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Home My WebLink AboutMiscellaneous - 673 GREAT POND ROAD Massachusetts Department of Environmental Protection Bureau of Resource Protection -Wetlands DEP File Number: a WPA Form 8B — Certificate of Compliance 242-1429 Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 Provided by DEP A. Project Information Important: When filling out 1. This Certificate of Compliance is issued to: forms on the computer, use Curtis R. Young, Wetlands Preservation, Inc. only the tab key Name to move your 47 Newton Road cursor-do not Mailing Address use the return NH 03865 key. Plaistow City/Town State Zip Code Virtab 2. This Certificate of Compliance is issued for work regulated by a final Order of Conditions issued to: Robert H. Farnham, Jr. Name 242-1429 June 17, 2008 Dated DEP File Number 3. The project site is located at: 673 Great Pond Road North Andover Street Address City/Town Map 63 Parcel 27 Assessors Map/Plat Number Parcel/Lot Number the final Order of Condition was recorded at the Registry of Deeds for: Property Owner(if different) Essex North 5563 152 County Book Page Certificate 4. A site inspection was made in the presence of the applicant, or the applicant's agent, on: 8/30/2011 Date wpafrm8b.doc•rev.12/23/09 WPA Form 8B,Certificate of Compliance•Page 1 of 3 1 Massachusetts Department of Environmental Protection r Bureau of Resource Protection -Wetlands DEP File Number: WPA Form 8B - Certificate of Compliance 242-1429 Massachusetts Wetlands Protection Act M.G.L. C. 131, §40 Provided by DEP B. Certification Check all that apply: ® Complete Certification: It is hereby certified that the work regulated by the above-referenced Order of Conditions has been satisfactorily completed. ❑ Partial Certification: It is hereby certified that only the following portions of work regulated by the above-referenced Order of Conditions have been satisfactorily completed.The project areas or work subject to this partial certification that have been completed and are released from this Order are: ❑ Invalid Order of Conditions: It is hereby certified that the work regulated by the above-referenced Order of Conditions never commenced. The Order of Conditions has lapsed and is therefore no longer valid. No future work subject to regulation under the Wetlands Protection Act may commence without filing a new Notice of Intent and receiving a new Order of Conditions. ® Ongoing Conditions: The following conditions of the Order shall continue: (Include any conditions contained in the Final Order, such as maintenance or monitoring, that should continue for a longer period). Condition Numbers: 65 C. Authorization Issued by: North Andover /®J/2/ 11 Conservation Commission Date of I suance ' This Certificate must be signed by a majority of the Conservation Commission and a copy sent to the applicant and appropriate DEP Regional Office (See http://www.mass.gov/dep/about/region/findyour.htm). Signatures: , / 1/ / i i / J tv _Sr' --,•-• , ........_ wpafrm8b.doc•rev.12/23/09 WPA Form 8B,Certificate of Compliance•Page 2 of 3 Massachusetts Department of Environmental Protection Bureau of Resource Protection - Wetlands DEP File Number: WPA Form 8B — Certificate of Compliance Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 242-1429 Provided by DEP D. Recording Confirmation The applicant is responsible for ensuring that this Certificate of Compliance is recorded in the Registry of Deeds or the Land Court for the district in which the land is located. Detach on dotted line and submit to the Conservation Commission. To: North Andover Conservation Commission Please be advised that the Certificate of Compliance for the project at 673 Great Pond Road 242-1429 Project Location DEP File Number Has been recorded at the Registry of Deeds of Essex North County for Property Owner and has been noted in the chain of title of the affected property on Date Book Page If recorded land, the instrument number which identifies this transaction is { If registered land, the document number which identifies this transaction is: Document Number Signature of Applicant wpafrm8b.doc•rev.12/23/09 WPA Form 8B,Certificate of Compliance•Page 3 of 3 `s: � I 0F4.r r10RDTFt 161 O This is to certify that twenty(20)days have elapsed from date of decision,filed *without filing of an appeal. 4. eDate .12/AWZ'�/�/d e#"4, �e�:� :.�. 