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HomeMy WebLinkAboutTOWN OF NORTH ANDOVER (15) P6fff�flfBG 80Afj0F � JaYCE BRAAW TOWN OF NORTH ANDOVER TOWNC ER Any appeal shall be filed M A S S A C H U S E T T S HOOTH AN6V R within (20) days after the '11AT ,�O RT1y date of filing of this Notice 3r "oL in the Office of the Town p a � Clerk S$4CMU5Et NOTICE OF DECISION w Date. May 23.,. 1995. . . . . . . . . . . . . . . . Date of Hearing Apr. 18;May. 16, 1995 Petition of DiNisco . . ,Design Partnership, Ltd.. . . , . . . , . ' , . . . . Premises affected .North•Andover.Middle .School 495 .Main.Street. , . , , . . , . Referring to the above petition for a special permit from the requirements North Andover zoning BylawSection 8.3. Site Plan Review of the . . . . . . . . . , . . . so as to pxam3dA allow.for.the.cQiast-ruction .ot .an .addition .to .the .North .Andover Middle School . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . After a public hearing given on the above date, the Planning Board voted conditionally to .appgQve . . . . . . . .the . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . based upon the following conditions: CC: Director of Public Works Building Inspector Natural Resource/Land Use Planner Health Sanitarian Signed �• Assessors Police Chief Aicharq A., Nargell,,, ChairApA , , Fire Chief Joseph Mahoney, ViceChairman Applicant • • , . Engineer File Richard Rowen, Clerk Interested Parties Alison Lescarbeau . . . . . . .. . .. . . . . . . . . . . . .. . . . . . . . John Simons 'planning B oard Town of North Andover f 4ORrH OFFICE OF 3?o'4"60 �ooc COMMUNITY DEVELOPMENT AND SERVICES p 146 Main Street DTTED (y KENNETH R.MAHONY North Andover,Massachusetts 01845 9SSgcHUS�t Director (508)688-9533 May 18, 1995 Ms. Joyce Bradshaw Town Clerk 120 Main Street North Andover, MA 01845 Re: Special Permit - Site Plan Review - 495 Main Street North Andover Middle School Dear Ms. Bradshaw: The North Andover Planning Board held a public hearing on Tuesday evening, April 18, 1995 in the Library Conference Room in the Town Building, upon the application of DiNisco Design Partnership, Ltd. , 87 Summer Street, Boston, MA 02110 requesting a Special Permit under Section 8.3 (Site Plan Review) of the North Andover Zoning Bylaw. The legal notice was properly advertised in the Lawrence Eagle-Tribune on April 3 and April 10, 1995 and all parties of interest were duly notified. The following members were present: Joseph Mahoney, Vice Chairman, Richard Rowen, Clerk, Alison Lescarbeau and John Simons. The petitioner was requesting a special permit to allow for the construction of an addition to the North Andover Middle School. The premises affected are in Zoning District R-4 and have an area of 108, 000 square feet. Richard Rowen read the legal notice to open the public hearing. Mr. Ken DiNisco, design architect, was present to give an overview of the plan. Spoke about overcrowding and badly need repairs in the school. The new addition would put 1200 students at three locations in the school, thereby decentralizing them. The R-4 zoning setbacks are substantially more than what is required. There will be two curb cuts along Main Street, exiting only onto Chickering Road. Main parking is to the rear, and approximately 170 cars can be accommodated in that space. Peak parking would be able to accommodate 40 more cars. Storm drainage will comply with the town requirements. Curbing will be added to the parking lot and the driveway. Proposing many new plantings around the school to introduce a buffer and re-establish an edge with new trees to BOARD OF APPEALS 688-9541 BUILDING 68&9545 CONSERVATION 68&9530 HEALTH 688-9540 PLANNING 688-9535 Julie Pamno D.Robert Nicetta Michael Howard Sandra Starr Kathleen Bradley Colwell replace some that will come down. Approximately 50 feet of woods will remain. All of the lighting will be directed away from adjacent properties. The new brick will match the existing brick. They have a meeting with the Conservation Commission on April 19, 1995. Many neighbors were present. Mr. Kulash of 55 Bradstreet Road represented them. He voiced their deep concern over a road being built into the wooded area. Their feeling is that a 25' wide strip of asphalt cut into 100' of woods would be devastating. Mr. Don Earl, Woodbridge Road, asked the Board to do a walk thru on Saturday morning. Thinks it would be informative and important to attend. Mr. Mahoney: Planning Board will plan on a site walk. Discussion continued until May 16th meeting. The Planning Board held a regular meeting on May 16, 1995. The following members were present: Richard Nardella, Chairman, Joseph Mahoney, Vice Chairman, Richard Rowen, Clerk, Alison Lescarbeau, John Simons and Alberto Angles, Associate Member. Ms. Colwell stated that at the last meeting there was discussion regarding moving the addition further up and back to allow for less tree cutting. The outstanding issues are with the Conservation Commission. Meeting with them Wednesday, May 17, 1995. Mr. DNisco presented the revised plan. Areas of change are the town wetlands. 