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Home My WebLink AboutREA, KENNETH W (3) Town of North Andover Office of the Zoning Board of Appeals Community Development and Services Division 27 Charles Street North Andover,Massachusetts 01845 ��ssAC D. Robert Nicetta Telephone(978)688-9541 Building Commissioner Fax(978)688-9542 Date 0 TO: Town of North Andover Zoning Board of Appeals 27 Charles Street North Andover MA 01845 cac�=' W T>�:�o .CD Please be advised that I have agreed to waive the time constraints for the Zoning�arck '�n„CD appeals to make a decision regarding the granting of a Variance and/or Special Permit foe: rn;'-'D property located at: STREET : !f�5 7r"lvul T 2/I /._ TOWN: N AA160V 12 NAME OF PETI IONER: Signed: etitioner(or petition 's representative ATTACHMENT WAIVER i�R D OF!PE-!S,6,!8-90BUILDING 688-9545 CONSERVATION 688-9530 HEALTH 688-9540 PLANNING 688-9535 BOARD OF APPEALS PAGE 2 OF 4 Date &Time Stamp RECEIVED RECEIVED Application for a SPECIAL PE I °RKA JOYC-&BRADISHAW NORTH ANDOVER "I TOWN CLER NORTH A OVER North ANDOVER ZONING BOARD Qf,4PffA.L S 1. Petitioner: Name, address and telepfio number: 508-662-4842 Kenneth W. Rea I Notices to be sent to 44 Rea St. , North Andaver, MA 018451 121 Collins Ding, Weare, NH 03281 'The petitioner shall be entered on the legal notice and the decision as entered above. 2. Owners of Land: Name, Address and Telephone number and number of years under this ownership: Kenneth W. Rea - 15 yrs. and old Yankee Realty Trust, Ralph R. Joyce, Trustee - 121 Collins Landing, Weare, NH 03281 508-662-4842 Years Owned Land: 3. Location of Property: a. Street: Rea & Chestnut.Sts. zoning District R3 b. Assessors: Map numbergeA Lot Number: at Tot c. Registry of Deeds: Book Number 2868 Page Number: 177, 178 & 179 5580 244 4. By-Law Sections under which the petition for the Special Permit is made. Section 5 and 5.8 *Refer to the Permit Denial and Zoning By-Law Plan Review as supplied by the Building Commissioner. 5. Describe the Special Permit request: To terminate the earth ra=al permits held by Kenneth W. Rea frau time to time and to address any matters revelant to Section 5.8 *The above description shall be used for the purpose of the legal notice and decision. A more detailed description is required pursuant to the Zoning Board Rules and Regulations as cited on page 4 of this application. Page 3 of 4 Application for a SPECIAL PERMIT NORTH ANDOVER ZONING BOARD OF APPEALS 6.a Existing Lot: Lot Area Open Space Percent Lot Frontage Parking * Minimum Lot set Back" Sq. Ft. Sq. Ft. Coverage Feet Spaces Front Side A Side B Rear 96 N.A. 9h b. Proposed Lot(S): Lot Area Open Space Percent Lot Frontage Parking * Minimum Lot set Back" Sq. Ft, Sq. Ft. Coverage Feet Spaces Front Side A Side B Rear N.A. g6 96 c. Required Lot: (As required by Zoning By-Law) Lot Area Open Space Percent Lot Frontage Parking * Minimum Lot set Back" Sq. Ft. Sq. Ft. Coverage Feet Spaces Front Side A Side B Rear N.A. 7. a. Existing Buildings: Ground Floor Number of Total Use of Number Square feet Floors Sq.feet Building' of Units N.A. "Reference Use Code numbers and Uses from the Zoning By-Law. State number of units in building. B. Proposed Buildings: Ground Floor Number of Total Use of Number Square feet Floors Sq.feet Building" of Units N.A. *Reference Use Code numbers and Uses from the Zoning Ordinance. State number of units in building. 8. Petitioner and Landowner signature (s): Every application for a Special Permit shall be made on this form which is the official form of the Zoning Board ofl, Appeals. 