HomeMy WebLinkAboutMiscellaneous - 143 LACY STREET 0 Massachusetts Department of Environmental Protection Provided by MassDEP:
Bureau of Resource Protection-Wetlands MassDEP File#:242-1628
WPA Form 5-Order of Conditions eDEP Trsnsactiong:695137
Massachusetts Wetlands Protection Act M.G.L.c. 131,§40 City/1'oom NORTH ANDOVER
A. General Information
1.Conservation Commission NORTH ANDOVER
2.Issuance a P DOC b.F- Amended OOC
3.Applicant Details
a Fkstblame STEPHANIE b.Last Name O'MAHONY
c.Organianon CGTLACYTRUST
d.Mailing Address 143 LACY STREET
e.City/Fown NORTH ANDOVER Estate MA g.Zip Code 01845
4.Property Owner
a First Name STEPHANIE b.Last Name O'MAHONY
c.Otgarmation CGTLACYTRUST
d.Mailing Address 143 LACY STREET
own NVKJHA1VLAJVLK f State MA ---- gp or a 0184F-
5.Project Location
a Street Address 143 LACY STREET
b.City/Fown NORTH ANDOVER c.Zip Code 01845
d.Assessors Map/Plat# 105D e.PanelLoW 167
f Latitude 42.65313N g.Longitude 71.04474W
6.Property recorded at the Registry of Deed for:
a.County b.Certificate c.Book d.Page
NORTHERN ESSEX 11789 24
7.Dau s
a.Date NOI Filed:926/2014 b.Daze Public Hearing Closed: 10/8/2014 c.Data OfIssmance: 10/23/2014
S.Final Approved Plans and Other Documents
a.Plan Title: b.Plan Prepared by: c.Plan Signed/Stamped by: d.Revised Final Daft: e.Scale:
SITE PLAN OF MERRIMACK
LAND ENGINEERING VLADIMIR NEMCHENOK 9-14-14 1"=20'
SERVICES
B. Findings
LFindings pursuant to the Massachusetts Wetlands Protection Act
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0 Massachusetts Department of Environmental Protection Provided by MasvDEP:
Bureau of Resource Protection-Wetlands MasvDEP File#:242-1628
WPA Form 5-Order of Conditions eDEP Transaction#:695137
Massachusetts Wetlands Protection Ad M.G.L.c. 131,§40 City/fown:NORTH ANDOVER
Following the review of the the above-referenced Notice of Intent and based on the information provided in this application and
presented in the public bearing,this Commission finds that the areas in which work is proposed is significant on the following mtaeds of
the Wetlands Protection Ad.
Check all that apply:
a F Public Water Supply b. r Lad Containing Shellfish c.r Prevention of Pollution
d. F Private Water Supply e. F Fisheries f. F Protection of Wildlife Habitat
g. F Ground West Supply h. F Storm Damage Prevention i. f Flood Control
2.Commission hereby fads the project,as proposed,or
Approved subject to:
a F The following conditions which are necessary in accordance with the performance standards set forth in the wetlands regulations.
This Commission orders die all work shall be performed in accordance with the Notice of Intentrefertnced above,the following
General Conditions,and my other special conditions attached to Oris Order.To the extern that the following conditions modify or
differ man the plans,specifications,orothmproposals subtitled with the Notice of Intent these conditions shall control.
Denied because:
b.r The proposed work cannot be conditioned m medthe performance standards set forth in the wetland regulations.Therefore,
work on this project may not go forward unless and until a new Notice of Intent is submitted which provides measures which are
adequate in protect interests of the Act,and a find 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 One she,the work or the effect of the work on the interests
identified in the Wetlands Protection Act Therefore,work ondiis project may not go forward unless and until a revised Notice of
leen is submitted which provides sufficient information and includes measures which are adequate to protea the interests of the
Imspsadir irRwnmriorrwlddrisfaekiagand-wlryitis--
necessary is attached to this Order as per 310 CMR 10.05(6)(c).
3.r Buffer Zone lmpacts:Sbortest distance between limit of project disturbance and the wetland resource 50
mea specified in 3 I0CMRI002H)(a). a Wear feet
Inland Renorca Area Impads:(For Approvals Only):
Resource Area Proposed Permitted Proposed Permitted
Alteration Alteration Replacement Replacement
4. rBnk
alinearfeet b.hh feet elmearfeet dFmearfeet
5.r Bordering Vegetated Weiland
a square fed b.square feet c.square fed d.square feet
6. rLand under Watebodta and Waterways
a square fed Is.spume fed a apnreSed d.square fed
e.cty dredged f cty dredged
7.r Bordering Lard Subject to Flooding
a square feet b.square feet c.square feet d.square feet
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Massachusetts Department of Environmental Protection Provided by MassDEP:
Bureau of Resource Protection-Wetlands MwsDEP File 4:242-1628
L I
WPA Form 5-Order of Conditions eDEP Trmswelon#:695137
Massachusetts Wetlands Protection Act M.G.L.c. 131,§40 Oly/fown:NORTH ANDOVER
Cubic Feet Flood Storage
e.cubic fed f cubs feet g.cubic feet h.cubic feet
8.r Isolated Land Subject O Flooding
a square fee[ b.square fed
Cahn;Feet Flood Stocage
acubwfe dabkfcet e.cubic fed fcuhicfea
9.r RiverfmntAm
7-W Ws1.feet b.Oral sq.feel
Sq ftwklda 100 It
c.square fcet d.square fat e.square feet £square feet
Sq R between 100-200 R
g.square feet h.square fat i.square feet j.square feet
Consist Resource Area Impacts:
Resource Area Proposed Permitted Proposed Permitted
Alteration Alteration Replacement Replacement
10.r DesignatedParl Arms hdicee she anderLaodUoder theOcean,below
11.r land Under the Ocean
a square fed b.square feet
c c!3'dre g�dMMedg�
12.r BanierBeacles hXhGm sire aoderCoasOl Beadcs and/or CoasW Danes below
13.r Coastal Beaches
a square feet b.square feet c dy nourishment d.dy nourishment
14.r coastal Danes
a Naarefeet b.squae feet a Oy naaishoent d dy nacalsocu
15.r Coastal Banks
a Im=feet b.linear feet
16.r Rocky haatidd Shores
asquarefeet b.square tax
17.r Salt Marshes
a square feet b.square fed c.square feet d.square feet
I&r Istel Under SatPonds
asquarefeet b.squat fed
c.dy dredged d.c3y dredged
19.r land Contanang Shellfish
a square feet b.square fcel c.square fed d.square feet
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Massachusetts Department of Environmental Protection Provided by MassDEP:
Bureau of Resource Protection-Wetlands MassDEP File 4:242-1628
WPA Form 5-Order of Conditions eDEP Transaction 4:695137
Massachusetts Wetlands Protection Act M.G.L.c. 131,§40 City/fown:NORTH ANDOVER
Indicate Sint under Coastal Batds,inland Bank,Land Under the
20.r FahR= Ocean,and/or inland Land Under Watefiodies and Waterways,
above
u c/Y
dredged d.c/y dredged
21.r Land Subject to Coastal Storm Flowage
a square feet b.squaw feet
22
r Restoration/Enhancement(For Approvals Only)
If the project is for the purpose of restoring ar enhancing a wetland resource area in addition to the square footage that has been
entered in Section B.5.c&d or B.17.c&d above,please entered the additional amount here.