80 foot clearing reduced to 43 feet. Tree line discussed extensively with neighbors, 81,000 square feet of wooded area are to be disturbed. Will be putting back more trees. Mr. Nardella: do plans show 2 to 1 and 1 to 1 replication of wetlands? Ms. Colwell: yes, they do. Mr. Simons: could you move or eliminate some of the parking spaces adjacent to the football field and keep more trees? This would save 18 feet of trees and eliminate 16 spaces. Mr. Rowen: when the facility is full, how many spaces short is the site? George Blaisdell: 4 to 5 times a ear when parents are there and Y multiple events are going on, there is a parking problem. Mr. Nardella: show them as future parking spaces on the plan. Ms. Colwell: will check with police department on parking numbers. Mary Ann Lafond, Tavern Road, suggests that an additional area of parking could be added at the rear, left of building. John Erle, 21 Woodbridge Road spoke of town abandonment of Tavern Road. Is happy to see that the Board is keeping the neighborhood in mind when making decisions. Dan Glynn, 73 Bradstreet Road: what about cutting back more than 43 feet? Mr. DNisco: We are under time constraints, but will make every effort to comply. Mary Ann Lafond: that area is oneofthe last wooded areas in the downtown. John Erle: can the Planning Board stipulate that the remaining wooded area be designated as a "no build, no cut area?" Mr. Nardella: that is outside of the jurisdiction of the Planning Board, but would support a Conservation restriction on a portion of the property. On a motion by Mr. Mahoney, seconded by Ms. Lescarbeau, the public hearing was closed At the same meeting the Middle School Addition decision was discussed. 1. Keep tree line to rear of property —eliminate some parking spaces - designate them as future parking. 2 . Any change in the tree line needs to come back to the Planning Board. On a motion by Mr. Rowen, seconded by Mr. Mahoney, the Board voted unanimously to accept the draft decision as amended. Attached are those conditions. Sincerely, Nort/Ih�Andover• Planning BoardV � l'+ Richard A. Nardella, -Chairman 495 RAIN STREET - MIDDLE SCHOOL ADDITION Conditional Site Plan Review Approval FINDINGS OF FACT: The Planning Board makes the following findings regarding the application of DiNisco Design Partnership, Ltd, 87 Summer Street, Boston, MA 02110, dated March 24, 1995, for the construction of a 42, 000 square foot addition to the existing Middle School building located on Main Street. The Planning Board makes the following findings as required by Section 10. 31 of the Zoning Bylaw: A. The specific site is an appropriate location for the addition to the Middle School as the Middle School exists on the site; B. The use as developed will not adversely affect the neighborhood as the amount of tree clearing has been reduced and the area of new construction will be screened from the adjacent neighborhood; C. There will be no nuisance or serious hazard to vehicles or pedestrians; D. Adequate and appropriate facilities will be provided for the proper operation of the proposed use The Planning Board finds that the landscaping plan meets the requirements of Section 8.4 of the Zoning Bylaw; The Planning Board makes the following findings under Section 8.35 of the Zoning Bylaw, A. The site plan complies with all current Bylaw requirements; B. The site plan has been submitted in accordance with the regulations and procedures as outlined in this Section and Section 10. 31; C. The application requires approval from the Conservation Commission; D. The site plan generally complies with Town Bylaw requirements, but requires minor changes in order to be completely in compliance with the Town Bylaw Regulations; therefore the Planning Board APPROVES this site plan review with the following conditions: SPECIAL CONDITIONS: 1 1. Prior to the endorsement of the plans by the Planning Board, the applijcant shall adhere to the followings a. A full set of final plans including the revised 1. 