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 Cl rk or the Zoning Board of Appeals does not absolve the applicant from this responsibility. The petitioner shall be responsible for all expenses for Pili and legal notification.po xpe n9 eg n cation. Failure to comply with application requirements, as cited herein and in the Zoning Board Rules and Regulations may result in a dismissal by the Zoning Board of this applicatio as incomplete. SI nature Type above name s here Kenneth W. Rea Old Yankee Real 'i' t, p . Joyce, Trustee I I 1 APPLICANT'S PROPERTY: GRAVEL PIT-REA&CHESTNUT STREETS 98C/0003 KENNETH W. REA 44 REA STREET NORTH ANDOVER MA 01845 ABUTTERS PROPERTY: 98A/0087 ROGER A. LUCEY 67 KARA DRIVE NORTH ANDOVER MA 01845 RITA P. LUCEY 98A/0084 ALAN E. SWAHN 95 KARA DRIVE NORTH ANDOVEER MA 01845 MARIE SWAHN 98AI0083 LINDA BOUGIOUKAS 105 KARA DRIVE NORTH ANDOVER MA 01845 98A/0082 MARC S. FREEDMAN 119 KARA DRIVE NORTH ANDOVER MA 01845 LAURA W. FREEDMAN 98A/0081 PETER K. BENNETT 127 KARA DRIVE NORTH ANDOVER MA 01845 KATHLEEN D. BENNETT 98AI0085 JOHN MORRISON 87 KARA DRIVE NORTH ANDOVER MA 01845 PATRICIA 98A/0086 MICHAEL J.GAISS 79 KARA DRIVE NORTH ANDOVER MA 01845 JENNIFER A.GAISS 98A/0008 YOUNG FAMILY 1999 REAL1114 REA STREET NORTH ANDOVER MA 01856 LESTER E.&JAMES W.YOUNG,TRS. 98C/0002 SBA TOWERS,INC ONE TOWN CENTER ROAD BOCA RATON FL 33486 98C/0029 BARRY J.O'HAGAN 455 CHESNUT ST. NORTH ANDOVER MA 01845 MARIE O'HAGAN 98C/0084 WILLIAM MILLER ESTATE P.O. BOX 2105 ANDOVER MA 01810 98C/0083 JOHN T.CORDNER 425 CHESTNUT ST. NORTH ANDOVER MA 01845 DIANA R. CORDNER 98C/0082 ROBERT A.O'BRIEN 415 CHESTNUT ST. NORTH ANDOVER MA 01845 ANDREA L.O'BRIEN 98C/0066 NICHOLAS J.DiRICO 406 CHESTNUT ST. NORTH ANDOVER MA 01845 NUKET M.DiRICO 98C/0085 CRAIG TAYLOR 445 CHESTNUT ST. NORTH ANDOVER MA 01845 LORETTA TAYLOR 98C/0110 JOHN J. MARCONI 416 CHESTNUT ST. NORTH ANDOVER MA 01845 KATHERINE MARCONI 98A/0009 WILLIAM P.WOODCOCK 130 REA STREET NORTH ANDOVER MA 01845 MARY J.WOODCOCK THIS INFORMATION WAS OBTAINED AT THE ASSESSOR'S OFFICE AND CERTIFIED BY THE ASSESSOR'S OFFICE BY: DATE: SIGNATURE,ASSESSOR,TOWN OF NORTH ANDOVER REQUIRED LIST OF PARTIES OF INTEREST PAGE 1F 1 Certified DateDate /a. ///0/ Bo of Asse r N h Andover i 98AI0060 WENDY L.GALE 30 JAY ROAD NORTH ANDOVER MA 01845 98A/0004 RAJINI CHITKARA 42 JAY ROAD NORTH ANDOVER MA 01845 SINGH HARBADEEP 98A/0059 ALLAN MICHAEL MARCUS 50 JAY ROAD NORTH ANDOVER MA 01845 9BA10080 MARC L. MOSIER 137 KARA DRIVE NORTH ANDOVER MA 01845 ELLEN S. MOSIER 98A/0088 PRAKIP K. MULCHERJEE 59 KARA DRIVE NORTH ANDOVER MA 01845 SWATI MULCHERJEE 98A/0058 PHILIP S.SULLIVAN 68 JAY ROAD NORTH ANDOVER MA 01845 JOYCE ANN SULLIVAN 9BA10093 DYKE S.MORRISEY 9 KARA DRIVE NORTH ANDOVER MA 01845 DONNA J. MORRISSEY 98A/0079 MARK J. SULLIVAN 141 KARA DRIVE NORTH ANDOVER MA 01845 LOUISE M. SULLIVAN 98A/0006 DEWI REALTY TRUST 92 BEVERLY STREET NORTH ANDOVER MA 01845 DOUGLAS WILSON,TR 98A/0097 HARRY COMERCHERO 114 KARA DRIVE NORTH ANDOVER MA 01845 SHERRY COMERCHERO 98A/100 BOULLIE REALTY TRUST 100 KARA DRIVE NORTH ANDOVER MA 01845 MARK J. BOULLIE,TR CATHERINE S. BOULLIE,TR 98A/0101 RONALD J.WILSON FALCON DRIVE PELHAM NH 03076 CAROL WILSON 98C/0081 THOMAS P.SHEEHAN 405 CHESTNUT ST. NORTH ANDOVER MA 01845 JANET SHEEHAN 98C/0108 ACORN REALTY TRUST 733 TURNPIKE STREET NORTH ANDOVER MA 01845 T.D. LAUDANI,TR SUITE#156 98C/0107 ALDEN K.COOLIDGE 11 WOODLEA ROAD NORTH ANDOVER MA 01845 KAREN A.COOLIDGE 986/0014 JOSEPH G.ANDERSON 125 REA STREET NORTH ANDOVER MA 01845 ELLEN J.ANDERSON 9813/0015 PETER D. PUTNAM 111 REA STREET NORTH ANDOVER MA 01845 JANE