a square feet ofBV W b.square feet of Ssit Marsh
23.
r Streams Crossing(s)
Ifthepmjm involves Stream Crossings,please enter thenumberofnew same crossioWna derafrephmnem man crossings,
a numberofnew stream crossings b.number of replacement stream erossings
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 staattes and other regulatory measures,shall be deemed
2. The Order does not gram any property rights OF my exclusive privileges;it does not authorize any injury to private property ar
invasion of private rights.
3. This Order does not relieve the penriaee army other person of the necessity of complying with all other applicable federal,
state,or local sta res,ordinances,bylaws,or regulations.
4. The work authorized hereunder shall be completed within time years from the data ofthis Order unless either of thefollowing
apply:
a the work is amaintenance dredging project as provided for in theAcC or
b.the time for completion has been extended to a specified dare more than dam years,but has than five
years,from the date of issuance.If Us Order is intended to be valid for more than three years,the
extension date and the special circumstance 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 rate or more periods of up to three years each upon application to the
issuing authority a least 30 days prior to the expiration date of the Order.
6. Ifthis Oderconsaattes an Amended Order of Conditions,this Amended Order of Ccnditions does not exceed the issuance
date of the original Final Order of Conditions.
T Any fit used m connection with this project shall be clean fill.Any fill shall contain no trash,refuse,rubbish,a debris including
bat not limited to lumber,bricks,plaster,wine,lath,paper,cardboard,pip,tires,ashes,refrigerators,moor vehicles,or pans of
any of the foregoing
8. This Order is not find unfit all administrative appeal periods from this Order have elapsed,or if such an appeal has been taken,
until all proceedings before the Deparmad have been completed.
9. No work shall be undertaken until the Order bas becmnefmal and then has been recorded in the Registry of Deeds or the Land
Court for the district in which the land's located,within the drain of title of the affected property.In the case of recorded land,
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0 Massachusetts Department of Environmental Protection Provided by MassDEP:
Bureau of
oro, - Protection-Wetlands MassaDEP Transaction
File#:242-1628
WPA Form 5-Order of Conditions eDEP Transection#:695137
Massachusetts Wetlands Protection Act M.G.L.c. 131,¢40 City/fown:NORTH ANDOVER
the Final Order shall also be noted in the Registrys Grantor hides:order the name of the owner of the land upon which the
proposed work is to be done.In the case of the registered land,die 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
w the Conservation Commission on the format the end of this Order,which form most be stamped by the Registry of Deeds,
priorto the commencement ofwotk.
10. A signshall be displayed mthe site not less then two square fact or more than three square feet in sire bearing the words,
"Massachusetts Department ofEnvhonmemzl Prosection"
tor'MassDEP"]
File Number:"242-1628"
11. Where the Depadrnent of Environmental Protection is requested to issue a Superseding Order,the Conservation Commission
shall be a party he all agency proceedings and bearings before Mass DEP.
12. Upon completion of the work described herein,die applicant shall submit a Request for Certificate ofCompliance(WPA Form
8A)to the Conservation Commission.
13. The work shall conform to the plans and special conditions referenced in thisordm.
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 Innen
15. The Agent remembers of the Conservation Commission and the Department of Environmental Promotion shall have the nghtno
enter and inspect the area subject m this Order a reasonable hours In evaluate compliance with the conditions stated in this
Order,and may require the submittal of any data deemed necessity by the Conservation Commission orDepartment for that
evaluation
16. This Order ofCondidons shall applyto any successor in interest or successor in control of the property subject m this Order and
to army contractor or other person performing work conditioned by this Order.
17. Prior to the start ofwork,aid if the project involves wok adjacentto 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 wettand
_nadazy-madardiaREemanmuredmmekaEertiSe�effnmp6encehaebecrtiaued-byihe£anxwatian£amniissiaic —._.______._._.
18. All sedimentation barriers shall be maintained in good repairunfil all disturbed areas have been fully stabilized with vegetation or
other means.At no time shall sediments be deposited in a wetland mwaterbody.During conshruaimr,the applicant or hivher
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 require additional erosion and/or damage prevention controls it may deem necessary.
Sedimentation him.shall serve as the limit of work unless another limit of wok line has been approved by this Order.
NOTICE OF STORMWATER CONTROL AND MAINTENANCE REQUIREMENTS
19. The work associated with[Itis Order(the"Project")is(1) r is act(2)F subject to the Massachusetts Stonnwater Standards.
