Loading...
HomeMy WebLinkAboutSZELEST, FRANCESPb1flfl BOlBO Any appeal shall bef.TO WN OF NORTH ANDOVER MASSACHUSETTS within (20) days after the date of filing of this Notice in the Office of the Town Clerk. NOTICE OF DECISION Petition of Flintlock, Inc. PICE TO t KORTil ARDOVER Nov 17 9 34 11 Date . N9VEM141z. f (i, . 1995 Aug. 15, Sept. 5, 1995 Date of Hearing gtt .J9..QGt..3. 1995 Oct. 17, Nov. 7, 1995 Premises affected Lots 1 and 2 Boxford Street Referring to the above petition for a special permit from the requirements of the North Andover Zoning Bylaw Section 2,30.1. so as to allow c9ntr ct-Q1 xXXXMkAXX4ketVaitc of a common driveway to access Lots 1 and 2Boxfor0,,S rppt.,, After a public hearing given on the above date, the Planning Board voted DENY the SPECIAL PERMIT CC: Director of Public Works Building Inspector Natural Resource/Land Use Planner Health Sanitarian Assessors Police Chief Fire Chief Applicant Engineer File Interested Parties based upon the following conditions: Signed Joseph. V. MahoneX; Chairman Richard Rowen, Vice Chairman Alison .Lescarbeau:.Clerk Richard Nardella John Simons Planning Board• Town of North Andover OFFICE OF COMMUNITY DEVELOPMENT AND SERVICES KENNETH R. MAHONY Director November 15, 1995 146 Main Street North Andover, Massachusetts 01845 (508) 688-9533 Ms. Joyce Bradshaw Town Clerk 120 Main Street North Andover, MA 01845 Re: Special Permit - Common Driveway Lot 1 & 2 Boxford Street Dear Ms. Bradshaw, The North Andover Planning Board held a public hearing on Tuesday evening, August 15, 1995 in the Senior Center behind the Town Building on the application of Flintlock, Inc., PO Box 531 North Andover, MA 01845 requesting a special permit under Section 2.30 Paragraph 1 of the North Andover Zoning Bylaw. The legal notice was properly advertised in the North Andover Citizen on July 26 and August 2, 1995 and all parties of interest were duly notified. The following members were present: Joseph Mahoney, Chairman, Richard Rowen, Vice Chairman, Alison Lescarbeau, Clerk, John Simons, Richard Nardella and Alberto Angles, Associate Member. Mr. Rowen read the legal notices to open the public hearings. Jim Bourgeois from Neve Associates was present. The plan is very straightforward --proposal is to build a driveway to serve two homes. Ms. Colwell asked what is width of driveway? Mr. Bourgeois replied 12 feet. Mr. Simons asked where does the wetland begin? Mr. Bourgeois pointed it out on the map: it's near the edge of the property, and is 70 feet from one end to the other. Richard Bradshaw, Boxford Street, stated that the Szelest family 1 BOARD OF APPEALS 688-9541 Julie Perrino BUILDING 688-9545 CONSERVATION 688-9530 HEALTH 688-9540 PLANNING 688-9535 D. Robert Nicetta Michael Howard Sandra Starr Kathleen Bradley Colwell owned the property and the area is Flood plain: 100 year level is at at 114 feet, therefore, the road flood. Mr. Bradshaw is concerned that two will not be enough to control the back up. flooded in the springtime. elevation 114 feet, the road is would flood during a 100 year 12' culverts under the driveway flooding so that this will not Mr. Rowen asked if the water builds up gradually? Mr. Bradshaw replied yes, but it drains gradually also. Question was asked whether the adjacent land would be developed. Ms. Colwell stated that she has seen some test pits out there, but nothing has come into the office yet. She will request a letter from the Board of Health. Mrs. Bradshaw, Boxford Street stated that she has lived on the property for 45 years and it is a natural cranberry bog. Children skate on it in the winter, it floods that well. Mr. Mahoney stated that he has not seen the property yet, and would like to schedule a site walk for August 17th at 6:15. Ms. Colwell to see if Jim Grifoni can attend the site walk also, to discuss development of the adjacent property. Discussion continued until September 5, 1995. The North Andover Planning Board held a regular meeting on September 5, 1995. The following members were present: Joseph Mahoney, Chairman, Richard Rowen, Vice Chairman, Alberto Angles, Associate Member, John Simons and Richard Nardella. The Board walked the site, and the consensus was that the parcel adjacent to Duncan Drive should be developed in conjunction with this property. The suggestion was made that the two property owners should work together to try to develop the property as one parcel. Dave Kindred and Jim Grifoni have talked regarding this, and if the numbers work Mr. Kindred will purchase the property from Mr. Grifoni. In the meantime, Mr. Kindred is before the Board asking for approval for a special permit in order to obtain the financing for the property. Jim Bourgeois was present with the plan, and stated that concerns about flooding will be taken up at ConCom on September 20, 1995. Mr. Kindred told the Board that he has been talking with Mr. Grifoni about purchasing the land and developing it all together. 