L. PUTNAM THIS INFORMATION WAS OBTAINED AT THE ASSESSOR'S OFFICE AND CERTIFIED BY THE ASSESSOR'S OFFICE PAGE 2 OF 3 98C/119 JAMES HUGHES 490 CHESTNUT ST. NORTH ANDOVER MA 01845 KIM HUGHES 98C/120 DONALD CRONIN 500 CHESTNUT ST. NORTH ANDOVER MA 01845 SHANNON CRONIN 98C/0030 WILLIAM S. BUCO 465 CHESTNUT ST. NORTH ANDOVER MA 01845 PAMELA BUCO THIS INFORMATION WAS OBTAINED AT THE ASSESSOR'S OFFICE AND CERTIFIED BY THE ASSESSOR'S OFFICI PAGE 3OF3 i 1 UCC Weare,NH 03281 Td,;5:529-0264 F=603-523 W 121 LAWW 4 April 9, 2002 Town of North Andover ROBERT NICETTA, BUILDING INSPECTOR Charles Street 01845 North Andover, MA RE: LOTS 1, 2 & 3 CHESTNUT STREET RETAINING WALLS Dear Bob: I saw Mr. Maguire today and he passed on your concern about footnote #13 on the submitted plans for the steel reinforced concrete walls proposed by Mr. Hargraves. Mx. Hargraves and z are aware of the geotechnical. services required and have, in fact, ranalysis etained Ge of their Inc, to conduct the same, I enclosed but aitco is not likely retainer agreement for your r of Tete by the April meeting that their work will be COMP I request that you ask the Board of Appeals. Accordingly, enerally as I presume the award to to ontidoe sohmatter cal unt 1 the walls and geotechni they will w analysis is finished. further information I can In the . interim, if there is any lease advise. provide on the ,wall design, or otherwise, p Ver 'tr y s. RalP h R. fly RRJ:mjj O h r cc: Board Of Appealsr CDM CD CD John Hargraves 1CD APR 1 0 2002 D J BOARD OF APPEALS Feb- 12-02 04 : 36P P . 01 Law Office of.Ralph R 12M r 121 CAns Imdi�Tewe,NH 03281 TeL 978 68"555 Fax.6413-529-89a fcb 11 20W niary , Zoning Bawd of Appeals C: WH&m S hraim -�, C'-{-< ulkvaa� C rn Charles Street aC" _ r C-) North Andover, KA 01845 � "�E't oC)rno rTI x`- RE: CUSTNUT AND REA STREETS F rri 0 Dew Sirs: Please be advised that the nwoaiat you requested at the Jmuaty m oft wdl not be ready far tomorrow cvenm& Y request„there6are,that you conthm this matter gam`to your March agenda aad accept this kner as your mAb ority to extend aW stattttory timeframes within w wh the Bond must act unW the Maach meeting. very n uty Yom knoeth W Ralph eS Joyce... T2.R A45 I O li',!�� ,, . � 1 2 2042 •- BOARD 05 APPEALS Apr'- 10-02 15:29 P -02- Town of North Andover Office of the Zoning Board of Appeals Community Development send Services]Division 27CIarles Street •-� North Andovpx, Maswchusetts 01845 s D. Robert Nke= Telephnae(478)694-0541 Building(.'nmmj.,;.wmer Fax(978)688-9542 U3tC 1 �( TO: 'Town of North Andowr Zoning Board of Appeals 27 Cbariec Street North Andover MA D1945 Please be advised that 1 have agreed to waive the tiax consuairns for the Zoning Board of appeals to tnake a decision cega:'ding the grant ft of a Variwe and/or Spacial Petmit for property located at: s TREEI TOWN: MEETING DATE(S):.. ..... NAME OF 7CA6WUM(or Signed: Y� oor �nivlitt c�C= c AC1.A11�2?FATFTsAI3nitR.9iA1 Pxm,nT!a{:GS�3Sa5 s�i)F:Si•:JtVAIYU:utritK-8'34 iFk;N„T1I4�i�5du Pr.�r.7�Jtt�;C:t�Rs-�a"'s;�. `.=a—{-G �i C)C-) :r zz-M r r>«>;` M CD DL <� M� �u 20 2A �- BOARD OF APPEALS Mzsy- It+-•02 :�?. 