If the work is subject to Stormwnear Standards,then the project is subject to the following conditions;
a) All wok,including site preparation,land disturbance,construction and redevelopment,shall be implemented in accordance
with the construction period pollution prevenient and erosion and sedimentation control plan and,if applicable,the
StomiwaterPollution Prevention Plan regnhed by the National PollutantDischage Elimination System Construction General
Permit as required by Stmmwater Standard 8.Construction period erosion,sedimentation and pollution control measures and
best managementpractices(BMPs)shall remain in place until the site is fully stabilized.
b) No stonmweter nmoffmay be discharged to the post-construction stormwater BMPs unless and until a Registered
Professional Engineer provides a Certification that f all construction period BMPs have been removed m 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 stornwater attenuation,recharge,and/or treahnent,the conversion is allowed by the MassDEP Stormwater
Handbook BMP specifications and that the BMP has been property cleaned m prepared for post concoction operation,
Including removal of all construcfioi period sediment hipped in Wet and hand control stn Ames;a.as-built fatal construction
BMP plans are included,signed and stamped by a Registered Professional Engineer,certifying the site is fully stabilized;di.
any illicit discharges to the stommwatermanagement system have been removed,as per the requirements ofS ormwater
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0 Massachusetts Department of Environmental Protection Provided by Mas&DEP:
Bureau of Resource Protection-Wetlands MmDEP File#:242-1628
MTA Form 5-Order of Conditions eDEP Transaction#:695137
Massachusetts Wetlands Protection Act M.G.L.c. 131,§40 Clty/fown:NORTH ANDOVER
Standard 10;iv.all post-construction stormwnter BMPs are installed m accordance with the plans(including all planting
plans)approved by the issuing authority,and have been inspected an 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 wdhsmnd
erosion.
c) The landowner is responsible for BMP maintenance until the issuing authority is notified that number 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 Stonnwater BMPs identifying the party responsible for
implementing the sta mwater BMP Operation and Maintenance Plan("O&M Plan")and certifying the fallowing:i.)the O&M
Plan is complete and will be implemented upon receipt of the Cardinale of Compliance,and ii.)the future responsible parties
shall be notified in writing of their ongoing legal resposuabili"operate and maintain the stmmwater management BMPS and
implement the StommvaterPollution Prevention Plan.
d) Post-com9uctian pollution prevention and source amount shall be implemented in accordance with the long-term pollution
prevention plan section of the approved Swnnwater Report and,if applicable,the SharawaterPollution Prevention Plan
regutred by the National PoWbarl 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 Us presumption,the landowner of the property must submit m the
issuing authority a legally binding agreement of record,acceptable to the issuing authority,evidencing that another entity has
accepted responsibility for maintaining the HMP,and that the proposed responsible party shall be treated as apermim a fer
purposes of implementing the requirements of Conditions 19(f)through 19(k)with respect to that BMP.Any failure of the
proposed responsible party an implement the requirements of Conditions 19(f)through 19(k)with respect W that BMP shall
be a violation of the Order of Conditions or Certificate of Compliance.In the case of stormwater BMPS dw are serving more
than one lot,the legally binding agreement shall also identify the lots that will be serviced by the srormwaterBMPs.Aplan and
easement dad that grants the responsible party access to perform the required operation and maintenance must be submitted
along with the legally binding agreement
__- heli e�puzyr onrn - - —
and the requirements of the Massuchuseas Stonnwatcr Handbook.
g) The responsible party shall:
1.Maintain an operation and maintenance log for the last done(3)consecutive calendar years of inspections,repairs,
maintenance and/or replacement of the stonnwater management system or any part droreof,and disposal(fer disposal the
log shalt indicate the type of material and the disposal location);
2.Make the maintenance log available mMassDEP and the Conservation Commission("Commission")upon request and
3.Allow members and agents of the NIMDEP 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 renamed from sNrrnwater BMPS shall be disposed of in accordance with all applicable
federal,state,and local laws and regulations.
) Olicit discharges to die stormoner management system as defined in 310 CMR 10.04 are prohibited.
j) The stomnwater management system approved in the Order ofConditions.shall nm be changed without the prior written
approval of the issuing audmrity.
k) Areas designated as qualifying pervious areas for the purpose of the Low Impact Site Design Credit(as defined in the
MassDEP Stormwaffi Handbook,Volume 3,Chapter 1,Low Impact Development Site Design Credits)shall not be Shared
without the priorwrnten approval ofthe issuing authority.
) Access for maintenance,repair,and/or replacement ofBMPs shall not be withheld.Any fencing constructed around
stomnwamrBMPs shall include aceess gates and shall be a[leas[six inches above grade to allow for wildlife passage.
Special Conditions:
SEEATTACHED.
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LOMassachusetts Department of Environmental Protection Provided by MassDEP:
Bureau of Resource Protection-Wetlands MassDEP Fil.4242-1628
WPA Form 5-Order of Conditions eDEP Tn fion#:695137
Massachusetts Wetlands Protection Act M.G.L.c. 131,§40 Cdy/Ibvm:NORTH ANDOVER
Page 7 of 10•ELECTRONIC COPY
Massachusetts Department of Environmental Protection Provided by MwsDEP:
Bureau of Resource Protection-Wetlands MassDEP File 9:242-1628
L I WPA Form 5-Order of Conditions eDEP Transaction M:695137
Massachusetts Wetlands Protection Act M.G.L.c. 131,§40 City/1'ownNORTH ANDOVER
A Findings Under Municipal Wetlands Bylaw or Ordinance
1. Is a municipal wetlands bylaw or ordinance applicable?F Yes F No
2. The Conservation Commission hereby(check one that aWlies):
a F DENIES the proposed work which cannot be conditioned to
meet the standards set forth in a municipal ordinance or bylaw
specifically
1.Municipal Ordinance or Bylaw 2.Carman
Therefore,work on this project may not go forward unless and until a revised Notice of Intent is submitted which provides
measures which are adequate to meet these standards,and a final Order or Conditions is issued.Which are necessary to
comply with a municipal ordinance or bylaw:
b. APPROVES the proposed work subectto the following
8
additional conditions.
NORTH ANDOVER
1.Municipal Ordinance or Bylaw WETLANDPROTECTION
2.Citation CHAPTER 178
BYLAW
3. The Commission orders that all work shall be performed in accordance with the following conditions and with the Notice of
Nrentrefaenced above.To the exteradenNe following conditions modify or differ from the plans,specificefions,or other
proposals submitted with the Notice of Intent,the conditions shall control.
The special conditions relating to municipal ordinance or bylaw are as follows:
__._.._gEATTACFIE�
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0 Massachusetts Department of Environmental Protection Provided by MMcDEP:
Bureau of Resource Protection-Wetlands MassDEPFile#:242-1628
WPA Form 5-Order of Conditions eDEP Transection#:695137
Massachusetts Wetlands Protection Act M.G.L.c. 131,§40 Cily/fown:NORTH ANDOVER
E. Signatures / 7 /
This Order is valid for three years fins sm
the date ofiance,rates,otherwise specified �(� � �p— f 7
pursuant to General Condition#4.If this is an Amended Order ofConditlons,the Amended 1.DateofOri ' al Order fff
Order expires on the same data as the original Order of Conditions.