1:1 wetlpnd replication planting plan and the revised parking lot layout and tree-Line for the rear lot adjacent to the fields must be submitted to the Town Planner for review within ninety days of filing the decision with the Town Clerk. The existing tree line to the rear of the property shall remain. This will eliminate approximately 16 parking spacles and will preserve approximately 18 feet of woods. Thesle 16 spaces shall be designated as future parking spaces. b. A band in the amount of two thousand ($2,000) dollars shall be posted for the purpose of insuring that a final as-bjuilt plan showing the location of all on-site utilities, structures, curb cuts, parking spaces and drainage facilities is submitted and for erosion control. The 'bond is also in place to insure that the site is constructed in accordance with the approved plan. This bond shall be in the form of a check made out to the Town of North Andover. This check will then be deposited into an interest bearing escrow account. C. A construction schedule shall be submitted to the Planjning Staff. 2 . Prior tolany construction on site, a. the applicant must mark the limit of clearing in the field. The limit of clearing must be reviewed and approved by the Planning Staff. b. The site must have received al necessary permits and approvals from the North Andover Conservation Commission. 3 . Prior tojFORM U verification (Building Permit Issuance) : a. The ',plans must be endorsed and three (3) copies of the signed plans delivered to the Planning Staff. b. This decision shall be recorded at the Essex North Registry of Deeds and a recorded copy delivered to the Planning Staff. 4. Prior tojverification of the Certificate of Occupancy: a. The ,, building must be constructed as presented to the Planning Board and as shown on the following plan: 2 Plans titled: North Andover Middle School North Andover, MA TRC - Preliminary Submission Prepared by: Dinisco Kretsch & Associates 87 Summer Street Boston, MA 02110 Date: 22 March 1995 Sheets: A-17, A-18, A-19, A-20; dated Feb 10, 1995 b. The landscaping must planted as presented to the Planning Board and as shown on the following plan: Plans titled: North Andover Middle School North Andover, MA Prepared by: Dinisco Design Partnership 87 Summer Street Boston, MA 02110 Date;: 3 May 1995 (to be further revised) Sheet: L-3a Planting Plan Wetland & Habitat Replication Plan 1:1 Option "A" C. The jsite shall be reviewed by the Planning Staff. Any screening adjacent to Tavern Road as may be reasonably required by the Planning Staff and/or Tree Warden will be added at the applicant's expense. The Planning Board will support the placement of a conservation restriction on a portion of the remaining wooded area. d. All artificial lighting used to illuminate the site shall have underground wiring and shall be so arranged that all direct rays from such lighting falls entirely within the site and shall be shielded or recessed so as not to shine upon abutting properties or streets. The site shall be reviewed by the Planning Staff. Any changes to the approved lighting plan as may be reasonably required by the Planning Staff shall be made at the owner's expense. Lighting shall be installed as shown on the following plan: Plans titled: North Andover Middle School North Andover, MA Prepared by: Dinisco Kretsch & Associates 87 Summer Street Boston, MA 02110 Date: 11 April 1995, rev. 3 May 1995 Sheet: ES-1 Electrical Site Plan e. All buildings shall have commercial fire sprinklers installed a led in accordance with the North Andover Fire Department requirements. 5. Prior to the final release of security: 3 a. A final as-built plan showing the location of all on- site utilities, structures, curb cuts, parking spaces and drainage facilities must be submitted to and accepted by the Division of Public Works. The site must be constructed according to the approved plans. This will be determined by a majority vote of the Planning Board. 6. Any stockpiling of materials (dirt, wood construction material, etc. ) must be shown on a plan, reviewed and approved by the Planning Staff. Any approved piles must remain covered at all times to minimize any dust problems that may occur with adjacent properties. Any stock piles to remain for longer than one week must be fenced off and covered. 7. The dumpster, as shown on Sheet L-2 of the approved plan, must be enclosed entirely by a wooden stockade fence that must be 2 feet higher than the dumpster. 8. Any further alteration of the tree line must be reviewed and approved by the Planning Board. 9. Any plants, trees or shrubs that have been incorporated into the Landscape Plan approved in this decision that die within one year from the date of planting shall be replaced by the applicant. 10. The contractor shall contact Dig Safe at least 72 hours prior to commencing any excavation. 11. Gas, Telephone, Cable and Electric utilities shall be installed as specified by the respective utility companies. 12. All catch basins shall be protected and maintained with hay bales to prevent siltation into the drain lines during construction. 13. No open burning shall be done except as is permitted during burning season under the Fire Department regulations. 14. No underground fuel storage shall be installed except as may be allowed by Town Regulations. 