2 There is not a lot of information yet, the wetlands have to be flagged and additional testing of the soil must take place. Mr. Kindred would like to continue pursuing his original special permits plan, since it is not certain yet whether the property can be developed as one parcel. He is willing to leave an easement across his property to the Garagosian property. Dick Bradshaw, an abutter, stated that we are in a drought situation this summer, and the wetlands could be very difficult to determine. He would be in favor or putting a common drive in, but would very strongly oppose a roadway. Mr. Simons stated that the plan as presented doesn't fly, there are too many complications. Mr. Mahoney asked applicant to work a little more on the plan and come back. Mr. Kindred replied yes. Mr. Simons asked how long is the longest driveway? Mr. Bourgeois replied 500 feet. Mr. Bradshaw asked why is the property line five feet from my property line? Mr. Kindred replied that is the smallest wetland crossing. Mr. Nardella asked how many lots do you expect to get out of the land? Mr. Kindred replied 12 or 13 lots. The Board asked the applicant to revise the plan to show a fifty foot easement along the edge of the property and revise the house locations. Discussion of this matter is continued until September 19, 1995 meeting. The North Andover Planning Board held a regular meeting on September 19, 1995. The following members were present: Joseph Mahoney, Chairman, Alison Lescarbeau, Clerk and John Simons. Due to the lack of a quorum, the Planning Board was unable to continue the public hearing. The Board will continue the public hearing at the October 3, 1995 meeting. The North Andover Planning Board held a regular meeting on October 3, 1995. The following members were present: Joseph Mahoney, Chairman, Richard Rowen, Vice Chairman, Alberto Angles, Associate Member, Alison Lescarbeau, Clerk, John Simons and Richard Nardella. Dave Kindred was present. Ms. Colwell had asked Mr. Kindred to bring in a revised plan. He did, but it meant filling in an additional area of the wetlands. The plan was satisfactory to the Planning Board, but ConCom would not approve it. The ConCom did approve the crossing presented to the Board originally, following the stonewall. Mr. Kindred stated that he is in the process of negotiations with the Giragosian's, adjacent property owners. He hopes to purchase this property within a few weeks. On a motion by Mr. Nardella, seconded by Ms. Lescarbeau, the Board voted unanimously to close the public hearing. Staff was directed to draft a decision upon which the Board will vote at the October 17, 1995 meeting. The North Andover Planning Board held a regular meeting on October 17, 1995. The following members were present: Richard Rowen, Vice Chairman, Alison Lescarbeau, Clerk, Alberto Angles, Associate Member, John Simons and Richard Nardella. The Board would like more time to review the draft decisions and, therefore, continued their discussions. The Board has 90 days from October 3, 1995 to render a decision. The North Andover Planning Board held a regular meeting on November 7, 1995. The following members were present: Joseph Mahoney, Chairman, Richard Rowen, Vice Chairman, Alberto Angles, Associate Member, Alison Lescarbeau, Clerk and Richard Nardella. On a motion by Mr. Rowen, seconded by Mr. Nardella, the Board voted unanimously to DENY the special permit as amended. Attached are those conditions. Si cerely, v oseph V. Mahoney, Chairman North Andover Planning Board Lots 1 and 2 Boxford Street Special Permit - Common Driveway The Planning Board makes the following findings regarding the application of Flintlock, Inc., P.O. Box 531, North Andover, MA 01845, dated July 25, 1995, requesting a Special Permit under Section 2.30.1 of the North Andover Zoning Bylaw for the construction of a common driveway to access Lots 1 and 2 Boxford Street. FINDINGS OF FACT: 1. The application adheres to the bylaw restriction that no more than two (2) lots be serviced by this common drive. 