Please indicate the numberofinembers whowdl sign thus form.This Order must be signed by 2NumberofSigners
a majority of the Conservation Commission.
The Order most be mailed by certified mail(reman receipt requested)or hand delivered to the applicant.A copy also most be mailed
or hand delivered at the same time to the appropriate Depvtrnent of Environmental Protection Regional Office,ifnot filing
electronically,and the property owner,ifdifferent from applicant
Signatures:
F by hand delivery on r ay certified mail,return receipt requested,on
Daze Date
F. Appeals
The applicant,the owner,any person aggrieved by this Order,my owner oflmhd abutting the land subject to this Order,or any ten
residents ofthe city or town in which such land is located,are hereby notified oftheh right to request the appropriate Ma%DEp
Regional Office m issue a Superseding Order ofConditions.The request most be made by certified mail orhand delivery to the
Department,with the appropriate filing fee and acompletod Request forDepaMremal Action Fee Trenanital Form,as provided in
310 CMR 10.03(7)within ten business days tram the date of issuance ofthis Order.A copy ofthe request shall az the same time be
sent by certified mail orhand delivery to the Conservation Commission and lathe applicam,ifhesahe 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 ofthis project.Previous participation in the permit proceedingmes nsthe submission ofwriten information to
the Conservation Com rossionpriorto are close ofthe public hearing requesting a Superseding Order,orproviding 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 appealed and how the Order does not
contribute Nthe protection ofthe interests identified in the Massachusetts Wedanis Protection Act(MG.L.c.131,§40),and is
inconsistent with the wetlands regulations(310 CMR 10.00).Tote extent that the Order is based on amunicipal ordinance or bylaw,
and not on the Massachusetts Wetlands Protection Ad orregulations,the Deparume Chas an appellatejurisdiction.
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L1Massachusetts Department of Environmental Protection Provided by MassDEP:
Bureau of Resource Protection-Wetlands MassDEP File#:242-1628
WPA Form 5 -Order of Conditions eDEP Tmnsartion#:695137
Massachusetts Wetlands Protection Act M.G.L.c. 131,§40 City/Fown:NORTH ANDOVER
G. Recording Information
This Order of Conditions most be recorded in the Registry of Deeds or the Land Conrt for the district in which the lend is located,
within the chain of title of the affected property.N the case of recorded lan4 the Final Order shall also be noted in the Registry's
Grantor Index under the name of the owner of the land subject b the Order.In the case of registered land,this Order shall also be
noted on the Land Cour 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 Comnision listed below.
NORTH ANDOVER
ConservationComumisdon
Detach on dotted line,have stooped by the Registry of Deeds aid submit to the Conservation Commission
..........................................................................................................................................................................................................
Tu
NORTH ANDOVER
Conservation Com usim
Please be advised that the Order of Conditions for the Project at:
143 LACY STREET 142-1628
Project Location MassDEPFila Number
Has been recorded m the Registry of Deeds of.
County Book Page
Property Owner STEPHANIEOMAHONY
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:
Dare
If recorded land,the instrument number identifying this transaction is:
hemorrem Number
Ifregiriered land,the document number identifying this transaction is
Document Number
SignaNreofApplicant
Page 10 of 10•ELECTRONIC COPY
DEP FILE#242-1628
Therefore,the North Andover Conservation Commission(hereafter the "NACU)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 r 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: replacement of a failed existing subsurface disposal
system and installation of a distribution box,leach field and associated grading. The
proposed system is located within 100 feet of a Bordering Vegetated Wetland.
21.The work shall conform to the following(except as noted in the remainder of this
document where revisions may be required):
Notice of Intent filed by: Steven Eriksen
Norse Environmental Services, Inc.
92 Middlesex Road-Unit 4
Tyngsboro, MA 01879
Applicant/PropertyOwner: Stephanie and John O'Mahony
CGT Lacy Trust
—i43-LaC-y- treet
North Andover, MA 01845
Site Plans prepared by: Merrimack Engineering Services
66 Park Street
Andover, MA 01810
Title: Site Plan of Land
Dated: 9-17-14
Signed and Stamped by: Vladimir L. Nemchenok,P.S.
Wetland Delineation by: Norse Environmental Services,Inc.
Delineated: August 2014
Other Record Documents: Letter from Thomas W. French,Ph.D.
Assistant Director
Division of Fisheries &Wildlife
Dated: October 08,2014
NHESP Tracking No.:14-33732
242-1621,Lacy Street 143 OOC I NACC 102212014
DEP FILE#242- 1628
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
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 thi
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.
242-1628,Lacy street 143 OOC 2 NACC 1022/2014
DEP FILE#242 - 1628
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. This Order of Conditions is issued in addition to those issued under File No. 242-745.
This File received a Certificate of Compliance on 6/10/2009. An ORAD also issued for
the project under DEP File#2424518 on 6/23/2011.
32. 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).
33. The following wetland resource area is affected by the proposed work: Buffer-Zone to
Bordering Vegetated Wetland. 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.
34. The NACC agrees with the applicant's delineation of the wetland resource areas
(Wetland Flags 1-A to 9-A)as shown on the plans dated referenced herein as well as
the associated buffer zone. Additional resource areas exist on site but are not
delineated for the purposes of this project.
35. 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-Build Zone shall be established from the
edge of the adjacent wetland resource area as shown on the herein referenced plan. At
the time of inspection the demarcated No-Disturbance Zone was mowed. This activity
is not allowed and will be discontinued in accordance with the OCC issued under
DEP File #242-745. 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).
36. This document shall be included in all construction contracts, subcontracts,and
specifications dealing with the work proposed and shall supersede any conflicting
contract requirements. The applicant shall assure that all contractors,subcontractors,
and other personnel performing the permitting work are fully aware of the permits
terms and conditions. Thereafter,the contractor will be held jointly liable for any
violation of this Order resulting from failure to comply with its conditions.
37. 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.
242-1628,Lacy Street 143 OOC 3 NACC 10/23/2014
DEP FILE#242- 1628
PRIOR TO CONSTRUCTION
38. No work shall be undertaken until all administrative appeal periods from this Order
have elapsed or,if such an appeal has been filed,until all proceedings before the
Department or Court have been completed.