15. No mechanical devices (ie: HVAC, vents, etc. . . ) which may be visible from any surrounding roadways shall be placed on the roof. 16. The provisions of this conditional approval shall apply to and be binding upon the applicant, its employees and all successors and assigns in interest or control. 17. Any action by a Town Board, Commission, or Department which requires changes rages in the plan or design of the building as 4 presented to the Planning Board, may be subject to modification by the Planning Board. 18. Any revisions shall be submitted to the Town Planner for review. If these revisions are deemed substantial, the applicant must submit revised plans to the Planning Board for approval. 19. This Special Permit approval shall lapse on ML)Y� , x'997 (two years from the date permit granted) unless substantial use or construction has commenced. Substantial use or construction will be determined by a majority vote of the Planning Board. 20. The following information shall be deemed part of the decision: a. Plans titled: North Andover Middle School North Andover, MA Prepared by: Dinisco Kretsch & Associates 87 Summer Street Boston, MA 02110 Scale: as noted on each sheet Sheets: L-1 Site Survey - Existing Conditions Plan 17 Jan 195, rev. 3 May 195 L-2a Site Plan Proposed Construction Plan Option "A" 11 3 May 1995 (to be revised) L-3a Planting Plan - Wetland & Habitat Replication Plan 1:1 Option "A" 3 May 1995 (to be revised) L-4 Site Traffic Plan 21 March 1995, rev.3 May 195 SU-1 Site Utility Plan - Proposed Drainage Plan 5 April 195, rev. 3 May 195 ES-1 Electrical Site Plan 11 April 1995, rev. 3 May 1995 b. Plans titled: North Andover Middle School North Andover, MA TRC - Preliminary Submission Prepared by: Dinisco Kretsch & Associates 87 Summer Street 5 Boston, MA 02110 Date: 22 March 1995 Scale: as noted on each sheet Sheets: A-17 Building Elevations A-18 Building Elevations A-19 Building Elevations A-20 Building Elevations C. North Andover Middle School Stormwater Peak Flow Mitigation Report Prepared for DiNisco Design Partnership Limited April, 1995 Prepared by: Montgomery Watson d. North Andover Middle School Wetland Drainage Calculations Prepared for: DiNisco Design Partnership Limited May, 1995 Prepared by Montgomery Watson cc: Director of Public Works Building Inspector Health Administrator Assessors Conservation Administrator Planning Board Police Chief Fire Chief Applicant Engineer File middlesc.spr r HAW 310 CMR 10.99 1-01#N CLERK A10 OVER • Form 5 1 t [ OV Fue Na NAC C #4 fro to cwvmc vy OEM North Andover Commonwealth Gry.Town of Massachusetts DiNisco Design . Aooucant Main Street -- North Andover Middle School Order of Conditions Massachusetts Wetlands Protection Act O.L. c. 131, §40 and under the Town of North Andover's Wetlands Bylaw, Chapter 178 From North Andover Conservation Commission DiNisco Design Partnership Limited Town of North Andover Tc (Name of Applicant) (Name of property owner) 87 Summer Street Office of Town Manager Address Boston MA 02110 Address 120 Main St No Andover MA 01845 This Croer is issued and delivered as foilows ❑ by hand delivery to aapiicant or representative on Q(date) by certified mail. return receipt requested on ` �`�� ��a'^ �' `at" This project is located at Main Street, North Andover Middle School The property is recorded at the Registry of Deeds North Essex Book 749,752,775,641 Page 194,350,440,423 Cermicate(if registered) : The Notice of Intent for this project was filed on May 5, 1995 (date) The oublic nearing was closed on" May 17, 1995. (date) Findings The North Andover ConGervar;on Cnmmi Gg,n-n - has reviewed the above-referenced Notice of intent anc mans anc nas neie a puofic nearing on the pro;e:t. Based on the information avaiianie to the NACC at this time.the NACC has determined that the area on wnicn the or000sed work is to be done is significant to the following interests in accordance with the Presurrotions of Significance set forin in me reguiaaons for each Area Suo;ect to Protection under the Act(tw:eck as aaaroonate): Ch.178% Prevention of erosion and sedimentation Pubic water supply JM Flood control L1 Land containing shellfish Private water supply ( Storm damage prevention ❑ Fisheries Ground water supply Prevention of poiiuuon Protection of wildlife habitat Ch. 178 Wildlife Ch-17 Recreation Total Fiiing Fee Subrrtttted State Shar Lw CityiTown Share FEES WAIVEDBY TOWN OF NO. ANDOVER fee in excess cf 525) Total Aetund Due S City/Town Portion S State Portion S (1/2 total) (1/2 total) _,to-ive ./10/E9 NACC #4 Therefore, the North Andover Conservation Commission(hereafter the"NACC") hereby finds that the following conditions are necessary, in accordance with the Performance Standards set forth in the State Regulations, the local ByLaw and Regulations, to 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 above. To the extent that the following conditions modify or differ from the plans, specifications or other proposals submitted with the Notice of Intent,the conditions shall control. GENERAL CONDITIONS 1. Failure to comply with all conditions stated herein, and with all related statutes and other regulatory measures, shall be deemed cause to revoke or modify this Order. 