2. The design and location will adversely affect the neighborhood as the proposed common driveway would allow access to a lot that would otherwise be inaccessible. 3. The proposed use is not in harmony with the general purpose and intent of the Bylaw as a common driveway in this location is not the most appropriate use of the land. Upon reaching the above findings, the Planning Board DENIES this Special Permit. cc: Director of Public Works Building Inspector Health Agent Assessor Conservation Administrator Police Chief Fire Chief Applicant Engineer File Boxford.Drive PliJKIIING aJRo Any appeal shall befileO q wN OF NORTH ANDOVER MASSACHUSETTS within (20) days after the date of filing of this Notice in the Office of the Town Clerk. Petition of NOTICE OF DECISION Flintlock, Inc. JoYcr El -AW TOWN CLhK NORTH ANDOVER 155 Date .11cAgr1M4 .16,..1995 Aug. 15, Sept. 5, 1995 Date of Hearing 3.,. 1995 Oct. 17, Nov. 7, 1995 Premises affected Lots 1 and 2 Boxford Street Referring to the above petition for a special permit from the requirements of the North Andover Zoning Bylaw Section .7 .2 .1.so. as to ,allow ,aqc ss, .to. waxaxx1112Rld , Lot 2 across Lot 1 Boxford Street. After a public hearing given on the above date, the Planning Board voted to DENY the SPECIAL PERMIT CC: Director of Public Works Building Inspector Natural Resource/Land Use Planner Health Sanitarian Assessors Police Chief Fire Chief Applicant Engineer File Interested Parties based upon the following conditions : Signed Joseph. V.. MahoneX.. Chairman.... . Richard. Rowen,. Vice. Chairman, , , Alison.Lescarbeau..Clerk,...,,,, Richard Nardella John Simons Planning B oard Town of North Andover OFFICE OF COMMUNITY DEVELOPMENT AND SERVICES KENNETH R. MAHONY Director November 15, 1995 146 Main Street North Andover, Massachusetts 01845 (508) 688-9533 Ms. Joyce Bradshaw Town Clerk 120 Main Street North Andover, MA 01845 Re: Special Permit - Access Across Street Frontage Lot 1 & 2 Boxford Street Dear Ms. Bradshaw, The North Andover Planning Board held a public hearing on Tuesday evening, August 15, 1995 in the Senior Center behind the Town Building on the application of Flintlock, Inc., PO Box 531 North Andover, MA 01845 requesting a special permit under Section 2.30 Paragraph 1 of the North Andover Zoning Bylaw. The legal notice was properly advertised in the North Andover Citizen on July 26 and August 2, 1995 and all parties of interest were duly notified. The following members were present: Joseph Mahoney, Chairman, Richard Rowen, Vice Chairman, Alison Lescarbeau, Clerk, John Simons, Richard Nardella and Alberto Angles, Associate Member. Mr. Rowen read the legal notices to open the public hearings. Jim Bourgeois from Neve Associates was present. The plan is very straightforward --proposal is to build a driveway to serve two homes. Ms. Colwell asked what is width of driveway? Mr. Bourgeois replied 12 feet. Mr. Simons asked where does the wetland begin? Mr. Bourgeois pointed it out on the map: it's near the edge of the property, and is 70 feet from one end to the other. Richard Bradshaw, Boxford Street, stated that the Szelest family 1 BOARD OF APPEALS 688-9541 Julie Parrino BUILDING 688-9545 CONSERVATION 688-9530 HEALTH 688-9540 PLANNING 688-9535 D. Robert Nicene Michael Howard Sandra Starr Kathleen Bradley Colwell owned the property and the area is Flood plain: 100 year level is at at 114 feet, therefore, the road flood. Mr. Bradshaw is concerned that two will not be enough to control the back up. flooded in the springtime. elevation 114 feet, the road is would flood during a 100 year 12' culverts under the driveway flooding so that this will not Mr. Rowen asked if the water builds up gradually? Mr. Bradshaw replied yes, but it drains gradually also. Question was asked whether the adjacent land would be developed. Ms. Colwell stated that she has seen some test pits out there, but nothing has come into the office yet. She will request a letter from the Board of Health. Mrs. Bradshaw, Boxford Street stated that she has lived on the property for 45 years and it is a natural cranberry bog. Children skate on it in the winter, it floods that well. Mr. Mahoney stated that he has not seen the property yet, and would like to schedule a site walk for August 17th at 6:15. Ms. Colwell to see if Jim Grifoni can attend the site walk also, to discuss development of the adjacent property. Discussion continued until September 5, 1995. The North Andover Planning Board held a regular meeting on September 5, 1995. The following members were present: Joseph Mahoney, Chairman, Richard Rowen, Vice