39. This Order shall be recorded by the applicant at the Registry of Deeds immediately
after the expiration of all appeal periods.No work shall be undertaken until the Final
Order has been recorded in the Registry of Deeds or the Land Court for the district in
which the land is located, within the chain of title of the affected property. In the case
of recorded land,the Final Order shall also be noted in the Registry's Grantor Index
under the name of the owner of the land upon which the proposed work is to be done.
In the case of registered land, the Final Order shall also be noted on the Land Court
Certificate of Title of the owner of the land upon which the proposed work is to be
done.The recording information shall be submitted to the North Andover
Conservation Commission on the form at the end of this Order prior to
commencement of the work. Any Order not recorded by the applicant before work
commences may be recorded by the NACC at the applicant's expense.
40. A sign shall be displayed at the site not less than two square feet or more than three
square feet in size bearing the words "Massachusetts DEP, File Number 242-1628."
41. Any changes in the submitted plans caused by the applicant,another Board's decision
Or resulting from this Order of Conditions must be submin—ed to the or
approval prior to implementation. If the NACC finds said changes to be significant,
the NACC will call for another public hearing (at the expense of the applicant). Within
21 days of the close of said public hearing the NACC will issue an amended or new
Order of Conditions. Any errors found in the plans or information submitted by the
applicant shall be considered as changes. No work shall begin on a project until
written approval has been granted by the NACC.
42. It is the responsibility of the applicant, owner,and/or successor(s) to ensure that all
conditions of this Order of Conditions are complied with. The project engineer and
contractors are to be provided with a copy of this Order of Conditions and referenced
documents before commencement of construction.
43. Prior to any work commencing on-site,the applicant shall submit to the NACC for
approval, a detailed and dated sequence of construction,including installation of
sedimentation/erosion control devices,clearing, excavation,construction and
revegetation/stabilization.
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
242-1628,Lacy Street 143 OOC 4 NACC 10/22/2014
DEP FILE#242 - 1628
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. A compost filter sock and silt fence barrier shall be placed between all construction
areas and 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.
46.The applicant shall have on hand at the start of any soil disturbance, removal or
silt fence and stakes for staking. Extra erosion controls shall be 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
$1,000 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.
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
242-1628,Lacy Sneer 143 OOC 5 NACC 10222014
DEP FILE#242- 1628
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 and 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 photographs 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
50. Prior to construction,the applicant shall permanently mark the 25-foot No-Disturb
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).
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.
242-1628,Lacy Street 143 OOC 6 NACC 10222014
DEP FILE#242- 1625
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,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
53.There shall be no 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.
54Water Quality in down Wadient 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.
DURING CONSTRUCTION
55. Upon beginning work, the applicant shall submit written progress reports weekly (as
part of the erosion control monitoring report Condition#49 above)detailing what
work has been done in or near resource areas,and what work is anticipated to be done
over the next period.This will update the construction sequence.
56. Dewatering activities are not proposed as part of this project. If emergency de-
watering requirements arise,the applicant shall submit a contingency plan to the
Commission for approval,which provides for the pumped water to be contained in a
settling basin,to reduce turbidity prior to discharge into a resource area.
57. 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,
242-1628,Lacy street 143 OOC 7 NACC 10/22/2014
DEP FILE#242- 1628
lath,paper,cardboard, pipe,tires, ashes,refrigerators,motor vehicles or parts on any
of the foregoing.
58. 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,learned 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.
59. 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.
60.There shall be no stockpiling of soil or other materials within one hundred (100)feet of
any resource area. All stockpiled material shall be stored within the proposed erosion
controls as shown on the herein referenced plans. Excess material shall be disposed of
properly in accordance with state and local law.
61. Crushed stone shall be installed at the construction access for the project to minimize
sediment tracking. Paved areas shall be swept daily to remove sediment deposited by
construction vehicles accessing then site.
62.Washings from concrete trucks, or surplus concrete,shall not be directed to,any
drulrU7 system,or werrinwresoarce area. if tz ack --
such activity shall be approved by the Conservation Department.
63. All waste generated by, or associated with, the construction activity shall be contained
within the limit of work,and away from any wetland resource area. There shall be no
burying of spent construction materials or disposal of waste on the site by any other
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.
2424628,Lacy Street 143 OOC 8 NACC 10222014
DEP FILE#242- 1628
AFFER 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 Towns Wetland protection ByLaw.
67.Fertilizers utilized for landscaping and lawn care shall be slow release,low-nitrogen(<
5%)and phosphorous free types,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.
68.There shall be no dumping of leaves, grass clippings,brush,or other debris into a
wetland resource areas or associated buffer zones. 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 w ll be considered
complete once full vegetative cover has been achieved.
70. Upon approved site stabilizationyConservation staff, a erosion controls shall
removed and properly disposed of and all exposed unvegetated areas shall be seeded.
71. 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.
E 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. All discrepancies from the reference
documents shall be detailed in the statement.
242-1628,Lacy SMd 143 OOC 9 NACC 1022/2014
DEP FILE#242- 1628
i. An"As-Built" plan prepared and signed and stamped by a Registered Professional
Civil Engineer(and/or Registered Professional Land Surveyor) of the
Commonwealth,for the public record. This plan will include:
➢ "As-Built" post-development elevations of all drainage &stormwater
management structures constructed within 100 feet of any wetland resource
area. NOTE: If portions of the stormwater systems exist partially within the
Buffer Zone than the entire structure must be depicted to accurately verify
compliance.
➢ "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.
72.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#242-1628. Future work within 100' of existing wetland resource
areas will require a separate filing with the NACC 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(Condition
#67).
➢ Prohibition of dumping of leaves, grass clippings, brush, or other debris
(Condition#68);
242-1628,Lacy Street 143 OOC 10 NACC 1022/2014
DEP FILE#242 - 1628
APPENDIX A-AFFIDAVIT
L 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 rmmber)
the North Andover Conservation Commission.
&/or
2_ I am the of
(position with owner) (owner name)
the owner upon whose land Order of Conditions
have been placed up by (DEP or NACC number)
the North Andover Conservation Commission.
&
3. I hereby affirm and acknowledge that I have received said Order of Conditions
and have read the same and understand each
(DEP File#) and every condition which has been set forth
in said Order of Conditions.