2. 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. 3. This Order does not relieve the permittee or any other person of the necessity of complying with all other applicable federal, state or local statutes, ordinances, by-laws or regulations. 4. The work authorized hereunder shall be completed within three years from the date of this order. 5. This Order may be extended by the issuing authority for one or more periods of up to one year each upon application to the issuing authority at least 30 days prior to the expiration date of the Order. 6. The proposed work includes construction of an addition to the existing North Andover Middle School. Proposed construction to include addition, access drive, appurtenances and landscaping. 7. 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 DiNisco Design Partnership Ltd. 87 Summer Street Boston, MA 02110 DATED 5/5/95 Plans prepared by: "Existing Conditions Plan" DiNisco Kretsch & Assoc. DATED: 5/3/95 (Sheet NA1) PLAN OF RECORD CAWinword\00C\NACC4.doc 1 NACC 5/19/95 NACC#4 Plans cont. "Proposed Construction Plan 2:1" DiNisco Design Partnership DATED: 5/3/95 (Sheet NA2) "Proposed Construction Plan, Option A 1:1" DiNisco Design Partnership DATED: 5/3/95(Sheet NA2) "Existing Drainage Plan" DiNisco Kretsch & Assoc. DATED: 5/3/95 (Sheet NA3) PLAN OF RECORD "Proposed Drainage Plan" DiNisco Design Partnership DATED: 5/3/95 (Sheets 1-2, NA4) PLAN OF RECORD "Drainage Calculations" DiNisco Design Partnership DATED: 5/3/95(Sheet NA5) PLAN OFRECORD "Erosion Control Plan 2:1" DiNisco Design Partnership DATED: 5/3/95 (Sheet NA6) "Erosion Control Plan, Option A 1:1" DiNisco Design Partnership DATED: 5/3/95 (Sheet NA6) PLANOFRECORD "Planting Plan-Wetland & Habitat Replication Plan 2:1" DiNisco Design Partnership DATED: 5/3/95 (NA7) "Planting Plan Wetland & Habitat Replication Plan 1:1" DiNisco Design Partnership DATED: 5/3/95 (NA7) CAWinword\00C\NACC4.doc 2 NACC 5/19/95 NACC#4 8. The following wetland resource areas and/or Buffer Zones are affected by the proposed work: Freshwater Wetland. This resource area is significant to the Town ByLaw only and not subject to protection under the Massachusetts Wetlands Protection Act (3 10 CMR 10.00). This resource area is also significant to the recreational and wildlife interests of the ByLaw. The applicant has not attempted to overcome the presumption of significance of these resource areas to the identified interests. 9. The NACC agrees with the applicant's delineation of the wetland resource areas on the site as shown on the plans dated 5/3/95. Prior to the issuance of a Certificate of Compliance, the applicant will submit a plan showing the site's wetland delineation at a scale identical to the Town wetland map for this location. 10. Issuance of these Conditions does not in any way imply or certify that the site or downstream areas will not be subject to flooding or storm damage. 11. 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. 12. In order to prevent any alteration of wetland resource areas beyond those proposed in the Notice of Intent and approved herein, a twenty five(25) foot no-disturbance zone and a fifty (50) foot no-construction zone shall be established from the edge of the existing wetlands and upon completion of wetland replication,from said area. No disturbance of existing grade, soils or vegetation is permitted in the no- disturbance zone. (See Appendix 5 of the local Regulations). 13. All catch basins shall contain oil/gasoline traps, and it shall be a continuing condition of this order, even after a Certificate of Compliance is issued, that the oil/gasoline traps in the catch basins be maintained. All catch basins shall be free of all accumulated silt and debris before a Compliance is issued and the owner or his/her agent shall so specify in the request for Compliance. 