136.3.c.ii.6 & 10.3 of the North
Andover Zoning Bylaw. The total amount of impervious area to be created is 5,716 sq. ft. This Special
Permit was requested by Anthony Scuito, North Andover, MA 01845 on March 13, 2013. 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) That as a result of the proposed construction in conjunction with other uses nearby, there will not be any
significant degradation of the quality or quantity of water in or entering Lake Cochichewick. The
Planning Board bases this finding on the following facts:
a) The project is located within an extremely environmental sensitive area and in close proximity to
Lake Cochichewick, however the final design reflects extensive discussions between the Town
and applicant to ensure the continued protection of Lake Cochichewick and the safety and welfare
of the residents of North Andover.
b) On April 9, 2013, the project received a variance from the Town of North Andover Zoning Board
of Appeals, as required by the Town of North Andover's Zoning Bylaw, to construct a new
structure in the Non -Disturbance Zone. The Zoning Board found that owing to circumstances
related to soil conditions, shape or topography of the land, that literal enforcement of the
provisions of the Bylaw would involve substantial hardship, financial or otherwise.
c) The applicant provided the ZBA with two altematives for the location of the structure. One
alternative was to build the structure outside of the Non -Disturbance Zone. The design would have
required a total disturbed area of 37,300 sq. ft. and a driveway of 590 ft. The proposed project will
disturb 19,115 sq. ft. and will have a driveway of 130 ft. Although the alternative would have
provided less disturbance within the Non -Disturbance Zone, its location at the rear of the lot would
have required cutting into a steep slope and more overall land disturbance.
0 Great Pond Road Map 35 Lot 38
Watershed Special Permit—Construction of New Single Family Residence
June 4, 2013
d) The proposed construction will take place within the fast 250 feet of the parcel, on an area of the
parcel that has the least amount of grade changes. By locating the proposed building on relatively
flat terrain, the applicant avoids disturbance of the steep slope that exists on the remaining portion of
the parcel. The project also includes extensive mitigation of ran -off, using Best Management
Practices that are described in item Le of this decision.
e) The construction has been reviewed by Town Staff and the Town's consulting engineer, Lisa
Eggleston, and with the application of the erosion control measures and modifications to the drainage
and stormwater management designs, the consultant concluded that there will not be significant
degradation to the quality or quantity of water in or entering Lake Cochichewick. The site drainage
system and storm water management design are designed in accordance with the Town Bylaw
requirements and Best Engineering and Management Practices. The plan has been reviewed by
the outside consulting engineer, Lisa Eggleston, as evidenced by correspondence dated April 22,
2013 and May 29, 2013. Further, adequate safeguards have been provided to mitigate pollutants
from entering Lake Cochichewick through the installationtimplementation of the following Best
Management Practices relative to a single-family dwelling:
i) The new project will create 5,716 sq. ft. of new impervious area that will include the dwelling
unit, an attached garage and driveway. All of the roof runoff will be routed to 5 concrete
drywells, surrounded by a 12" stone trench. The driveway will contain water stops to control
the flow of runoff, and mnoff will also be infiltrated into a stone trench along the side of the
driveway.
ii) The entrance to the property has been narrowed to allow for the driveway to be constructed
and to limit tree clearing.
iii) A landscaping plan has been proposed which limits lawn area and defines the type of
plantings. Fertilizers are limited to those which are either organic or slow-release nitrogen and
phosphorous -free. This restriction will be noted on the deed.
iv) The limit of work and clearing has been marked on the plan to be as close to the proposed
dwelling unit as possible. Limits on new lawn areas will be described within the SPECIAL
CONDTTIONS section of this decision. A deed restriction will be recorded to limit any
further clearing on the lot.
f) The existing lot complies with the current Zoning Bylaw with regard to frontage and acreage. The
lot was created through the ANR process and was signed by the Planning Board on June 19, 2001
and is subject to the Conservation Zone, as described in section 4.136.2. Table 1, however, there is a
note on the plan approved by the ZBA stating that no new parcels were created in 2001 and that the
"subject property was created prior to 1984."
g) The existing structure is connected to the Town sewer and water systems.
2) There is no reasonable alternative location outside the General, Non -Disturbance, and the Non -
Discharge Zones for any discharge, structure or activity.
3) In addition, 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 all feasible storm water and
erosion controls have been placed on the site;
0 Great Pond Road Map 35 Lot 38
Watershed Special Permit — Construction of New Single Family Residence
June 4, 2013
b) The use will not adversely affect the neighborhood as the lot is located in a Residential 1 Zoning
District;
c) There will be no nuisance or serious hazard to vehicles or pedestrians;
d) Adequate and appropriate facilities are provided for the proposed project;
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 94,845 sq. R. parcel of land with frontage on Great Pond Road as
shown on Assessors Map 35, Parcel 38, and also known as 0 Great Pond Road, North Andover,
Massachusetts.
b) The "Plans" refer to the plans prepared by Christiansen & Sergi, Inc., dated March 21, 2013 and
revised to May 17, 2013, entitled "Site Plan of Land Great Pond Road located in North Andover,
MA".
c) The "Project" or "0 Great Pond Road" refers to the construction of a single family dwelling unit,
a driveway, and installation of utilities and associated grading on an undeveloped parcel within
100 feet of a wetland and of Lake Cochichewick in the Non -Disturbance Zone of the Watershed
Protection District.
d) The "Applicant" refers to Anthony Scullin, the applicant for the Special Permit.
JWhe "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, including changes to the
landscaping. Any changes deemed substantial by the Town Planner would require a public hearing
and modification by the Planning Board.
3) Any increase in impervious surface shall require a Special Permit from the Planning Board.
4) Prior to the endorsement of the 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 and included in the file.
i) Fertilizers are limited to those which are either organic or slow-release nitrogen and
phosphorous -free.
ii) The "Limit of Clearing" will be noted on the plan and no further clearing will be allowed on the
parcel. This limitation shall be noted in the deed.
b) The applicant will provide copies of all Decisions, Notification and Orders of Conditions from
the North Andover Conservation Commission.
5) Prior to the start of wastruetion or the issuance of a building permit:
r 0 Great Pond Road Map 35 Lot 38
Watershed Special Permit — Construction of New Single Family Residence
June 4, 2013
a) A performance guarantee bond of eight thousand dollars ($8,000.00) made out to the Town of
North Andover must be posted to insure that the 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.
i. The applicant may request up to one half of the bond funds to be released once the site is
stabilized, which will include the installation of the foundation, the driveway and the drywells.
The site most be inspected by the Town Planner and a vote must be taken by the Planning Board
to approve the release of funds.
ii. The remaining funds will be released when the project is complete and after an as -built has been
submitted. The final release will require that the applicant meet the condisions as outlined in
section 6.a of this decision
b) The applicant shall designate an independent Construction Monitor who shall be chosen in
consultation with the Planning Department staff. The Construction Monitor shall submit weekly
reports during the entire duration of the project and must be available upon four (4) hours notice
to inspect the site with the Planning Board staff. The Planning Staff may reduce the frequency of
reports upon review of such a request from the applicant.
c) All erosion control measures as shown on the plan must be in place and reviewed by the Town
Planner and Conservation Department.
d) A pre-constmction meeting must be held with the developer, their construction employees, Planning
Department and Building Department (and other applicable departments) to discuss scheduling of
inspections to be conducted on the project and the construction schedule.
e) Any new landscape ares will be confined to that which is indicated on the Plan. The and should have
a minimum of 6 inches of topsoil and where possible, native vegetation should be planted. Fertilizers
are limited to those which are either organic or slow-release nitrogen and phosphorous -free.
6) Prior to fired release of the Performance Bond:
a) The applicant shall submit an as -built plan stamped by a Registered Professional Engineer in
Massachusetts that shows all construction, including storm water mitigation trenches and other
pertinent site features. 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 architect and engineer of the project stating that the building,
landscaping, lighting and site layout substantially comply with the plans referenced at the end of this
decision as endorsed by the Planning Board. This as -built plan shall be submitted to the Town
Planner for approval.
b) The Planning Board must by a majority vote make a finding that the site is in conformance with the
approved plan.
7) No open burning shall be done except as is permitted during burning season under the Fire Department
regulations.
8) The Contractor shall contact Dig Safe at least 72 hours prior to commencing excavation.
9) The provisions of this conditional approval shall apply to and be binding upon the applicant, its
employees and all successors and assigns in interest or control.
0 Great Pond Road Map 35 Lot 38
Watershed Special Permit—Construction of New Single Family Residence
June 4, 2013
10) This Special Permit approval shall be deemed to have lapsed on June 4, 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.
11) This decision must be filed with the Essex North Registry of Deeds. The following information is
included as part of this decision:
Plan titled: "Site Plan of Land Great Pond Road located in North Andover, MA."
Prepared for:
Marguerite and Anthony Scuito
Prepared for:
IS Copley Road
North Andover, MA 01845
Prepared by:
Christiansen and Sergi, Inc.
Prepared by:
160 Summer Street
Haverhill, MA 01830
Scale:
1"=40'
Date:
March 21, 2013, revised to May 30, 2013.
Sheets:
2
Plan Titled:
Landscape Plan
Prepared for:
Marguerite and Anthony Scuito
15 Copley Road
North Andover, MA 01845
Prepared by:
Christiansen and Sergi, Inc.
160 Summer Street
Haverhill, MA 01830
Date:
May 30, 2013
Elevations:
Prepared by:
Architecture Residential Design
80 Merrimack Street, Suite 17
Haverhill, MA 01830
Sheets:
1-6
cc: Director of Public Works
Building Inspector
Conservation Administrator
Planning Board
Police Chief
Fire Chief
Applicant
Engineer
File
NOTIFICATION TO ABUTTERS
Under the Massachusetts Wetlands Protection Act
The North Andover Wetlands Protection Bylaw
In accordance with the Massachusetts General Laws, Chapter 131, Section 40, as amended, and
the North Andover Wetlands Protection Bylaw, (Chapter 178), you are hereby notified of the
following:
The name of the applicant is A NTH o IJ `I SC I V TL)
The applicant has filed a _p( 9T7 C E of I &)7Z9A1Z—th the North Andover
(application) t�
Conservation Commission(NACC) for the purposes of Siria(e 7ami (� �O/YI�
o4' description)
The North Andover Conservation Commission will hold a public hearing on
WEDNESDAY, A:PR I L 10 at 7:00 P.M. at the To" U4 120 Main
(date)
Street, 2' Floor Meeting Room, North Andover, MA 01845.
Copies of the Non r E' may be examined or obtained for a fee from:
(application)
(check all boxes that apply):
❑ Applicant at
Ej Representative at C{iri5httm f SPA&I�ave�7,?-373-0 3!23
Pr Conservation Department, 1600 Osgood Street, North Andover, MA 01845 Monday
through Thursdays 8:00 a. an. to 4:30 p. in. Tuesday 8:00 a. on. to 6:00 p. in. Friday, 8:00
a.m. tol2:00 p. m. Please call the Conservation Department at 978.688.9530 beforehand
to verify arrangements. Copies may be available for a fa.
Further information regarding the hearing, or the Wetlands Protection Act, may be obtained from
the Conservation Department at 978.688.9530.
NOTE: Notice of the public hearing, including its date, time, and place will be published in the
Lawrence Eagle -Tribune at least five (5) business days in prior to the public hearing
date.
NOTE: Notice of the public hearing, including its date, time, and place will be posted
in Town Hall, 120 Main Street, North Andover, MA 01845 at least 48 hours prior to
the public hearing date.
NOTE: You may also contact the Conservation Department or the Northeast Regional
Department of Environmental Protection Office for more information about this
application or the MA Wetlands Protection Act. To contact the Northeast Regional
Department of Environmental Protection Office, call 978.694.3200.
Town of North Andover
ZONING BOARD OF APPEALS
.Mbe P. Manzi III, Esq. Cbainraa
Ellen P. Mclatyme, VimCbainam
Rkhard J. Byers, Esq. Cdrk
D. Pad Koch Jr.
.wan Cusaa
Auelva Mraabra
Michael P. Uporto
Doug Lad&
13 cq Mcn canthal
Any appeal shall be fled within (20)
days after the date of filing of this
notice in the office of the Town Clerk,
per Mass. Gen. L. ch. 40A, § 17
T.n Cl,,k Time Stain,
Notice of Decision
Year 2013
r-CEIVED
2013 APR 16 PH 1: 42
Properly at: 0 Great Pond Road (Map 35 Parcel 38) North Andover,
nee 81245
NAME: David and Marguerite Scimo I
BEARING(S): 9 April 2013
ADDRESS: 0 Great Pond ltoad(Map 35 Parcel 388),
North Andover, MA 01845
PETITION: 2013-001
The North Andover Board of Appeals held a public hearing at The Senior Center, at 120R Main Street, North
Andover, MA on Tuesday, April 9, 2013 at 7:30 PM on the application of David and Marguerite Sciuto for
property located at 0 Great Pond Road (Map 35 Parcel 38), North Andover, MA 01845. Petitioner is
requesting a Variance under Section 4.136, (Building and Uses Permitted) 3(c) (ii) (3) of the Watershed Protection
District Bylaw, to Construction of a new Permanent Structure within the "Non -Disturbance Zone" allowed by
Special Permit by the Planning Board only after a Variance has been granted by the Zoning Board of Appeals.
Applicant is requesting to construct a new single family home in the R-1 Zoning District.
Legal notices were sent to all the certified abutters provided by the Town of North Andover, Assessors Office, and
were published in the Eagle -Tribune, a newspaper of general circulation in the Town of North Andover, on March
26 and April 2th, 2013.
The following regular voting members were present: Ellen P. McIntyre, Richard J. Byers, D. Paul Koch and Allan
Cuscia. The following Associate Members were present Michael Liporto and Denney Morganthal.
Byers made a motion to GRANT the Variance to allow Under Sermon 4.136, (Building and Uses Permitted) 3(c)
(ii) (3) of the Watershed Protection District Bylaw, to Construct a new Permanent Structure within the "Non -
Disturbance Zone"
Cuscia second the motion to Grant the Variance
All those in favor to Grant the Variance: Ellen P. McIntyre, Richard J. Byers, D. Paul Koch, Allan Cuscia and
Denny Morganthal
4-0
The Board finds that owing to circumstances relating to soil conditions, shape, or topography of the land or
structures and especially affecting such land or structures but not affecting generally the zoning district in general, a
literal enforcement of the provisions of the Bylaw will involve substantial hardship, financial or otherwise, to the
petitioner or applicant. The Board finds that desirable relief may be granted without substantial detriment to the
public good and without nullifying or substantially derogating from the intent of the purpose of this bylaw.
The Board also finds that this use, as developed by the building & site plans, is an appropriate location for such a
use and will not adversely affect the neighborhood. There will be no nuisance or serious hazard to vehicles or
pedestrians, since there are provisions for the required off-street parking. Adequate and appropriate facilities will be
provided to the proposed single family dwelling. The Board finds that the new single family home will nm be
substantially more detrimental to the neighborhood and that this use, is in harmony with the neighborhood and
general purpose and intent of this Bylaw.
Pagel oft
Site:
0 Great Pond Road(Map 35 Parcel 38), North Andover, MA 01845
Under Section 4.136, (Building and Uses Permitted) 3(c)(ii) (3) of the
Watershed Protection District Bylaw, The Construction of a new Permanent
Structure within the `Non -Disturbance Zone" is allowed by Special Permit by
the Planning Board only ager a V has been granted by the Zoning Board
ofAppeals. R-1 District.
Plan(s) Title:
l)"Site Plan of land" containing one (1) sheet. Prepared by Christiansen &
Sergi INC., Dated March 5, 2013
2)"Proposed Project" and an "Alternate Design Plans,"(outside of the Non-
disturbance Zone) "Site Plan of land" containing one (1) sheet. Prepared by
Christiansen & Sergi INC., Dated March 5, 2013
3) "Abutters within 300 Feet', and Roof Recharge calculations "Site Plan of
Land" containing one (1) sheet Prepared by Christiansen & Sergi INC., Dated
March 5, 2013
4) "Proposed House Plans of South Elevation", containing one (1) sheet,
"Proposed Basement Floor Plans" containing one (1) sheet. "Proposed fust
floor Plans", containing one (1) sheet, " Proposed second floor Plans",
containing one (1) sheet, "Proposed North and West Elevation", containing
one (1) sheet, " Proposed Northeast elevation -garage and Breezeway Plans,
Proposed Southwest elevation -garage and Breezeway Plans, Proposed
Southeast elevation -garage", containing one (1) sheet,
All Proposed House Plans Prepared by Rchitexture Residential Design, 80
Merrimack Street Suite 17 Haverhill,MA Dated February 21 2013.
Voting in favor.
Ellen P. Mchnyre, Richard J. Byers, D. Paul Koch Jr. Allen Cuscia and Deney
morgandial
Voting in the Negative:
1 0
The Board finds that the applicant bas satisfied the provisions Under Section 4.136 to construct a new single family
home for 0 Great Pond Road (Map 35 Parcel 38), North Andover, MA 01845 in the R-1 District.
Notes:
1. This decision stall rear be in effect until a copy ofthis decision is recorded 9 M Essex County Registry of Deeds, Northern District at
the applicant's expense.
2. The granting ofthe Variance as requested by the applicant does not neceasaily ensure the granting ofd building permit as the applicma
must abide by all applicable local, sten, and federal building codes and regulations, prior to the issuance of a building permit as retuned
by the Inspector ofRuild er,
3. lithe right authorard by the Variance are not exercised within two (2) years ofthe date ofthe grant, it shall lapse, and may be re-
established only after notice, and a new hearing.
'd
North Andover Zoning Board of A#peals
Ellen P. McIntyre, Acting Chairperson
Richard J. Byers, Esq., Clerk
D. Paul Koch Jr.
Allan Cuscia
Deney Morganthal
Decision 2013-001
Page 2 of 2
Town of North Andover
ZONING BOARD OF APPEALS
Albert P. Manzi III, Esq. Cbtimrae NORTM
Ellen P. McIntyre, VwCAalmm of,..••� 4o RECEIVED
Richard J. Byers, Esq. C/mE o` •w'-, -•' 4 TOW'; CLERK'S OFFICE
D. Paul Koch Jr. i
Auan Cn� : ; 2013 APR 16 PM 1142
Michael P. Iiporto yes peau+ �•g I
Doug Ludgm
Deney Morgendul P!G
TownC T stamp
Any appeal shall be filed within (20) Notice of Decision
days after the date of filing of this Year 2013
notice in the office of the Town Clerk,
per Mass. Gen. L. ch. 40A, §17 Property at: 0 Great Pond Road (Map 35 Parcel 38) North Andover,
2013-001
The North Andover Board of Appeals held a public hearing at The Senior Center, at 120R Main Street, North
Andover, MA on Tuesday, April 9, 2013 at 7:30 PM on the application of David and Marguerite Sciuto for
property located at 0 Great Pond Road (Map 35 Parcel 38), North Andover, MA 01845. Petitioner is
requesting a Variance under Section 4.136, (Building and Uses Permitted) 3(c) (ii) (3) of the Watershed Protection
District Bylaw, to Construction of a new Permanent Structure within the "Non -Disturbance Zone" allowed by
Special Permit by the Planning Board only after a Variance has been granted by the Zoning Board of Appeals.
Applicant is requesting to construct a new single family home in the R-1 Zoning District.
Legal notices were sent to all the certified abutters provided by the Town of North Andover, Assessors Office, and
were published in the Eagle -Tribune, a newspaper of general circulation in the Town of North Andover, on March
26 and April 2th, 2013.
The following regular voting members were present: Ellen P. McIntyre, Richard J. Byers, D. Paul Koch and Allan
Cuscia. The following Associate Members were present Michael Liporto and Denney Morganthal.
Byers made a motion to GRANT the Variance to allow Under Section 4.136, (Building and Uses Permitted) 3(c)
(ii) (3) of the Watershed Protection District Bylaw, to Construct a new Permanent Structure within the "Non -
Disturbance Zone"
Cuscia second the motion to Grant the Variance
All those in favor to Grant the Variance: Ellen P. McIntyre, Richard J. Byers, D. Paul Koch, Allan Cuscia and
Denny Morganthal
4-0
The Board finds that owing to circumstances relating to soil conditions, shape, or topography of the land or
structures and especially affecting such land or structures but not affecting generally the zoning district in general, a
literal enforcement of the provisions of the Bylaw will involve substantial hardship, financial or otherwise, to the
petitioner or applicant. The Board finds that desirable relief may be granted without substantial detriment to the
public good and without nullifying or substantially derogeting from the intent of the purpose of this bylaw.
The Board also finds that this use, as developed by the building & site plans, is an appropriate location for such a
use and will not adversely affect the neighborhood. There will be no nuisance or serious hazard to vehicles or
pedestrians, since there are provisions for the required off-street parking. Adequate and appropriate facilities will be
provided to the proposed single family dwelling. The Board finds that the new single family home will not be
substantially more detrimental to the neighborhood and that this use, is in harmony with the neighborhood and
general purpose and intent of this Bylaw.
Page 1 of 2
Site:
0 Great Pond Road(Map 35 Parcel 38), North Andover, MA 01845
Under Section 4.136, (Building and Uses Permitted) 3(c)(ii) (3) of the
Watershed Protection District Bylaw, The Construction of a new Permanent
Structure within the `Non -Disturbance Zone" is allowed by Special Permit by
the Planning Board only after a Variance has been granted by the Zoning Board
of Appeals. R-1 District.
Planes) Title:
1)"Site Plan of Land" containing one (1) sheet. Prepared by Christiansen &
Sergi INC., Dated March 5, 2013
2)"Proposed Project" and an "Alternate Design Plans,"(outside of the Non-
disturbance Zone) "Site Plan of Land" containing one (1) sheet. Prepared by
Christiansen & Sergi INC., Dated March 5, 2013
3) "Abutters within 300 Feet', and Roof Recharge calculations "Site Plan of
Land" containing one (1) sheet. Prepared by Christiansen & Sergi INC., Dated
March 5, 2013
4) "Proposed House Plans of South Elevation", containing one (1) sheet,
"Proposed Basement Floor Plans" containing one (1) sheet. "Proposed fust
floor Plans", containing one (1) sheet, " Proposed second floor Plans",
containing one (1) sheet, " Proposed North and West Elevation", containing
one (1) sheet, "Proposed Northeast elevation -garage and Breezeway Plans,
Proposed Southwest elevation -garage and Breezeway Plans, Proposed
Southeast elevation -garage", containing one (1) sheet,
All Proposed House Plans Prepared by Rchitexture Residential Design, 80
Merrimack Street Suite 17 Haverhill, MA Dated February 21, 2013.
Voting in favor:
Ellen P. McIntyre, Richard J. Byers, D. Paul Koch Jr. Allan Cuscia and Dency
Mo anthal
Votin in the Negative:
0
The Board finds that the applicant has satisfied the provisions Under Section 4.136 to construct a new single family
home for 0 Great Pond Road (Map 35 Parcel 38), North Andover, MA 01845 in the R -I District.
Notes:
1. This decision shall .(be in effect until a copY of this decision is recorded at the Essex County Regisay of Deeds, Northem Dist itt at
the applicant's expense.
2. The granting ofthe Variance as requested by the applicant does not necessarily ensure the granting of o building permit as the applicant
must abide by all applicable local, state, and federal building codes and regulations, prior to the issuance of a building permit as required
by the Inspector of Buildings.
3. If the rights authoroed by the Variance are not exercised within two (2) years fthe date fthe grant, it shall lapse, and may be re-
establobed only after notice, and a new hearing.
North Andover Zoniag Board of A eats
Ellen P. McIntyre, Acting Chairperson
Richard J. Byers, Esq., Clerk
D. Paul Koch Jr.
Allan Cuscia
Denney Morganthal
Decision 2013-001
Page 2 of 2
Department of Environmental Protection
Provided by MassDEP:
Bureau of Resource Protection - Wetlands
MsssDEP File N:242-1590
LOMassachusetts
WPA Form 5 - Order of Conditions
eDEP Tmnmction #:569931
Massachusetts Wetlands Protection Act M.G.L. c. 131, §40
CAy/Tovrn:NORTHANDOVER
A. General Information
1. Conservation Commission NORTH ANDOVER
2. Issuance a. F DOC b. I- Amended DOC
3. Applicant Details
&FbstName ANTHONY b. Last Name
SCRTrO
C. Grammarian
d.MaiBng Address 15 COPLEY ROAD
e. City/Poxm NORTH ANDOVER f State MA
g. Zip Code 01845
4. Property Owner
a FkstName ANTHONY b. Last Name
SCIITTO
c. Organization
d Mailing Address 15 COPLEY ROAD
e. City/Ibwn NORTH ANDOVER f. State MA
g. Zip Code 01845
5. Project Location
&Street Address GREAT POND ROAD
b.City/Ibwn NORTH ANDOVER c. Zip Code
01845
d. Assessors MapPlat# 35 c. PanodLm#
38
£Latitude 42.7I484N gLooptudc
71.10786W
6. Property recorded at the Registry of Deed for:
a. County b. Certificate c. Book
d. Page
NORTHERN ESSEX 13308
1551
7.Dates
a Date NOl Filed: 322/1013 b. Date Public Hearing Closed: 6/12/2013 C. Date Oflsmence:
6/13/2013
B.Final Approved Plans and Other Documents
a. Plan Tide: b. Plan Prepared by: c. Plan Signed/Stamped by: d. Revised
Final Data: e. Scale:
SITE PLAN ffi
PHILLIP G. CHRISTIANSEN,
I &
P.E. & MICHAEL J. SERGI, lane 6, 2013
(2 SERGI, INC.
DETAILCONSTRUCTION SERI, INC.
C.
F-20'
SHEETS) RLS.