4. I hereby affirm and acknowledge that on this day of 20
1 inspected said property together with any and all improvements which have
been made to the same and hereby certify that each and every condition set
forth in Order of Conditions are presently in compliance.
(DEP File#)
&
5. I hereby affirm and acknowledge that this document will be relied upon by the
North Andover Conservation Commission as well as any potential buyers of
said property which is subject to said Order of Conditions
(DEP File#)
Signed under the pains and penalties of perjury this day of 20_
(Signature-authorized agent of applicant or owner)
242-1628,Lacy Street 143 OOC 11 NACC 10/22/2014
• 11
Town of North Andover
3' g
Office of the Planning DepartmW JUN 18 PH 2: 40
.' Community Development and Services Divi*g4
M�Q•� .•"r 1600 Osgood Street NORTH ANMVc
North Andover,Massachusetts 01845 MA$$ACfIUS�T IS
NOTICE OF DECISION—LAND DISTURBANCE PERMIT
Any appeal shall be filed
within(60)days after the
date of filing this notice in
the office of the Town Clerk.
Date: June 18,2013
Date of Decision: June 18X,2013
Petition of-. John O'Mahoney,143 Lacy Street St.,North Andover,MA
Premises Affected: 143 Lacy Street,North Andover,Massachusetts,01845,Assessor's Map 1051),
Parcels 168,169&170 located in the Residential 1 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 Stormwater
Management and Erosion Control Regulations.
So as to allow extensive regarding, demolition of existing buildings and the construction of a solar array
on approximately 8 acres of land in the R-1 Zoning District.
This Permit has been granted 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.
dith Tymon,AI
own Planner,To n of North Andover
1
443 Lacy St.,Map 105.D.,Parcels 168,169,& 170
Land Disturbance Permit
Jane 18,2013
The Planning Board's designated agent,the Town Planner,has approved this application.
On April 19, 2013, John O'Mahoney of 143 Lacy St., North Andover, MA applied for a Land
Disturbance Permit, according to Chapter 160(Stormwater Management&Erosion Control Bylaw)of the
Town of North Andover Bylaws. Three parcels are subject to the bylaw with a total area of
approximately 8 acres. The activities governed by this Permit include the regrading of land, the
demolition of existing buildings and the installation of a solar array. 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 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) In granting this Permit, the Town Planner has determined that the project will not negatively impact
downstream resources, abutting properties and the town's Right-of-Way(Lacy St.). The Town Planner
bases this finding on the following facts:
a) The project area consists of three parcels of approximately 8 acres in size,with a slope situated at
the front of the parcel, adjacent to Lacy St. The parcel also contained two out buildings and a
residential dwelling unit.
b) The re-grading,the demolition of buildings and the siting of a solar array were witnessed by the town
Planner, during a site walk with the applicant on June 7, 2013. During that site visit, it was
determined that the following activities took place:
i. Regrading of approximately.50 acres on that par of the parcel abutting Lacy St.
ii. Regrading of approximately.13 acres in the rear of the property.
iii. Creation of a solar array
iv. Demolition of outbuildings
a) The activities listed in 1.b. do not change the flow of stormwater and do not cause the flow of
stormwater onto the public Right-of-Way (Lacy St.) nor do they cause runoff of stormwater onto
adjacent properties.
b) The proposed use protects groundwater and surface water from degradation or depletion to the
maximum extent possible.
c) The proposed use prevents pollutants from entering the municipal and private storm drain systems.
d) The applicant has complied with state and federal statutes and regulations relating to stormwater
discharges;
2
443 Lucy St.,Map 105.D.,Parcels 168,169,& 170
Land Disturbance Permit
June 18,2013
Upon reaching the above findings, the Town Planner approves this Land Disturbance Permit based upon the
following SPECIAL CONDITIONS:
1. Any future changes deemed substantial by the Town Planner would require a Public Hearing and
Modification by the Planning Board.
2. The applicant will provide copies of all Decisions, Notification and Orders of Conditions from
the North Andover Conservation Commission.
3. This decision must be filed with the North Essex Registry of Deeds.
GC: Town Engineer
Building Inspector
Conservation Administrator
3
4.Description of Project: oe
5.Total Area to be Disturbed 3aeres -+ at-
6. Has there been a previous application (Special-Permit or Definitive Subdivision)from the Planning Board on these
premises?C'�7�If so,when and for what type of construction?
7. Has there been a previous application (NOOUR"D�AA,, Small Project, Certificate of Compliance)from the Conservation
Commission on these premises?_(/oc '�o,when and what type?
8.Petitioner and Landowner signature(s):
Every application for a Land Disturbance Permit shall be made on this torn,which is the official form of the
Planning Board. Every application shall be filed with the Town Clerk's office. It shall be the responsibility of
the petitioner to furnish all supporting documentation with this application. The dated copy of this
application received by the Town Clerk or Planning Office does not absolve the applicant from this
responsibility. The petitioner shall be responsible for all expenses for filing and legal notification. Failure to
comply with application requirements, as cited herein and in the Planning Board Rules and Regulations
may result in a dismissal by the Planning Board of this application as incomplete.
Petitioner's Signature:
Print or type name here: T4 (fl.�_�Atu� ✓
Owner's Signature: f'v'
Print or type name here
9.Please list title of plans and documents you will be attaching to this application.
10.Application Fee to be included with the Application Is$300,made payable by check to the Town of North Andover.
2
PYintForm
NOFTM
ov, ,Aro
`TSACMU9tt
PLANNING DEPARTMENT
Community Development Division
naii Form A — kpiplication for APPROVAL NOT REQUIRED
DATE.
Bring three application forms to the Town Clerk's office to time stamp. Leave one application with the Town Clerk and
bring tura applications to the Planning Department.
The undersigned,believing that the accompanying plan of property in the Town of North Andover,Massachusetts,does
not consfitute a subdivision within the meaning of the Subdivision Control Law,herewith submits said plan for a
determination and endorsement that the Planning Board approval underthe Subdivision Control Law is not required.