2008 OCR 23 PM C2 Joyce A.Bradshav✓ 'kg °N E D 04; •ty Town Clerk SSAC HUStt Ti7 1r PLANNING DEPARTMENT %!L1 y1��a�L1s\ c E. Community Development Division 1600 Osgood Street North Andover, Massachusetts, 01845 Bldg. /, o� ZBA NOTICE OF DECISION Con/Com — Health Fire Chief Police Chief Any appeal shall filed Town Clerk DPW/Engineers within (20)days after the Planning "Surrounding Towns" date of filing this notice in the office of the Town Clerk. Date: October 21, 2008 Date of Hearing: October 7,2008, October 21;2008 Date of Decision: October 21,2008 Petition of: Robert H.Farnum,ICB Realty Trust - 673 Great Pond Road North Andover, MA 01845 Premises Affected: 673 Great Pond Road,North Andover,MA,Assessors Map 63,Parcel 27. Referring to the above petition for a Watershed Special Permit from the requirements of the North Andover Zoning Bylaw, Section 4.136: Under Section 4.136.3(b)(ii)(1)of the Bylaw to permit limited activity within the Non-Discharge Zone of the Watershed Protection District So as to construct 374 sq.ft. of heated impervious surface area, including a 64 sq. ft. spa within the 325 foot Non-Discharge Buffer Zone of the Watershed Protection District and the R-1 Zoning District. After a public hearing given on the above date, and upon a motion by Michael Walsh and 2'd by Jennifer Kusek to APPROVE-the Watershed Special Permit for the Watershed Protection District Permit as amended and based upon the following conditions.A unanimouss,vote was made in favor of the application. / /1447 behalf of the N Andover Planning Board Jennifer Kusek , Clerk Michael Walsh Courtney LaVolpicelo Timothy Seibert The Planning Board herein APPROVES the Watershed Special Permit to construct 374 sq. ft. of heated impervious surface area, including a 64 sq. ft. spa within the 325 foot Non-Discharge Buffer Zone of the Watershed Protection District. The project is located at 673 Great Pond Road, North Andover, 1 ' 4 Robert H. Farnum, ICB Realty Trust, 673 Great Pond Road Map 63 Parcel 27 Watershed Special Permit—Construction of Spa and Patio 5) The existing lot conforms to the minimum lot area requirements for a lot within the Residential 1 Zoning District as shown in Table 2 of the North Andover Zoning By-laws. 6) 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 147,644 sq. ft.parcel of land with land fronting on Great Pond Road as shown on a portion of Assessors Map 63, Parcel 27, and also known as 673 Great Pond Road, North Andover, Massachusetts. B) The "Plans" refer to the plans prepared by Morgan Wheelock Inc, 625 Mount Auburn Street, Cambridge, MA 02138 dated August 2008, consisting of Sheets I through 3,,titled "Developed Conditions Site Plan (2 sheets)&Existing Conditions Site Plan,Demoulas Residence". C) The "Project" or "673 Great Pond Road" refers to the construction of 374 sq. ft. of heated impervious surface area, including a 64 sq. ft. spa. D) The "Applicant" refers to Robert Farnham, Jr., ICB Realty Trust, 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 Iimited 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. PRIOR TO THE START OF CONSTRUCTION A) All applicable erosion control measures must be in place and reviewed and approved by the Planning Department. B) It shall be the responsibility of the developer to assure that no erosion on the site shall occur which will cause deposition of soil or sediment upon adjacent properties or public ways,except as normally ancillary to off-site sewer or other off-site construction. Off-site erosion will be a basis for the Planning Board making a finding that the project is not in compliance with the plan; provided, however,that the Planning Board shall give the developer written notice of any such fmding and ten days to cure said condition. C) A bond in the amount of one thousand dollars($1,000.00)shall be posted for the purpose of insuring that the site is constructed in accordance with the approved plan and that a final as-built plan is provided, showing the location of all on-site structures. This bond shall be in the form of a check 3 • Robert H. Farnum,ICB Realty Trust,673 Great Pond Road Map 63 Parcel 27 Watershed Special Permit—Construction of Spa and Patio E) Any action by a Town Board, Commission, or Department, which requires changes in the plan or design of the building, as presented to the Planning Board, may be subject to modification by the Planning Board. F) Any revisions shall be submitted to the Town Planner for review. If these revisions are deemed substantial,the developer must submit revised plans to the Planning Board for approval. G) This Special Permit approval shall be deemed to have lapsed after October 21,2010 (two years from the date permit granted), 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 or k` for good cause. For purposes of this development, the developer shall be deemed to have undertaken substantial use or construction if the developer has begun site . as noted on the Grading,Drainage and Utility Plan, p grading a tree clearing g � ty an, sheet 5 of 10. H) The following information shall be deemed part of the decision: { Plan titled: Developed Conditions Site Plan(2 sheets)&Existing Conditions Site Plan Demoulas Residence 673 Great Pond Road North Andover,Mass. Prepared for: Robert H. Farnum,ICB Realty Trust Prepared by: Morgan Wheelock Inc. 625 Mount Auburn St. Cambridge,MA 02138 Seale: 1"=20' & 1"=40' Date: August,2008 Sheets: .2. ; cc: Town Departments Applicant Engineer Abutters Assessor 5 I• I 3 @ f p10NT1i 1 1 ±. i 4,,,-...,..SS4CHUSe��g CONSERVATION DEPARTMENT Community Development Division NEGATIVE