SHEET)
LANDSCAPE PLAN CHRISTIANSEN & PHILIP G. CHRISTIANSEN,
SERGI, INC. P.E. May 30, 2013
1"=1d
Page 1 of 10 • ELECTRONIC COPY
Massachusetts Department of Environmental Protection Provided by MacDEP:
Bureau of Resource Protection - Wetlands MassDEP File #-.242-1590
LIJ MTA Farm 5 - Order of Conditions eDEP Transaction #:569931
Massachusetts Wetlands Protection Ad M.G.L. c. 131,¢40 Cay?own: NORTH ANDOVER
B. Findings
1.17indings 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 Omtthe areas in which work is proposed is significant to the following interests of
the Wetlands Protatiun Act
Check all the apply:
a r Public Water Supply b. r Land Continuing Shellfish ar Prevention of Pollution
d. r Private Water Supply e. r Fisheries f r PnewtionofWildlifellabimt
g r Grouts Water Supply h r Storm Damage Prevention i. r Flood Control
2. Commission hereby finds the project, as proposed, is:
Approved subject to:
a. r The following conditions which are necessary in accordance with the performance standards set forth in the wetlands regulatiorm
This Commission orders that all work shall be performed in accordance with the Notice of Intent referenced above, the following
General Conditions, and my other special conditions desched anthis Order. To the extent that the following conditions modify an
differ from the plans; specifications, or other proposals submitted with the Notice afferent these conditions shall cartel-
Denied
oMdDenied because:
b. r— The proposed work cammt be conditioned to meet the perfmsnance standards set forth in the wedand regulations. Therefore,
work on this project may not go forwent unless and until a new Notice oflntent is submitted which provides measures which are
adequate to protect interests ofthe Act and a final Order of Conditions is issued. A description of the performance standards
which the proposed work cannot meet is attached to this Order.
c. r The information submitted by the applicant is not sufficient to describe the site, the work or the effect ofthe 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
hmat is submitted which provides sufficient information and includes measures which are adequate to protect the interests of the
Ad, and a final Order of Conditions is issued. A description ofthe specific information which is lacking and why it is
necessary is attached to this Order as per 310 CMR 10.05(6)(c).
3.r Buffer Zone Impacts:Shortest distance between limit ofproject disturbance and the wetland resource
40
area specified in 31 OCMR10.02(Ixa).
a fi rear fed
Inland Resource Area Impads:(For Approvals Orgy):
Resource Area
Proposed
Permitted
Proposed
Permitted
Alteration
Alteration
Replacement
Replacement
4. r Bank
a linea fed
b.linearfed
c.linear fat
d.lirsarfed
5. r Bordering vegetated Welland
T—square—feet
b. square feel
c. aquae fee[
d. square fed
6. r Land under Waerbodies and Waterways
a square feet
b. square fed
c. square fed
d. square feet
Page 2 of 10 * ELECTRONIC COPY
Massachusetts Department of Environmental Protection Provided by MmsDEP:
Bureau of Resource Protection - Wetlands MassDEP File #:242-1590
WPA Form 5 - Order of Conditions eDEP Trunsechon #:569931
0
Massachusetts Wetlands
Protection Ad M.G.L. c. 131,§40 City?own: NORTH ANDOVER
e. dy dredged f. cly dredged
7, r Bordering Iawl Subject to Flooding
a square feet I. square feet c. square feet d. square feet
Cubic Feet Flood Storage
cubicet f fed cubic feet g. ¢obit
e. feet h. cubic fee[
8. F- 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 fed
9.r- Riverfoxit Am
a total sq. feet b. total sq. feet
Sq ft within 100 ft
c. square feet d square feet e. square feet f. square fee[
Sq ft between 100-200 ft
77q fed h. square feet i. Nonrated j. square feet
Coanal Resource Area Impacts:
Resource Area
Proposed Permitted Proposed Permitted
Alteration Alteration Replacement Replacement
10. F- Designated Port Areas
Indicate size under Land Under the Oeeen, below
11. r Land Under the Ocean
asquarefeet b.squarefeet
c. dy dredged d. cly dredged
12. F-BarridlIcaches
Indicate size under Coastal Bmrd. armor Coastal Duras below
13. F- Coastal Beaches
a square feet b. square fed c dy nourislunent d. dy nourishment
14. r Coastal Danes
a square fat b. square feet c dynounishmcd d dy nanishment
15. r CaasW Banks
aliaearfeet b. linear feet
16. r Rocky Intertidal Shores
a square feet b, squire fed
17. F- Salt Marshes
TN— feet b. square fed c. square feel d square feet
18. r Land Under Salt Ponds
a. squwe feet b. square Fat
c dy dredged d. dy dredged
Page 3 of 10 0 ELECTRONIC COPY
Massachusetts Department of Environmental Protection Provided by MassDEP:
Bureau of Resource Protection - Wetlands MassDEP File #:242-1590
WPA Form 5 - Order of Conditions eDEP Transaction #:569931
Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 City/rown:NORT14 ANDOVER
19. r Land Cantehwhg shellfish
2o. r Fish Ram
21. r Land Shbjectto Coastal Storm Flowage
a square feet b. square feet c. square feet d. square feet
Indicate size under Coastal BaNrs,i land Bank, Land Under the
Ocean, and/or inlaid Land Under Waterbodies and Waterways,
above
c. c/y dredged d, dy dredged
a square feet b. square feet
22.
r Reston[ion/Enhancement(For Approvals Only)
if the project is for the purpose of restoring or enhancing a wetland resource area in addition to the square footage that has been
entered in Section 13.5.c & d or B. 17.c & d above, please entered the additional amount here.
a square feet ofBV W
b. square feet of Salt Marsh
23.
r Streams Crossing(s)
Ifthe project involves Stream Crosvngs, please enter the number of new, stream crossings/numberofreplacement stream crossings.
a number of new stmarn crossings
b. number ofreplacement stream crossings
C. General Conditions Under Massachusetts Wetlands Protection Act
The following conditions are only applicable to Approved projects
1. Fail= to comply with all conditions stated herein, and with all related statutes and other regulatory measures, shall be deemed
cause to revoke or modify lids 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 ofpnmw rights.
3. This Oder does not rebeve the pehmiam or any other person ofthe necessity ofromplying with all other applicable federal,
state, or local solutes, ordinances, bylaws, or regulations.
4. The work authorized hereunder shall be completed witldn three years from the data of this Order unless either ofthe following
apply
a the work is a maintenance dredging project as provided for in the Act; a
b. the time for completion has been ceded to a specified date more than twee years, but less than five
year; from the date ofissuance. If this Order is intended to be valid for more than three years, the
extension date and the special crcumstaxes worming the extended Me period are set forth as a
special condition in this Order.
5. This Order may be extended by the issuing authorityfor one or more periods ofup 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 construes an Amended Order of Conditions, this Amended Oder of Conditions does not exceed the issuance
date ofthe original Final Order ofConditions.
7. Any fill used in connection with this project shall be clean fill. Any fill shall contain no teal; refuse, rubbish, a debris, including
but not limited to lumber, bricks, plaster, wire, lath, paper, cardboard, pipe, lues, ashes, refrilmonors, motor vehicles, or parts of
anyoftheforegang.
S. This Oder is not final =fit all administrative appeal periods from this Order have elapsed, or ifsuch an appeal has been taken,
Page 4 of 10' ELECTRONIC COPY
L13Massachusetts Department of Environmental Protection Provided by MassDEP:
Bureau of Resource Protection - Wetlands MassDEP File #:242-1590
WPA Form 5 - Order of Conditions eDEP Transaction #:569931
Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 City(rown:NORTH ANDOVER
mad all proceedings before the Department have been completed
9. No work shall be undertaken until the Order has became final and than 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. N the case of recorded land,
the Final Order shall also be noted in the Registry's Gmnterindcx under the more 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 Tide 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 entre and of this Order, which form must be stamped by the Registry ofDeeds,
prior to the commencement of work..
10. A sign shall be displayed 9 the site not less then two squarefeet or more than tree square fat in size bearing the words,
" Massachusetts Department of EnJvonmentol Protection"
[or MassDEP"]
File Number :"242-1590"
11. Where the Department of Environmental Protatior is requested to issue a superseding Order, to Conservation Commission
shall be a parry m all agency proceedings and hearings before Mass DEP.
12. Upon completion of the work described herein, the applicant shall submit aRequest for Certificate ofCompliance, (WPA Forth
8A) to the Conservation Comntission.
13. The workshall 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 ofthe Caoservamm 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 oflinvhonmental Protection shall have the right to
enter and inspect the mea subject to this Order at reasonable hours to evahuare compfiance with to conditions shared in this
Order, and may require the submittal of my data deemed necessary by the Conservation Commission or Department for that
evaluatiar.
16. This Order of Conditions shall apply to any successor in interest or successor in control of the property subject to this Order and
many contactor or other person performing work conditioned by this Order.
17. Prior to the star[ ofwork and if the project involves work adjacent to a Bordering Vegetated Wetland, the boundary of the
warlord in the vicinity of Ore proposed weak area shall be marked by wooden slakes or Flagging. Once in place, to wetland
boundary markets 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 rocas have been fully smbilisd with vegeraaon car
other means. At no time shall sediments be deposited in a wetland or water body. During contraction, the applicant car 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 tame site and shall also immediately notify, the Conservation
Commission, which reserves the right trequire additional erosion and/or damage prevention controls it may deem necessary.
Sedimenmmar barriers shall serve as the limit ofwork unless another limit of wok line has been approved by dris Order.
NOTICE OF STORMWATER CONTROL AND MAINTENANCE REQUIREWNTS
19. The work associated with Us Order(the"Project")is(1) f- is not (2)r subject to the Massachusetts Stormwater Standards.
Ifthe work is subject to Stormwater Standards, then to project is subject to the following conditions;
a) All work, including site preparation, land disMbance, construction and redevelopmem, shall be implemented in accordance
with the construction period pollution prevention and erosion and sedimentation control plan and, if applicable, to
Smmwater Pollution Prevention Plan required by the National Pollutant Discharge Elicamation Systern Construction General
Permit as required by Starmwater Standard 8. Concoction period erosion, sedimentation and pollution control measures and
best managementpnaces (BMPa) shall remain in place unfit the site is fully stabilized
b) Nostonnwaternmoffmay be discharged to thepos[-construction stormwarer BMPs unless and until a Registered
Professional Engineer provides a Certification oat: i all construction period BMPs have been removed or will be removed by
a data certain specified in to Certification. For any construction Feared BMPs intended be converted to post concoction
operation for stormwata attenuation, rechargq and/or m aonent, the conversion is allowed by the MassDEP Stormwater
Page 5 of 10 " ELECTRONIC COPY
0 Massachusetts Department of Environmental Protection Provided by MassDEP:
Bureau of Resource Protection- Wetlands MassDEP File #:242-1590
WPA Form ns
5 - Order of Conditions eDEP Traectics#:569931
Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 City/fown:NORTH ANDOVER
Handbook BMP specifications and that the BMP has been properly cleaned or prepared for post construction operation,
including removal ofall construction period sediment tapped in inlet and outlet control structures; it. as-built fecal cansTuctkin
BMP plans are included, signed and stamped by a Registered Professional Engineer, certifying the site is fullystabilbed; in
any illicit discharges to the stonnwatermanagement system have been removed, as per the requirements ofStormusser
Standard 10; iv. all post-construction stormwaW 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 me not damaged and that they are in
Proper- working condition; v. my vegetation associmed with post-construction BMPs is suitably established to withstand
crosion
c) The landowner is responsible for BMP maintenance mid the issuing authority is notified that another party has legally assumed
responsibility for BMP maintenance. Prim to requesting a Certificate of Compliance, or Partial Certificate of Compliance, the
responsible party (defaced in General Condition 19(e)) shall execute and submit to the issuing arthority an Operation and
Maintenance Compliance Statement ("O&M Statement") fm the Summwiter BMPs identifying the party responsible for
implementing the stonnwahr BMP Operation and Maintenance Plan ("O&M Plan") and certifying the following: i.) the O&M
Plan is complem and will be implemented upon receiptofthe Certificate ofComplisnce, and u) the future responsible parties
shall be notified in writing oftheh ongoing legal responsibilityin operate and maintain the stmmwaus, management BMPs and
implement the Stotmwater Pollution Prevention Plan.
d) Post-construction pollution prevention mid source comml shall be implemented in accordance with the long-tam pollution
prevention plan section of the approved St urnwater Report and, ifapplicable, the StormwanxPollution Prevention Plan
required by the Natural PoOutantDischarge Elimination SystemMuhi-Sector General Permit.
e) Unless and grid mother party accepts responsibility, the landowner, or owner ofany, drainage easement, assumes
responsibility for maintaining each BMP. To overcome this presumption, the landownerofthe property must submit to the
issuing authority a legally binding agreement mimord, acceptable to the issuing authority, evidencing that another entity has
accepted responsibility for maintaining the BMP, and that the proposed responsible party shall be heated as a parodies fm
purlwses of Implementing the requirements ofCondirions 19(t)through 19(k) with respect to that BMP. Any facts ofthe
proposed responsible party Implement the requirements of Conditions 19(f) through 19(k) with respect m that BMP shell
be a violation of the Order ofConditions aCertificate of Compliance. N the case ofstormwaterBMPs that are serving mon;
iter one dot, the legally binding agresmetn shall also identify the las than will be serviced by the stortnwarerBMPs Aplan and
easement deed thatgmmts the responsible party access to perform the required operation and maintenance must be submitted
along with the legally binding agreement.
0 The responsible party shall operate and maintain all sunnowaterBMPs in accordance with the design plans, the O&M Plan,
and the requirement ofthe Massachusetts Stornwater 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 stortnwater management system or my part thereof and disposal (for disposal the
log shall indicate the type ofmmerial 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 ofthe MassDEP and the Commission to inter 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 contmunints removed from stmtnwatc,RUIN shall be disposed of in accordance with all applicable
federal, suite, and Ictal laws and regulations.
i) Illicit discharges to the strrtnwater management system as defined in 310 CMR 10.04 are probibited.
3) The stormwater management systern approved in the Order of Conditions shall not be changed without the prior written
approval ofthe issuing authority.
k) Areas designated as qualifying pervious areas for the purpose of the Low Import Site Design Credit (as defaced in the
MassDEP StormwatcrHandbook, Volume 3, Chapter I, Low Impact Development Site Design Credits) shall not be altered
without the prim woman approval ofthe issuing a4honly.
I) Access for maintenance,repair, mNm replacement of BMPs shall not be withheld. Any fencing constructed around
Page 6 of 10 • ELECTRONIC COPY
Massachusetts Department of Environmental Protection Provided by MassDEP
LABureau of Resource Protection - Wetlands MassDEPFile #:242-1590
VITA Form 5 - Order of Conditions eDEP Tmnsac4on #:569931
Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 CWFown:NORTH ANDOVER
staoawater BMPs shall include access gates and shall he at least six inches above grade to allow for wildlife passage.
Special Conditions:
SEE ATTACHED.
Page 7 of 10' ELECTRONIC COPY
Massachusetts Department of Environmental Protection Provided by MassDEP
LJ1Bureau of Resource Protection - Wetlands MassDEP File #:242-1590
WPA Form 5 - Order of Conditions eDEP Tmnsecnon#:569931
Massachusetts Wetlands Protection Act M.G.L. c. 131, §40
City/Town:NORTH ANDOVER
D. Findings Under Municipal Wetlands Bylaw or Ordinance
I. Is a municipal wetlands bylaw or ordinance applicable? F Yes r- No
2. The Conservation Commission h by! h ck one that applies)
a. F DENIES the proposed work which cannot be conditioned to
meet the standards set forth in ammdcipal ordinance or bylaw
specifically:
1. Municipal Ordinance or Bylaw 2. Citation
Therefore, work onMis project may not go forward unless and will a revised Notice Meters is submitted which provides
measures which are adequate to meet dime standards, and a final Order or Conditions is issued. Which are necessarym
comply with a municipal ordinance a bylaw:
b. F APPROVES the proposed work subject to she following
additional conditions
NORTH ANDOVER
1. Municipal Ordinance or Bylaw OTT ANDS 2. Citation CHAPTER 178
ECTIOBYLAW
3, The Commission orders that all work shall be performed in accordance with the following conditions and withthe Notice of
Intentreferenced above. To the cormdtatthe following conditions modify ordiffer from the plans, specifications, orother
proposals submitted wiNtheNonce of Intent, the conditions shall control.
The special conditions relating to municipal ordinance or bylaw are as follows:
SEE ATTACHED.
Page 8 of 10 • ELECTRONIC COPY
Date
F. Appeals
Vy certified mail, return receipt requested, on
Date
The applicant the owner, any person aggieved by this Order, any owner of land abutting the land subject to this Order, or any on
residents ofthe city or town in which such land is located, arehereby notified oftheb right to request the appropriate MasDEP
Regional Office to issue a superseding OrderofCorditions. 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 to
310 CMR 10.03(7) within ten business days from the date of issuance ofthis Order. A copy ofthe request shall at the same time be
sent by certified mail orhand defivvy to the Conservation Commission and to the applican4 lfhe/she is not the appellant
Any appellants seeking to appeal the Departments Superseding Order associated with this appeal will be required to demonstrate prior
participation in the review oftlds project Previous participation in the permit proceeding means the submission ofwritren information to
the Conservation Commission prior to the close ofthe public hearing requesting a superseding Order, or providing written information
to the Department prior to issuance ofa superseding Order.
The request shall state clearly and concisely the objections to the Order which is being appMod and how the Order does not
contribute to the protection ofthe interests identified in the Massachusetts Wetlands Protection Act (M.G.L. c. 131, § 40), and is
inconsistent with the wetlands regulations (3 10 CMR 10.00). To the Went that the Order is based on a municipal ordinance or bylaw,
and not on the Masachusetcs Wetlands protection Actor regulations, the Department, has no appellate jurisdiction.
Page 9 of 10 * ELECTRONIC COPY
Massachusetts Department of Environmental Protection
Provided by MassDEP:
Bureau of Resource Protection - Wetlands
MasDEP Flle #:242-1590
WPA Form 5 - Order of Conditions
0
eDEP Transaction #:569931
Massachusetts Wetlands Protection Act M.G.L. c. 131, §40
Ctty1rown:NORTH ANDOVER
E. Signatures
This Order is valid for duee years front the data of issuance, unless otherwise specified
fammuntto General Condition #4. If this is an Amended Order of Conditions, the Amended
I.DnofOri IOrder
Order ctphes on the same date as the original Order of Conditions
Please indicate the number of members who will sign this form. This Order must be signed by
a majority ofthe Conservation Commission.
2Number fSigners
The Ordermust be mailed by certified mail (return receipt requested) orhand delivered to the applicant A copy also must be mailed
orhad delivered at the same time Nthe appropriate Department ofEnvironmemal Protection Regional Office, if not filing
electrorAcally, and the property owner, if different from applicant
Date
F. Appeals
Vy certified mail, return receipt requested, on
Date
The applicant the owner, any person aggieved by this Order, any owner of land abutting the land subject to this Order, or any on
residents ofthe city or town in which such land is located, arehereby notified oftheb right to request the appropriate MasDEP
Regional Office to issue a superseding OrderofCorditions. 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 to
310 CMR 10.03(7) within ten business days from the date of issuance ofthis Order. A copy ofthe request shall at the same time be
sent by certified mail orhand defivvy to the Conservation Commission and to the applican4 lfhe/she is not the appellant
Any appellants seeking to appeal the Departments Superseding Order associated with this appeal will be required to demonstrate prior
participation in the review oftlds project Previous participation in the permit proceeding means the submission ofwritren information to
the Conservation Commission prior to the close ofthe public hearing requesting a superseding Order, or providing written information
to the Department prior to issuance ofa superseding Order.
The request shall state clearly and concisely the objections to the Order which is being appMod and how the Order does not
contribute to the protection ofthe interests identified in the Massachusetts Wetlands Protection Act (M.G.L. c. 131, § 40), and is
inconsistent with the wetlands regulations (3 10 CMR 10.00). To the Went that the Order is based on a municipal ordinance or bylaw,
and not on the Masachusetcs Wetlands protection Actor regulations, the Department, has no appellate jurisdiction.
Page 9 of 10 * ELECTRONIC COPY
0 Massachusetts Department of Environmental Protection Provided by hlassDEP:
Bureau of Resource Protection - Wetlands MassDEP File 9:242-1590
WPA Form 5 - Order of Conditions eDEP Transaction 9:569931
Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 City/rown:NORTHANDOVER
G. Recording Information
This Order ofCondinons must be recorded in the Registry of Deeds or the land Courtforthe district in which the land is located,
within the chain oftrde ofthe affected property. In the care ofrecorded land are Final Order shall also be noted in the Registry's
Grantor Index under the name ofthe a. ofthe land subject to the Order. In the case ofregistered land, this Order shall also be
DOW on the Land Court Certificate of Title ofthe owner ofthe land subject to the Order of Conditions. The recording infomration on
this page shall he submitted Do the Conservation Commission listed below.
NORTH ANDOVER
Conservation Curmris m
DemrL an dotted line, have stamped by the Registry ofDeeds and submit to the Conservation Commission,
..................................................................................................................................................................
To:
NORTH ANDOVER
Cprsmazion Commission
Please be advised that the Order of Conditions for the Project at:
GREAT POND ROAD
Project Location
Has been recorded at the Registry of Deeds of:
County
for
Property Owner ANTHONYSCWTO
nod has been noted in the chain of fide ofthe affected property in:
Book
In accordance with the Order of Conditions issued on:
lfrxurdedlband, the instrument number idatifyingthis tmnsac um m
htsmnnent Number
Ifregiscered WA the document number identifying this transaction is:
DocanentNumber
242-1590
MassDEP File Number
Book Page
Page
Signature ofApplicanl an. amort
Page 10 of 10 * ELECTRONIC COPY
DEP FILE # 242 - 1590
Findines•
On June 4, 2013 the North Andover Planning Board issued a Watershed Special Permit
for the project proposed herein.
The North Andover Conservation Commission (hereafter the "NACC") hereby finds that the
following conditions are necessary, in accordance with the Performance Standards set forth
in the State Regulations, the local ByLaw and Regulations, to protect those interests noted
above. The NACC orders that all work shall be performed in accordance with said
conditions and with the Notice of Intent referenced below. To the extent that the followine
GENERAL CONDITIONS
20. The proposed work includes: construction of a single family home, attached garage,
driveway, stormwater management structures, appurtenant utilities, site work,
landscaping and grading. Portions of the work are within 100 feet of a Bordering
Vegetated Wetland and within the towns Watershed Protection District.
21. The work shall conform to the following (except as noted in the remainder of this
document where revisions may be required):
Applicant/Property Owner: Anthony Sciuto
15 Copley Road
North Andover, Massachusetts 01845
Notice of Intent filed by: Philip Christiansen, P.E.
Christiansen & Sergi, Inc.
160 Summer Street
Haverhill, MA 01830
Date filed: March 28, 2013
Site Plans prepared by: Christiansen & Sergi, hu.
Titled: Notice of Intent Plan Great Pond Road
Date: March 21, 2013
Revised: June 6, 2013
Sheets 1 - 2 (Site Plan & Construction Details)
Stamped by: Michael J. Sergi, P. L.S. &
Philip G. Christiansen, P.E.
Landscape Plan - Date May 17, 2013 & Revised May
30, 2013
242-1590, Great Pond 0-Sciuto OOC Special Conditions 1 NACC 6/132013
DEP FILE # 242 -1590
Stormwater Review
(for Watershed Special Permit):
Wetland Delineation
Conducted by:
Eggleston Environmental
Lisa D. Eggleston, P.E.
Review Letter Dated: April 22, 2013
Response emails: May 1, May 2 and May 29, 2013
Response emails from Christiansen & Sergi, Inc.
to Eggleston Environmental
Dated: May 1 & May 2, 2013
Leah Basbanes
November 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
Intent, supporting documents and this Order of Conditions. The NACC shall be
notified in writing within 30 days of all transfers of title of any portion of property that
takes place prior to the issuance of a Certificate of Compliance.
23. The conditions of this decision shall apply to, and be binding upon, the applicant,
owner, its employees and all successors and assigns in interest or control. These
obligations shall be expressed in covenants in all deeds to succeeding owners of
portions of the property.
24. Failure to comply with all conditions stated herein, and with all related statutes and
other regulatory measures, shall be deemed cause to revoke or modify this Order.
25. This Order does not grant any property rights or any exclusive privileges; it does not
authorize any injury to private property or invasion of property rights. However, the
NACC, agent of the NACC or the Department of Environmental Protection (DEP)
reserves the right to enter and inspect the property at all reasonable times until a
Certificate of Compliance is issued, to evaluate compliance with this Order of
Conditions, the Act (310 CMR 10.00), the North Andover Wetland ByLaw and
Regulations, and may require any information, measurements, photographs,
observations, and/or materials, or may require the submittal of any data or
information deemed necessary by the NACC for that evaluation. Further, work shall
be halted on the site if the NACC, agent or DEP determines that any of the work is not
in compliance with this Order of Conditions. Work shall not resume until the NACC
is satisfied that the work will comply and has so notified the applicant in writing.
26. This Order does not relieve the permittee or any other person of the necessity of
complying with all other applicable federal, state or local statutes, ordinances, by-laws
or regulations.
no-uvu, tueat Pond 0 -Scinto OOC Special Conditions 2 NACC 6/13/2013
DEP FILE # 242 -1590
27. The work authorized hereunder shall be completed within three years from the date of
this order.
28. This Order may be extended by the issuing authority for one but not more than two
periods of up to one year each upon application to the issuing authority at least thirty
days (30) prior to the expiration date of the Order (Refer to Section 8.3 of the North
Andover Wetland Regulations).
29. The NACC reserves the right to amend this Order of Conditions after a legally
advertised public hearing if plans or circumstances are changed or if new conditions
or information so warrant.