1. Name Of Applicant:The O'Mahony Family Farm LLC
Address: 143 Lacy Street, North Andover,MA 01845
2. Location and Description of Property[include Assessor's Map and Lot and Zoning Dletdct(s)):
Lots 3A,4A and 58
Page 154
3. Deed Reference: Book 12359 ,
or Certificate of Title:
4. Name of Surveyor: Mem ack Engineering Services
Address: 68 Park Street, cover, MA 01810
Signature of Owner(s): ji
Address: 143 Lac ree, N rth Andover, MA tKb If
i
Page l of t
16000 end Street,North Andover,13I1 Sure 1-36 Planning Dept.,Alasso<huset 01945
Phone 78. 88.9535 Fax 978.688.9547 Web wvow.towqoffloF1h0fldov0r(QM
Edited 8/1/07
Please indicate the grounds(either A, B, C or D, not a combination)on which you believe your plan not to be a
subdivision.
Q A. Each lot on the plan meets one of the following criteria:
1. Has the frontage,lot area, and lot width required under the Zoning By-law on:
X a)a public way,or
b)a way which the Town Clerk certifes is maintained 8 used as a public way,or
c)a way shown on a plan approved and endorsed by the Planning Board under the Subdivision Control Law,
recorded in Plan Book Plan ,or
d)a way in existence before the adoption of the Subdivision Control Law by the Town and which the Board finds
adequate for the ways proposed use,or
X e)a way shown on a plan of a subdivision recorded at the Registry of Deeds or the Land Court prior to the
adoption of the Subdivision Control Law.
❑B. Each Lot has been clearly marked on the plan to be either:
a)pined 3o and made part of an adjacent lot, or
b)labeled"Not A Building Lot".
❑C. Each lot on the plan contains a building that existed prior to the adoption of the Subdivision Control Laawo
❑D. The plan shows an existing parcel with no new fat division(s)and has frontage on a way descow above
Received:Town of North Andover Town Clerk(date staampp):
Signature of Town Official receiving this application:
N
UI
Notice to APPLICANTITOWN CLERK of action of Planning Board on accompanying plan:
1. The North Andover Planning Board has determined that said plan does not require approval under the
Subdivision Control Law, and the appropriate endorsement has been made upon the same.
2. The North Andover Planning Board has determined that said plan shows a subdivision,as defined by
G.L.c.41,s.81-L and must,therefore, be resubmitted for approval under the Subdivision Control Law.
Very truly yours,
North Andover Planning Bo rd
By:
Dat . 117111
Feign 2 of 2
1600 Osgood Street,North Andover,Bldg.20,Suite 2-36 Planning Dept.,Massachusetts 01845
Phone 978.688.9535 Fax 978.688.9541 Web www.townofnorthogdoyer.com
Edited 811107
{w
� NORix,M1
3' 4 IVSD
2011 J030 AN 9: 31
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PLANNING DEPARTMENT NORTH A
Community Development Division MASSA,
Form A — Application for APPROVAL NOT REQUIRED
DATE:
Bring three application forms to the Town Clerk's office to time stamp, Leave one application with the Town Clerk and
bring two applications to the Planning Department.
The undersigned,believing that the accompanying plan of property in the Town of North Andover, Massachusetts,does
not constitute a subdivision within the meaning of the Subdivision Control Law,herewith submits said plan for a
determination and endorsement that the Planning Board approval under the Subdivision Control Law is not required.
1. Name Of Applicant:The O'Mahony Family Farm, LLC
Address: 143 Lacy Street, North Andover, MA 01845
2. Location and Description of Property[nclude Assessor's Map and Lot and Zoning District(s)]:
Lots 3A,4A and 5B
3. Deed Reference: Book 12359 Page 154
or Certificate of Title:
4. Name of Surveyor: errinjack Engineering Services
Address. 66 Park Street;. lover, MA 01810
Signature of Owner(s):
Address: 143 Lac ree, N rth Andover, A 0184
Page 1 of 1
1600 Osgood Street,North Andover,Bldg.10,Suite 1-36 Planning Dept.,Massachusetts 01845
Phone 978.688.9535 Fax 978.688.9541 Web www.townafnarthandover.com
Edited 811107
rV -
Please indicate the grounds (either A, B, C or D, not a combination)on which you believe your plan not to be a
subdivision.
FIA. Each lot on the plan meets one of the following criteria:
1. Has the frontage,lot area,and lot width required under the Zoning By-law on:
X a)a public way,or
b)a way which the Town Clerk certifies is maintained 8 used as a public way,or
c)a way shown on a plan approved and endorsed by the Planning Board under the Subdivision Control Law,
recorded in Plan Book Plan or
d)a way in existence before the adoption of the Subdivision Control Law by the Town and which the Board finds
adequate for the ways proposed use,or
X e)a way shown on a plan of a subdivision recorded at the Registry of Deeds or the Land Court prior to the
adoption of the Subdivision Control Law.
❑B. Each Lot has been clearly marked on the plan to be either:
a)joined to and made part of an adjacent lot,or
b) labeled "Not A Building Lot".
❑C. Each lot on the plan contains a building that existed prior to the adoption of the Subdivision Control Law.
❑ D. The plan shows an existing parcel with no new lot division(s)and has frontage on a way described above.
Received:Town of North Andover Town Clerk (date stamp):
Signature of Town Official receiving this application Q
Notice to APPLICANTfTOWN CLERK of action of Planning Board on accompanying plan:
1. The North Andover Planning Board has determined that said plan does not require approval under the
Subdivision Control Law, and the appropriate endorsement has been made upon the same.
2. The North Andover Planning Board has determined that said plan shows a subdivision,as defined by
G.L.c.41,s.81-L and must,therefore, be resubmitted for approval under the Subdivision Control Law.