Chairman, Alberto Angles, Associate Member, John Simons and Richard Nardella. The Board walked the site, and the consensus was that the parcel adjacent to Duncan Drive should be developed in conjunction with this property. The suggestion was made that the two property owners should work together to try to develop the property as one parcel. Dave Kindred and Jim Grifoni have talked regarding this, and if the numbers work Mr. Kindred will purchase the property from Mr. Grifoni. In the meantime, Mr. Kindred is before the Board asking for approval for a special permit in order to obtain the financing for the property. Jim Bourgeois was present with the plan, and stated that concerns about flooding will be taken up at ConCom on September 20, 1995. Mr. Kindred told the Board that he has been talking with Mr. Grifoni about purchasing the land and developing it all together. 2 There is not a lot of information yet, the wetlands have to be flagged and additional testing of the soil must take place. Mr. Kindred would like to continue pursuing his original special permits plan, since it is not certain yet whether the property can be developed as one parcel. He is willing to leave an easement across his property to the Garagosian property. Dick Bradshaw, an abutter, stated that we are in a drought situation this summer, and the wetlands could be very difficult to determine. He would be in favor or putting a common drive in, but would very strongly oppose a roadway. Mr. Simons stated that the plan as presented doesn't fly, there are too many complications. Mr. Mahoney asked applicant to work a little more on the plan and come back. Mr. Kindred replied yes. Mr. Simons asked how long is the longest driveway? Mr. Bourgeois replied 500 feet. Mr. Bradshaw asked why is the property line five feet from my property line? Mr. Kindred replied that is the smallest wetland crossing. Mr. Nardella asked how many lots do you expect to get out of the land? Mr. Kindred replied 12 or 13 lots. The Board asked the applicant to revise the plan to show a fifty foot easement along the edge of the property and revise the house locations. Discussion of this matter is continued until September 19, 1995 meeting. The North Andover Planning Board held a regular meeting on September 19, 1995. The following members were present: Joseph Mahoney, Chairman, Alison Lescarbeau, Clerk and John Simons. Due to the lack of a quorum, the Planning Board was unable to continue the public hearing. The Board will continue the public hearing at the October 3, 1995 meeting. The North Andover Planning Board held a regular meeting on October 3, 1995. The following members were present: Joseph Mahoney, Chairman, Richard Rowen, Vice Chairman, Alberto Angles, Associate Member, Alison Lescarbeau, Clerk, John Simons and Richard Nardella. 3 Dave Kindred was present. Ms. Colwell had asked Mr. Kindred to bring in a revised plan. He did, but it meant filling in an additional area of the wetlands. The plan was satisfactory to the Planning Board, but ConCom would not approve it. The ConCom did approve the crossing presented to the Board originally, following the stonewall. Mr. Kindred stated that he is in the process of negotiations with the Giragosian's, adjacent property owners. He hopes to purchase this property within a few weeks. On a motion by Mr. Nardella, seconded by Ms. Lescarbeau, the Board voted unanimously to close the public hearing. Staff was directed to draft a decision upon which the Board will vote at the October 17, 1995 meeting. The North Andover Planning Board held a regular meeting on October 17, 1995. The following members were present: Richard Rowen, Vice Chairman, Alison Lescarbeau, Clerk, Alberto Angles, Associate Member, John Simons and Richard Nardella. The Board would like more time to review the draft decisions and, therefore, continued their discussions. The Board has 90 days from October 3, 1995 to render a decision. The North Andover Planning Board held a regular meeting on November 7, 1995. The following members were present: Joseph Mahoney, Chairman, Richard Rowen, Vice Chairman, Alberto Angles, Associate Member, Alison Lescarbeau, Clerk and Richard Nardella. On a motion by Mr. Rowen, seconded by Mr. Nardella, the Board voted unanimously to DENY the special permit as amended. Attached are those conditions. /4,4 V. Mahoney, Chairman North Andover Planning Board Sincerely,�/ Lots 1 and 2 Boxford Street Special Permit - Access Across Street Frontage The Planning Board makes the following findings regarding the application of Flintlock, Inc., P.O. Box 531, North Andover, MA 01845, dated July 25, 1995, requesting a Special Permit under Section 7.2.1 of the North Andover Zoning Bylaw for access other than over the street frontage to allow access to Lot 2 across Lot 1 Boxford Street. FINDINGS OF FACT: 1. Special environmental conditions exist on the site. A large wetland resource area exists between the street frontage and the buildable portion of the lot. If the Planning Board were to grant this special permit, an additional house lot would be created as the applicant would not need any additional permits from the Conservation Commission. 