14. The NACC finds the applicant's proposal for 1:1 replication (2,352 sq.ft.)to be inadequate. A modified plan showing 1.1:1(2,587 sq.ft) replication shall be submitted to this Department for review and subsequent approval. This submittal shall serve as the plan of record and supersede referenced plans herein. In addition, the proposed wetland planting list is unsatisfactory. A modified planting scheme exhibiting species listed as FAC or FAC W+- in the National List of Plant Species That Occur in Wetlands Region I Northeast shall be submitted to this Department for review and subsequent approval. Proposed planting of Hemlock(Tsuga canidensis) along the bank of the freshwater wetland replication area and as shown on the "Planting Plan -Wetland & Habitat Replication Plan" shall be omitted and replaced with Red Maple(Acer rubrum) or a similar species approved by this Department. This submittal shall serve as the plan of record and supersede referenced plans herein. The replication areas CAWinword\00C\NACC4.doc 3 NACC 5/19/95 NACC #4 shall be constructed prior to other construction activity on site and this sequence shall be reflected in the construction sequence(see the Local Regulations for performance standards for replacement wetlands). PRIOR TO CONSTRUCTION 15. 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. 16.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. 17. 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 "NACC#4". 18. Any changes in the submitted plans caused by the applicant, another Board's decision or resulting from this Order of Conditions must be submitted to the NACC for approval prior to implementation. If the NACC finds said changes to be significant, the NACC will call for another public hearing(at the expense of the applicant). Within 21 days of the close of said public hearing the NACC will issue an amended or new Order of Conditions. Any errors found in the plans or information submitted by the applicant shall be considered as changes.The proposed project may be still under review by other local or state boards or agencies. This may result in changes to the project plans or wetland impacts. If any such changes occur a revised plan and an explanation of the revisions shall be submitted to the NACC for review and approval prior to the start of construction.No work shall begin on a project until written approval has been granted by the NACC. 19. 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 and the applicant to ensure that all of the Conditions of this Order are understood. This Order also shall be made a part of the contractor's written contract. 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. C:\Winword\00C\NACC4.doc 4 NACC 5/19/95 NACC #4 20. The applicant shall submit a construction schedule/sequence to the NACC detailing the proposed sequence of work on site to complete this project. 21. Wetland flagging shall be checked prior to start of construction and shall be re- established where missing so that erosion control measures can be properly placed and wetland impacts can be monitored. 22. A row of staked hay bales backed by trenched siltation fence shall be placed between all construction areas and wetlands. Proposed erosion controls as shown on the "Erosion Control Plan, Option A 1:1" DiNisco Design Partnership DATED: 5/3/95 (Sheet NA6) is unsatisfactory. Haybales and trenched silt fencing shall be placed along the southern side of the replication area as well. The erosion control barrier will be properly installed and placed and shall be inspected and approved by the NACC 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. 23. The applicant shall have on hand at the start of any soil disturbance, removal or stockpiling, a minimum of 25 hay bales and sufficient stakes for staking these bales or an equivalent amount of silt fence). Said bales shall be used only for the control of emergency erosion problems, and shall not be used for the normal control of erosion. DURING CONSTRUCTION 24. Upon beginning work,the applicant shall submit written progress reports every month detailing what work has been done in or near resource areas, and what work is anticipated to be done over the next period. This will update the construction sequence. 25. Any fill used in connection with this project shall be clean fill, containing no trash, refuse rubbish or debris,including but not limited to lumber,bricks, plaster,wire,lath, paper, cardboard, pipe,tires, ashes,refrigerators, motor-vehicles or parts on any of the foregoing. 26. No exposed area shall remain unfinished for more than thirty(30)days, unless approved by the NACC. 27.No regrading 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. 28. There shall be no stockpiling of soil or other materials within twenty-five (25) feet of any resource area. CAWinword\00C\NACC4.doc 5 NACC 5/19/95 NACC#4 29. After proper grading, all disturbed areas located within a resource area which will not remain as wetland areas, shall be loamed (minimum of 4"of quality loam),and seeded. This shall all be done in accordance with SCS guidelines. All disturbed areas located within wetland resource areas which are to be only temporarily disturbed during construction, shall be restored to their original grade, soil profile and vegetative cover. Soil used for this purpose will either be wetlands topsoil or a minimum of 4" of quality loam. 30. Washings from concrete trucks, or surplus concrete, shall not be directed to, any drainage system, or wetland resource area. 31. All waste generated by, or associated with, the construction activity shall be contained within the construction area, 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. 