Very truly yours,
North Andover Planning Board
By:
Date:
Page 2 of 2
1600 Osgood Street,North Andover,Bldg.20,Suite 1-36 Planning Dept.,Massachusetts 01845
Phone 978.688.9535 Fax 978.688.9542 Web www.townofnotthandover.com
Edited 811107
U1Massachusetts Department of Environmental Protection Provided by MassDEP:
Bureau of Resource Protection-Wetlands MmsDEP File#:742-1518
WPA Form 4B-Order of Resource Area Delineation cDEP Tansaction#:128711
Massachusetts Wetlands Protection Act M.G.L.c. 131 S40 City/Down:NORTH ANDOVER
A.General Information
1.Conservation Commission NORTH ANDOVER
2.This Issuance is for(Check one):
a. F Order ofRescuree Area Delineation
b. r- Order ofResomce Area Delineation
3.Applicant Details
a First Name STEPHANIE b.Last Name OMAHONEY
C.Orgaovadion THE OMAHONEY FAMILY FARM LLC
d Mailing Address 143 LACY STREET
e.CSty/fown NORTH ANDOVER f Stare MA g.ZIP 01845
4.Property Owner(ifdiffetent Finn applicant):
a.First Name STEPHANIE b.Last Name OMAHONEY
C.Organization THE OMAHONEY FAMILY FARM LLC
d Mailing Address 143 LACY STREET
e.Cdy/fown NORTH ANDOVER E State MA g.ZIP 01845
5.Project Location
a Street Address 143 LACY STREET
b.CnyTown NORTH ANDOVER C.Zip 01845
d Assessors Map/Plat# 105D e.Pamelil otlt 167,168,169,170
f.Latitude 42.653N g.Longitude 71.04495W
6.Dates
a.Dste ANRADFilod 5/52011 b.Date Public Hearing Closed 6/22/2011 c.Data Of 1. 6/23/2011
7.Final Approved Plans and Other Documents
Plan Title Plan Prepared By Plan Signed By Plan Final Plan
Date Scale
PLAN OF LAND M NORTH ANDOVER, MERRIMACK ENGINEERING STEPHEN June 15, 1„3&„
MASSACHUSETTS SERVICES STAPINSKI,P.L.S. 2011
B.Order of Delineation
I.The Conservation Commission has detnminedthe foamving(check whichever is applicable)
a. FAccurate:The boundaries described on the referenced plans)above and in the Abbreviated Notice of Resource Area
Delineation are accurately dawn fa the following resource area(s):
1. F Bordering Vegetated Wetlands
2. r Other resouroe area(a),specifically
a
b. r Modified:The boundaries described on the plans)referenced above,as modified by the Conservation Cmnmission from the
plans contained in the Abbreviated Notice of Resource Area Delineation,are accurately,dawn from the following resourre area(s):
1. r Bordering Vegetated Wedands
2. r Other resource steals),specifically
a.
Page 1 of 3-ELECTRONIC COPY
0 Massachusetts Department of Environmental Protection Provided by MessDEP:
Bureau of Resource Protection-Wetlands MassDEP File#:242-1518
WPA Form 4B-Order of Resource Area Delineation eDEP Transaction#:128711
Massachusetts Wedands Protection Act M.G.L. c. 131 S40 CapTown:NORTH ANDOVER
a r Ioaccurate::The boundaries described on the referenced plars(s)and in the Abbreviated Notice ofRecounce Area Delineation
were found to be inaccuraw and cannot be confirmed for the following resource and(s):
1. 1-Bordemag Vegetated Wetlands
2. r Other resource steals),specifically
a.
3.The boundaries were determined in be inaccurate because:
C.Findings
This Order of Resource Area Delineation determines that the boundaries of Nose resource areas toted above,have been delineated
and approved by the Commission and are binding as to all decisions rendered pursuant in the Massachusetts Wetlands Protection Ad
(M.G.L.c.131,S 40)and its regulations(3 10 CMR 10.00).This Order does not,however,determine the boundaries of my resource
area or Buffer Zone to any resource area not specifically noted above,regardless of whether such boundaries are contained on the
plans studied o this Order or in the Abbreviated Notice of Resource Area Delineation.This Order must be signed by a majority of
the COnsER'8tlon Commission.The Order most be sent by certified mail lreorn receipt requested)or hand delivered to the applicant.A
copy also must be mailed or hand delivered at the same time in the appropriate DEP Regional Office(sce
http:/Avow.mass.gov/&p/.bmNngion/fodym hon).
D.Appeals
The applicant,the owner,any person aggrieved by this Order,any owner of land abutting die land subject in Nis Order,a any ten
residents of the city or town in which such land is located,are hereby notified of than right in request the appropriate DEP Regional
Office in issue a Superseding Order of Resource Area Delineation.When requested in issue a Superseding Order of Resource Area
Delineation,the Depara scufs review is limited in the objections to the resource area defineaeods)stated in the appeal request The
request must be made by certified mail or hand delivery in the Depending,with the appropriate filing fee and a completed Request far
Deparmuntal Action Fee Transmittal Form,as provided in 310 CMR 10.03(7)within ten business days from the date of issuance of
Nis Order.Acopy of the request shall at the same time be sent by certified mad or hand delivery to flu Conservation Commission and
to the applicant,if he/she is not the appellant.Any appellants seeking o appeal the Deparmunt???s Superseding Order of Resource
Area Delineation will be required to demonstrate prior participation in the review of tins project.Previous participation in the permit
proceeding means the submission of written information in the Conservation Commission prim to the close of the public hearing,
requesting a Superseding Order or Determination,or providing written information in the Department prim to issuance of
Superseding Order or Determination.The raluest shall side clearly and concisely tlu objections to the Order which is being appealed
and how the Order does not contribute an the protection of the ineresis identified in the Massachusetts Wetlands Protection Act,
(M.G.L.c.131,S 40)and is inconsistent with the wetlands regulations(3 10 CbRL 10.00).To the extent that the Order is based on a
municipal bylaw or ordi ence,and net on the Massachusetts Wetlands Protection Aa or regulations,the Department of Environmental
Protection has no appellatejurisdiction.
Page 2 of 3-ELECTRONIC COPY
Massachusetts Department of Environmental Protection Provided by ManDEP:
Bureau of Resource Protection - Wetlands
242-1518
MassDEP F
assDEFile Number
WPA Form 4B — Order of Resource Area
Delineation eDEP Transeclbn Number
North Andover
Massachusetts Wetlands Protection Act M.G.L. c. 131, 940 ciprrrovn
E. SignaturesA /y
De ofluuence
Please indi tt nu er of members who will sign this form. 5
1.Number M Signers
Sig ep nee Ib Commission bar ISignat o ervation Commission Member
C
Signre of co ervation Commission Member Signature of Conservation Commission Member
Sig Mot g Commission Member Signature of Conservation Commission Member
SgTsOrder
o ons Commission Member
This Ois vali f9 three years from the date of Issuance.
If tconstitutes an Amended Order of Resource Area Delineation, this Order does not extend
the issuance date of the original Final Order,which expires on unless extended in writing by
the issuing authority.
This Order is issued to the applicant and the property ownerr(if different)as follows:
z.[-1By hand delivery on 3.E(iBy certified..it,return receipt requested on
��.2V
a.Due ��
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