2. The proposed use is not in harmony with the general purpose and intent of the Bylaw and it is not the most appropriate use of the land. Upon reaching the above findings, the Planning Board DENIES this Special Permit. cc: Director of Public Works Building Inspector Health Agent Assessor Conservation Administrator Police Chief Fire Chief Applicant Engineer File Boxford . Access 310 CMR 10.99 FoRm5 • dv�� • • • Commonwealth of Massachusetts DEP F;b No. [ 242-763 J (lobwucp uw.7byOEI') Cap town North Andover Aooiicant Flintlock, Inc. •Lots 1 & 2 Boxford Street Order of Conditions Massachusetts Wetlands Protection Act G.L. c. 131, §40 and under the Town of North Andover's Bylaw Chapter 3.5 From NORTH ANDOVER CONSERVATION COMMISSION To Flintlock, Inc. Frances Szelest (Name of Applicant) (Name of property owner) P 0 Box 531 780 Palmer Road North Andover MA 01845 Mill Spring, NC 28756 Address Address This Order is issued and delivered as follows: ❑ by hand delivery to applicant or representative on (dale) by certified mail, return receipt requested on /0/</96-- (dale) Lots 1 & 2 Boxford Street (his project is located at . The property is recorded at the Registry of NnrthP rn ECsPx Boo1134 Page 0468 • . Certificate (if registered) The Notice of Intent for this project was filed on August 4, 1995 (dale) •The public hearing was closed on September 20, 1995 (dale) Findings The North Andover Conservation Commission has reviewed the above -referenced Notice of Intent and plans and has held a public hearing on the project. Based on the information available to the NACC at this time. the NACC has determined that the area on which the proposed work is to be done is significant to the foltowino interests in accordance v.ith the Presumptions of Significa hcs1 e ftorth in the regulations for each Area Subject to Protection Under the � �8 Recreation Act (check as appropriate): Ch.178: Prevention of Erosion & Sedimentation Ch.178Wildlife N. Public water supply Flood control ❑ Land containing shellfish Private water supply Storm damage prevention = Fisheries . Ground water supply Prevention of pollution X Protection of wildlife habitat State Share $237.50 ('.': fee in Pxcess of S25) State Portion S ('iz total) Total Filing Fee Submitted City/Town Share $500.00 $262.50 Total Refund Due S City/Town Portion S ('/z total) Effective 11/10/89 5•1 DEP FILE # 242 - 763 9. The following wetland resource areas are affected by the proposed work: bordering land subject to flooding (BLSF) and bordering vegetated wetland (BVW). These resource areas are significant to the interests of the Act and Town ByLaw as noted above. These resource areas are 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. 10. The NACC DISAGREES with the applicant's delineation of the wetland resource areas as shown on the plan entitled "Plan of Land - Site Dev. Lots 1&2 Boxford Road" dated 7/11/95. Off -site wetland resource areas exist and there approximate location shall be shown on a revised plan submitted to the NACC and subsequently approved by the Conservation Administrator. 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. 11. 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. 12. 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. 