30. Where the Department of Environmental Protection (DEP) is requested to make a
determination and to issue a Superseding Order, the Conservation Commission shall
be a party to all agency proceedings and hearings before the Department.
31. Any future project which proposes a wetland crossing in order to access certain
portions of the property will not be qualified as a limited project roadway under 310
CMR 10.53(e).
32. The following wetland resource areas are affected by the proposed work: Buffer Zone
to Bordering Vegetated Wetland (BVW) and Bank (Lake Cochichewick). These
resource areas are significant to the interests of the Act and Town ByLaw as noted
above and therein. The applicant has not attempted to overcome the presumption of
significance of these resource areas to the identified interests.
33. The NACC agrees with the applicant's delineation of the wetland resource areas on
the site as shown on the plans dated referenced herein.
34. The NACC finds that the intensive use of the upland areas and buffer zone proposed
on this site will cause further alteration of the wetland resource areas. In order to
prevent any alteration of wetland resource areas a twenty five foot (25') No -
Disturbance Zone and a fifty foot (50') No -Construction Zone shall be established from
the edge of the adjacent wetland resource area as shown on the herein referenced
plans. In addition, in cooperation with the North Andover Planning Board, the
applicant has agreed that the proposed post and rail fence and existing loose stone
wall shall serve as the limit of clearing for this property. 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. 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,
242-1590, Great Pond 0-Sciuto OOC Special Conditions 3 NACC 6/13/2013
DEP FILE # 242 -1590
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.
36. The owners of the project and their successors in title agree that the Order does not in
itself impose upon the Town any responsibility to maintain the proposed drainage
system and that said Town shall not be liable for any damage in the event of failure.
By acceptance of this Order, the owners agree to indemnify and hold harmless to the
Town and its residents for any damage attributable to alterations undertaken on this
property pursuant to the Order. Issuance of these Conditions does not in any way
imply or certify that the site or downstream areas will not be subject to flooding, storm
damage or any other form of water damage. Maintenance of the drainage system, if
accepted by the Town as part of a public way, becomes the responsibility of the Town.
PRIOR TO CONSTRUCTION
37. 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.
38. 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.
39. 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 242-1590."
40. Any changes in the submitted plans caused by the applicant, another Board's decision
or resulting from this Order of Conditions must be submitted to the NACC for
approval prior to implementation. If the NACC finds said changes to be significant,
the NACC will call for another public hearing (at the expense of the applicant). Within
21 days of the close of said public hearing the NACC will issue an amended or new
Order of Conditions. Any errors found in the plans or information submitted by the
applicant shall be considered as changes. No work shall begin on a project until
written approval has been granted by the NACC.
242-1590, Great Pond 0-Sciuto OOC Spwial Conditions 4 NACC 6/132013
DEP FILE H 242 -1590
41. It is the responsibility of the applicant, owner, and/or successor(s) to ensure that all
conditions of this Order of Conditions are complied with. The project engineer and
contractors are to be provided with a copy of this Order of Conditions and referenced
documents before commencement of construction.
42. Prior to any work commencing on-site, the applicant shall submit to the NACC for
approval, a detailed and dated sequence of construction, including the installation of
sedimentation/erosion control devices, demolition, foundation installation and all
other work planned through final stabilization.
43. Prior to site disturbance, the applicant will submit a detail of the temporary swale to
line the edge of the access drive. The swale will be lined with stone and contain check
dams to control runoff on the site during construction.
44. 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 plans) 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.
45. A row of staked hay bales backed by trenched siltation fence shall be placed between
all construction areas and wetlands within resource areas (site plans show only
siltation fence). The erosion control barrier will be properly installed and placed as
shown on the plans approved and referenced herein and shall be inspected and
approved by the NACC or its agent prior to the start of construction and shall remain
intact until all disturbed areas have been permanently stabilized to prevent erosion.
All erosion prevention and sedimentation protection measures found necessary
during construction shall be implemented at the direction of the NACC or its agent.
The NACC reserves the right to impose additional conditions on portions of this
project to mitigate any impacts which could result from site erosion, or any noticeable
degradation of surface water quality discharging from the site. For example,
installation of erosion control measures may be required in areas not shown on the
plan(s) referenced in this Order of Conditions. Should such installation be required by
the NACC, they shall be installed within 48 hours of the Commissions request.
46. The applicant shall have on hand at the start of any soil disturbance, removal or
stockpiling fifteen (15) hay bales and sufficient stakes for staking these bales (or an
equivalent amount of silt fence, l hay bale to equal 3 feet of fence). Said bales shall be
242-1590, Great Pond 0 -Sciuto OOC Special Conditions 5 NACC 6/13/2013
DEP FILE # 242 -1590
used only for the control of emergency erosion problems and shall not be used for the
normal control of erosion.
47. 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
portions of the project for the NACCs review and approval. This condition is issued
under the authority of the local ByLaw.
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
any emergency placement of controls and regular inspection or replacement of
sedimentation control devices. The name and phone number of the erosion control
monitor must be provided to the NACC in the event that this person has to be
contacted, due to an emergency at the site, during any 24-hour period, including
weekends. Proof of the retained monitor must be submitted to the Conservation
Department on letterhead by the retained consulting firm. This person shall be given
the authority to stop construction for erosion control purposes. The Environmental
Professional will immediately notify the Conservation agent of any matter that
requires attention by the Commission or the agent. The erosion control monitor will
be required to inspect all such devices and oversee cleaning and the proper disposal of
waste products. Cleaning shall include removal of any entrapped silt.
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,
to the best of his/her knowledge and belief based on a careful site inspection, all work
is being performed in compliance with this Order of Conditions and that approved
setbacks are being adhered to. The erosion control monitor must visually inspect all
sedimentation/erosion control measures and assume responsibility for their
maintenance on a weekly basis and that they are functioning as intended. In addition,
all wetland resource areas must be visually inspected for siltation, turbidity, and/or
other water quality impacts. The Erosion Control Monitor shall be on site during
and/or following a major storm event of 1h" inch of rain or greater (24 hour event) to
ensure that soils remain stable, and erosion controls are adequate and secure
50. 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
242-1590, Great Pond 0 -Sciuto OOC Special Conditions 6 NACC 6/132013
DEP FILE # 242 -1590
Conditions, the "Compliance Certification Form Affidavit" attached via "Appendix
A" signed under the pains and penalties of perjury, stating that said applicant and/or
owner has read these Orders of Conditions and is in compliance with each and every
condition. This document shall apply to each of the conditions referenced herein and
shall be provided to the Conservation Department at least five (5) business days prior
to the closing of said land transaction.
51. Once these above mentioned pre -construction requirements are complete, the
applicant shall contact the Conservation Office prior to site preparation or
construction and shall arrange an on-site conference with an NACC representative, the
contractor, the erosion control monitor and the applicant to ensure that all of the
Conditions of this Order are understood. This Order shall be included in all
construction contracts, subcontracts, and specifications dealing with the work
proposed and shall supersede any conflicting contract requirements. The applicant
shall assure that all contractors, subcontractors and other personnel performing the
permitted work are fully aware of the permit's terms and conditions. Thereafter, the
contractor will be held jointly liable for any violation of this Order of Conditions
resulting from failure to comply with its conditions. The applicant or contractor shall
notify the NACC in writing of the identity of the on-site construction supervisor hired
to coordinate construction and to ensure compliance with this Order. A reasonable
period of time shall be provided as notice of the pre -construction meeting (e.g. 72
hours).
STORMWATER MANAGEMENT CONDITIONS
52. All construction and post -construction stormwater management shall be conducted in
accordance with supporting documents submitted with the Notice of Intent and as
approved by the NACC in this Order of Conditions.
53. There shall be no increase in the post development discharges from the storm drainage
system or any other changes in post development conditions that alter the post
development watershed boundaries as currently depicted in the Notice of Intent and
approved by this Order of Conditions, unless specifically approved in writing by the
Commission.
54. Water quality in down gradient BV W'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.
55. The applicants, owners, and their successors and assignees, shall maintain, in
perpetuity, all culverts, collections basins, traps, outlet structures, subsurface storage
areas, and other elements of the drainage system, in order to avoid blockages and
siltation which might cause failure of the system and/or detrimental impacts to on-site
242-1590, Great Pond 0 -Scioto OGC Special Conditions 7 NACC 6/13/2013
DEP FILE # 242 -1590
or off-site resource areas, and shall maintain the integrity of vegetative cover on the
site.
DURING CONSTRUCTION
56. Upon beginning work, the applicant shall submit written weekly progress reports
detailing what work has been done in or near resource areas, and what work is
anticipated to be done over the next period. This will update the construction
sequence. Reports shall be submitted in as part of the weekly environmental
monitoring report (see condition #49).
57. Dewatering activities are not proposed as part of the filing. No discharge of water is
allowed directly into an area subject to jurisdiction of the Wetlands Protection Act
and/or the North Andover Wetland Bylaw. If emergency de -watering requirements
arise, the applicant shall submit a contingency plan to the Commission for approval,
which provides for the pumped water to be contained in a settling basin, to reduce
turbidity prior to discharge into a resource area.
58. A temporary construction entrance shall be installed as detailed on Sheet 2 of the
herein referenced plan. If material is tracked beyond the construction entrance onto
the adjacent roadway, it will be swept up daily.
59. 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.
60. 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 lat of each year. Outside of the
growing season, exposed soil finish grade surfaces shall be stabilized with a layer of
mulch hay 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 approved by the NACC.
61. 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.
62. There shall be no stockpiling of soil or other materials within one hundred (100) feet of
any resource area. Stockpiled materials shall be maintained within erosion controls.
142-15W, Great Pond 0-Sciuto GOC Special Conditions 8 NACC 6/132013
DEP PILE # 242 -1590
63. Washings from concrete trucks, or surplus concrete, shall not be directed to, any
drainage system, or wetland resource area. If truck washing is to be done on site an
area shall be designated and approved by the Conservation Department.
64. All waste generated by, or associated with, the construction activity shall be contained
within the limit of work, and away from any wetland resource area. There shall be no
burying of spent construction materials or disposal of waste on the site by any other
means. The applicant shall maintain dumpsters (or other suitable means) at the site
for the storage and removal of such spent construction materials off-site. However, no
trash dumpsters will be allowed within 50' of areas subject to protection under the Act
or local Bylaw.
65. Accepted engineering and construction standards and procedures shall be followed in
the completion of the project.
66. During and after work on this project, there shall be no discharge or spillage of fuel, or
other pollutants into any wetland resource area. If there is a spill or discharge of any
pollutant during any phase of construction the NACC shall be notified by the
applicant within one (1) business day. No construction vehicles are to be stored within
100 feet of wetland resource areas, and no vehicle refueling, equipment lubrication, or
maintenance is to be done within 100 feet of a resource area.
11 AFTER CONSTRUCTION
67. 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 Towns Wetland protection ByLaw.
68. Fertilizers utilized for landscaping and lawn care shall be slow release, low -nitrogen
types (< 5%) and phosphorous free, 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 Towns Wetland
Protection ByLaw and shall remain in perpetuity.
69. There shall be no dumping of leaves, grass clippings, brush, or other debris into a
wetland resource area or within 25 feet of a wetland resource area. This condition
shall remain in perpetuity
70. 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.
242-1590, Great Pond 0 -Sciuto OOC Special Conditions 9 NACC 6/132013
DEP FILE # 242 -1590
71. Uon apoved site stabilization by Conservation staff, the erosion controls shall be
removed and properly disposed of and all exposed unv getated 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 fora 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 sulmnd with
the request for a Certificate of Compliance indicating that they read and
understood the recorded Order of Conditions prior to purchasing their property.
e. The name and address of the individual/ trust or corporation to whom the
compliance is to be granted.
f. The street address and assessor's map/ parcel number for the project.
g. The DEP file number.
h. A written statement from a Registered Professional Civil Engineer (and/or
Registered Professional Land Surveyor) of the Commonwealth certifying that the
work has been conducted as shown on the plan(s) and documents referenced
above, and as conditioned by the Commission.
ed and stamped by a Registered
1 C vil Engineer (P.E.) (and/or Regist"As-Built" plan prepared and ered d Professional Land Surveyor) ofrthessional
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 storrnwater systems exist partially within the
Buffer Zone than the entire structure must be depicted to accurately verify
compliance.
"As -Built" post -development elevations and grades of all filled or altered
wetland resource areas including the encompassing buffer zone which is
regulated as a resource area under the local Wetland Protection Bylaw.
➢ Distances from structures to wetland resource areas. Structures include (but
are not limited to) septic systems, additions, fences, sheds, stone walls,
pools, retaining walls, subsurface utilities and decks.
➢ A line showing the limit of work and the extent of existing erosion control
devices. "Work" includes MX 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:
NACC 6/13/2013
242-1590, Great Pond 0-Sciuto OOC Special Conditions 10
DEP FILE # 242 -1590
➢ 25' No -Disturbance Zone and a 50' No -Construction Zone shall be
established from the edge of adjacent wetland resource areas as approved
under DEP # 242-1590. In addition the applicant has agreed to a limit of
clearing as shown on the herein referenced plan. Future work within 100' of
existing wetland resource areas will require a separate filing with the NACC
(refer to Section 3.4 of the Regulations for performance standards within
these zones) The Conservation Administrator and/or other agents of the
NACC do not have the authority to waive these setbacks as established
under the local Bylaw;
➢ Stormwater Management System Maintenance (Condition #55)
➢ Discharge or spillage of pollutants (Condition #66);
➢ Prohibition of underground fuels (Condition #67);
➢ Limitations on the use of fertilizers, herbicides, and pesticides (Conditions
#68);
➢ Prohibition of dumping of leaves, grass clippings, brush, or other debris
(Condition #69).
242-1590, C>reet Pond 0 -SciuN OOC Special Conditions 11 NACC 6/132013
DEP PILE # 242 -1590
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 orNACC mamber)
the North Andover Conservation Commission.
&/or
2._ I am the
(position with owner) (owner name)
the owner upon whose land Order of Conditions
have been placed up by (DEP or NACC number)
the North Andover Conservation Commission.
3. I hereby affirm and acknowledge that I have received said Order of Conditions
and have read the same and understand each
(DEP File #) and every condition which has been set forth
in said Order of Conditions.
&
4. I hereby affirm and acknowledge that on this day of 19_
I inspected said property together with any and all improvements which have
been made to the same and hereby certify that each and every condition net
forth in Order of Conditions ate presently in compliance.
(DEP File #)
&
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)
242-1590, Great Pond 0 -Sciuw OOC Special Conditions 12 NACC 6//32013
o Zoning Bylaw Review Form
Town Of North Andover Building Department
1600 Osgood St. Bldg 20 Suite 2-36
North Andover, MA. 01845
Phone 978.688-9645 Fax 978-688-9542
Street:
0 Great Pond Road
Ma /Lot:
Map 35 /Lot 36
Applicant:
Anthonyand Mar ureite Sciuto
Request:
Construct a New Single Family Residence.
Date:
March 5 2013
Please be advised that after review of your Application and Plans tnat your Appucanon is
DENIED for the following Zoning Bylaw reasons:
7nninn R1
Rarnadv Mr tho nhnva is checked below.
Items I Special Permits Planning Board Rem #
Item
Notes
Setback Variance
hem
Notes
A
Lot Area
Common Driveway Special Permit
F
Frontage
Variance for Watershed
1
Lot area Insufficient
Independent Elderly Housin S ecial Permit
1
Frontage Insufficient
Earth Removal Special Permit ZBA
2
Lot Area Preexisting
2
Frontage Complies
X
3
Lot Area Complies
X
3
Preexisting frontage
4
Insufficient Information
4
Insufficient Information
B
Use
5
No access over Frontage
1
Allowed
X
G
Contiguous Building Area
2
Not Allowed
1
Insufficient Area
3
Use Preexisting
2
Complies
X
4
Special Permit Required
3
Preexisting CBA
5
Insufficient Information
4
Insufficient Information
C
Setback
H
Building Height
1
1 All setbacks comply
X
1
Height Exceeds Maximum
2
1 Front Insufficient
2
Complies
X
3
Left Side Insufficient
3
Preexisting Height
4
Ri ht Side Insufficient
4
Insufficient Information
5
Rear Insufficient
1
Building Coverage
6
Preexistin setbacks
1
Coverage exceeds maximum
7
1 Insufficient Information
2
Coverage Com lies
X
D
Watershed
3
Coverage Preexisting
1
Not in Watershed
4
Insufficient Informalion
2
In Watershed
X
J
Sign
3
Lot prior to 10/24/94
1
Sign not allowed
NIA
4
Zone to be Determined
2
Sign Complies
5
Insufficient Information
3
Insufficient Information
E
Historic District
K
Parking
1
In District review required
1
More Parkin Required
2
Not in district
X
2
Parking Complies
X
3
Insufficient Information
3
Insufficient Information
4
Preexistin Parkin
Rarnadv Mr tho nhnva is checked below.
Items I Special Permits Planning Board Rem #
Variance ZBA
Site Plan Review S ecial Permit
Setback Variance
Access other than Fronta e Special Permit
Parking Variance
Fronta a Exception Lot S ecial Permit
Lot Area Variance
Common Driveway Special Permit
Height Variance
Congregate Housing Special Permit X
Variance for Watershed
Continuing Care Retirement Special Permit
Special Permits Zoning Board
Independent Elderly Housin S ecial Permit
Special Permit Non -Conforming Use ZBA
Large Estate Condo Special Pennit
Earth Removal Special Permit ZBA
Planned Development District Special Permit
Planned Residential Special Permit I
Special Permit Use not Listed but Similar
I Special Permit for Sign
Plan Review Narrative
The following narrative is provided to further explain the reasons for DENIAL for the
APPLICATION for the property indicated on the reverse side:
csli
CHRIST/ANINER & SERGRr INC
PROFESSIONAL ENGINEERS AND LAND SURVEYORS
160 SUMMER STREET, engr.c m f x 9 01830
tel 9]8-3]3-0310 www.tsiengcccm fax 9]B-3]2-3960
February 12, 2013
North Andover Zoning Board of Appeals
120 Main Street
North Andover Ma 01845
Re: Assessor's Map 35 Lot 38 Great Pond Road — Construction in the Watershed
Dear Board Members
Marguerite and Anthony Scinto own the above referenced property and wish to construct
a single family house on the lot. Because of the topography of the lot the best location for
the proposed house is within the Non -Disturbance Zone of the Watershed Protection
District. Construction of the house in the location shown on the attached plan will disturb
less area within the watershed and offers less potential for problems during construction
than the alternative of building outside the Non -Disturbance Zone.
A review of Sheet 2 of the attached plan will clearly show that the desired location of the
house is far preferable to the alternative. The proposed location will require clearing of
20,780 square feet of land while the alternative would require clearing 37,300 square feet
of land. The driveway for the proposed project is 130 feet long and occupies 1970 square
feet while the driveway of the alternative would be 590 feet long occupying 6580 square
feet.
The alternative site location that has been shown is on the only relatively level area of the
property. If a house were to be built just beyond the nondisturbance zone it would be in a
section of the lot where the grade difference between the front and back of the house
would be 20 feet. Such a location would require extensive grading and walls and does not
represent a realistic alternative to the proposal.
Regarding the requirements of the rules in addressing items A through F we offer the
following
A. The proposed use of the land will be for the construction of a single family
house which is allowed by zoning
B. The topography dictates that the house should be built in the Non -Disturbance
Zone as discussed above and as shown on the submitted plans. This condition
does not generally affect the zoning district.
C. The hardship imposed by construction outside the Non -Disturbance zone will
be financial as can be ascertained from the above discussion and from the
/1 Essex Horth Resist—
Ek 23308 Ps47 01551
03-16-20Y3 0'1 12:19P
F MASSACHUSETTS STATE EXCISE TAX
Essex North Resistrs
Dates 01-16-1013 a 12:1%s
Ct1:: 74 0oc:: ISM
r Fee: $1.071.60 Cons: $235,000,00
QUITCLAIM DEED
1, Kenneth Haphey of 1159 Osgood Street, North Andover, Massachusetts
For consideration paid and in full consideration of Two Hundred Thirty Five Thousand and
00/100 ($235,000.00) Dollars
Grant to Marguerite A. Sciuto and Anthony Scimo, Husband and wife as joint tenants of 15
Copley Road, North Andover, Massachusetts 01845
Ct
with QUrrCLAIMCOVENANTS
A certain parcel of land shown as Proposed Lot 2 on a Plan of Land, Location Great Pond Road,
North Andover, MA, Prepared for Ken Haphey and recorded at the North Essex Registry of
E
Deeds as Plan No.: 14036.
V Lot 2 consists of 94,844.703 square feet.
tJ QQ Being part of the premises conveyed to Sophie F. Haphey and Kenneth Haphey by deeds dated
�r August 14, 2004 and recorded at the North Essex Registry of Deeds at Book 1853, Page 336,
�.. Book 1853, Page 337 and Book 1853, Page 338.
y
avid Sophie F. Haphey died on April 30, 2003.
r ��. ;..'Ors property is not homestead property.
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Subhmt ProoeM:
MAP
PARCEL
Na_rrre
Address
35
38
SnPhm Ha9hey
1159 Great Pond Road, North Andover, MA 01845
Abutters
Prooardes
Meta
Parch
Name
Addnsa
M
4
Sophia Haphey
1159 Great Pond Road. North AM.,. MA 01845
35
11
Mary Elven OOIbB
1815 Greet pond Road. NOM Andover, MA 0180.5
M
22
Tawn of NOM Andover
120 Mein Street, NOM Andover, k4A 01845
35
30
Contemporary BUltlers, Ire
200 Park Street Neth Reading, IAA 01804
35
40
NMrceM Gloverelli
1789 Great Pond Road. NOM Andover. MA 01845
M
43
LPM Jr Irrevocable Trust
17M Greet Pori Road, NOM Allover, k4A 01845
M
57
Stephen Gallalo
1M7 Great Pond Road. NoM Andover. MA 01845
35
M
John Benvenuto
147 French Fame Road, NOM Andover, MA 0180.5
35
M
Masoud Sheikh
135 French Farm Road, NOM Andover, k4A 01845
M
M
PMlip GiBenede0o
123 French Farm Road, NOM Andover, MA 01845
35
87
Mi ael Schmid
111 Flereh Farm Road, NOM Andover, MA 01845
35
88
Roped SaiMon
99 French Falm Road, NOM Allover, MA 0180.5
35
89
Brian Wesavaror
87 French Farm Road. Noll Andover, MA 01045
Lake
Cochkhawick
CommomvealU of MA
100 Cambridge Sbaet Boston MA 02202
This certifies that the names appearing on the
records of the Assessors Office as of
Certified by' ate z i
IRECEIVED
T0 ';"N r,,_ RK'S OrFICE
ooRTF,
oft„•o �o Town of North Andover
12 OCT M1 g: 39
3? a•.+ ` .• OL
ei 11 Office of the Planning Departme
* Community Development and Services Divisi t 01
*‘,......2.,. ,i, #
' t 1600 Osgood Street
i sswc►wss North Andover,Massachusetts s 01845 NiHaORS TS Ii Ak J Q S O
-< _`
3 NOTICE OF DECISION
Any appeal shall be filed
within (20) days after the
date of filing this notice in
the office of the Town Clerk.
Date: October 2,2012
Date of Hearings: September 4,2012,
September 18,2012, October 2,2012
$ Date of Decision: October 2,2012
Petition of David and Corliss Paolino,940 Great Pond Road,North Andover,MA 01845
1
Premises Affected: 0 Great Pond Road,North Andover,Massachusetts,01845.
Assessor's Map 103, Parcel 128 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.6& 10.3.
So as to allow the construction of a single family dwelling unit, porous pavement driveway, roofed
porches, an outside deck, installation of utilities and associated grading on an undeveloped parcel within
i 100 feet of a wetland in the Non-Disturbance Zone of the Watershed Protection District.
i
After a Public Hearing given on the above date, the Planning Board voted to APPROVE a Watershed
Special Permit for the Watershed Protection District,based upon the following conditions:
1 — /* _
,L�% ` //�.'.
P-finning Board
ishn Simons
i
Richard Rowen
x Michael Colantoni
Lynne Rudnicki
Lora McSherry
Dave Kellogg
,
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0 Great Pond Road Map 103 Lot 128
Watershed Special Permit—Construction of New Single Family Residence
October 2,2012
The public hearing on the above referenced application was opened on September 4, 2012 closed by the
North Andover Planning Board on October 2, 2012.