32. Accepted engineering and construction standards and procedures shall be followed In the completion of the project. 33. Members of the NACC or its agent shall have the right to enter upon and inspect the premises to evaluate and/or effect compliance with this Order of Conditions. The NACC reserves the right to require, following field inspection, additional information or resource protection measures. 34. During and after work on this project,there shall be no discharge or spillage of fuel, or other pollutants into any wetland resource area. If there is a spill or discharge of any pollutant during any phase of construction the NACC shall be notified by the applicant within one (1)business day. No construction vehicles are to be stored within 100 feet of wetland resource areas, and no vehicle refueling, equipment lubrication, or maintenance is to be done within 100 feet of a resource area. AFTER CONSTRUCTION 3 5.No underground storage of fuel oils shall be allowed on any lot within one-hundred (100) feet of any wetland resource area. This condition shall survive this Order of Conditions, and shall run with the title of the property. This condition is issued under the authority of the Town's Wetland protection ByLaw. 36. Fertilizers utilized for landscaping and lawn care shall be organic and low-nitrogen content, and shall be used in moderation. Pesticides and herbicides shall not be used within 100 feet of a wetland resource area. This condition is issued under the authority of the Town's Wetland Protection ByLaw. CAWinword\00C\NACC4.doc 6 NACC 5/19/95 ° NACC #4 37. Upon completion of construction and grading, all disturbed areas located outside resource areas shall be stabilized permanently against erosion. This shall be done either by loaming and seeding according to SCS standards. If the latter course is chosen, stabilization will be considered complete once vegetative cover has been achieved. 38. Upon completion of the project, the applicant shall submit a letter to the NACC from a Registered Professional Civil Engineer certifying compliance with this Order of Conditions and the approved plans referenced herein(or approved revisions). A letter from a qualified wetland scientist certifying compliance with local regulations is also required for the Wetland Replication Area. A stamped"As-Built" topographic plan of all areas within the jurisdiction of the Wetlands Protection Act and ByLaw shall be submitted when a Certificate of Compliance is requested. This plan will include: A) "As-Built" elevations of all drainage structures constructed within 100 feet of any wetland resource area; B) "As-Built" elevations and grades of all filled or altered wetland resource areas; C) Distances from structures to wetland resource areas; D) A line showing the limit of work. "Work" includes any disturbance of soils or vegetation. 39.The following special conditions shall survive the issuance of a Certificate of Compliance for this project: 14. Maintenance of catch basins. 34. Discharge of spillage of pollutants. 35. Prohibition of storage of fuels underground. 36. Limitations on the use of fertilizers, herbicides and pesticides. CAWinword\00C\NACC4.doc 7 NACC 5/19/95 D.ENP. NACC #4 Main Street, No. Andover Middle Y' School Issued By NORTH ANDOVER _ Conservation Commission Signature(s) �-�— 1 h. rder must be signed by a majority of the Conservation Commission. On this-- 17th day of May 19 95 before me psrsoria v appeared George L Reich to me known to be the person described in and who executed the foregoing instrument and acknowledged that he/she executed tie came as his/her free act and deed. i March 22, 2002 Notary Public Donna Mae D'A ata My commission expires The applicant,the owner,any person aggrieved by this Order,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 Ifre Department of Environmental Quality Engineering to issue a Superseding Order,providing the request is made by certified mail or hand delivery to the Department,with the appropriate filing fee and Fee Transmittal Form as provided in 310 CMR 10.03(7),within ten days from the date of issuance of this Order.A copy of the request shall at the same time be sent by certified mail or hand delivery to the Conservation Commission and the applicant. J If you wish to appeal this decision under the Town Bylaw, a complaint must be filed in Superior Court. RECORDING INFORMATION: Detach on dotted line and submit to the North Andover Conservation Comm_prior to commencement of work. .................................................................................................................................................................................................................. North Andover Conservation Commission, 120 Main St. , North Andover rA Q18/5 To ssurng Aul ionly Please be advised that the Order of Conditions for the project at /1' NACC#4 Deeds , Northern Essex File Number �7y has been recorded at the Registry of and has been noted in the chain of title of the affected property in accordance with General Condition 8 on _—.