13. The NACC finds that the intensive use of the upland areas and buffer zone proposed on this site to construct a common driveway over a bordering vegetated wetland (BVW) and bordering land subject to flooding (BLSF) and a portion of a dwelling (lot 2) within the buffer zone will cause further alteration of the wetland resource areas. In order to prevent any alteration of wetland resource areas beyond those proposed in the Notice of Intent (NOI) and approved herein, a twenty five foot (25') No -Disturbance Zone and a fifty foot (50') No -Construction Zone shall be established from the edge of the adjacent wetland resource area except at the entrance crossing (between wetland flags A-16 and A-17). No disturbance of existing grade, soils or vegetation is permitted in the no -disturbance zone. (See Appendix 5 of the local Regulations) THE NATURAL RESOURCE/LAND USE PLANNER AND/OR OTHER AGENTS OF THE NACC DO NOT HAVE THE AUTHORITY TO WAIVE THESE SETBACKS AS ESTABLISHED UNDER THE LOCAL BYLAW. PRIOR TO CONSTRUCTION 14. The applicant shall submit a revised plan showing approximate locations of off -site wetlands; C:\Winword\OOC\242-763.doc 2 NACC 10/5/95 • DEP FILE # 242 - 763 15. The septic system location as shown on Lot 1 on the plan referenced herein is UNNACEPTABLE as it exists within 100' of an off -site BVW. A revised plan shall be submitted and subsequently approved by the Conservation Administrator; 16. No more than 1,860 square feet of wetland filling is allowed under this Order of Conditions. The NACC finds the applicant's proposal for 2,325 sq. ft. of wetland replication to be INADEQUATE. The 1,860 square feet shall be replicated at a 2:1 ratio in the approximate location shown on the Notice of Intent plan (referenced above). The replication area shall be constructed in accordance with the requirements of 310 CMR 10.55(4). In addition, refer to Section VI(E), Wetland Replacement or Restoration, of the "Wetland Regulations for the Town of North Andover" (page 13) for performance standards. A modified plan showing 2:1 replication shall be submitted, and subsequently approved by the Conservation Administrator, indicating existing and proposed BVW analysis for the area to be altered and the replacement area; a construction sequence indicating times of year for each activity; an erosion control plan; and a comprehensive monitoring plan. This document should include the following information: a) Species lists using both common and genus/species identification, describing densities at each vegetative layer and discussion of vigor; b) Proposed contour elevations for the BVW replacement areas and cross section profiles showing relationship to existing elevations. Discussion should be provided as to how the replacement area will provide similar and adequate conditions to support the proposed replacement vegetative community; c) Current BVW functions (including wildlife habitat) should be identified with a description of how the replacement area will provide these functions. The proposal should identify if the replacement is intended to be in -kind or out -of -kind (with a clear discussion of the particular appropriateness of that selected to this site) and if any of the existing vegetation in the replacement area can be retained for replanting; d) A plan of how the proposed topography for the replacement area will meet the necessary hydrological conditions. Included should be a diagram of a planting scheme and a cross section of the pre and post replacement area; e) Provide the North Andover Conservation Department with the name of the firm or qualified individual experienced in wetland replication which will oversee the replication and provide detailed quarterly monitoring reports; f) If additional soils or vegetation is required for augmentation, what sources will be used?; g) The boundaries of the proposed wetland replacement area shall be staked. These stakes shall remain in place until wetland vegetation has become fully established; h) Wetland plants in the wetland area scheduled to be altered shall be removed carefully to prevent damage or desiccation, they should then be utilized to vegetate the replication area; C:\W inword\OOC\242-763. doc 3 NACC 10/5/95 DEP FILE # 242 - 763 i) The replication area shall be graded to its predetermined surface elevation. The exposed substrate shall be protected against erosion until re-establishment of wetland vegetation occurs; j) The entire replication area shall be surrounded by staked haybales and trenched silt fencing to prevent erosion until it is fully stabilized; k) If at the end of the second growing season, compliance with 310 CMR 10.55 (4)(b)(6) and the local ByLaw is not achieved, the NACC maintains the right to require additional mitigative measures; 1) The replication areas shall be constructed prior to other construction activity on site and this sequence shall be reflected in the construction sequence. 17. The sewer lines on the site, where they cross wetland resource areas, shall be tested for water tightness in accordance with North Andover DPW standards. The drainage pipe located at the wetland crossing shall be maintained and kept free of debris allowing for a hydrological connection and unaltered flow. This condition shall be ongoing and survive the issuance of a Certificate of Compliance. 