On October 2, 2012, upon a motion made by D. Kellogg and seconded by R. Rowen to GRANT a
Watershed Special Permit for the construction of a single family dwelling unit, porous pavement
driveway, roofed porches, an outside deck, installation of utilities and associated grading on an
undeveloped parcel, and the installation of stormwater management system within 100 feet of a wetland, in �I
the Non-Disturbance Zone of the Watershed Protection District. under the requirements of Section
4.136.3.c.ii.6 & 10.3 of the North Andover Zoning Bylaw. The total amount of impervious area to be
created is 3,604 sq. ft. This Special Permit was requested by David & Corliss Paolino, 940 Great Pond
Road, North Andover, MA 01845 on August 9, 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 are met. This decision specifically stated by the Planning Board makes the following
FINDINGS OF FACT:
1) That as a result of the proposed construction in conjunction with other uses nearby,there will not be any
significant degradation of the quality or quantity of water in or entering Lake Cochichewick. The
Planning Board bases this fmding on the following facts:
a) The project is located within an extremely environmental sensitive area and in close proximity to
Lake Cochichewick. The final design reflects extensive discussions between the Town and
applicant to ensure the continued protection of Lake Cochichewick and the safety and welfare of
the residents of North Andover.
b) On March 13, 2012, the project received a variance from the Town of North Andover Zoning
Board of Appeals, as required by the Town of North Andover's Zoning Bylaw, section
4.136.3.c.ii.3. The Zoning Board found that owing to circumstances related to soil conditions,
shape or topography of the land, that literal enforcement of the provisions of the Bylaw would
involve substantial hardship,financial or otherwise.
c) The construction has been reviewed by Town Staff and the Town's consulting engineer, Lisa
Eggleston,and with the application of the erosion control measures and modifications to the drainage
and stormwater management designs, the consultant concluded that there will not be significant
degradation to the quality or quantity of water in or entering Lake Cochichewick. The site drainage
system and storm water management design are designed in accordance with the Town Bylaw
requirements and Best Engineering and Management Practices. The plan has been reviewed by
the outside consulting engineer, Lisa Eggleston, as evidenced by a letters dated August 20, 2012
and September 10, 2012 and letters from Sullivan Engineering Group dated August 7, 2012 and
September 5, 2012 respectively. Further, adequate safeguards have been provided to mitigate
2
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0 Great Pond Road Map 103 Lot 128
Watershed Special Permit—Construction of New Single Family Residence
October 2,2012
pollutants from entering Lake Cochichewick through the installation/implementation of the
following Best Management Practices relative to a single-family dwelling:
i) The new project will create 3,604 sq. ft. of new impervious area, that will include the
dwelling unit, an attached garage, a front and rear porch and a rear deck. All of the
impervious surface and roof runoff will be routed to a 1,000 gallon concrete drywell,
surrounded by 54" of stone. The drywell has the capacity to store and infiltrate the 100 year
storm event.
ii) A porous pavement driveway, plus two porous pavement walkway areas will be constructed
in accordance with the UNH design standards for cold climates, as recommended by the
consulting engineer, Lisa Eggleston. An Operations and Maintenance Plan has been included
as part of the plan and the SPECIAL CONDITIONS section of this document will prohibit
paving of the driveway. This restriction will be noted on the deed.
iii) The limit of work and clearing has been marked on the plan to be as close to the proposed
dwelling unit as possible. Limits on new lawn areas will be described within the SPECIAL
CONDITIONS section of this decision.
iv) Fertilizers are limited to those which are either organic or slow-release nitrogen and
phosphorous-free. This restriction will be noted on the deed.
d) The existing lot complies with the current Zoning Bylaw with regard to frontage and acreage. The
lot was created before 1994 and is not subject to the Conservation Zone, as described in section
4.136.2.Table 1.
e) The existing structure is connected to the Town sewer and water systems.
2) There is no reasonable alternative location outside the General, Non-Disturbance, and the Non-
Discharge Zones for any discharge, structure or activity.
3) In addition, 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 all feasible storm water and
erosion controls have been placed on the site;
b) The use will not adversely affect the neighborhood as the lot is located in a Residential 1 Zoning
District;
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:
3
• 0 Great Pond Road Map 103 Lot 128
Watershed Special Permit—Construction of New Single Family Residence
October 2,2012
a) The"Locus"refers to the 87,121 sq.ft. parcel of land with frontage on Great Pond Road as
shown on Assessors Map 103,Parcel 128, and also known as 0 Great Pond Road,North Andover,
Massachusetts.
b) The"Plans"refer to the plans prepared by Sullivan Engineering Group, dated July 30,2012 and
revised to September 5,2012, entitled"Site Development-Plan of Land located in North
Andover,Massachusetts(Essex County)".
c) The"Project"or"0 Great Pond Road"refers to the construction of a single family dwelling unit,
porous pavement driveway,roofed porches, an outside deck, installation of utilities and
associated grading on an undeveloped parcel, and the installation of stormwater management
system within 100 feet of a wetland, in the Non-Disturbance Zone of the Watershed Protection
District.
d) The"Applicant"refers to David and Corliss Paolino,the applicants for the 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) Prior to the endorsement of the 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 and included in the file.
i) Fertilizers are limited to those which are either organic or slow-release nitrogen and
phosphorous-free.
ii) The porous pavement and dry well shall be maintained according to the Operations and
Maintenance Plan specified on the approved Plan and it shall not be seal-coated or otherwise
covered with non-porous material.
b) The applicant will provide copies of all Decisions, Notification and Orders of Conditions from
the North Andover Conservation Commission.
4) Prior to the start of construction or the issuance of a building permit:
{ a) A performance guarantee bond of four thousand dollars ($4,000.00) made out to the Town of
North Andover must be posted to insure that the 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.
b) The applicant shall designate an independent Construction Monitor who shall be chosen in
consultation with the Planning Department staff. The Construction Monitor shall submit weekly
reports during the entire duration of the project and must be available upon four(4) hours notice
to inspect the site with the Planning Board staff. The Planning Staff may reduce the frequency of
reports upon review of such a request from the applicant.
c) All erosion control measures as shown on the plan must be in place and reviewed by the Town
Planner and Conservation Department.
d) A pre-construction meeting must be held with the developer,their construction employees, Planning
4
0 Great Pond Road Map 103 Lot 128
Watershed Special Permit—Construction of New Single Family Residence
October 2,2012
Department and Building Department (and other applicable departments) to discuss scheduling of
inspections to be conducted on the project and the construction schedule.
e) Any new landscape area will be confined to that which is indicated on the Plan. The soil should have
a minimum of 6 inches of topsoil and where possible,native vegetation should be planted.Fertilizers
are limited to those which are either organic or slow-release nitrogen and phosphorous-free.
f) The contractor will provide a sequencing plan for the installation of the porous pavement driveway.
The plan should follow the sequence developed by the UNH Stormwater Center. The plan will
include installing the driveway sub base with a two-inch overfill and removal of the overfill once the
site is stabilized. The sub base should be inspected for compaction and infiltrative capacity and if
necessary,scarified to the depth required prior to placement of the porous layer.
4) Prior to release of the Performance Bond:
a) The applicant shall submit an as-built plan stamped by a Registered Professional Engineer in
Massachusetts that shows all construction, including storm water mitigation trenches and other
pertinent site features. 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 architect and engineer of the project stating that the building,
landscaping, lighting and site layout substantially comply with the plans referenced at the end of this
decision as endorsed by the Planning Board. This as-built plan shall be submitted to the Town
Planner for approval.
b) The Planning Board must by a majority vote make a finding that the site is in conformance with the
approved plan.
5) No open burning shall be done except as is permitted during burning season under the Fire Department
regulations.
6) The Contractor shall contact Dig Safe at least 72 hours prior to commencing excavation.
7) 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.
8) This Special Permit approval shall be deemed to have lapsed October 2, 2014 (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.
9) This decision must be filed with the North Essex Registry of Deeds. The following information is
included as part of this decision:
Plan titled: "Site Development-Plan of Land, located in North Andover, MA.
(Essex County)"prepared for David and Corliss Paolino"
Prepared for: David and Paolino
940 Great Pond Road
North Andover,MA 01845
5
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• 0 Great Pond Road Map 103 Lot 128
Watershed Special Permit—Construction of New Single Family Residence
October 2,2012
Prepared by: Sullivan Engineering Group
22 Mount Vernon Road
Boxford, MA 01921
Scale: 1"=20'
Date: July 30, 2012, revised, September 5,2012.
Sheets: 2
Elevations:
Prepared by: Royal Oaks
1000 Country Road,E. West
Suite 120
Shoreview,Mn 55128
Sheets: 1-7
Scale: 1/4"= 1'-0"
cc: Director of Public Works
Building Inspector
Conservation Administrator
Planning Board
Police Chief
Fire Chief
Applicant
Engineer
File
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7 `\ William G. Holt PLS RS SE
Surveying and Design Services T C ': _c i''''''' '-= .1
83 West Main Street 2013 JUL -2
'� --/ Merrimac,MA 01860 L
978-257-4576 email billuholt(i)aol.com 1 O
NORTH Ai l
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MASSACHtie
F Planning Board
Town of North Andover
1600 Osgood Street
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i North Andover,MA 01845
Subject: Lot 1 Great Pond Road,Assessors Map 35 Lot 4,
Applicant:Dehullu Homes—Steven Dehullu
WSPD Special Permit—extension of time.
June 25,2013
Dear Planning Board Members;
On behalf the applicants Dehullu Homes—Steve Dehullu,we respectfully submit a request for a
, continuance of the public hearing for the above referenced property,and grant an extension of
the statutory time for completing the hearing and filing a decision,until September 30,2013.
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The applicant(s)hereby agree to an extension as described above.
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ven De ullu— i-hullu -omes Da :
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IShould you have any comments,concerns or questions,please contact us.
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Respectfully; ..
fib.
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i William G.Holt,PLS, RS, SE
Land Surveying and Design
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Massachusetts Department of Environmental Protection Provided by MassDEP:
Bureau of Resource Protection-Wetlands MassDEP File#:242-1577 m
WPA Form 5 -Order of Conditions
eDEP Transaction#:534357
y
1 City/Town:NORTH ANDOVER 1
Massachusetts Wetlands Protection Act M.G.L.c. 131, §40
1
A. General Information
1.Conservation Commission NORTH ANDOVER
2. Issuance a. F OOC b.E Amended OOC
3.Applicant Details
a.First Name TOM b.Last Name ZAHORUIKO
c.Organization TLD,LLC
d.Mailing Address 115 CARTER FIELD ROAD
e.City/Town NORTH ANDOVER f.State MA g.Zip Code 01845
4.Property Owner 4
a.First Name TOM b.Last Name ZAHORUIKO
c.Organization TLD,LLC i
d.Mailing Address 115 CARTER FIELD ROAD
e.City/Town NORTH ANDOVER f.State MA g.Zip Code 01845
5.Project Location
a.Street Address LOT B-ABUTTING 72 GREAT POND ROAD ,
b.City/Town NORTH ANDOVER c.Zip Code 01845
d.Assessors Map/Plat# 96 e.Parcel/Lot# 4
f.Latitude 42.68572N g.Longitude 71.10975W
6.Property recorded at the Registry of Deed for:
a.County b.Certificate c.Book d.Page
NORTHERN ESSEX 13045 176
7.Dates
a.Date NOI Filed: 11/5/2012 b.Date Public Hearing Closed: 1/9/2013 c.Date Of Issuance: 1/10/2013
8.Final Approved Plans and Other Documents
a.Plan Title: b.Plan Prepared by: c.Plan Signed/Stamped by: d.Revised Final Date: e.Scale:
LOT B(ABUTTING
72 GREAT POND SULLIVAN JOHN SULLIVAN III,P.E.
ROAD),SITE ENGINEERING AND SCOTT L.GILES,PLS December 12,2012 1"=20'
DEVELOPMENT GROUP,LLC
PLAN OF LAND
Page 1 of 10*ELECTRONIC COPY
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Massachusetts Department of Environmental Protection Provided by MassDEP:
Bureau of Resource Protection-Wetlands MassDEP File#:242-1577
eDEP Transaction#:534357
WPA Form 5 -Order of Conditions Provided by MassDEP:
ANDOVER
(' Massachusetts Wetlands Protection Act M.G.L.c. 131,§40 t
r
DEFINITIVE SULLIVAN
SUBDIVISTLJ ICY ENGINEERING SCOTT L.GILES,PLS December 7,2012 1"=20'
GROUP
t
B. Findings
i
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:
f,
I-
a. F Public Water Supply b. r Land Containing Shellfish c.F Prevention of Pollution 1'
d. F Private Water Supply e. F Fisheries f. F Protection of Wildlife Habitat
ii
g. F Ground Water Supply h. F Storm Damage Prevention i. F Flood Control
2.Commission hereby fmds the project,as proposed,is: t
i
Approved subject to: t
a.F The following conditions which are necessary in accordance with the performance standards set forth in the wetlands regulations.
This Commission orders that all work shall be performed in accordance with the Notice of Intent referenced above,the following
General Conditions,and any other special conditions attached to this Order.To the extent that the following conditions modify or
differ from the plans,specifications,or other proposals submitted with the Notice of Intent,these conditions shall control. t
Denied because:
b.r The proposed work cannot be conditioned to meet the performance standards set forth in the wetland regulations.Therefore, r
work on this project may not go forward unless and until a new Notice of Intent is submitted which provides measures which are
adequate to protect interests of the Act,and a final Order of Conditions is issued.A description of the performance standards
which the proposed work cannot meet is attached to this Order.
c.r The information submitted by the applicant is not sufficient to describe the site,the work or the effect of the work on the interests i
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 fmal Order of Conditions is issued.A description of the specific information which is lacking and why it is t
necessary is attached to this Order as per 310 CMR 10.05(6)(c).
3.F Buffer Zone Impacts:Shortest distance between limit of project disturbance and the wetland resource 25 a
area specified in 310CMR10.02(1)(a). a.linear feet 1.
1
a
Inland Resource Area Impacts:(ForApprovals Only): .
Proposed Permitted Proposed Permitted
Resource Area Alteration Alteration Replacement Replacement
4. r Bank i
t
a linear feet b.linear feet c.linear feet d.linear feet i
5.1— Bordering Vegetated Wetland
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Massachusetts Department of Environmental Protection Provided by MassDEP:
1
Bureau of Resource Protection-Wetlands MassDEP File#:242-1577
WPA Form 5 Oder of Conditions eDEP Transaction#:534357
Massachusetts Wetlands Protection Act M.G.L.c. 131, §40 City/Town:NORTH ANDOVER
I
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.dy dredged 1.c/y dredged
7.r Bordering Land Subject to Flooding
a.square feet b.square feet c.square feet d.square feet
Cubic Feet Flood Storage
e.cubic feet f.cubic feet g.cubic feet h.cubic feet
8.r Isolated Land Subject to Flooding t
a.square feet b.square feet
Cubic Feet Flood Storage
c.cubic feet d.cubic feet e.cubic feet 1.cubic feet
9.r Riverfront Area
a.total sq.feet b.total sq.feet
Sq ft within 100 ft f
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
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Alteration Alteration Replacement Replacement 1'.
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10.r Designated Port Areas Indicate size under Land Under the Ocean,below
11.E Land Under the Ocean g
a.square feet b.square feet
is I,
c.c/y dredged d.c/y dredged
1 12.r Barrier Beaches Indicate size under Coastal Beaches and/or Coastal Dunes below
i t
13.r Coastal Beaches
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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.dy nourishment d.dy nourishment
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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
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Massachusetts Department of Environmental Protection Provided by MassDEP:
Bureau of Resource Protection-Wetlands MassDEP File#:242-1577
WPA Form 5 -Order of Conditions
eDEP Transaction#:534357 t
r k Massachusetts Wetlands Protection Act M.G.L.c. 131, §40 City/Town:NORTH ANDOVER
18.r Land Under Salt Ponds
a.square feet b.square feet
c.c/y dredged d.c/y dredged
19.r Land Containing Shellfish
a.square feet b.square feet c.square feet d.square feet
Indicate size under Coastal Banks,inland Bank,Land Under the t'
20.r Fish Runs Ocean,and/or inland Land Under Waterbodies and Waterways,
above
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c.c/y dredged d.c/y dredged
I21.r Land Subject to Coastal Storm Flowage
a.square feet b.square feet
22.
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I— Restoration/Enhancement(For Approvals Only)
If the project is for the purpose of restoring or enhancing a wetland resource area in addition to the square footage that has been i
entered in Section B.5.c&d or B.17.c&d above,please entered the additional amount here.
t
a.square feet of BVW b.square feet of Salt Marsh
23. 1
1
r Streams Crossing(s)
If the project involves Stream Crossings,please enter the number of new stream crossings/number of replacement stream crossings. .
a.number of new stream crossings b.number of replacement stream crossings t
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.
1;
2. The Order does not grant any property rights or any exclusive privileges;it does not authorize any injury to private property or
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invasion of private rights.
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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: 1
a.the work is a maintenance dredging project as provided for in the Act;or
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b.the time for completion has been extended to a specified date more than three years,but less than five Li
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 a
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. t
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Massachusetts Department of Environmental Protection Provided by MassDEP:
Bureau of Resource Protection-Wetlands
MassDEP File#:242-1577
WPA Form 5-Order of Conditions eDEP Transaction#:534357
r City/Town:NORTH ANDOVER t
Massachusetts Wetlands Protection Act M.G.L.c. 131,§40
7. Any fill used in connection with this project shall be clean fill.Any fill shall contain no trash,refuse,rubbish,or debris,including
but not limited to lumber,bricks,plaster,wire,lath,paper,cardboard,pipe,tires,ashes,refrigerators,motor vehicles,or parts of
any of the foregoing.
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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. 1`
9. No work shall be undertaken until the Order has become fmal and then has been recorded in the Registry of Deeds or the Land I
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, i
"Massachusetts Department of Environmental Protection"
1.
[or'MassDEP"] I'
File Number:"242-1577"
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. t,,
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 1'
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 o
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. k
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. i;'
If the work is subject to Stormwater Standards,then the project is subject to the following conditions; I
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 i'
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.
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Massachusetts Department of Environmental Protection Provided by MassDEP:-
Bureau of Resource Protection-Wetlands Conditions M
MassDEP File#:242-1577
Mass Transaction#:534357
LI WPA Form 5 -Order of Condi ons H VER Massachusetts Wetlands Protection Act M.G.L.c. 131,§40
k
b) No stormwater runoff may be discharged to the post-construction stormwater BMPs unless and until a Registered
Professional Engineer provides a Certification that:1.all construction period BMPs have been removed or will be removed by
a date certain specified in the Certification.For any construction period BMPs intended to be converted to post construction
operation for stormwater attenuation,recharge,and/or treatment,the conversion is allowed by the MassDEP Stormwater
Handbook BMP specifications and that the BMP has been properly cleaned or prepared for post construction operation,
including removal of all construction period sediment trapped in inlet and outlet control structures;ii..as-built final construction
BMP plans are included,signed and stamped by a Registered Professional Engineer,certifying the site is fully stabilized;iii.
any illicit discharges to the stormwater management system have been removed,as per the requirements of Stormwater
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 t'
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 t`
shall be notified in writing of their ongoing legal responsibility to operate and maintain the stormwater management BMPs and
implement the Stormwater Pollution Prevention Plan.
d) Post-construction pollution prevention and source control shall be implemented in accordance with the long-term pollution
prevention plan section of the approved Stormwater Report and,if applicable,the Stormwater Pollution Prevention Plan
required by the National Pollutant Discharge Elimination System Multi-Sector General Permit.
e) Unless and until another party accepts responsibility,the landowner,or owner of any drainage easement,assumes
responsibility for maintaining each BMP.To overcome this presumption,the landowner of the property must submit to the
issuing authority a legally binding agreement of record,acceptable to the issuing authority,evidencing that another entity has
accepted responsibility for maintaining the BMP,and that the proposed responsible party shall be treated as a permittee for
purposes of implementing the requirements of Conditions 19(f)through 19(k)with respect to that BMP.Any failure of the
proposed responsible party to implement the requirements of Conditions 19(f)through 19(k)with respect to that BMP shall
be a violation of the Order of Conditions or Certificate of Compliance.In the case of stormwater BMPs that are serving more
than one lot,the legally binding agreement shall also identify the lots that will be serviced by the stormwater BMPs.A plan and
easement deed that grants the responsible party access to perform the required operation and maintenance must be submitted r'
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); i
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. i'
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Massachusetts Department of Environmental Protection Provided by MassDEP:
Bureau of Resource Protection-Wetlands MassDEP File#:242-1577
N': (V ILL
WPA Form 5 - Order of Conditions eDEP Transaction#:534357
Massachusetts Wetlands Protection Act M.G.L.c. 131,§40 City/Town:NORTH ANDOVER
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
stonnwater BMPs shall include access gates and shall be at least six inches above grade to allow for wildlife passage.
Special Conditions:
SEE ATTACHED. Ili
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Massachusetts Department of Environmental Protection Provided by MassDEP:
Bureau of Resource Protection-Wetlands MassDEP File#:242-1577
WPA Form 5-Order of Conditions eDEP Transaction#:534357
`� 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 1".
2. The Conservation Commission hereby(check one that applies):
a. E 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 fmal Order or Conditions is issued.Which are necessary to
comply with a municipal ordinance or bylaw:
b. I
F APPROVES the proposed work,subject to the following
additional conditions.
al Ordinance or Bylaw NORTH ANDOVER
1.Municipal y WETLANDS BYLAW 2.Citation CHAPTER 178
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.
1
(
The special conditions relating to municipal ordinance or bylaw are as follows: 4
SEE ATTACHED.
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Massachusetts Department of Environmental Protection Provided by MassDEP:
\\- Bureau of Resource Protection-Wetlands MassDEP File#:242-1577
WPA Form 5-Order of Conditions eDEP Transaction#:534357
Massachusetts Wetlands Protection Act M.G.L.c. 131,§40
City/Town:NORTH ANDOVER
E. Signatures
This Order is valid for three years from the date of issuance,unless otherwise specified I — 7 9
— /.�
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. gn
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
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Signatures:
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/ L4!i / .„ ��V
- "-pm WJIMIAT
ifoa,r1.0.,a atr,rk,„„) iiii/M0'
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r by hand delivery on •y cert'd iedy'A, receipt requested,on
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Date Date
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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
PP Y P � Y Y g subject � Y
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.
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Massachusetts Department of Environmental Protection Provided by MassDEP:
Bureau of Resource Protection-Wetlands MassDEP File#:242-1577
WPA Form 5 -Order of Condons eDEP Transaction#:534357
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 I`
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
1!'
Detach on dotted line,have stamped by the Registry of Deeds and submit to the Conservation Commission.
To: r,
NORTH ANDOVER
Conservation Commission
Please be advised that the Order of Conditions for the Project at:
LOT B-ABUTTING 72 GREAT POND ROAD 242-1577
Project Location MassDEP File Number
Has been recorded at the Registry of Deeds of:
F..
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County Book Page
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for
Property Owner TOM ZAHORUIKO
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#242-1577
Therefore,the North Andover Conservation Commission (hereafter the "NACC") hereby
finds that the following conditions are necessary, in accordance with the Performance
Standards set forth in the State Regulations, the local ByLaw and Regulations, to p rotect
those interests noted above. The NACC orders that all work shall be performed in
accordance with said conditions and with the Notice of Intent referenced below. To the
extent that the following conditions modify or differ from the plans, specifications or other
proposals submitted with the Notice of Intent, the conditions shall control.
GENERAL CONDITIONS
20. The proposed work includes: construction of a new single family house, patio,
driveway,stone wall and associated site work and grading including a crushed stone
drywell and driveway treatment Swale. Portions of the work are within 100 feet of
Bordering Vegetated Wetland (BVW) associated with an intermittent stream.
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 prepared
by John Sullivan, PE
Sullivan Engineering Group, LLC
22 Mount Vernon Road
Boxford, MA 01921
Date: November 2, 2012
Property Owner: Tom Zahoruiko (-
TLD, LLC
115 Carter Field Road
North Andover, MA 01845
1
Site Plans prepared by Sullivan Engineering Group, LLC
Titled: Site Development Plan of Land
Lot B (Abutting 72 Great Pond Road)
Dated: October 22, 2012
Last Revised: December 12, 2012
Signed and Stamped by John Sullivan III, PE &
Scott L. Giles, P.L.S.
Definitive Subdivision Plan"Turkey Hill" t
Date: October 1, 2012
Last Revised: 12/7/12
t
Other Record Documents: Stormwater Review Letter
Prepared by Lisa D. Eggleston, P.E.
3
242-1577,72 Great Pond Road(Lot B) 1 NACC 1/10/2013
DEP FILE#242-1577
29. The NACC reserves the right to amend this Order of Conditions after a legally
advertised public hearing if plans or circumstances are changed or if new conditions
or information so warrant.
30. Where the Department of Environmental Protection (DEP) is requested to make a
determination and to issue a Superseding Order, the Conservation Commission shall
be a party to all agency proceedings and hearings before the Department.
31. Any future project which proposes a wetland crossing in order to access certain
portions of the property will not be qualified as a limited project roadway under 310
CMR 10.53(e).
32. The following wetland resource areas are affected by the proposed work: Buffer Zone
to 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.
33. The NACC agrees with the applicant's delineation of the wetland resource areas on
the site as shown on the plans dated referenced herein.
34. The NACC finds that the intensive use of the upland areas and buffer
p zone proposed
on this site will cause further alteration of the wetland resource areas. In order to
prevent any alteration of wetland resource areas a twenty five foot(25') No-
Disturbance Zone and a fifty foot (50') No-Construction Zone (BVW) shall be
established from the edge of the adjacent wetland resource area except for existing
structures 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. 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.
36. 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
242-1577,72 Great Pond Road(Lot B) 3 NACC 1/10/2013
DEP FILE #242-1577
43. 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.
44. Staked hay bales and trenched siltation fence shall be placed between all construction
areas and down gradient resource areas as shown on the herein referenced plan. The
erosion control barrier will be properly installed and placed as shown on the plans
approved and referenced herein and shall be inspected and approved by the NACC or
its agent prior to the start of construction and shall remain intact until all disturbed
areas have been permanently stabilized to prevent erosion. All erosion prevention
and sedimentation protection measures found necessary during construction shall be
implemented at the direction of the NACC or its agent. The NACC reserves the right
to impose additional conditions on portions of this project to mitigate any impacts
which could result from site erosion, or any noticeable degradation of surface water
quality discharging from the site. For example, installation of erosion control
measures may be required in areas not shown on the plan(s) referenced in this Order
of Conditions. Should such installation be required by the NACC,they shall be
installed within 48 hours of the Commission's request.
45. The applicant shall have on hand at the start of any soil disturbance,removal or
stockpiling, a minimum of 10 hay bales and sufficient stakes for staking these bales (or
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an equivalent amount of silt fence, 1 hay bale to equal 3 feet of fence). 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.