DETERMINATION OF APPLICABILITY SPECIAL CONDITIONS t 673 Great Pond Road, North Andover At the October 13,2010 public hearing, the North Andover Conservation Commission (NACC) voted to t issue a Negative Determination of Applicability for the excavation and removal of an existing gas line and the installation of a new, slightly larger gas line in the Buffer Zone to Isolated Vegetated Wetland (IVW). g' The closest point of work to the IVW is approximately 20-feet. Erosion control is proposed between the adjacent wetland resource area and the gas line installation. The resource area delineation was confirmed by an Order of Resource Area Delineation issued under DEP File #242-1424 in April of 2008. t Applicant: Robert H. Farnham,Jr. g ICB Realty Trust 673 Great Pond Road North Andover,MA 01845 1' Record Documents: Request for Determination of Applicability 673 Great Pond Road, North Andover, Massachusetts Date: October 1, 2010 i Prepared by: Wetlands Preservation, Inc. 47 Newton Road Plaistow,NH 03865 Record Plans: Existing Conditions Site Plan Date: September 5, 2008 i New Gas Line Date: Sep 21, 2010 , Prepared by: Morgan Wheelock Inc. Stamped by: Christopher J. Dindal, Registered Landscape Architect Pre-Construction + Erosion controls shall be installed per the approved plan. '` 1600 Osgood Street,Building 20,Suite 2-36,North Andover,Massachusetts 01845 Phone 978.688.9530 Fax 978.688.9542 Web:http://www.townofnorthandover.com/Pages/NAndoverMA_Conservation/index f i The applicant shall contact the Conservation Department prior to the start of work to inspect the installed erosion controls. During Construction •• Excess material and construction debris shall be properly disposed of off site and stockpiled material shall be stored between the trench and the driveway. Post Construction + Immediately following completion of the work, any disturbed areas shall be permanently stabilized against erosion (loam and seed or sodded as seasonally appropriate). + Upon completion of all requirements, the Conservation Department shall be contacted to conduct a .� final site inspection. } 1600 Osgood Street,Building 20,Suite 2-36,North Andover,Massachusetts 01845 Phone 978.688.9530 Fax 978.688.9542 Web:http://www.townofnorthandover.com/Pages/NAndoverMA_Conservation/index . ILLMassachusetts Department of Environmental Protection Bureau of Resource Protection -Wetlands WPA Form 2 — Determination of Applicability Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 1 A. General Information Important: When filling out From: forms on the North Andover F computer, use Conservation Commission only the tab key to move To: Applicant Property Owner your cursor- p y (if different from applicant): do not use the ICB Realty Trust return key. Name Name 673 Great Pond Road 46( Mailing Address Mailing Address North Andover MA 01845 l, ..:=K.... City/Town State Zip Code City/Town State Zip Code 1. Title and Date(or Revised Date if applicable) of Final Plans and Other Documents: Existing Conditions Plan Sept. 5, 2008 It Title Date I New Gas Line Sept. 21, 2010 Title Date 1 Title Date 2. Date Request Filed: 10/1/10 B. Determination Pursuant to the authority of M.G.L. c. 131, §40, the Conservation Commission considered your Request for Determination of Applicability, with its supporting documentation, and made the following 4' Determination. Project Description (if applicable): Removal of existing gas line and installation of new slightly larger gas line within the 100' Buffer Zone "t to wetland resource areas(as established by the ORAD issued under DEP File#242-1424). Trench will be 1.5 feet wide and approximately 3 feet deep. Erosion control is proposed between all excavation and downgradient resource areas. k= Project Location: fi 673 Great Pond Road North Andover Street Address City/Town Map 63 Parcel 27 i` Assessors Map/Plat Number Parcel/Lot Number , wpaform2.doc•Determination of Applicability•rev.10/6/04 Page 1 of 5 ( . ! LMassachusetts Department of Environmental Protection Bureau of Resource Protection -Wetlands 1 WPA Form 2 - Determination of Applicability z Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 x B. Determination (cont.) t; s` The following Determination(s)is/are applicable to the proposed site and/or project relative to the Wetlands Protection Act and regulations: i Positive Determination I Note: No work within the jurisdiction of the Wetlands Protection Act may proceed until a final Order of Conditions(issued following submittal of a Notice of Intent or Abbreviated Notice of Intent)or Order of Resource Area Delineation (issued following submittal of Simplified Review ANRAD) has been received t from the issuing authority(i.e., Conservation Commission or the Department of Environmental Protection). (>, t; ❑ 1. The area described on the referenced plan(s) is an area subject to protection under the Act. Removing,filling, dredging, or altering of the area requires the filing of a Notice of Intent. }' ; ❑ 2a. The boundary