18. 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. 19. 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. 20. 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 Department of Environmental Protection, File Number 242-763". 21. 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 C:\Winword\OOC\242-763.doc 4 NACC 10/5/95 DEP FILE # 242 - 763 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. 22. 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. 23. The applicant shall submit a construction schedule/sequence to the NACC detailing the proposed sequence of work on site to complete this project. 24. 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. 25. A row of staked hay bales backed by trenched siltation fence shall be placed between all construction areas and wetlands. The erosion control barrier will be properly installed and placed as shown on the plans referenced herein 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. 26. The applicant shall have on hand at the start of any soil disturbance, removal or stockpiling, a minimum of thirty (30) 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. 27. A check payable to the Town of North Andover shall be provided in the amount of $15,000 which shall be in all respects satisfactory to Town Counsel, Town Treasurer, and the NACC, and shall be posted with the North Andover Town Treasure before commencement of work. Said bond or 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 provision, satisfactory to the NACC, has been made for performance of any conditions which are of continuing nature. The applicant may propose a bond 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. C:\W inword\OOC\242-763. doc 5 NACC 10/5/95 DEP FILE # 242 - 763 DURING CONSTRUCTION 28. Upon beginning work, the applicant shall submit written progress reports every two (2) months 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. 29. 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. 30. No exposed area shall remain unfinished for more than thirty (30) days, unless approved by the NACC. 31. 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. 32. There shall be no stockpiling of soil or other materials within twenty-five (25) feet of any resource area. 33. 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. 34. Washings from concrete trucks, or surplus concrete, shall not be directed to, any drainage system, or wetland resource area. 35. 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. 36. Accepted engineering and construction standards and procedures shall be followed In the completion of the project. 37. 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 C:\Winword\OOC\242-763.doc 6 NACC 10/5/95 DEP FILE # 242 - 763 NACC reserves the right to require, following field inspection, additional information or resource protection measures. 38. 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' 39. 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. 40. 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. 41. 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. 42. Upon completion of the project, the applicant shall submit a letter to the NACC from a Registered Professional Civil Engineeer 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/state regulations is also required for the Wetland Replication/Restoration 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; C:\Winword\OOC\242-763.doc 7 NACC 10/5/95 DEP FILE # 242 - 763 D) A line showing the limit of work. "Work" includes any disturbance of soils or vegetation. 43. The following special conditions shall survive the issuance of a Certificate of Compliance (COC) for this project: 13. A 25' No -Disturbance Zone and a 50' No -Construction Zone shall be established from the edge of adjacent wetland resource areas except in those locations approved under DEP # 242- 763. Future work within 100' of existing wetland resource:, areas will require a separate filing with the NACC (refer to Section XI (page 18) of the Regulations for performance standards within these zones). The Natural Resource/Land Use Planner and/or other agents of the NACC do not have the authority to waive these setbacks or specific conditions as established under the local ByLaw; 37. Discharge of spillage of pollutants; 38. Prohibition of storage of fuels underground; 39. Limitations