46. A check payable to the Town of North Andover shall be provided in the amount of
$3,000 which shall be in all respects satisfactory to Town Counsel, Town Treasurer,
and the NACC, and shall be posted with the North Andover Town Treasurer through
the NACC before commencement of work. Said deposit of money shall be
conditioned on the completion of all conditions hereof, shall be signed by a party or
parties satisfactory to the NACC, and Town Counsel, and shall be released after
completion of the project, provided that provisions, satisfactory to the NACC, have
been made for performance of any conditions which are of continuing nature. The
applicant may propose a monetary release schedule keyed to completion of specific
portions of the project for the NACC's review and approval. This condition is issued
under the authority of the local ByLaw.
242-1577,72 Great Pond Road(Lot B) 5 NACC 1/10/2013
DEP FILE#242-1577
51. The applicant and/or the legal owner of that portion of land upon which these Orders
of Conditions have been placed shall provide to the NACC prior to transferring, or
assigning any portion of said land to another party,subject to said Orders of
Conditions, the "Compliance Certification Form Affidavit" attached via "Appendix
A" signed under the pains and penalties of perjury,stating that said applicant and/or
owner has read these Orders of Conditions and is in compliance with each and every
condition. This document shall apply to each of the conditions referenced herein and
shall be provided to the Conservation Department at least five (5) business days prior
to the closing of said land transaction.
52. Once these above mentioned pre-construction requirements are complete, the
applicant shall contact the Conservation Office prior to site preparation or
construction and shall arrange an on-site conference with an NACC representative, the
contractor, the engineer 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
proposed and shall supersede any conflicting contract requirements. The applicant
shall assure that all contractors, subcontractors and other personnel performing the
permitted work are fully aware of the permit's terms and conditions. Thereafter, the
contractor will be held jointly liable for any violation of this Order of Conditions
resulting from failure to comply with its conditions. The applicant or contractor shall
notify the NACC in writing of the identity of the on-site construction supervisor hired
to coordinate construction and to ensure compliance with this Order. A reasonable
period of time shall be provided as notice of the pre-construction meeting(e.g. 72
hours).
STORMWATER MANAGEMENT CONDITIONS
53. 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
54. The applicants, owners, and their successors and assignees, shall maintain the
subsurface infiltrators and outlet pipes, and other elements of the drainage system in
order to avoid blockages and siltation which might cause failure of the system and/or
detrimental impacts to on-site or off-site resource areas, and shall maintain the
integrity of vegetative cover on the site
DURING CONSTRUCTION
55. IMPORTANT: Immediately upon completion of the dwelling foundation, and prior to
further construction activities associated with the site, the applicant shall complete a
242-1577,72 Great Pond Road(Lot B) 7 NACC 1/10/2013
DEP FILE#242-1577
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
means. The applicant shall maintain dumpsters (or other suitable means) at the site
for the storage and removal of such spent construction materials off-site. However,no
trash dumpsters will be allowed within 50' of areas subject to protection under the Act
or local ByLaw.
64. Accepted engineering and construction standards and procedures shall be followed in
the completion of the project.
65. During and after work on this project, there shall be no discharge or spillage of fuel, or
other pollutants into any wetland resource area. If there is a spill or discharge of any
pollutant during any phase of construction the NACC shall be notified by the
applicant within one (1) business day. No construction vehicles are to be stored within
100 feet of wetland resource areas, and no vehicle refueling, equipment lubrication, or
maintenance is to be done within 100 feet of a resource area.
AFTER CONSTRUCTION
66. 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.
67. Fertilizers utilized for landscaping and lawn care shall be slow release, low-nitrogen
types (<5%), and shall not be used within 25 feet of a resource area. Pesticides and
herbicides shall not be used within 100 feet of a wetland resource area. This condition
shall survive this Order of Conditions and shall run with the title of the property. This
condition is issued under the authority of the Town's Wetland Protection ByLaw and
shall remain in perpetuity. '.
68. There shall be no dumping of leaves, grass clippings, brush, or other debris into a
wetland resource area or within the no-disturbance zone. This condition shall remain
in perpetuity.
69. 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.
70. 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.
242-1577,72 Great Pond Road(Lot B) 9 NACC 1/10/2013 "
DEP FILE#242-1577
existing wetland resource areas will require a separate filing with the NACC
(See Section 3.4 of the Regulations for performance standards within these
zones). The Conservation Administrator and/or other agents of the NACC
do not have the authority to waive these setbacks as established under the
local ByLaw;
➢ Resource Area Markers (Condition#50)
➢ Discharge or spillage of pollutants (Condition#65);
➢ Prohibition of underground fuels (Condition #66);
➢ Limitations on the use of fertilizers,herbicides,and pesticides (Conditions
#67);
➢ Prohibition of dumping of leaves, grass clippings, brush, or other debris s`
(Condition#68);
242-1577,72 Great Pond Road(Lot B) 11 NACC 1/10/2013
1
i
t
Town of North Andover
i.
ZONING BOARD OF APPEALS F,ECENED
Albert P.Manzi III,Esq.Chairman °RrH z " L ? ' r , {"
Ellen P.McIntyre,Vice-Chairman °f N io '`+�~b Z�IZ MAR l 6 17 1 123
Richard J.Byers,Esq.Clerk .�_ °` ' -`'...lib
i'
Richard M.Vaillancourt t '-4 p
D.Paul Koch Jr. i n {, r l
Associate Members * o * � ,, t , ..,
Michael P.Liporto 44.°44T..-0"...4-4., NORTH A�+.s�
Tyler Speck s�e►+use MASS ACHU ; I 1 ..
Town Clerk'lime Stamp k
T
f
Any appeal shall be filed within(20) Notice of Decision
days after the date of filing of this Year 2012
notice in the office of the Town Clerk,
per Mass.Gen.L.ch.40A, §17 Property at: 0 Great Pond Road North Andover,MA 01845 t
NAME: David and Corliss Paolino HEARING(S): 13 March 2012
ADDRESS: 0 Great Pond Road(Map 103 Parcel 128), PETITION: 2012-001
North Andover,MA 01845 i
i
The North Andover Board of Appeals held a public hearing at Town Hall, at 120 Main Street,North Andover, MA
on Tuesday,March 13, 2012 at 7:30 PM on the application of David and Corliss Paolino for property located at
0 Great Pond Road (Map103 Parcel 128), North Andover, MA 01845. Petitioner is requesting a Variance
Under Section 4.136, (Building and Uses Permitted) 3(c)(ii) (3) of the Watershed Protection District Bylaw, t'
Construction of a new Permanent Structure within the"Non-Disturbance Zone" is allowed by Special Permit by the f
Planning Board only after a Variance has been granted by the Zoning Board of Appeals. I
7
Applicant is requesting to construct a new single family home in the R-1 Zoning District.
Legal notices were sent to all the certified abutters provided by the Town of North Andover,Assessors Office,and $
were published in the Eagle-Tribune,a newspaper of general circulation in the Town of North Andover,on February
28 and March 6,2012. I
1
The following regular voting members were present: Albert P.Manzi III,Ellen P. McIntyre,Richard J.Byers,and
Richard M.Vaillancourt,and D.Paul Koch Jr.
Upon a motion by Vaillancourt to GRANT the Variance to allow Under Section 4.136, (Building and Uses
Permitted) 3(c) (ii) (3) of the Watershed Protection District Bylaw, to Construct a new Permanent Structure within
the"Non-Disturbance Zone"this is allowed by Special Permit by the Planning Board only after a Variance has been
granted by the Zoning Board of Appeals.
With the following conditions: That any and all Stormwater correspondences from the Planning Board's Peer
Reviewer shall be filed with the Board of Appeals and also with the Inspector of Buildings.
Byers second the motion with these Conditions.
All those in favor to Grant the Variance with these Conditions: Albert P.Manzi III,Ellen P.McIntyre,Richard J.
Byers,and Richard M.Vaillancourt,and D.Paul Koch Jr.
All in Favor
5-0
i
The Board finds that owing to circumstances relating to soil conditions, shape, or topography of the land or
structures and especially affecting such land or structures but not affecting generally the zoning district in general,a l
literal enforcement of the provisions of the Bylaw will involve substantial hardship, financial or otherwise, to the
petitioner or applicant. The Board finds that desirable relief may be granted without substantial detriment to the t;.
public good and without nullifying or substantially derogating from the intent of the purpose of this bylaw i
The Board also finds that this use, as developed by the building& site plans, is an appropriate location for such a f.
use and will not adversely affect the neighborhood.
There will be no nuisance or serious hazard to vehicles or pedestrians, since there are provisions for the required off-
street parking. Adequate and appropriate facilities will be provided to the proposed single family dwelling. The i
Board finds that the new single family home will not be substantially more detrimental to the neighborhood and that
this use,is in harmony with the neighborhood and general purpose and intent of this Bylaw.
Page 1 of 2
�-!l r
I
r
i
p,Yp
4
Site: 0 Great Pond Road(Map 103 Parcel 128), North Andover,MA 01845
Under Section 4.136, (Building and Uses Permitted) 3(c)(ii) (3) of the f,
Watershed Protection District Bylaw, The Construction of a new Permanent
Structure within the "Non-Disturbance Zone" is allowed by Special Permit by
the Planning Board only after a Variance has been granted by the Zoning Board
of Appeals.R-1 District.
Plan(s)Title: 1)"Plan of Land"containing one(1)sheet. Prepared by Sullivan Engineering
Group,LLC.,Dated January 24,2012
2)"Proposed House Plans of Front Elevation",containing one(1)sheet,
"Proposed House Plans of Right Elevation,Rear Elevation and Left Elevation'
containing one(1)sheet.
"Proposed House Plans of Foundation",containing one(1)sheet,
"Proposed House Plans,of Finished Lower Level",containing one(1)sheet,
"Proposed House Plans,of Main Floor Plans",containing one(1)sheet,
fi
"Proposed House Plans,of Second Floor Plans",containing one(1)sheet,
"Proposed House Plans,of Section A Thru Study/Family Room,Stair Section
and Roof Plan",containing one(1)sheet,
All Proposed House Plans Prepared by Royal Oaks Design, 1000 County Rd.E
West Suite 120 Shoreview MN 55126 Dated November 12 2009.
Voting in favor: Albert P.Manzi III,Ellen P.McIntyre,Richard J.Byers,Richard M.
Vaillancourt,and D. Paul Koch Jr.
is
Voting in the Negative: 0
The Board finds that the applicant has satisfied the provisions Under Section 4.136 to construct a new single family
home for 0 Great Pond Road(Map 103 Parcel 128),North Andover,MA 01845 in the R-1 District.
}i•
Notes:
1. This decision shall not be in effect until a copy of this decision is recorded at the Essex County Registry of
Deeds,Northern District at the applicant's expense.
2. The granting of the Variance as requested by the applicant does not necessarily ensure the granting of a
building permit as the applicant must abide by all applicable local, state,and federal building codes and
regulations,prior to the issuance of a building permit as required by the Inspector of Buildings.
3. If the rights authorized by the Variance are not exercised within two(2)years of the date of the grant, it shall
lapse,and may be re-established only after notice,and a new hearing. 3'
0.
Nor Andover Zoni g PP Board 6f Appeals
A ert P.Manzi III, Esq., Chairman
Ellen P. McIntyre, Vice-Chairman
Richard J. Byers, Esq., Clerk
Richard M. Vaillancourt
D. Paul Koch Jr.
Michael P. Liporto
Decision 2012-001
Page 2 of 2
Department of Environmental Protection
Providedby MmDEP:
Bureau of Resource Protection - Wetlands
MossDEP File #:242-1600
L1Massachusetts
WPA Form 5 - Order of Conditions
eDEP Transaction #:598702
Massachusetts Wetlands Protection Act M.G.L. a 131, §40
City/rown:NORTHANDOVER
A. General Information
d. Page
1. Conservation Commission NORTH ANDOVER
336
2. Issuance a 0 DOC b. o Amended OOC
3. Applicant Details
a Date NO[ Filed: 8/192013 b. Date Public Hearing Closed: 9/25/2013
a Fust Name STEPHEN b. Last Name
DEHULLU
c. Orgarmoon DEHULLU HOMES
a. Plan Title: b. Plan Prepared by: c. Plan Signed/Stamped by:
d.MailingAddress 36 BENJAMIN STREET
VARIANCE &.
C. Cdy/fown GROVELAND C State MA
g. Zip Code 01834
4. Property Owner
WILLIAM G. HOLT,
SPECIAL PERMIT PLS, RS, SE WILLIAM G. HOLT, PLS
a FhstName KENNETH &. SOPIE b. Last Name
HAPHEY
c. Organirenon
SHEETS I-3
d. Mailing Address 1159 OSGOOD STREET
e. City/ILwn NORTH ANDOVER Estate MA
g. Zip Code 01845
5. Project Location
a.Slreet Address LOT I GREAT POND ROAD
b.Cdy/r. NORTH ANDOVER
c. Zip Code 01845
d. Assessors Map/Plat# 35
e, Panceptyt 4
I Latitude 42.71505N
g. Longitude 71.10795W
6. Property recorded at the Registry of Deed for:
a. County b. Certificate c. Book
d. Page
NORTHERNESSEX 1853
336
7.Dates
a Date NO[ Filed: 8/192013 b. Date Public Hearing Closed: 9/25/2013
c. Date Oflssuance: 926/2013
8.17ma1 Approved Plans and Other Documents
a. Plan Title: b. Plan Prepared by: c. Plan Signed/Stamped by:
d. Revised Final Date: e. Scale:
VARIANCE &.
WATERSHED
WILLIAM G. HOLT,
SPECIAL PERMIT PLS, RS, SE WILLIAM G. HOLT, PLS
September I8, 2013 I"=30'
SITE PLAN -
SHEETS I-3
Page 1 of 10 a ELECTRONIC COPY
Massachusetts Department of Environmental Protection Provided by MassDEP
LABureau of Resource Protection - Wetlands MassDEP File X212-1600
WPA Form 5 - Order of Conditions eDEP Transaction 4:598702
Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 City/Ibwn:NORTH ANDOVER
LANDSCAPEPLAN WI.LIAMG. HOLT, WILLIAM GARRY HOLT, 82713 1"--20'PLS, RS, SE PLS
B. Findings
l.Findings pursuant to the Massachusetts Wetlands Protection Act
Following the review ofthe the above -referenced Notice ofhaent and based on the information provided in Ods application and
presented athe public hearing this Commission finds to the areas in which work is proposed is significant W the following interests of
the Wetlands protection Act
Check all that apply:
a. o Public Water Supply
d.0 Private Water Supply
g o Ground Water Supply
6.0 Laid Containing Shellfish c.c PrevutionofPo0umm
e. o Fisheries f o ProrectionofWildlife Habitat
h. o Shan Damage prevention i. o Flood Control
2. Commission hereby finds the project, as proposed, is:
Approved subject to:
at The following continents which are necessary in accordance with the performance standards set bomb in the wedands regulations.
This Commission orders rho all work shall be performed in accordance with the Notice of hrtentrefeanced above, the following
General Conditions, and my other special conditions attached W this Order. To the event that the following conditions modify or
differ from the plus, specifications, or other proposals submi0ed with the Notice oflMent these conditions sha0 control.
Denied because:
b.0 The proposed work cannot be conditioned in meet the performance standards ad forth in the wedand regulations. Therefore,
work an this projectmay, not go forward unless and mil a new Notice ofrntmt is submitted which provides measures which are
adequate W protect interests ofthe Ac4 and a final Order of Conditions is issued. A description ofthe performance standards
which the proposed work cannot meet is attached to this Order.
c.0 The information submitted by the applicant is not sufficient to describe the site the work or the effect ofthe 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
brant is submitted which provides sufficient information and includes measures which are adequate W protect We interest; ofthe
Act, and a final Order ofCondifiom is issued. A description of the specific information which is lacking and why it is
necessary is attached to this Order as per 310 CMR 10.05(6)(c).
3.0 Buffer Zone Impacts:Shortest distance between limit of project disturbance and the wedand ns on,, 27
area specified in 310CMR10.02(1)(a). a Ittrear ted
Inland Resource Area Impacd:(For Approvals Only):
Resource Area Proposed Permitted Proposed Permitted
Alteration Alteration Replacement Replacement
4. it Bank
5. o Bordering Vegetated Wetland
allnem fed b.Iinrar fart alhamfed d. 0mm fed
a square feet b. square tet c. square feet d. square feet
Page 2 of 10 * ELECTRONIC COPY
Massachusetts Department ofEnvironmentei Protection Provided by MassDEP:
Bureau of Resource Protection - Wetlands MmsDEP File #:242-1600
WPA Form 5 - Order of Conditions eDEP Transaction #:598702
0
Massachusetts Wetlands Protection Act M.G.L. a 131, §40 City/town:NORTH ANDOVER
6. o Land under Waterbodia and Wmenmys
a square feet b. square feet c. square fat d. square feet
e.clydredged fo'y dredged
7.0 Bordering Land Subject to Flooding
a square feet b. square feet c. square feet d square feet
Cubic Feet Flood Storage
e. cubic fret f cubic feet g. cubic feet h cubic fat
8.❑ Isolated Land Subject to Flooding
a square fen b. square tee[
Cubic Feet Flood Storage
e. ¢obit fat d orbic feel e. cubic feet E cubic fat
9.❑ Rivcrkmt Area
a tial sq. feet b. total sq. feet
Sq awithm 100 it
c. square fen d. square feet e. square feet I. square fat
Sq Is between 100-200 ft
g square tat h. square feel i. square Celt j. square feet
Coastal Resource Area Impacts:
Resource Area
Proposed Permitted Proposed Permitted
Alteration Alteration Replacement Replacement
10.0 Designed Port Areas
Indicate sine under Land Under The Ocem, below
11.0 Land Under the Ocean
a square fat b. square feet
a Gy dredged d. cly dredged
12.n Feaster Beaches
Indicate aim under Coastal Beaches and/or Coastal Dunes below
13.0 Coastal Beaches
a square fret b. square feet a Ny nouristunent d ay nourishmem
14.o Coastal Dunes
a stp— feet b.-K--fed a c/ynomishnKot d dyrmmislunent
15. ❑ Coastal Banks
a Iinearfm b.linearfeet
16. c Rocky Intertidal Shores
asquarefmt b. square fat
17. Salt Marshes
a squme feet b. square feet c. square feet d. square fat
18.0 LaodUuder SaltPords
Page 3 of 10' ELECTRONIC COPY
LOMassachusetts Department of Environmental Protection Provided by MassDEP:
Bureau of Resource Protection - Wetlands Ma 0EP File #242-1600
WPA Form 5 - Order of Conditions eDEP Tmasactlm #:599702
Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 Cily/I'own:NORTH ANDOVER
19.o Land Conminmg Shellfish
a square feat b. sgnere fed
C . c/Y dredged d. dy dredged
a. square feet b. square feet c. square feet d. square fact
Indicate si- under Consist Banks, Wand Bank Land Under the
20.0 FishRmn Ocean, andtor intend land Under Wamrbodies and Waterways,
above
C. c/y dredged d. c/y dredged
21.D Land Subject m Coastal Storm Flowage
a square fact b. square feet
22.
❑ Restoration/Enhancement (For Approvals Only)
Ifdeprojectisfarthepurposeofrestoringorenhancingawcdmdrem areamadditionmthesquarefootagethathasbacn
entered in Section B.S.c & d or B. 17.c & it above, please entered the additional amount here.
a square feet ofBV W b. square feet of Salt Marsh
23.
o Streams Crossing(s)
If the project involves Stream Crossings, please enter the number of new stream erossings/number of replacement sman crossings.
a number of new stream crossings b. number of replacement stream crossings
C. General Conditions Under Massachusetts Wetlands Protection Act
The following conditions are only applicable m Approved projects
1. Failure to comply with all conditions stated harem, and with all related statutes and other regulatory measures, shell be deemed
cause to revoke or modify this Order.
2. The Order does not grant my property rights or my exclusive privileges: it does not authorize my injury to private property or
imasim ofprivam rights
3. This Order does not relieve the permittee or my otherpeson of the necessity of complying with all other applicable federal,
stain, or local sinuses, ordirwtces, bylaws, or regulations.
4. The work aumorized hereunder shall be completed witlim thee years fi en the data of Us Order unless either ofthe following
ply:
a the work is a maintenance dredging project as provided for in the Act; or
b. the time for completion has beta extended to a specified data more than three years, but less than five
years, from the date of iammea. If this Order is intended to be valid for more then three years, the
«tension data and die special cucumsmnoes watrmting die extended time period are set forth as a
special condition in this Order.
5. This Order may be axtanded by die issuing mtborityfor one or more periods of up m three years each upon application m the
issuing authority at least 30 days priors the expiration data of the Order.
6. If this Order constitutes an Amended Order ofConditims, this Amended Order of Conditions does not exceed the issuance
data of the original Final Order of Conditions.
7. Any B used in comectim with this project shall be clean fill. Any fill shell contain no trash, refuse, mbbish, or debris, Including
Page 4 of 10 * ELECTRONIC COPY
LJMassachusetts Department of Environmental Protection Provided by MaSSDEP:
Bureau of Resource Protection - Wetlands MaODEP He #:242-1600
WPA Form 5 - Order of Conditions cDEP Transaction #7598702
Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 City/rown:NORTH ANDOVER
but tee[ limited to lumber, bricks, plaster, wire, lath, paper, cardboard, pipe, tires, ashes, ac figeramrs, motor vehicles, or parts of
Say ofthe foregoing.
8. This Order is net final and all administrative appeal periods from this Order have elapsed, or if such an appeal has been taken,
until all proceedings before the Department have been completed
9. No work shall be undertaken until the Order has become final and then has been recorded in the Registry of Deeds or the Land
Corot for the district in which the land is located, willvnthe drain of title of the affected property. In the case of recorded land,
the Final Ord" shall also be noted nt the Registry's Grader Index under the name of the owner of the land upon which the
proposed work is m be done. In the case of the registered lend, the Final Order shall also be noted on the Land Corot
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 althe end of this Order, which form mus[ be stamped by the Registry of Deeds,
prior to the cemmmcemmt of work..
10. A sign shall be displayed at the site nm less then two square fetor more than Oree square feet in Sim bearing the words,
"Massachusegs Department of Environmental Protection"
[or'MMDEP"]
File Number:"242-1600"
ll. Where the Department of Environmental Protection is requested to issue a8
shall be a party m a0 agency proceedings and h npersedingOrde,tbe Conservation Commission
Barings before Mass DEP.
12. Upon completion of the work described hereh fee applicant shall submit a Request for CertScac of Compliance (WPA Form
8A) m the Conservation Commission.
13. The work shall conform in the plans and special conditions referenced in this order.
14. Any clanger the plans identified in Condition#13 above shall require the applicant to inquire of the Conservation Commission
m wriftwheOmer be Barge is significant enough to require the filing of anew Notice oflntan.
15. The Agent or members of the Cmnezvatim Commission and the Department ofEnvironmental Protection shall have the right to
enter and inspect the area subjectto this Order a reasonable hours to evaluate compliance with the conditions stated in this
Order, and may require the submittal of my 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 central of the property subject to this Order and
to any comhuctor or mthe person performing work conditioned by this Order,
17. Prior in the span ofwork, 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 tradcers shall be maintained until a Certificate of Compliance has been issued by the Conservation Commission.
18. All sedimentation barriers sba0 be maintained in good repay until all disturbed areas have been fully stabilized with vegemfion or
other means. Attar time shall sediments be deposited in a wetland or water body. During emarraction, the applicant or his/her
designee shall inspect the erosion controls on adaily basis and shall remove accumulated sediments as needed. The applicant
shall immediately control my erosion problems that occur a the site and shall also immediately notify the Conservation
Commission, which reserves the right in require additional erosion and/or damage prevention controls it may dam necessary.
Sedimentation barriers shall serve as the limit of work unless mother limit of work line has been approved by this Order.
NOTICE OF STORMWATER CONTROL AND MAINTENANCE REQUMEMENV3
19. The work associated with this Order(the "Project") is (1) o isnot(2)0 subjectto the Massochusens Smrmwater Standards.
If ane work is subjectm Swcaft rStandards, then the project E subject to the following conditions;
a) All welt, including site preparation, land dismrbmce, construction and redevelopment shall be implemented in accordance
with the construction period pollution prevention and erosion and sedimentation control plan and, if applicable, the
Stommwater Pollution Prevention Plan required by the Nations] Pollutant Discharge Omission System Construction General
Penne as required by Stomwater Standard 8. Construction period erosion, sedimentation and pollution control measures and
best management practices (BMPs) shall remain in place ontil the site is fully stabilized.
b) No stormwater omoffmaybe discharged to the post-consnuctim stonnwater BMPs unless and until a Registered
Page 5 of 10 " ELECTRONIC COPY
U1Massachusetts Department of Environmental Protection Provided by MassDEP:
Bureau of Resource Protection - Wetlands MassDEP File #:242-1600
WPA Form 5 - Order of Conditions eDEP Transaction #:598702
Massachusetts Wetlands Protection AS M.G.L. c. 131,§40 City/rown:NORTH ANDOVER
Professional Engineer provides a Certification that: i. all construction period BMPS have been removed in- will be removed by
a data certain specified in the Certification. For any construction period BMPs intended to be converted to post construction
operation for stormwater attenuation, recharge, and/or trestment, the conversion is allowed by the MassDEP Stemware,
Handbook BMP specifications and that the HMP has been properly chinned or prepared far post construction operation,
includingremoval trial concoction period sediment trapped in He and outlet control structures; u- as-buihfinal construction
BMP plans sure included, signed and skimped by a Registered Professional Engineer, certifying the she is folly stabilized; iii
my illicit discharges to the smmrwatermanagement system have been rammed, as per the requirement of3tormwahr
Standard 10; ivall post -construction stormwater BMPs are installed in accordance with the plans (including all planting
plans) approved by the issuing authority, and have been imposed to ensure that they an, not damaged and that they are in
properweking condition; v. any vegetation associated with post-consmation BMPs is suitably established to withstand
erosion.
of The landowner is responsible for BMP maimenanee until the issuing authority is notified that another parry has legally assumed
responsibility for BMP maintenance. Prior to requesting a CetiFcate ofComphance, or Partial Certificate ofCumpliamse, 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 Staemeuf') for the SmrmwaerBMPs identifying the party responsible for
implementing the sNnnwaa BMP Operation and Maintenance Plan ("O&M Plan") and certifying the following. if the O&M
Plan is complete and will be implemented upon receipt ofthe Certificate of Compliance, and ii.) the from responsible parties
shall be notified in writing oftheh ongoing legal responsibility to operate and maintain the summoner management Bmps and
implement the Sturommer Pollution Prevention Plan.
d) Post -construction pollution prevention and source control shall be implemented in accordance with the long -tam pollution
prevention plan section ofthe approved Stemwater Report and, ifapplicable, the Stonnwaer Pollution Prevention Plan
required by the National Pollutant Discharge Elimination System Multi -Senor General Permit
e) Unless and wail another party accepts responsibility, the landowner, or owner ofary drainage easement, assurns
responsibility formaintaining each BMP. To overcome tWspresumprion, the landowner ofthe property now submit to the
issuing authority a legally binding agreement of record, acceptable m the issuing majority, evidencing that another entity bas
accepted responsibility for maintaining the BMP, and that the proposed responsible party shall be#=led as a pemtiuee for
purposes ofimplemwting the requirements of Conditions 19(f) through 19(k) with respect to that BMP. Any failure ofthe
Proposed responsible perry to implement the requirements of Conditions 19(f) through 19(k) with respect to that BMP shall
be a violation marc Order of Conditions or Certificate of Compliance. N the case of stormwrowBMPs that are serving more
then one lo, the legally binding agreement shall aro identify, the Ins that will be serviced by the stemwaer BMPs. A plan and
easement deed thatgmno the responsible party access to perform the required operation and maintenance most be submitted
along with the legally binding agreement.