delineations of the following resource areas described on the referenced plan(s)are confirmed as accurate. Therefore,the resource area boundaries confirmed in this Determination are binding as to all decisions rendered pursuant to the Wetlands Protection Act and its regulations regarding such boundaries for as long as this Determination is valid. d El 2b. The boundaries of resource areas listed below are not confirmed by this Determination, regardless of whether such boundaries are contained on the plans attached to this Determination or gg gt to the Request for Determination. t ❑ 3. The work described on referenced plan(s)and document(s) is within an area subject to protection under the Act and will remove, fill, dredge, or alter that area. Therefore, said work requires the filing of a Notice of Intent. ❑ 4. The work described on referenced plan(s) and document(s) is within the Buffer Zone and will alter an Area subject to protection under the Act. Therefore, said work requires the filing of a Notice of Intent or ANRAD Simplified Review(if work is limited to the Buffer Zone). t ❑ 5. The area and/or work described on referenced plan(s)and document(s) is subject to review and approval by: Name of Municipality Pursuant to the following municipal wetland ordinance or bylaw: I g. Name Ordinance or Bylaw Citation i i wpaform2.doc•Determination of Applicability•rev.10/6/04 Page 2 of 5 i ( LMassachusetts Department of Environmental Protection Bureau of Resource Protection -Wetlands 1 WPA Form 2 - Determination of Applicability Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 B. Determination (cont.) ❑ 6. The following area and/or work, if any, is subject to a municipal ordinance or bylaw but not subject to the Massachusetts Wetlands Protection Act: * f ❑ 7. If a Notice of Intent is filed for the work in the Riverfront Area described on referenced plan(s) and document(s), which includes all or part of the work described in the Request, the applicant must consider the following alternatives. (Refer to the wetland regulations at 10.58(4)c. for more i' information about the scope of alternatives requirements): e ❑ Alternatives limited to the lot on which the project is located. ❑ Alternatives limited to the lot on which the project is located, the subdivided lots, and any adjacent lots formerly or presently owned by the same owner. ❑ Alternatives limited to the original parcel on which the project is located, the subdivided parcels, any adjacent parcels, and any other land which can reasonably be obtained within the municipality. is ,v ❑ Alternatives extend to any sites which can reasonably be obtained within the appropriate 4 region of the state. P' Negative Determination Note: No further action under the Wetlands Protection Act is required by the applicant. However, if the Department is requested to issue a Superseding Determination of Applicability, work may not proceed on this project unless the Department fails to act on such request within 35 days of the date the request is post-marked for certified mail or hand delivered to the Department. Work may then proceed at the owner's risk only upon notice to the Department and to the Conservation Commission. Requirements for requests for Superseding Determinations are listed at the end of this document. ❑ 1. The area described in the Request is not an area subject to protection under the Act or the ::1! Buffer Zone. ii ❑ 2. The work described in the Request is within an area subject to protection under the Act, but will not remove, fill, dredge, or alter that area. Therefore, said work does not require the filing of a I Notice of Intent. ® 3. The work described in the Request is within the Buffer Zone, as defined in the regulations, but will not alter an Area subject to protection under the Act. Therefore, said work does not require the filing of a Notice of Intent, subject to the following conditions (if any). See attached conditions ❑ 4. The work described in the Request is not within an Area subject to protection under the Act (including the Buffer Zone). Therefore, said work does not require the filing of a Notice of Intent, unless and until said work alters an Area subject to protection under the Act. wpaform2.doc•Determination of Applicability•rev.10/6/04 Page 3 of 5 LMassachusetts Department of Environmental Protection Bureau of Resource Protection - Wetlands 1 WPA Form 2 — Determination of Applicability Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 B. Determination (cont.) ❑ 5. The area described in the Request is subject to protection under the Act. Since the work described therein meets the requirements for the following exemption, as specified in the Act and the regulations, no Notice of Intent is required: Exempt Activity(site applicable statuatory/regulatory provisions) ❑ 6. The area and/or work described in the Request is not subject to review and approval by: t Name of Municipality ' Pursuant to a municipal wetlands ordinance or bylaw. I' North