on the use of fertilizers, herbicides and pesticides. C:\Winword\OOC\242-763.doc 8 NACC 10/5/95 F ie Number lots 1 & 2 Boxford Road Issued By North A 'ver Conservation Commission Signature(s) ri; On this 4th day of George L. Reich personally appeared to me known to be the person described in and who executed the foregoing instrument and acknowledged that he/ side/executed the same as his/A/free act and deed. -)1(ait, Order must be signed by a majority of the Conservation Commission. October Notary Public 19 95 before me c2.6_ March 22, 2002 Donna Mae D'Agata My commission expires The apoucant, the owner. any person aggrieved by this Order, any owner of land abutting the land upon which the proocsed work is to be oone. or any ten residents of the city or town in which such land is located. are hereby notified of their right to request the Department of Environmental Protection to issue a Superseding Order, providing the reauest is made by certified mail or hand delivery to the Deoartment. with me 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 Determination. 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. If you wish to appeal this decision under the Town Bylaw, a complaint must be filed in Superior Court. PROVIDE COPY OF RECORDING TO: Detach on dotted line and submit to the North Andover Conservation Comm. prior to commencement of work. 120 Main Street; No. Andover MA 01845 To NORTH ANDOVER CONSERVATION COMMISSION Please be advised that the Oraer of Conditions for the protect at 242- t Lots 1 & 2 Boxford Road Issuing Authority has been recorded at the Registry of aria has been notea in me chain of tote of the affected property in accordance with General Condition 9 on 19 If recoroed Land. the instrument numoer which identifies MI5 transaction is If registered land. the document number which identifies this transaction is Signature Acoucan, 5.4A /742/:,/) /-/ : 11/114 eif4;} zit. let 1.,." Ar) KENNETH R. MAHONY Director Town of North Andover OFFICE OF COMMUNITY DEVELOPMENT AND SERVICES 146 Main Street North Andover, Massachusetts 01845 (508) 688-9533 Memorandum To: Garrett Boles, Assessor Joyce Bradshaw, Town Clerk ✓/ Robert Nicetta, Building Inspector From: Kathleen Bradley Colwell, Town Planner a Date: August 7, 1995 Re: FORM A PLAN - Lot 1 and 2 Boxford Street (property owned by Frances E. Szelest, to be developed by David Kindred) The Planning Board initially rejected this plan on July 19, 1995 due to the large wetland crossing required to access the buildable portion of the lot. The plan was subsequently resubmitted and was endorsed by the Board on August 1, 1995. Attached for your records is a copy of the endorsed plan. Please attaches this memeo and the endorsed plan to the rejected plan to avoid confusion in the future. If you have any questions please do not hesitate to call me at ext. 535. BOARD OF APPEALS 688-9541 BUILDING 688-9545 CONSERVATION 688-9530 HEALTH 688-9540 PLANNING 688-9535 Julie Perrino D. Robert Nicene Michael Howard Sandra Starr Kathleen Bradley Colwell % Received by Town Clerk: *YCE .a RADSHAW FORM A 1'{}'iN CLERK 'MT'MTN ANDOVER APPLICATION FOR ENDORSEMENT OF PLAN. BELIEVED NOT TO REQUIRE APPROVALtUL L7 1d 42 M'95 , 19 To the Planning Board of the Town of North Andover: The undersigned wishes to record the accompanying plan and requests a determination by said Board that approval by it under the Subdivision Control Law is not required. The undersigned believes that such approval is not required for the following reasons: 1. The division of land shown on the accompanying plan is not a sub- division because every lot shown thereon has the amount of frontage required b heor ndoyer Zoning By Law and is on.a public way, namely, �,-h -/ or a private way, namely, being land bounded as follows: (2e 2. The division of land shown on the accompanying plan is not a sub- division for the following reasons — 3. Title reference North Essex Deeds , Book //„/ � ; Page gj-7 ; or Certi fi cate of Title No. Registration Book Page Appl 1./74(*, (Print NameY Applicant's Address: �De -: Tel. No. Owner's signature and address if not the ap,i cant: "it iv J-Ut'I y7J�oi•�vu Received by Town Clerk: Notice to APPLICANT/TOWN 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 Nortfy ndover Planning Boar• has determined that said plan shows a subdivision, as defined by G.L. c. 41 . 81-L, and must therefor be re -submitted to it • r . •proval under the Su'division Contro-1—Caw. Very truly yours, NORTH ANDOVER PLANNING BOARD B y . Date: • Cl,