Q The responsible party shall operate and maintain all stmmwaer BMPs in accordance with the design plays, the O&M Plan,
and the requirements of the Massachusetts Stormwaer Handbook
g) The responsible party shall:
1. Maintain an operation and maintenance log for the last tlree (3) consecutive calendar years of inspections, repairs,
maintenance and/or replacement ofthe Stonmwaer management system or any pan thereof, and disposal (for disposal the
log shall indicate the type ofmataial and the disposal location);
2. Make the maintenance log available to MassDEP and the Conservaion Commission ("Commission") upon request and
3. Allow members and agents ofthe MassDEP and the Commission to arter and inspect the site to evaluate and ensure
and the responsible party is in compliance with the requirements for each BMP established in the O&M Plan approved by
the issuing authority.
h) Ali sediment or other contaninams removed from stonnwater BMPs shat be disposed of in accordance with all applicable
federal, state, and local laws and regulations.
p fiicit discharges to the stortmwater management system as defined in 310 CMR 10.04 ere prohibited.
D The Shmfir management system approved in the Order of Conditions shall not be changed without the prior women
approval ofthe issuing authority.
k) Areas designated as qualifying pervious areas for the purpose of the Low kineses Site Design Credit his defined in the
Page 6 of 10 • ELECTRONIC COPY
0Massachusetts Department of Environmental Protection Provided by MassDEP:
\' \�tj1\.. Bureau of Resource Protection - Wedands MassDEP File p:142-1600
ATA Form 5 - Order of Conditions eDEP Tancactimt #.598702
Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 Citylrown:NORTH ANDOVER
MassDEP Stonnwater Handbook, Volume 3, Chapter 1, Low Impact Development Site Design Credits) shall not be altered
without the prim wrioen approval of the issuing authority.
Access for maintenance, repair, and/or replacement of BMPs sha0 not be withheld. Any fencing corearnea d around
stormwater BMPs shall include access gates and shall be at least six inches above grade to allow fmwildlife passage.
Special Conditions:
SEE ATTACHED.
Page 7 of 10 " ELECTRONIC COPY
LJMassachusetts Department of Environmental Protection Provided by MassDEP:
Bureau of Resource Pmtection - Wetlands MassDEP File #:2421600
WPA Form 5 - Order of Conditions eDEP Transaction #:598702
Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 CAY/fown:NORTHANDOVER
A Findings Under Municipal Wetlands Bylaw or Ordinance
I. Is a municipal wetlands bylaw or ordinance applicable? o Yes o No
2. The Conseavation Commis. ion h=bV(ahggk one that plies),
a o 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 act go forward unless and until a revised Notice ofmtent a submitted which provides
measures which are adequate to meet these standards, and a from Order or Conditions h issued. Which are necessary to
comply with a municipal ordinance or bylaw:
o APPROVES the proposed work, subject m the following
additional conditions
NORTHANDOVER
I. Municipal Ordinance orB law WETLANDS
Y PROTECTION 2. Citation CHAPTER 178
BYLAW
3. The Commission orders tharall work shall be Performed in accordance with the following conddm,a and with ore Notice of
Intent referenced above. To the cetentthat the following conditions modify or differ from the plana specifications, orother
proposals submitted with the Notice ofhaent the conditions shall control.
The special conditions relating to municipal ordinance or bylaw are as follows:
SEE ATTACHED.
Page 8 of 10' ELECTRONIC COPY
Department of Environmental Protection
Provided by MassDEP:
Bureau of Resource Protection - Wetlands
MassDEP File #.242-1600
LOMassachusetts
WPA Form 5 - Order of Conditions
eDEP Transaction #:598702
Massachusetts Wetlands Protection Act M.G.L. c. 131, §40
CSty/fovoublORTHANDOVER
E. Signatures
This Order is valid for three years from the date of issuance, miles, otherwise specified
Gj C
Panama to General Condifion#4.Ifthis is an Amended Order of Conditions, the Amended
I. Date of 1nl Order
Order expires an the same dare as the original Order ofCon titlom.
Please indicate the number of members who will sign this from. Tins Order must be signed by
a majority of the Conservation Commission-
ommission
2. Numberof Signers
The
The Order mus[ he mailed by certified mail (room, receipt requested) or hand delivered on the applicam. A copy also must be mailed
or hand delivered at the same time t the appropriate Department of Environmental Protection Regional Office, ifnotfiling
electronically, and the property owner, if different from appficara.
Signatures:
❑ by hand delivery on
m
F. Appeals
Vby certified mail, return receipt requested, on
91aCA
Due /
The appGranl. the owner, any person aggrieved by this Order, any owner of land abutting the land subjects this Order, or my ten
residents ofthe city down in which such lend is located, are hereby notified ofteir right to request the appropriate MamDEP
Regional Office an issue a Superseding Order of Conditions. The request most be made by certified mad or hand delivery to the
Department with the appropriate filing fee and a completed Request for Departmental Action Fee Transmittal Form, as provided t
310 CMR 10.03(7) within ten business days from the dote of issuance of this Order. A copy of the request shall at the same time be
seat by certified mail or hand delivery to to Conservation Commission and an the applican4 ifhc/she is ran the appeliara
Any appellants seeking to appeal the Department's Superseding Order associated with this appeal will be required to demonstrate prior
participation in the review ofdtisproject. Previous participation in the permit proceeding means the submission ofwrinen information to
the Conservation Commission prior to the close ofthe public heating requesting a Superseding Order, or providing written information
to the Department priors issuance ofa Superseding Order.
The request shall sate clearly and concisely the objections an the Order which is being appealed and how the Order does not
wotribdse to dW protection of the ordeals identified on the Massachusetts Wetlands Protection Ad(M.G.L. a 131, § 40), and is
inconsistent with to wetlands regulations (3 10 CMR 10.00). To the extent that the Order is based on a municipal ordinance or bylaw,
and not ante Massachusetts Wetlands Protection Act or regulations, the Department has no appellate jurisdiction
Page 9 of 10 r ELECTRONIC COPY
Massachusetts Department of Environmental Protection Provided by MwDEP:
Bureau of Resource Protection - Wetlands MessDEP File #:242-1600
WPA Form 5 - Order of Conditions eDEP Trunsachcn #:598702
Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 City/Ibwn:NORTH ANDOVER
G. Recording Information
This Order ofCondifions must be recorded in the Registry ofDceds or the Land Count for the district in which the land is located,
within the chain oftitle of the affected property. N the case of recorded had the Final Order shall also he noted in the R*strys
Grunter Indec under the name ofthe ownerofthe land subject at the Order. N the case oftegistered land, this Order shall also be
noted an the Land Court Certificnte ofThle ofthe owner ofthe land subject to the Order of Conditions. The recording infrnmation on
this page shall be submitted to the Corux rvanon Commission listed below.
NORTH ANDOVER
Conservation Commission
Detach on dotted line, have stamped by the Registry ofDeeds and submitio the Conservation Commission.
..................................................................................................................................................................
To:
NORTHANDOVER
Conservation Commission
Please be advised that the Order ofConditions for the Project at
LOT l GREAT POND ROAD 242-1600
Project Loon MassDEP File Number
Has been recorded 9die Registry ofDeeds of..
for.
CnnntY Book Page
Property Owner KENNETH & SOPIE HAPHEY
and has been noted to the chain ofbde ofthe affected property in:
Page
N accordance with the Order ofCondit o n issued on:
Ifrecorded land,the iminmieatnumber idenalyiogthis transaction is:
Instrument Number
Ifregistaed land, the docmnent number idenulyingthis transaction is:
DocmnentNumber
SipanueofApplicaut ae.. mrzmo
Page 10 of 10 * ELECTRONIC COPY
DEP FILE H 242 -1600
Findings:
• On October 1, 2013 it is anticipated that the North Andover Planning Board will issue
a Watershed Special Permit for the project proposed herein.
The North Andover Conservation Commission (hereafter the "NACC") hereby finds that the
following conditions are necessary, in accordance with the Performance Standards set forth
in the State Regulations, the local ByLaw and Regulations, to protect those interests noted
above. The NACC orders that all work shall be performed in accordance with said
conditions and with the Notice of Intent referenced below. To the extent that the followinv
GENERAL CONDITIONS
20. The proposed work includes: construction of a single family home, attached garage,
driveway, stormwater management structures, appurtenant utilities, site work,
landscaping and grading. Portions of the work are within 100 feet of an Isolated
Vegetated Wetland (IVW), Bordering Vegetated Wetland (BVW), Inland Bank, and
within the towns Watershed Protection District.
21. The work shall conform to the following (except as noted in the remainder of this
document where revisions may be required):
Applicant: Stephen Dehullu
Dehullu Homes
36 Benjamin Street
Groveland, Massachusetts 01834
Property Owner: Kenneth & Sophie Haphey
1159 Osgood Street
North Andover, MA 01845
Notice of Intent filed by: William Holt
WGH Design
83 West Main Street
Merrimac, MA 01860
Date filed: August 2, 2013
Site Plans prepared by: William G. Holt PLS, RS, SE
Titled: Variance & Watershed Special Permit Site
Plan
Date: 8-12-12
Revised: 18 -Sep -13
Sheets 1- 3
242-1600, Great Pond (Lot 1) -Dehullu OOC Si inial Conditions
9/262013 1 NACC
DEP FILE # 242 -1600
Stormwater Review
(for Watershed Special Permit):
Wetland Delineation
Conducted by:
Stamped by: William G. Holt, P. L.S.
Landscape Plan - Date 5-27-13 & Last Revised 9-12-
13
Stamped by: William Garry Holt, P.L.S.
Eggleston Environmental
Lisa D. Eggleston, P.E.
Review Letter Dated: July 22, 2013
& September 11, 2013
Response letter from William G. Holt
to North Andover Planning Board
Dated: August 29, 2013
Response email dated: September 20, 2013
Seekamp Environmental Consultants
March 2013
22. The term "Applicant' as used in this Order of Conditions shall refer to the owner, any
successor in interest or successor in control of the property referenced in the Notice of
Intent, supporting documents and this Order of Conditions. The NACC shall be
notified in writing within 30 days of all transfers of title of any portion of property that
takes place prior to the issuance of a Certificate of Compliance.
23. The conditions of this decision shall apply to, and be binding upon, the applicant,
owner, its employees and all successors and assigns in interest or control. These
obligations shall be expressed in covenants in all deeds to succeeding owners of
portions of the property.
24. Failure to comply with all conditions stated herein, and with all related statutes and
other regulatory measures, shall be deemed cause to revoke or modify this Order.
25. This Order does not grant any property rights or any exclusive privileges; it does not
authorize any injury to private property or invasion of property rights. However, the
NACC, agent of the NACC or the Department of Environmental Protection (DEP)
reserves the right to enter and inspect the property at all reasonable times until a
Certificate of Compliance is issued, to evaluate compliance with this Order of
Conditions, the Act (310 CMR 10.00), the North Andover Wetland ByLaw and
Regulations, and may require any information, measurements, photographs,
observations, and/or materials, or may require the submittal of any data or
information deemed necessary by the NACC for that evaluation. Further, work shall
242-1600, Great Pond (Lot 1) -Dehullu OOC Special Conditions 2 NACC
9/262013
DEP FILE k 242 -1600
be halted on the site if the NACC, agent or DEP determines that any of the work is not
in compliance with this Order of Conditions. Work shall not resume until the NACC
is satisfied that the work will comply and has so notified the applicant in writing.
26. This Order does not relieve the permittee or any other person of the necessity of
complying with all other applicable federal, state or local statutes, ordinances, by-laws
or regulations.
27. The work authorized hereunder shall be completed within three years from the date of
this order.
28. This Order may be extended by the issuing authority for one but not more than two
periods of up to one year each upon application to the issuing authority at least thirty
days (30) prior to the expiration date of the Order (Refer to Section 8.3 of the North
Andover Wetland Regulations).
29. The NACC reserves the right to amend this Order of Conditions after a legally
advertised public hearing if plans or circumstances are changed or if new conditions
or information so warrant.
30. Where the Department of Environmental Protection (DEP) is requested to make a
determination and to issue a Superseding Order, the Conservation Commission shall
be a party to all agency proceedings and hearings before the Department.
31. Any future project which proposes a wetland crossing in order to access certain
portions of the property will not be qualified as a limited project roadway under 310
CMR 10.53(e).
32. The following wetland resource areas are affected by the proposed work: Buffer Zone
to Isolated Vegetated Wetland (IVW), Bordering Vegetated Wetland (BVW) and Bank
(Lake Cochichewick). These resource areas are significant to the interests of the Act
and Town ByLaw as noted above and therein. The applicant has not attempted to
overcome the presumption of significance of these resource areas to the identified
interests.
33. The NACC agrees with the applicant's delineation of the wetland resource areas on
the site as shown on the plans dated referenced herein.
34. The NACC finds that the intensive use of the upland areas and buffer zone proposed
on this site will cause further alteration of the wetland resource areas. In order to
prevent any alteration of wetland resource areas a twenty five foot (25') No -
Disturbance Zone and a fifty foot (50') No -Construction Zone shall be established from
the edge of the adjacent wetland resource area as shown on the herein referenced
plans. In addition, in cooperation with the North Andover Planning Board, the
applicant has agreed to a limit of clearing for this property as shown on the herein
242-1600, Great Pond (Lot I)-Dehullu OOC Special Conditions 3 NACC
9/262013
DEP PILE # 242 -1600
referenced site 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 6 Appendix F of the local Regulations).
35. 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.
36. 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.
A PRIOR TO CONSTRUCTION
37. No work shall be undertaken until ail 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.
38. 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 applicants expense.
39. 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 242-1600."
] 2-16110, Great Pond (Lot 1) -Dehullu 0oC special Conditions
9/26/1013 4 NACC
DEP FILE # 242 -1600
40. Any changes in the submitted plans caused by the applicant, another Board's decision
or resulting from this Order of Conditions must be submitted to the NACC for
approval prior to implementation. If the NACC finds said changes to be significant,
the NACC will call for another public hearing (at the expense of the applicant). Within
21 days of the close of said public hearing the NACC will issue an amended or new
Order of Conditions. Any errors found in the plans or information submitted by the
applicant shall be considered as changes. No work shall begin on a project until
written approval has been granted by the NACC.
41. It is the responsibility of the applicant, owner, and/or successor(s) to ensure that all
conditions of this Order of Conditions are complied with. The project engineer and
contractors are to be provided with a copy of this Order of Conditions and referenced
documents before commencement of construction.
42. Prior to any work commencing on-site, the applicant shall submit to the NACC for
approval, a detailed and dated sequence of construction, including the installation of
sedimentation/erosion control devices, land clearing, foundation installation and all
other work planned through final stabilization.
43. Prior to site disturbance, the applicant will construct a depressed stone construction
entrance as detailed on Sheet 3 of the site plan referenced herein.
44. 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.
45. Prior to construction, the applicant shall permanently mark the limit of clearing
adjacent to the Isolated Vegetated Wetland (IV W) with signs spaced every 30 feet
incorporating the following text: "Protected Wetland Resource Area" and the
associated rules (3 rounds for every 1 square). This will designate their sensitivity and
assure no further inadvertent encroachment into the wetland. These permanent
markers are subject to review and approval by the NACC. The applicant shall instruct
all agents to explain these markers to buyers/lessees/landscapers and all persons
taking over the property from the applicant. These markers shall remain posted and
be replaced as necessary in perpetuity. Markers are available from the Conservation
Department ($2 round and $3 square)
212-1600, Greet Pond (Lot 1) -Dehullu OOC Special Conditions 5 NACC
9/26/2013
DEP FILE # 242 -1600
46. A row of staked hay bales backed by trenched siltation fence shall be placed between
all construction areas and wetlands within resource areas. The erosion control barrier
will be properly installed and placed as shown on the plans approved and referenced
herein and shall be inspected and approved by the NACC or its agent prior to the start
of construction and shall remain intact until all disturbed areas have been
permanently stabilized to prevent erosion. All erosion prevention and sedimentation
protection measures found necessary during construction shall be implemented at the
direction of the NACC or its agent. The NACC reserves the right to impose additional
conditions on portions of this project to mitigate any impacts which could result from
site erosion, or any noticeable degradation of surface water quality discharging from
the site. For example, installation of erosion control measures may be required in
areas not shown on the plan(s) referenced in this Order of Conditions. Should such
installation be required by the NACC, they shall be installed within 48 hours of the
Commissions request.
47. The applicant shall have on hand at the start of any soil disturbance, removal or
stockpiling ten (10) hay bales and sufficient stakes for staking these bales (or an
equivalent amount of silt fence,1 hay bale to equal 3 feet of fence). Said bales shall be
used only for the control of emergency erosion problems and shall not be used for the
normal control of erosion.
48. A check payable to the Town of North Andover shall be provided in the amount of
$3,000 which shall be in all respects satisfactory to Town Counsel, Town Treasurer,
and the NACC, and shall be posted with the North Andover Town Treasurer through
the NACC before commencement of work. Said deposit of money shall be
conditioned on the completion of all conditions hereof, shall be signed by a party or
parties satisfactory to the NACC, and Town Counsel, and shall be released after
completion of the project, provided that provisions, satisfactory to the NACC, have
been made for performance of any conditions which are of continuing nature. The
applicant may propose a monetary release schedule keyed to completion of specific
portions of the project for the NACC's review and approval. This condition is issued
under the authority of the local ByLaw.
49. The applicant shall designate a Wetland Scientist (or other environmental professional
as approved by the NACC or its agent) as an "Erosion Control Monitor' to oversee
any emergency placement of controls and regular inspection or replacement of
sedimentation control devices. The name and phone number of the erosion control
monitor must be provided to the NACC in the event that this person has to be
contacted, due to an emergency at the site, during any 24-hour period, including
weekends. Proof of the retained monitor must be submitted to the Conservation
Department on letterhead by the retained consulting firm. This person shall be given
the authority to stop construction for erosion control purposes. The Environmental
Professional will immediately notify the Conservation agent of any matter that
requires attention by the Commission or the agent. The erosion control monitor will
zao-lbw, crreat Pond (Lot l)-DehWIu COC Special Conditions 6 NACC
9262013
DEP FILE 9 242 -1600
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.
50. At least once during each week in which construction activities occurs on-site and for
as long thereafter as ground remains unstabilized, the applicant shall submit a written
report with photos from the "Erosion Control Monitor" to the NACC certifying that,
to the best of kris/her knowledge and belief based on a careful site inspection, all work
is being performed in compliance with this Order of Conditions and that approved
setbacks are being adhered to. The erosion control monitor must visually inspect all
sedimentation/erosion control measures and assume responsibility for their
maintenance on a weekly basis and that they are functioning as intended. In addition,
all wetland resource areas must be visually inspected for siltation, turbidity, and/or
other water quality impacts. The Erosion Control Monitor shall be on site during
and/or following a major storm event of Y2" inch of rain or greater (24 hour event) to
ensure that soils remain stable, and erosion controls are adequate and secure
51. The applicant and/or the legal owner of that portion of land upon which these Orders
of Conditions have been placed shall provide to the NACC prior to transferring, or
assigning any portion of said land to another party, subject to said Orders of
Conditions, the "Compliance Certification Form Affidavit' attached via "Appendix
A" signed under the pains and penalties of perjury, stating that said applicant and/or
owner has read these Orders of Conditions and is in compliance with each and every
condition. This document shall apply to each of the conditions referenced herein and
shall be provided to the Conservation Department at least five (5) business days prior
to the closing of said land transaction.
52. Once these above mentioned pre -construction requirements are complete, the
applicant shall contact the Conservation Office prior to site preparation or
construction and shall arrange an on-site conference with an NACC representative, the
contractor, the erosion control monitor and the applicant to ensure that all of the
Conditions of this Order are understood. This Order shall be included in all
construction contracts, subcontracts, and specifications dealing with the work
proposed and shall supersede any conflicting contract requirements. The applicant
shall assure that all contractors, subcontractors and other personnel performing the
permitted work are fully aware of the permits 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).
ISTORMWATER MANAGEMENT CONDITIONS
242-1600, Great Pond (Lot 1) -Dehullu OOC Special Conditions 7 NACc
9/16/2013
DEP FILE # 242 -1600
53. All construction and post -construction stormwater management shall be conducted in
accordance with supporting documents submitted with the Notice of Intent and as
approved by the NACC in this Order of Conditions.
54. There shall be no increase in the post development discharges from the storm drainage
system or any other changes in post development conditions that alter the post
development watershed boundaries as currently depicted in the Notice of Intent and
approved by this Order of Conditions, unless specifically approved in writing by the
Commission.
55. Water quality in down gradient BV W's shall not differ significantly following
completion of the project from the pre -development conditions. There shall be no
sedimentation into wetlands or water bodies from discharge pipes or surface runoff
leaving the site.
56. The applicants, owners, and their successors and assignees, shall maintain, in
perpetuity, all culverts, collections basins, traps, outlet structures, subsurface storage
areas, and other elements of the drainage system, in order to avoid blockages and
siltation which might cause failure of the system and/or detrimental impacts to on-site
or off-site resource areas, and shall maintain the integrity of vegetative cover on the
site.
DURING CONSTRUCTION
57. IMPORTANT: Immediately upon completion of the house foundation, and prior to
further construction activities associated with the site, the applicant shall complete a
plan prepared by a Registered Professional Land Surveyor of the Commonwealth
(R.P.L.S.) which accurately depicts the foundation location and its proximity to
wetland resource areas as approved under this Order of Conditions. Said plan shall
be submitted to the Conservation Administrator for approval. Failure to comply may
result in a stop work order for the site.
58. Upon beginning work, the applicant shall submit written weekly progress reports
detailing what work has been done in or near resource areas, and what work is
anticipated to be done over the next period. This will update the construction
sequence. Reports shall be submitted in as part of the weekly environmental
monitoring report (see condition #50).
59. Dewatering activities are not proposed as part of the filing. No discharge of water is
allowed directly into an area subject to jurisdiction of the Wetlands Protection Act
and/or the North Andover Wetland Bylaw. If emergency de -watering requirements
arise, the applicant shall submit a contingency plan to the Commission for approval,
which provides for the pumped water to be contained in a settling basin, to reduce
turbidity prior to discharge into a resource area. The "dandy bag" proposed on Sheet 3
212-1600, (heat Pond (Lot 1)-Dehutlu OOC Special Conditions 8 NACC
9/76/2013
DEP FILE # 242 -1600
of the herein referenced plan set would be acceptable if placed within erosion controls
lined with silt fence. Additional detail must be provided and approved by the
Conservation Department.
60. A temporary construction entrance shall be maintained as detailed on Sheet 3 of the
herein referenced plan. If material is tracked beyond the construction entrance onto
the adjacent roadway, it will be swept up daily.
61. Any fill used in connection with this project shall be clean fill, containing no trash,
refuse, rubbish or debris, including but not limited to lumber, bricks, plaster, wire,
lath, paper, cardboard, pipe, tires, ashes, refrigerators, motor vehicles or parts on any
of the foregoing.
62. All exposed soil finish grade surfaces shall be immediately landscaped (native
plantings per landscape plan) 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 151 of each year. Outside of the growing season, exposed soil finish grade
surfaces shall be stabilized with a layer of mulch hay 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 approved by
the NACC.
63. 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.
64. There shall be no stockpiling of soil or other materials within one hundred (100) feet of
any resource area. Stockpiled materials shall be maintained within erosion controls.
65. Washings from concrete trucks, or surplus concrete, shall not be directed to, any
drainage system, or wetland resource area. If truck washing is to be done on site an
area shall be designated and approved by the Conservation Department.
66. All waste generated by, or associated with, the construction activity shall be contained
within the limit of work, and away from any wetland resource area. There shall be no
burying of spent construction materials or disposal of waste on the site by any other
means. The applicant shall maintain dumpsters (or other suitable means) at the site
for the storage and removal of such spent construction materials off-site. However, no
trash dumpsters will be allowed within 50' of areas subject to protection under the Act
or local ByLaw.
67. Accepted engineering and construction standards and procedures shall be followed in
the completion of the project.