Andover Wetlands Protection Bylaw Chapter 178 t` Name Ordinance or Bylaw Citation '' t. C. Authorization This Determination is issued to the applicant and delivered as follows: ❑ by hand delivery on by certified mail, return receipt requested on ` E /o%9/w '` Date Date This Determination is valid for three years from the date of issuance(except Determinations for t Vegetation Management Plans which are valid for the duration of the Plan). This Determination does not relieve the applicant from complying with all other applicable federal, state, or local statutes, ordinances, bylaws, or regulations. t This Determination must be signed by a majority of the Conservation Commission. A copy must be sent to the appropriate DEP Regional Office (see http://www.mass.gov/dep/about/region.findyour.htm)and the property owner(if different from the applicant). is Sig re,: �r� 4/r'f �� It1 �� 1.- , _,,,__ , 6,,,t _k_g,_-0 r ll s'Y' /i/ / , /0/1/qp0 , Date wpaform2.doc•Determination of Applicability•rev.10/6/04 Page 4 of 5 •' t i i; LMassachusetts Department of Environmental Protection €' Bureau of Resource Protection -Wetlands 1 WPA Form 2 - Determination of Applicability Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 D. Appeals The applicant, owner, any person aggrieved by this Determination, any owner of land abutting the land upon which the proposed work is to be done, or any ten residents of the city or town in which such land is located, are hereby notified of their right to request the appropriate Department of Environmental Protection Regional Office(see http://www.mass.gov/dep/about/region.findyour.htm)to issue a Superseding Determination of Applicability. The request must be made by certified mail or hand delivery to the Department, with the appropriate filing fee and Fee Transmittal Form (see Request for i Departmental Action Fee Transmittal Form) as provided in 310 CMR 10.03(7)within ten business days from the date of issuance of this Determination. 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. The request shall state clearly and concisely the objections to the Determination which is being appealed. To the extent that the Determination is based on a municipal ordinance or bylaw and not on the Massachusetts Wetlands Protection Act or regulations, the Department of Environmental Protection has t no appellate jurisdiction. k' f k v. }S: wpaform2.doc•Determination of Applicability•rev.10/6/04 Page 5 of 5 of ( ElMassachusetts Department of Environmental Protection ,x Bureau of Resource Protection -Wetlands Request for Departmental Action Fee Transmittal Form Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 A. Request Information Important: When filling out 1. Person or party making request(if appropriate, name the citizen group's representative): is forms on the computer, use Name only the tab key to move your cursor- Mailing Address do not use the return key. City/Town State Zip Code Phone Number Fax Number(if applicable) Project Location ,. Mailing Address City/Town State Zip Code 2. Applicant(as shown on Notice of Intent(Form 3),Abbreviated Notice of Resource Area Delineation (Form 4A); or Request for Determination of Applicability(Form 1)): Name Mailing Address City/Town State Zip Code Phone Number Fax Number(if applicable) 3. DEP File Number: B. Instructions 1. When the Departmental action request is for(check one): ❑ Superseding Order of Conditions($100 for individual single family homes with associated structures; $200 for all other projects) ❑ Superseding Determination of Applicability($100) ❑ Superseding Order of Resource Area Delineation ($100) Send this form and check or money order for the appropriate amount, payable to the Commonwealth of Massachusetts to: Department of Environmental Protection f` Box 4062 Boston, MA 02211 wpaform2.doc•Request for Departmental Action Fee Transmittal Form•rev.10/6/04 Page 1 of 2 Massachusetts Department of Environmental Protection ;. Bureau of Resource Protection -Wetlands Request for Departmental Action Fee Transmittal Form Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 l: B. Instructions (cont.) 2. On a separate sheet attached to this form, state clearly and concisely the objections to the Determination or Order which is being appealed. To the extent that the Determination or Order is based on a municipal bylaw, and not on the Massachusetts Wetlands Protection Act or regulations, the Department has no appellate jurisdiction. 3. Send a copy of this form and a copy of the check or money order with the Request for a Superseding Determination or Order by certified mail or hand delivery to the appropriate DEP Regional Office(see http://www.mass.qov/dep/about/region/findvour.htm). 4. A copy of the request shall at the same time be sent by certified mail or hand delivery to the Conservation Commission and to the applicant, if he/she is not the appellant. Nyy wpaform2.doc•Request for Departmental Action Fee Transmittal Form•rev.10/6/04 Page 2 of 2