—, 19_ If recorded land, the instrument number which identifies this transaction is If registered land, the document number which identifies this transaction is Signature Applicant 5-4A 310 CMR 10.99 Forth 2 JOYCrFR *- ;- �G WN A"E +AW DEP RO No. 242— NORTH AND (ro be vrovitlad by DEP) ate. _ ., Commonwealth .. CityTown North Andover 2 ('-3 r •� DINISCO DESIGN ��+O of Massachusetts Applicant :r �E— PARTNERSHIP 4/7/95 w. � .. Date Revuest Feed 495 Main Street North Andover Mid e S " , POSITIVE Determination oT �PP�tcahIlity Ma$sachusetts Wetlands Protection Act, G.L. c. 131, §40 From NORTH ANDOVER CONSERVATION COMMISSION Issuing Authority Richard Kaminski & Assoc, , Inc. Town of North Andover To Joseph B. Cushing Town Manager (Name of person making request) (Name of property owner) 360 Merrimack Street 120 Main Street Address Lawrence, MA 01843 Address North Andover, MA n1AA5 This determination is issued and delivered as follows: ❑ by hand delivery to person making request on (date) 1�x by certified mail, return receipt requested on 7' L-5'- (date) Pursuant to the authority of G.L. c. 131 §40, the North Andover Conservation Commission has considered your request for a Determination of Applicability and its supporting documentation, and has made the following determination(check whichever is applicable): Location: Street Address 495 Main Street Lot Number: 1. (LXXX The area described below, which includes all/part of the area described in your request, is an Area Subject to Protection Under the Act.Therefore, any removing,filling, dredging or altering of that area requires the filing of a Notice of intent.__ -- - - 1A-- - ` Under the North Andover Wetland Bylaw. Freshwater Wetland Subject to Protection Section II, Subsection 4, (a) , (b) , (c) . 2, El The work described below, which includes all;part of the work described in your request, is within an Area Subject to Protection Under the Act and will remove, fill, dredge or alter that area.There- tore. said work reouires the filing of a Notice of Intent: I Effective 11/10189 2-1 3, y The work described below, which includes all;part of the work described in vour request, is within the Butter Zone as defined in the reaulations. and will alter an Area Subject to Protection Under the Act.Therefore, said work requires the filing of a Notice of Intent This Determination is negative: 1. ❑ Tho area described in your request is not an Area Subject to Protection Under the Act. 2. ❑ The work described in your 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 Notice of Intent. 3. ❑ The work described in your request is within the Buffer Zone, as defined in the reaulations. 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. 4. C3The area described in your request Is Subject to Protection Under me Act, but since the work described therein meets the requirements for the foliow!no exemption.as specified in the Act and the regulations, no Notice of Intent is required Issued by.,� NORTH ANDOVER Conservation Commission Signatu s) G This Determination must be signed by a majority of the Conservation Commission. On this 19th day of April 19 95 before me persunatty a:,r.;sered George L. Reich to me known to be the person described i;., and who executed, the foregoing instrument, and acknowledged that he,she executed the same as hist er free act and deed. Nojary Pubim My commission expires This Determination does not relieve ine applicant tr0m comolyrng with alt oiner aoo!lcabte federal.state or coca!statutes.Ordinances, by.iaws or regulations.This Determination shalt be valiC for three years form ine oale of issuance The applicant,the owner.any person aggrieved by this Determination.any owner o!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 IOcaiec,are hereby notified Ot their right to reausst the Department of Environmental Protection to issue a Superseding Determination of App6cabilny,providing the request is made by cerittrec mail or hand delivery to the Department.with the appropriate tiling fee and Fee Transmural Form as provided in 310 CMR 10.03(71 within ten nays from the date of msuance of this Determination.A copy of the request shall at ine same time be sent by certified mad or nano oeuvery to the Conservation Commission and the applicant. 2.2A