742-1600, Greet Pond (Lot 1)-Dehullu OOC special Conditions 9 NACC
9/26/2013
DEP FILE # 242 -1600
68. During and after work on this project, there shall be no discharge or spillage of fuel, or
other pollutants into any wetland resource area. If there is a spill or discharge of any
pollutant during any phase of construction the NACC shall be notified by the
applicant within one (1) business day. No construction vehicles are to be stored within
100 feet of wetland resource areas, and no vehicle refueling, equipment lubrication, or
maintenance is to be done within 100 feet of a resource area.
11 AFTER CONSTRUCTION
69. No underground storage of fuel oils shall be allowed on any lot within one -hundred
(100) feet of any wetland resource area. This condition shall survive this Order of
Conditions and shall run with the title of the property. This condition is issued under
the authority of the Towns Wetland protection ByLaw.
70. Fertilizers utilized for landscaping and lawn care shall be slow release, low -nitrogen
types (< 5%) and phosphorous free, 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 Towns Wetland
Protection ByLaw and shall remain in perpetuity.
71. There shall be no dumping of leaves, grass clippings, brush, or other debris into a
wetland resource area or within 25 feet of a wetland resource area. This condition
shall remain in perpetuity
72. 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.
73. 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.
74. 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.
242-1600, Great Pond (Lot 1)-Dehullu OOC Special Conditions 10 NACC
9/26/2013
DEP FILE # 242 -1600
g. The DEP file number.
IL A written statement from a Registered Professional Civil Engineer (and/or
Registered Professional Land Surveyor) of the Commonwealth certifying that the
work has been conducted as shown on the plan(s) and documents referenced
above, and as conditioned by the Commission.
i. An "As -Built" plan prepared and signed and stamped by a Registered Professional
Civil Engineer (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 than the entire structure must be depicted to accurately verify
compliance.
➢ "As -Built" post -development elevations and grades of all filled or altered
wetland resource areas including the encompassing buffer zone which is
regulated as a resource area under the local Wetland Protection Bylaw.
➢ Distances from structures to wetland resource areas. Structures include (but
are not limited to) septic systems, additions, fences, sheds, stone walls,
pools, retaining walls, subsurface utilities and decks.
➢ A line showing the limit of work and the extent of existing erosion control
devices. "Work" includes any disturbance of soils or vegetation.
➢ Location of all subsurface utilities entering the property.
75. The following special conditions shall survive the issuance of a Certificate of
Compliance (COC) for this project:
25' No -Disturbance Zone and a 50' No -Construction Zone shall be
established from the edge of adjacent wetland resource areas as approved
under DEP # 242-1600. In addition the applicant has agreed to a limit of
clearing as shown on the herein referenced plan. Future work within 100' of
existing wetland resource areas will require a separate filing with the NACC
(refer to Section 3.4 of the Regulations for performance standards within
these zones) The Conservation Administrator and/or other agents of the
NACC do not have the authority to waive these setbacks as established
under the local ByLaw,
➢ Stormwater Management System Maintenance (Condition #56)
➢ Discharge or spillage of pollutants (Condition #68);
242-1600, Great Pond (Lot 1)-Dehullu OOC Special Conditions I 1 NACC
9/26/2013
DEP FILE # 242 -1600
➢ Prohibition of underground fuels (Condition #69);
➢ Limitations on the use of fertilizers, herbicides, and pesticides (Conditions
#70);
➢ Prohibition of dumping of leaves, grass clippings, brush, or other debris
(Condition #71).
242-1600, Great Pond (Lot 1)-Dchullu OOC Special Conditions 12 NACC
9/26/2013
DEP FILE # 242 -1600
APPENDD( A - AFFIDAVIT
1, - - on oath do hereby depose and state -
(authorized agent applicant and/or current owner)
(PLEASE CHECKATLEAST ONE BLOCK)
L_ 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.
I I am the
(position with owner) (owner name)
the owner upon whose land Order of Conditions
have been placed up by (DEP or NACC number)
the North Andover Conservation Commission.
3. I hereby affirm and acknowledge that I have received said Order of Conditions
and have read the same and understand each
(DEP File #) and every condition which has been set forth
in said Order of Conditions.
4. I hereby affirm and acknowledge that on this day of -19—
I inspected said properly 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 Com ussion as well m 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)
242-1600, Great Pond (Lot 1)-Dehullu OOC Special Conditions 13 NACC
926/2013
Massachusetts Department of Environmental Protection
Provided by M—DEP:
Bureau of Resource Protection -Wetlands
MassDEQ
WPA Form 5 - Order of Conditions
U1
stiction #:59800
702
eDEP Transection 8:ANDO
a. Plan TRI.: I. Plan Prepared by: c. Plan Signed/Stamped by:
Ciry/Iown:NORTH ANDOVER
Massachusetts Wetlands Protection Act M.G.L. c. 131, §40
A. General Information
September 18, 2013 1"=30'
L Conservation Commission NORTH ANDOVER
2. Issuance a. p OOC b. o Amended DOC
3. Applicant Details -
SHEETS 1-3
a.FirslName STEPHEN b. Lest Name
DEHN.LU
c. Organimbon DEHULLU HOMES
d.MailingAddress 36 BENJAMIN STREET
C. Cay/fown GROVELAND f. State MA
g. Zip Code 01834
4. Property Owner
a First Name KENNETH &. SOPIE b. Last Name
HAPHEY
c. Oigameadon
d Mailing Address, 1159 OSGOOD STREET
e. Chyfrova NORTH ANDOVER ESma, MA
g. Zip Code 01845
5. Project Location
&Street Address IAT I GREAT POND ROAD
b.Cily/fowa NORTH ANDOVER C. Zip Code
01845
d. Assessors Map/Plata 35 e. Par"I/L°t8 4
£Latitude 42.71505N gLmvmde 71.10795W
6. Property recorded at the Registry of Deed for:
a. County b. Certificate c. Book
d. Page
NORTHERN ESSEX 1853
336
7.Dates
a. Dace NOI Filed: 8/19/2013 b. Date Public Hearing Closed: 9/25/2013
c Date Oflssumce: 9262013
81inal Approved Plans and Other Documents
a. Plan TRI.: I. Plan Prepared by: c. Plan Signed/Stamped by:
d. Revised Final Date: e. Scale:
VARLANCE&
WATERSHED WULIAMG. HOLT,
SPECIAL PERMIT WILLIAM G. HOLT, PLS
September 18, 2013 1"=30'
PLS, RS, SE
S1TE PLAN -
SHEETS 1-3
Page 1 of 10 • ELECTRONIC COPY
Massachusetts Department of Environmental Protection Provided by MascDEP
Burcau of Resource Protection - Wetlands MassDEP File 4:242-1600
WPA Form 5 - Order of Conditions eDEP Transection a:598702
LIJ Massachusetts Wetlands Protection Act M.G.L. c. 131, §40
Chy/I'own:NORTH ANDOVER
LANDSCAPEPLAN WI.LIAMG.HOLT, WILLIAM GARRY HOLT, 8-27-13 1-20'
PLS, RS, SE PLS
B. Findings
I.Findings pursuant to the Massachusetts Wetlands Protection Act
Following the review of the the above-referrnced Notice of Intent and based on the inforramon provided in this application and
presented orthe public hearing, this Commission finds tlwtthe areas in width work is proposed is significant in the following interests of
the Wetlands Protection Act
Check all that apply:
a. [ Public Water Supply b. o Lord Contemning shellfish c.o PrevereimofPollution
d. - Private Water Supply e. a Fisheries f o PradetionofWildlife Habitat
g. o Ground Water Supply I. D Storm Damage Preveuoon L o Flood Control
2. Commission hereby finds the project, as proposed, is:
Approved subject to:
ao 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 efluentreferenced above, the following
General Conditions, and my other special conditions atached to this Order. To the extent that the following conditions modify or
differ from the plans, specifications, or other proposals submitted with the Notice efferent, these conditions shall control.
Denied because:
b.D The proposed work cannot be conditioned meet the performed, standards ad forth in the we0md regulations. Therefore,
work m this project may not go forward udess and until a new Notice oflatent is submitted which provides measures which are
adequate to protect interests ofthe Act, and a final Order of Conditions is issued. A description of the performance standards
which the proposed work cannot meet is attached to this Order.
co The infamationsubrnittedbytheappGrent is notsufficienttu describethe site, the workmthe effect ofthe workon thein[,rem
identified mthe Wetlands Protection Act Therefore, work on this projectmay not go forward unless and until arevisedNoticeof
Inuit is submitted which provides siffircient informationand includes meannes which are adequate m protedife, interests oft e
Act, and afioal Order ofConditions is issued. A description of the specific information which is lacking and whyfl, h
necessary is attached to this Order as per 310 CMR 10.05(6)(c).
39 Buffer Zone Impacts:Shorrest distance between limit of project disturbance and the wetland resource 27
area specified in 310CMR10.02(1xa). a linear feet
Inland Rmource Area Impacts:(ForAppsovak Only):
Resource Area Proposed
Permitted
Proposed
Permitted
Alteration
Alteration
Replacement
Replacement
4. 0 Bank
alkremfiad
b.li fere
a.lh fed
d.lineerfed
5.E Bordering Vegetated Wetland
T-square feet b. square feu c, square feet d square feet
Page 2 of 10 • ELECTRONIC COPY
0 Massachusetts Department of Environmental Protection Provided by MassDEP
Bureau of Resource Protection - Wetlands MassDEP File #:742-1
WPA Form 5 - Order of Conditions eDEP Transaction #:59
Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 Chy/fown:NORTH AND
Coastal Resource Area Impacts:
Resource Area
Proposed Permitted Proposed Permitted
Alteration Alteration Replacement Replacement
600
Indicate a= under Land Under the Oacu, below
ll.o Land Under the Ocean
6702
a aquae fed b. square feet
OVER
6. a LmdunderWwmbodiesaod Waterways
Indicate size underCoastel Beaches and/or Coastal Dunes below
13.o Comte] Beaches
a. square feet b. square feet c. dy nounshmdrt d. e/y nmsishment
a square feet
b. square feet
c. square feet
d. square fee[
15.o Coastal Backs
;. dredged
L (y dredged
TI fat b. linea feet
16.D Rocky Intedidal Shores
7.o Bordering Land Subjedto Flooding
a square feet b. square feet
17..= Salt Marshes
asq-=f=eet
b.squaefeet
a.squarefat
d. square feet
Cubic Feet Flood Storage
e cubic feet
f. cubic feet
g cubic feet
h cubic feet
8.0 Isolated Land Subject to Flooding
a square kat
b. square fee[
Cubic Fat Flood Storage
c cubic kat
d cubic ices
a—m tees
f. cubic felt
9.o Riverkoa Area
a total sqfeet
I. total sq. feet
Sq ftwiddn 100 ft
c. square feet
d. square feet
e. -None feet
f square fees
Sq it between 100-200 ft
g square feet
h square feel
i square feet
j. square feet
Coastal Resource Area Impacts:
Resource Area
Proposed Permitted Proposed Permitted
Alteration Alteration Replacement Replacement
10.o Designated Port Areas
Indicate a= under Land Under the Oacu, below
ll.o Land Under the Ocean
a aquae fed b. square feet
c. c/y dredged d. Gy dredged
12.n Banner Beaches
Indicate size underCoastel Beaches and/or Coastal Dunes below
13.o Comte] Beaches
a. square feet b. square feet c. dy nounshmdrt d. e/y nmsishment
14.o Comtel Dines
a square fat b. squam feet t oy nou ishausa d c/ynasishmrnt
15.o Coastal Backs
TI fat b. linea feet
16.D Rocky Intedidal Shores
a square feet b. square feet
17..= Salt Marshes
a square fat b. squat feet a squaw fat d. square fed
18.c Land Under SallP.&
Page 3 of 10* ELECTRONIC COPY
Massachusetts Department of Environmental Protection Provided by MassDEP
Bureau of Resource Protection - Wetlands MassDEP File #:242-1600
WPA Form 5 - Order of Conditions cDEP Transaction #:598702
Massachusetts Wetlands Protection Ad M.G.L. a 131, §40 City(Fowm:NORTH ANDOVER
L-1
a square fat b. square feet
C. dy dredged d. dy dredged
19.p Land Contammg Shellfish
a square fed b. square fed c. square feet d. square feet
Indicate size under Coastal Banks, inland Bank, Land Under the
20.o Fishlbms Ocean, and/or inland Land Under Waterbodies and Waterways,
above
c. dy dredged d. dy dredged
21.o Land Subject to CoastalStorm Flowage
a square feet b. square feet
22.
o Restoration/Enhancement (For Approvals Only)
If the project is forthe purpose of restoring or enhancing a wetland resume: ones in addition to the square footage that has been
entered in Section B.S.c & d or B. 17.c & d above, please entered the additional amount here.
a square feet ofBV W b. square feet of Salt Marsh
23.
o Streams Crossing(s)
If the project involves Simon Cmssings, please enter the number of new stream crossings/number ofreplacement stream crossing,
a numberofnew stream erossing b. numberofreplacement stream crossing
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 Movies and other regulatory measures, shall be deemed
cause to revoke or modify this Order.
2. The Order does not grant my property rights many exclusive privileges; it does not authreize any injury to private property or
invasion d private rigJm.
3. This Order does net relieve die permince or any other person ofthe necessity ofcomplying with all other applicable federal,
Me, or local statutes, ordinances, bylaws, or regulations.
4. The work authorized hereunder shall be completed widum thme years from the data of this Order unless either ofthe following
apply
a the work is amaintenana dredging project as provided for in the Act; or
b. the time for completion has been extended to a specified dare more than three years, but less than five
years, fiom the data ofissuance. If this Order is intended to be valid far mare than am years, the
extension data and the special cbcumetands warranting the extended time period are set forth as a
special condition in this Order.
S. This Order may be aRended by the issuing authority for one or more periods ofup to three years each upon application 0 the
issuing authority m lens[ 30 days prior to the expiration daze ofthe Order.
6. Ifthis Order constitutes an Amended Order of Conditions, this Amended Order of Conditions does not exceed the issuance
date ofthe original Final Order ofConditions
7. Any fill used in connection with this project shall be clean fill. Any fill shall contain no trash, refuse, rubbish, or debris, including
Page 4 of 10' ELECTRONIC COPY
LJMassachusetts Department of Environmental Protection Provided by MassDEP:
Bureau of Resource Protection - Wetlands MwSDEP File #:242-1600
WPA Form 5 - Order of Conditions cDEP Transaction #:598702
Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 City/Ibwn:NORTH ANDOVER
bat not limited to lumber, bricks, Plaster, wre, lath, Paper, cardboard, Pipe, tires, ashes, refrigemtors, motor vehicles, or parts of
any of the foregoing.
8. This Order is not final until all administrative appeal periods from thE Order have elapsed, or if such an appeal has been taken,
unfit all proceedings before fie Department have been completed
9. No work shall be undertaken mail the Order has become final and than has been recorded in the Registry of Deeds a the Land
Court far the district in which the land is located, withwMe chain of title of the affected property. N the case ofrecorded land,
the Final Order shall also be noted in the Regisays Grantor Ndcx under the name ofthe owner ofthe land upon which the
proposed work is W be done. In the case of the registered land, the Final Order shell also be noted on the Land Court
Certfic oc of Tide of the owner of the land upon which the proposed work is done. The recording infommtion shall be submitted
W the Conservation Commission on the form at the end of this Order, which form most be stamped by the Registry of Deeds,
Poor to the commencement of work..
10. A sign shall be displayed 9 the site not less than two square fact or more than three square fear in size bearing the words,
"Massachusetts Depamnent of Environmental Protection"
[or'MmsDEP"]
File Number:"212-1600"
11. Where the Department ofEnvimmnemal Protection is requested to issue a Superseding Order, the Conservation Commission
shall be aparty to all agency proceedings and hearings before Mass DEP.
12. Upon completion of the work described herein, the applicant shall submit a Request far Cerfificate of Compliance (WPA Form
SA) to the Conservation Commission
13. The work shall conform to the plans and special conditions referenced in this order.
14. Any change inthe plans identified in Condition# 13 above shall require me applicant to inquire ofthe Conservation Commission
in writing whether the change is significant enough in require the filing of anew Notice ofha ear
15. The Agent or members of the Conservation Commission and the Department of Environments] Protection shall have the right To
enter and inspect the gree subject W this Order at reasonable hours to evaluate compliance with the conditions stated in this
Order, and may require the submittal of my 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
W any counselor or other person performing work conditioned by this Order.
17. Prior the start of weals and if the pmject 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 marfas shall be maintained until a Certificate of Compliance has been issued by the Conservation Commission.
18. All sedinamafion Traders shall be maintained in good repair until all disatted areas have been fully stabilized with vegetation or
other means. At no mine shall aci imenut be deposited nawetland a water body. During concoction, the applicant or his/her
designee shall inspect the erosion controls on adaily basis and shall remove acemnulmed sediments as needed. The applicant
shall immediately onnhol any erosion problems that occur a the site and shall also immediately notify the Conservation
Commission, which reserves the right W require additional erosion skater damage prevention controls it may deem necessary.
Sedimentation burners shall serve as the limit of work unless another mnit 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)o isnm(2)D subjCdtO the Massachusetts SWrmwater Standards.
If dor work is subject W Stoneware, Standards, then the project is subjectW the following conditions;
a) AD work, including site preparation, land disturbance, construction and redevelopment shall be implemented in accordance
with the construction period pollution prevention and erosion mud sedimentation control plan and, ifapphcable, the
SWrmwater Pollution Prevention Plan required by die National Pollutant Discharge Elimination System Construction General
Permit as required by SWmiwmer Standard 8. Construction period erosion, sedimentation and pollution control measures and
bear management practices (BMPs) shall remain in place until the site is filly stabilized
b) NosWrmwaternmoffmay be dischargedio the post -construction sWrmwmer BMPs unless unduntll aRegisraed
Page 5 o 10 • ELECTRONIC COPY
Massachusetts Department of Environmental Protection Provided by MmDEP:
Bureau of Resource Protection - Wetlands Ma.%4DEP File #:242-1600
WPA Form 5 - Order of Conditions cDEP Transaction #:598702
/U2
Massachusetts Wetlands Protection Ad M.G.L. c. 131, §40 Cdy/I'own:NORTH ANDOVER
Professional Engineer provides a Certification that: L all construction period BMPs have been removal or will be removed by
a date certain specified in the Certification. For my construction period BMPs intended to be converted to post construction
operation for stormwan r auenu cion, recharge, and/or treatment, the conversion is allowed by the MassDEP Stoimwater
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 told and oWd mount structures; ii.. as -built final mash Wfim
BMP plans are included, signed and stamped by a Registered Professional Eugineer, certifying the site a fully stabilized; iii
any illicit discharges to the stormwater management system have been removed, as per the requirements of Stonnwater
Standard 10; iv. all post -construction stomrwaterBMPs 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. arty vegetation associated with post -construction BMPs is suitably established to withstand
erosion.
c) The landowner E responsible for BMP maintenance card the issuing authority is notified but another party has legally assumed
responsibility for BMP maintenance. Prior to requesting a Certificate of Compliance, or Partial Certificate of Compliance, the
msponnble party(defined in General Condition l9(e))shall execute and sabTru to the issuing au the yen Operation and
Maintenance Compliance Statement ("O&M Statement") for the Starnwafer BMPs identifying the party responsible for
implementing the stmnvv erBMP Operation and Maintnance 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 whiting of their ongoing legal responsibility to operate and maintain the storinwuler management BMPs and
implemert the Stomhwaer Pollution Prevention Plan.
d) Post-conmvcdon 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 StormwaterPollWon Prevention Plan
regmed by the Namnad Pollutant Discharge Elimination System Multi -Scour General Pewit.
e) Unless and until another party accepts responsibility, the landowner, or owner of my drainage easement, assumes
msponsibifity for maintaining each BMP. To overcome this presumption, The landowner of the property mustsibmit to the
issuing authority a legally binding agreement of record, acceptable to the issuing authority, evidencing that another entity bas
accepted responsibility for maintaining the BMP, and that the proposed responsible parry shall be created as a permittee for
purposes of implementing to 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 shat
be a violation of the Order of Conditions or Certificate of Compliance. In the case ofstomhwald BMPs that are serving more
tan one lot, the legally binding agreement shall also identify the lot dud will be serviced by the stumwataBMPs. Aplin and
easement deed that grants the responsible party access m perform the required operation and maintenance must be submitted
along with the legally binding agreanem.
0 The responsible party shall operate and maintain all starmwater BMPs in accordance with the design plans, the O&M Plan,
and the requirements of the Man achusms Stornwa d Handbook
Rl The responsible party shall:
1. Maintain an operation and maintenance log for the last three (3) consecutive calendar years of inspections, repots,
maintenance and/or replacement of the sWmwatermanagement system or any pan thereof, and disposal (fm disposal the
log shall indicate the type of material and the disposal location);
2. Make the maintenance log available m MassDEP and the Conservation Commission ("Commissiou') upon request and
3. Allow members and agents of the MassDEP and the Commission to enter and inspectthe 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 stomnwater BMPs shall be disposed of in accordance with at applicable
federal, state, and lord laws and regulations.
0 Illicit discharges tote stormwater managemerrt system as defined in 310 CMR 10.04 are prohibited.
j) The smnnwater management system approved in the Order of Conditions shall no be changed without the prior written
approval ofdw issuing authority.
k) Areas designated as qualifying pervious areas for the purpose of the Low Impact Site Design Credit (as, defined in the
Page 6 of 10' ELECTRONIC COPY
LOMassachusetts Department of Environmental Protection Provided by MassDEP:
Bureau of Resource Protection - Wetlands MassDEP File #:242-1600
WPA Form 5 - Order of Conditions cDEP Transaction #:598702
Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 Chy Town:NORTH ANDOVER
MassDEP Stomnwater Handbook Volume 3, Chapter 1, Low Impact Development She Design Credits) shall not be altered
without the prim written approval of the issumgauthority.
1) Access far maintenance, repant,and/m replacement ofBMPs shall not be withheld. Any fencing constructed around
aoanwauxBMPs shall include access gates and shell be at least six inches above grade wallow fmwildlife passage.
Special Conditions:
SEE ATTACHED.
Page 7 of 10 • ELECTRONIC COPY
LJMassachusetts Department of Environmental Protection Provided by MassDEP:
Bureau of Resource Protection - Wetlands MassDEP File 4:242-1600
WPA Form 5 - Order of Conditions eDEP Transaction 4:598702
Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 City/1'own:NORTH ANDOVER
A Findings Under Municipal Wetlands Bylaw or Ordinance
I. Is a municipal wetlands bylaw or ordinance applicable? o Yes o No
2. The Conservation Commission h la(check one that applies).
a 0 DENIES the proposed work which cannot be conditioned in
meet the standards set forth in amunicipal ordinance or bylaw
spefimlly:
L Municipal Ordinance in Bylaw 2. Citation
Therefom, work on tlds project may not go forward unless and wtil a revised Notice oflntent 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 m bylaw:
APPROVES the proposed work, subject to the following
additional cmndbions
NORTH ANDOVER
1. Municipal Ordinance or Bylaw WETLAON 2. Citation CHAPTER 178
PROTEBYLAW
3. The Commission ordersthen a ll work shall be performed in accordance with the following conditions and with[he Notice of
Inter[ referenecd above. To the extent that the following condition, modify or differ from the plans, specifications, or offer
proposals submitted with the Notice oflntera, the conditions shall control.
The special conditions relating to municipal ordinance or bylaw are as follows:
SEE ATTACHED
Page 8 of 10 • ELECTRONIC COPY
LJMassachusetts Department of Environmental Protection Provided by MassDEP
Bureau of Resource Protection - Wetlands MassDEP File #:242-1
WPA Form 5 - Order of Conditions eDEP Tramsecdm#:
Massachusetts Wetlands Protection Act M.G.L. c. 131,§40 City/Pown:NORTH
Signatures:
7
❑ by hand delivery on
Date
F. Appeals
dby certified mail, return receipt requested, on
9/.? A
Data
The applicant the owner, any person aggrieved by this Order, any owner ofland starting the land subject to this Order, or arty ten
residents ofthe city or town in which such land is located, as hereby notified ofineir right to request the appropriate MassDEP
Regional Office to issue a Superseding Order ofConditions.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 Tom mitral Form, as provided in
310 CMR 10.03(7) within ten business days from the dare of issuance of this Order. A copy ofthe request shall at the same time be
sent by certified mail or hand delivery to the Conservation Comtm:ssion and to the applicant if a/she is not the appellant.
Any appellants seeEng to appeal the Departments Superseding Order associated with this appeal will be required m demonstrate prior
participation m the review ofthis project Previous partdpatim m the permit proceeding means the submission ofwritmh information to
the Conservation Commission prior to the close ofthe public hearing requesting a Superseding Order, or providing written information
to the Deparmhentprior to issuance of a Superseding Order.
The request shall state clearly and concisely the objections an 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 amunicipal ordinance or bylaw,
and not on the Massachusetts Wetlands Protection Ad or regulations, the Department has an appellate j urisdiction.
Page 9 of 10 -ELECTRONIC COPY
600
599702
ANDOVER
E. Signatures
This Order is valid him duce years from the date ofissuance, unless otherwise specified
pursuantto General Cmditim#4. If this ism Amended Order of Conditions, the Amended
1. Date of Or"ml Order
Order expires on the same date as the original Order of Conditions.
Please indicate the number of numbers who will sip this foam. This Order must be signed by
2 Number of Signers
a majority of the Conservation Commission.
The Order most be mailed by certified mail (retrm receipt requested) or hand delivered to the applicant A copy also most be mailed
or hand delivered atthe same tune m the appropriate Department of Environmental Protection Regional Office, If not filing
electronically, and the property owner if different from applicant
Signatures:
7
❑ by hand delivery on
Date
F. Appeals
dby certified mail, return receipt requested, on
9/.? A
Data
The applicant the owner, any person aggrieved by this Order, any owner ofland starting the land subject to this Order, or arty ten
residents ofthe city or town in which such land is located, as hereby notified ofineir right to request the appropriate MassDEP
Regional Office to issue a Superseding Order ofConditions.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 Tom mitral Form, as provided in
310 CMR 10.03(7) within ten business days from the dare of issuance of this Order. A copy ofthe request shall at the same time be
sent by certified mail or hand delivery to the Conservation Comtm:ssion and to the applicant if a/she is not the appellant.
Any appellants seeEng to appeal the Departments Superseding Order associated with this appeal will be required m demonstrate prior
participation m the review ofthis project Previous partdpatim m the permit proceeding means the submission ofwritmh information to
the Conservation Commission prior to the close ofthe public hearing requesting a Superseding Order, or providing written information
to the Deparmhentprior to issuance of a Superseding Order.
The request shall state clearly and concisely the objections an 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 amunicipal ordinance or bylaw,
and not on the Massachusetts Wetlands Protection Ad or regulations, the Department has an appellate j urisdiction.
Page 9 of 10 -ELECTRONIC COPY
Massachusetts Department of Environmental Protection Provided by MassDEP
LJBureau of Resource Protection - Wetlands MassDEP File #:242-1600
WPA Form 5 - Order of Conditions eDEP Transaction X:598702
Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 City?own:NORTHANDOVER
G. Recording Information
This Order ofConditions most 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 ofthe affected property. In the case of recorded land, the Final Order shail also be noted in the Registr}�s
Grantor Index under the name ofthe owner ofthe land subject to the Order. In the case ofregistered land, tlris Order shall also be
noted on the Land Court Certificate of Title of the owner ofthe land subjecdto the Order of Conditions The recording information on
this page shall be submitted tothe 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:
NORTHANDOVER
Conservation Commission
Please be advised that the Order ofConditiom for the Project at
LOT 1 GREAT POND ROAD 242-1600
Pmjectlocation
Has been recorded at the Registry ofDccds of:
fm
MassDEPFile Number
County Book Page
Property Owner KENNETH& SOME HAPHEY
and has been noted in the chem offide of the affected property in:
Book Page
In accordance with the Order of Conditions issued on:
Date
If recorded land, the mstntment number idmfifying this transaction is:
InslmmenNumber
]£registered land, the doaanent number identifying this transaction is:
Dm.t N.W
Signature ofAppicant
aw ammo
Page 10 of 10 • ELECTRONIC COPY
DEP FILE # 242 -1600
Findings:
• On October 1, 2013 it is anticipated that the North Andover Planning Board will issue
a Watershed Special Permit for the project proposed herein.
The North Andover Conservation Commission (hereafter the "NACC") hereby finds that the
following conditions are necessary, in accordance with the Performance Standards set forth
in the State Regulations, the local ByLaw and Regulations, to protect those interests noted
above. The NACC orders that all work shall be performed in accordance with said
conditions and with the Notice of Intent referenced below. To the extent that the following
conditions modify or differ from the plans strecifications or other proposals submitted with
the Notice of Intent, the conditions shall control.
GENERAL CONDITIONS
20. The proposed work includes: construction of a single family home, attached garage,
driveway, stormwater management structures, appurtenant utilities, site work,
landscaping and grading. Portions of the work are within 100 feet of an Isolated
Vegetated Wetland (IVW), Bordering Vegetated Wetland (BVW), Inland Bank, and
within the towns Watershed Protection District.
21. The work shall conform to the following (except as noted in the remainder of this
document where revisions may be required):
Applicant: Stephen Dehullu
Dehullu Homes
36 Benjamin Street
Groveland, Massachusetts 01834
Property Owner: Kenneth & Sophie Haphey
1159 Osgood Street
North Andover, MA 01845
Notice of Intent filed by: William Holt
WGH Design
83 West Main Street
Merrimac, MA 01860
Date filed: August 2, 2013
Site Plans prepared by: William G. Holt PLS, RS, SE
Titled: Variance & Watershed Special Permit Site
Plan
Date: 8-12-12
Revised: 18 -Sep -13
Sheets 1- 3
242-1600, Great Pond (Lot 1)-Dchullu OOC Special Conditions 1 NACC
9/26/2013
DEP FII.E # 242 -1600
Stormwater Review
(for Watershed Special Permit):
Wetland Delineation
Conducted by:
Stamped by: William G. Holt, P. L.S.
Landscape Plan - Date 8-27-13 & Last Revised 9-12-
13
Stamped by: William Garry Holt, P.L.S.
Eggleston Environmental
Lisa D. Eggleston, P.E.
Review Letter Dated: July 22, 2013
& September 11, 2013
Response letter from William G. Holt
to North Andover Planning Board
Dated: August 29, 2013
Response email dated: September 20, 2013
Seekamp Environmental Consultants
March 2013
22. The term "Applicant' as used in this Order of Conditions shall refer to the owner, any
successor in interest or successor in control of the property referenced in the Notice of
Intent, supporting documents and this Order of Conditions. The NACC shall be
notified in writing within 30 days of all transfers of title of any portion of property that
takes place prior to the issuance of a Certificate of Compliance.
23. The conditions of this decision shall apply to, and be binding upon, the applicant,
owner, its employees and all successors and assigns in interest or control. These
obligations shall be expressed in covenants in all deeds to succeeding owners of
portions of the property.
24. Failure to comply with all conditions stated herein, and with all related statutes and
other regulatory measures, shall be deemed cause to revoke or modify this Order.
25. This Order does not grant any property rights or any exclusive privileges; it does not
authorize any injury to private property or invasion of property rights. However, the
NACC, agent of the NACC or the Department of Environmental Protection (DEP)
reserves the right to enter and inspect the property at all reasonable times until a
Certificate of Compliance is issued, to evaluate compliance with this Order of
Conditions, the Act (310 CMR 10.00), the North Andover Wetland ByLaw and
Regulations, and may require any information, measurements, photographs,
observations, and/or materials, or may require the submittal of any data or
information deemed necessary by the NACC for that evaluation. Further, work shall
742-1600, Great Pond (Wt 1)-Dehullu OOC Special Conditions 2 NACC
9/26/1013
DEP FILE # 242 -1600
be halted on the site if the NACC, agent or DEP determines that any of the work is not
in compliance with this Order of Conditions. Work shall not resume until the NACC
is satisfied that the work will comply and has so notified the applicant in writing.
26. This Order does not relieve the permittee or any other person of the necessity of
complying with all other applicable federal, state or local statutes, ordinances, by-laws
or regulations.
27. The work authorized hereunder shall be completed within threeyears from the date of
this order.
28. This Order may be extended by the issuing authority for one but not more than two
periods of up to one year each upon application to the issuing authority at least
days (30) prior to the expiration date of the Order (Refer to Section 8.3 of the North
Andover Welland Regulations).
29. The NACC reserves the right to amend this Order of Conditions after a legally
advertised public hearing if plans or circumstances are changed or if new conditions
or information so warrant.
30. Where the Department of Environmental Protection (DEP) is requested to make a
determination and to issue a Superseding Order, the Conservation Commission shall
be a party to all agency proceedings and hearings before the Department.
31. Any future project which proposes a wetland crossing in order to access certain
portions of the property will not be qualified as a limited project roadway under 310
CMR 10.53(e).
32. The following wetland resource areas are affected by the proposed work: Buffer Zone
to Isolated Vegetated Wetland (IVW), Bordering Vegetated Wetland (BVW) and Bank
(Lake Cochichewick). These resource areas are significant to the interests of the Act
and Town ByLaw as noted above and therein. The applicant has not attempted to
overcome the presumption of significance of these resource areas to the identified
interests.
33. The NACC agrees with the applicant's delineation of the wetland resource areas on
the site as shown on the plans dated referenced herein.
34. The NACC finds that the intensive use of the upland areas and buffer zone proposed
on this site will cause further alteration of the wetland resource areas. In order to
prevent any alteration of wetland resource areas a twenty five foot (25') No-
Disturbance Zone and a fifty foot (50') No-Construction Zone shall be established from
the edge of the adjacent wetland resource area as shown on the herein referenced
plans. In addition, in cooperation with the North Andover Planning Board, the
applicant has agreed to a limit of clearing for this property as shown on the herein
242-1600, Great Pond (Lot 1) -Dehullu OOC special Conditions 3 NACC
9/26/2013
DEP FILE # 242 -1600
referenced site 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. 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.
36. 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.
11 PRIOR TO CONSTRUCTION
37. 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.
38. 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.
39. 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 242-1600."
242-1600, (haat Pond (Lot 1)-Dehullu (IOC Special Conditions 4 NACC
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DEP FILE # 242 -1600
40. Any changes in the submitted plans caused by the applicant, another Board's decision
or resulting from this Order of Conditions must be submitted to the NACC for
approval prior to implementation. If the NACC finds said changes to be significant,
the NACC will call for another public hearing (at the expense of the applicant). Within
21 days of the close of said public hearing the NACC will issue an amended or new
Order of Conditions. Any errors found in the plans or information submitted by the
applicant shall be considered as changes. No work shall begin on a project until
written approval has been granted by the NACC.
41. It is the responsibility of the applicant, owner, and/or successor(s) to ensure that all
conditions of this Order of Conditions are complied with. The project engineer and
contractors are to be provided with a copy of this Order of Conditions and referenced
documents before commencement of construction.
42. Prior to any work commencing on-site, the applicant shall submit to the NACC for
approval, a detailed and dated sequence of construction, including the installation of
sedimentation/erosion control devices, land clearing, foundation installation and all
other work planned through final stabilization.
43. Prior to site disturbance, the applicant will construct a depressed stone construction
entrance as detailed on Sheet 3 of the site plan referenced herein.
44. 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.
45. Prior to construction, the applicant shall permanently mark the limit of clearing
adjacent to the Isolated Vegetated Wetland (IVW) with signs spaced every 30 feet
incorporating the following text: "Protected Wetland Resource Area' and the
associated rules (3 rounds for every 1 square). This will designate their sensitivity and
assure no further inadvertent encroachment into the wetland. These permanent
markers are subject to review and approval by the NACC. The applicant shall instruct
all agents to explain these markers to buyers/lessees/landscapers and all persons
taking over the property from the applicant. These markers shall remain posted and
be replaced as necessary in perpetuity. Markers are available from the Conservation
Department ($2 round and $3 square)
242-1600, Greg Pond (Lot 1) -Dehullu OOC Special Conditions 5 NACC
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DEP FILE # 242 -1600
46. A row of staked hay bales backed by trenched siltation fence shall be placed between
all construction areas and wetlands within resource areas. The erosion control barrier
will be properly installed and placed as shown on the plans approved and referenced
herein and shall be inspected and approved by the NACC or its agent prior to the start
of construction and shall remain intact until all disturbed areas have been
permanently stabilized to prevent erosion. All erosion prevention and sedimentation
protection measures found necessary during construction shall be implemented at the
direction of the NACC or its agent. The NACC reserves the right to impose additional
conditions on portions of this project to mitigate any impacts which could result from
site erosion, or any noticeable degradation of surface water quality discharging from
the site. For example, installation of erosion control measures may be required in
areas not shown on the plan(s) referenced in this Order of Conditions. Should such
installation be required by the NACC, they shall be installed within 48 hours of the
Commissions request.
47. The applicant shall have on hand at the start of any soil disturbance, removal or
stockpiling ten (10) hay bales and sufficient stakes for staking these bales (or an
equivalent amount of silt fence,1 hay bale to equal 3 feet of fence). Said bales shall be
used only for the control of emergency erosion problems and shall not be used for the
normal control of erosion.
48. A check payable to the Town of North Andover shall be provided in the amount of
$3,000 which shall be in all respects satisfactory to Town Counsel, Town Treasurer,
and the NACC, and shall be posted with the North Andover Town Treasurer through
the NACC before commencement of work. Said deposit of money shall be
conditioned on the completion of all conditions hereof, shall be signed by a party or
parties satisfactory to the NACC, and Town Counsel, and shall be released after
completion of the project, provided that provisions, satisfactory to the NACC, have
been made for performance of any conditions which are of continuing nature. The
applicant may propose a monetary release schedule keyed to completion of specific
portions of the project for the NACC's review and approval. This condition is issued
under the authority of the local ByLaw.
49. The applicant shall designate a Wetland Scientist (or other environmental professional
as approved by the NACC or its agent) as an "Erosion Control Monitor' to oversee
any emergency placement of controls and regular inspection or replacement of
sedimentation control devices. The name and phone number of the erosion control
monitor must be provided to the NACC in the event that this person has to be
contacted, due to an emergency at the site, during any 24-hour period, including
weekends. Proof of the retained monitor must be submitted to the Conservation
Department on letterhead by the retained consulting firm. This person shall be given
the authority to stop construction for erosion control purposes. The Environmental
Professional will immediately notify the Conservation agent of any matter that
requires attention by the Commission or the agent. The erosion control monitor will
242-1600, Great Pond (Lot 1) -Dehullu OOC Special Conditions 6 NACC
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DEP FILE # 242 -1600
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.
50. At least once during each week in which construction activities occurs on-site and for
as long thereafter as ground remains unstabilized, the applicant shall submit a written
report with photos from the "Erosion Control Monitor' to the NACC certifying that,
to the best of his/her knowledge and belief based on a careful site inspection, all work
is being performed in compliance with this Order of Conditions and that approved
setbacks are being adhered to. The erosion control monitor must visually inspect all
sedimentation/erosion control measures and assume responsibility for their
maintenance on a weekly basis and that they are functioning as intended. In addition,
all wetland resource areas must be visually inspected for siltation, turbidity, and/or
other water quality impacts. The Erosion Control Monitor shall be on site during
and/or following a major storm event of 1/2" inch of rain or greater (24 hour event) to
ensure that soils remain stable, and erosion controls are adequate and secure
51. The applicant and/or the legal owner of that portion of land upon which these Orders
of Conditions have been placed shall provide to the NACC prior to transferring, or
assigning any portion of said land to another party, subject to said Orders of
Conditions, the "Compliance Certification Form Affidavit' attached via "Appendix
A" signed under the pains and penalties of perjury, stating that said applicant and/or
owner has read these Orders of Conditions and is in compliance with each and every
condition. This document shall apply to each of the conditions referenced herein and
shall be provided to the Conservation Department at least five (5) business days prior
to the closing of said land transaction.
52. Once these above mentioned pre -construction requirements are complete, the
applicant shall contact the Conservation Office prior to site preparation or
construction and shall arrange an on-site conference with an NACC representative, the
contractor, the erosion control monitor and the applicant to ensure that all of the
Conditions of this Order are understood. This Order shall be included in all
construction contracts, subcontracts, and specifications dealing with the work
proposed and shall supersede any conflicting contract requirements. The applicant
shall assure that all contractors, subcontractors and other personnel performing the
permitted work are fully aware of the permits terms and conditions. Thereafter, the
contractor will be held jointly liable for any violation of this Order of Conditions
resulting from failure to comply with its conditions. The applicant or contractor shall
notify the NACC in writing of the identity of the on-site construction supervisor hired
to coordinate construction and to ensure compliance with this Order. A reasonable
period of time shall be provided as notice of the pre -construction meeting (e.g. 72
hours).
STORMWATER MANAGEMENT CONDITIONS
242-1600, Crceat Pond (Lot 1)-Dehullu OOC Spmial Conditions 7 NACC
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DEP FILE # 242 - 1600
53. All construction and post -construction stormwater management shall be conducted in
accordance with supporting documents submitted with the Notice of Intent and as
approved by the NACC in this Order of Conditions.
54. There shall be no increase in the post development discharges from the storm drainage
system or any other changes in post development conditions that alter the post
development watershed boundaries as currently depicted in the Notice of Intent and
approved by this Order of Conditions, unless specifically approved in writing by the
Commission.
55. Water quality in down gradient BV W's shall not differ significantly following
completion of the project from the pre -development conditions. There shall be no
sedimentation into wetlands or water bodies from discharge pipes or surface runoff
leaving the site.
56. The applicants, owners, and their successors and assignees, shall maintain, in
perpetuity, all culverts, collections basins, traps, outlet structures, subsurface storage
areas, and other elements of the drainage system, in order to avoid blockages and
siltation which might cause failure of the system and/or detrimental impacts to on-site
or off-site resource areas, and shall maintain the integrity of vegetative cover on the
site.
DURING CONSTRUCTION
57. IMPORTANT: Immediately upon completion of the house foundation, and prior to
further construction activities associated with the site, the applicant shall complete a
plan prepared by a Registered Professional Land Surveyor of the Commonwealth
(R.P.L.S.) which accurately depicts the foundation location and its proximity to
wetland resource areas as approved under this Order of Conditions. Said plan shall
be submitted to the Conservation Administrator for approval. Failure to comply may
result in a stop work order for the site.
58. Upon beginning work, the applicant shall submit written weekly progress reports
detailing what work has been done in or near resource areas, and what work is
anticipated to be done over the next period. This will update the construction
sequence. Reports shall be submitted in as part of the weekly environmental
monitoring report (see condition #50).
59. Dewatering activities are not proposed as part of the filing. No discharge of water is
allowed directly into an area subject to jurisdiction of the Wetlands Protection Act
and/or the North Andover Wetland Bylaw. If emergency de -watering requirements
arise, the applicant shall submit a contingency plan to the Commission for approval,
which provides for the pumped water to be contained in a settling basin, to reduce
turbidity prior to discharge into a resource area. The "dandy bag' proposed on Sheet 3
242-1600, Great Pond (Lot 1)-Dehullu OOC Spwial Conditions 8 NACC
9/262013
DEP FILE # 242 -1600
of the herein referenced plan set would be acceptable if placed within erosion controls
lined with silt fence. Additional detail must be provided and approved by the
Conservation Department.
60. A temporary construction entrance shall be maintained as detailed on Sheet 3 of the
herein referenced plan. If material is tracked beyond the construction entrance onto
the adjacent roadway, it will be swept up daily.
61. Any fill used in connection with this project shall be clean fill, containing no trash,
refuse, rubbish or debris, including but not limited to lumber, bricks, plaster, wire,
lath, paper, cardboard, pipe, tires, ashes, refrigerators, motor vehicles or parts on any
of the foregoing.
62. All exposed soil finish grade surfaces shall be immediately landscaped (native
plantings per landscape plan) 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 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 approved by
the NACC.
63. 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.
64. There shall be no stockpiling of soil or other materials within one hundred (100) feet of
any resource area. Stockpiled materials shall be maintained within erosion controls.
65. Washings from concrete trucks, or surplus concrete, shall not be directed to, any
drainage system, or wetland resource area. If truck washing is to be done on site an
area shall be designated and approved by the Conservation Department.
66. All waste generated by, or associated with, the construction activity shall be contained
within the limit of work, and away from any wetland resource area. There shall be no
burying of spent construction materials or disposal of waste on the site by any other
means. The applicant shall maintain dumpsters (or other suitable means) at the site
for the storage and removal of such spent construction materials off-site. However, no
trash dumpsters will be allowed within NY of areas subject to protection under the Act
or local ByLaw.
67. Accepted engineering and construction standards and procedures shall be followed in
the completion of the project.
242-1600, Creat Pond (Lot 1) -Dehullu OOC Special Conditions 9 NACC
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68. During and after work on this project, there shall be no discharge or spillage of fuel, or
other pollutants into any wetland resource area. If there is a spill or discharge of any
pollutant during any phase of construction the NACC shall be notified by the
applicant within one (1) business day. No construction vehicles are to be stored within
100 feet of wetland resource areas, and no vehicle refueling, equipment lubrication, or
maintenance is to be done within 100 feet of a resource area.
AFTER CONSTRUCTION
69. No underground storage of fuel oils shall be allowed on any lot within one -hundred
(100) feet of any wetland resource area. This condition shall survive this Order of
Conditions and shall run with the title of the property. This condition is issued under
the authority of the Towns Wetland protection ByLaw.
70. Fertilizers utilized for landscaping and lawn care shall be slow release, low -nitrogen
types (< 5%) and phosphorous free, 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 Towns Wetland
Protection ByLaw and shall remain in perpetuity.
71. There shall be no dumping of leaves, grass clippings, brush, or other debris into a
wetland resource area or within 25 feet of a wetland resource area. This condition
shall remain in perpetuity
72. 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.
73. 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.
74. 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.
242-1600, Gant Pond (Lot 1)-Dehullu OOC Spmal Conditions 10 NACC
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DEP FILE # 242 -1600
g. The DEP file number.
h. A written statement from a Registered Professional Civil Engineer (and/or
Registered Professional Land Surveyor) of the Commonwealth certifying that the
work has been conducted as shown on the plan(s) and documents referenced
above, and as conditioned by the Commission.
L 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 than the entire structure must be depicted to accurately verify
compliance.
➢ "As -Built" post -development elevations and grades of all filled or altered
wetland resource areas including the encompassing buffer zone which is
regulated as a resource area under the local Wetland Protection Bylaw.
Distances from structures to wetland resource areas. Structures include (but
are not limited to) septic systems, additions, fences, sheds, stone walls,
pools, retaining walls, subsurface utilities and decks.
➢ A line showing the limit of work and the extent of existing erosion control
devices. "Work" includes my disturbance of soils or vegetation.
➢ Location of all subsurface utilities entering the property.
75. The following special conditions shall survive the issuance of a Certificate of
Compliance (COC) for this project:
➢ 25' No -Disturbance Zone and a 50' No -Construction Zone shall be
established from the edge of adjacent wetland resource areas as approved
under DEP # 242-1600. In addition the applicant has agreed to a limit of
clearing as shown on the herein referenced plan. Future work within 100' of
existing wetland resource areas will require a separate filing with the NACC
(refer to Section 3.4 of the Regulations for performance standards within
these zones) The Conservation Administrator and/or other agents of the
NACC do not have the authority to waive these setbacks as established
under the local ByLaw;
➢ Stormwater Management System Maintenance (Condition #56)
➢ Discharge or spillage of pollutants (Condition #68);
242-1600, Great Pond (Lot t) -Dehullu OOC Spmial Conditions 11 NACC
9/26/2013
DEP FILE # 242 -1600
➢ Prohibition of underground fuels (Condition #69);
Limitations on the use of fertilizers, herbicides, and pesticides (Conditions
#70);
➢ Prohibition of dumping of leaves, grass clippings, brush, or other debris
(Condition #71).
242-1600, Great Pond (Lot 1)-Dehullu OOC Special Conditions 12 NACC
926/2013
DEP FILE # 242 -1600
APPENDD( A - AFFIDAVIT
on oath do hereby depose and state:
(authorized agent applicant and/or current owner)
(PLEASE CHECK ATLEAST 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.
2._ I am the
&/or
Of
(position with owner) (owner name)
the owner upon whose land Order of Conditions
have been placed up by (DEP or NACC number)
the North Andover Conservation Commission.
&
3. I hereby affirm and acknowledge that I have received said Order of Conditions
and have read the same and understand each
(DIP 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--
1
9_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 act
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)
242-1600, Great Pond (Lot 1)-Dehullu OOC Special Conditions 13 NACC
9262013
Abo arlo Abutter( ) Building Dept. ( ) Conservation ( X ) Zoning ( )
NORTH ANDOVER
REQUIREMENT,
vot.4M,ilear,r1 ord.YipW'paMaam ndnn.a.aea k mb Neplaeluf muntln paid—.
apnea. aans a bM mre[tiv row9b.n any pab4
n.
a invade ry, and al m aewmm
res nwtred g aid) one"ne "", "-a un
paUUonwaa alarde.-the axne ramie api
belv). ml Mdnbndlrp.1 en 1.0.1.wn-1.1. kWed aerrold.' no alc.n,IM planning
mad M an.dry or wen. and had panxre l a
eve y abuwq dry a.1
Sublecf Propermi
MAP
PARCEL
Name
Address
35
4
Sophie Haphey
1159 Gnat Pond Road. Nal Anal Al 01815
Abuffen Andvari
Mao
Parcel
Name
Adeptness
35
4
Sophie Haphey
1159 Great Pond Road. Norm Andover, MA 01845
35
5
Frederik Fontein
1895 Great Pond Road, hard, Andover MA 0180.5
35
11
Mary Ellen Dolph
1815 Great Pond ROxd, NOM Andover, IAA 01845
35
22
Town of North Andover
120 Mein Street, North Andover, MA 01845
35
38
Maryuedte Bill
15 Copley Road. North Andover, MA 01845
35
51
Simonne Marchand
1881 Great Pond Road, North Andover, MA 01845
35
57
Stephen GaIILo
1857 Great Pond Road, North Andover, MA 0180.5
35
85
Masoud Sheikh
135 French Farm Road. North Andover, MA 01845
35
86
Philip DlBeneCedo
123 French Farm Road, North Andover. MA 01845
35
87
Michael Schmitt
111 French Farm Road. North Andover, MA 01 B45
35
08
Robert Samoan
99 French Farm Road, North Andover, MA 01845
35
89
Bran Westwater
81 French Farm Road, North Andover, MA 01045
35
90
Neal Shaplelgh
75 French Farm Road, NOM Antlover. MA 01845
35
91
Michael Salach
63 French Farm Road, NoM Andover, MA 01845
take
CahichdAck
Commomadalth of M
100 Cambridge SVal Boston lie 02202
This certifies that the names appearing on the
records of the Assessors,O ice as of
Certified by: Date /
I, Kenneth Haphey, of North Andover, MA authorize Stephen Dehullu, owner of
Dehullu Homes LLC, of Groveland, MA along with the assistance of his Engineer,
William Holt, to file applications with the Town of North Andover, Zoning, Planning,
Conservation and Building Departments for.the procurement of a Building Permit at my
property known as Lot 1 Great Pond Road, North Andover, MA, Book 1853, Page 33,
337 & 338.
Date
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