17 t"�_02 To-virn. of North .Andover rcRv„ Office of the Zoning Board of Appeals �Q� • " Community Development and Services Division 27(.harlm Street • ' r ` ` I�c�rih Anciu�r-r,M?35r1C�'ictSClic{71A45 'as+c,nrs� E). Robert Nice(W Feleptime(9731 W-95i' Htti(�is:g GdtrFJ7aiv,jri��e r Fit' (97$)6$8-9542 j 9 Date C- C-- 'C:) -c rn r. r Ny fir ; TO: Town ofNoah Andover C:) CD rri CD 71 X_�CD<; Zoninb Board of tAppeAs D <�=� 2'7 Chinos Stzect co North Andove,MA 01845 (-n Pleas-,be udvisod Oat 1 have agreed to Waitie the tirnc constraints for tha Zoning$card of appcajs to nasal a deeiSiov regmiing VIC aFan ing of u Vwia=and ku SpWiat PCIMIT fO" propei,Ty located ut: STRUT; TO"- NIFETINI G D.ATK(s): , c� Yarn NAME:OF i'£T NE Signed' Peti:io - f or dirt ! r resmtativej w,�l\tFR tN.1.1 ie�:()F-A?Vl�1L1 taa4 175,:1 FT�J it,i):ht:.f�CK'95•ts CX)f:Si�'e`InTKTN Cii:S-`.ai3�` FTF..tii.T'-S t�i't.4);%A:� hF.,1A:!43Kt;PKK-t.`za QV MAY 1 7 2002 BOARD OF APPEALS Jan- 16-02 10 : 49A P , 03 Town of North Andover Office of the Zoning Board of Appeals Community Development and Services Division , r Heidi Criffi1, nivisio11 Director 27 Charles 5&001 North Andover, Massachust�tts (.)'1845 TeWphone (978)688-9541 L) Robert Nicclill Fax (978)688-9542 l�rrrlrl;nk> ('i,nulrr.•.ei«rrct• Date: N H7 TO: Town of North Andover z Mn Zoning Board of Appeals — F- F 27 Charles Street M� North Andover, MA 0 .845 D `)�� -- <x= Q ry Please be advised that I have agreed to waive the time constraints for the N Zoning Board of Appeals to make a decision regarding the granting of a Variance and/or Special Permit for property located at: STREET: �,. -��-� %'1�iUU7- t ,F TOWN: MEETING DATE(S): - � � t� Cx � NAME OF PETITllc O�lR: T��'�� { ._�' �% Signed: ...P TITI0NER or PyWner s Representative} Miwetimecon12/01 2002 BOARD OF APPEALS IBC);1u1)OFA IT 11.•%I,S r%%.9541 f31i1L1>lvt'i fi6R-95 5 CONSFAVA`I'ION(M-9530 Ili`ALTFI b89-9540 PLANNIN0 fink-9535 c s LlMassachusetts Department of Environmental Protection DEP File Number: Bureau of Resource Protection - Wetlands WPA Form 5 Order of Conditions 242-1186 Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 Provided by DEP A. General Information Important: When filling From: out forms on North Andover the computer, Conservation Commission use only the tab key to This issuance if for(check one): move your cursor-do ® Order of Conditions not use the return key. ❑ Amended Order of Conditions V`RrabA To: Applicant: Property Owner(if different from applicant): Peachtree Development, LLC. Kenneth W. Rea Name Name renan P.O. Box 3039 44 Rea Street Mailing Address Mailing Address Andover Ma 01810 North Andover Ma 01845 City/Town State Zip Code City/Town State Zip Code 1. Project Location: Chestnut Street/Rea Street North Andover Street Address City/Town Map 98A/98B/98C Lot 7, 105, 11, 23, 3 Assessors Map/Plat Number Parcel/Lot Number 2. Property recorded at the Registry of Deeds for: Essex North 4711/2868 116,118, County Book 177,178 Certificate(if registered land) 3. Dates: 2/14/03 4/16/03 4/23/03 Date Notice of Intent Filed Date Public Hearing Closed Date of Issuance 4. Final Approved Plans and Other Documents (attach additional plan references as needed): NOI &Addendum 2/14/03 & Title 3/21/03 Site Plans 3/20/03 Title Date Title Date 5. Final Plans and Documents Signed and Stamped by: Paul A. Marchionda P.E. Name 6. Total Fee: $ 1,537.50 (from Appendix B:Wetland Fee Transmittal Form) Wpaform5.doc•rev.12/15/00 Page 1 of 7 Massachusetts Department of Environmental Protection DEP File Number: Bureau of Resource Protection - Wetlands WPA Form 5 - Order of Conditions 242-1186 Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 Provided by DEP B. Findings Findings pursuant to the Massachusetts Wetlands Protection Act: Following the review of the above-referenced Notice of Intent and based on the information provided in this application and presented at the public hearing, this Commission finds that the areas in which work is proposed is significant to the following interests of the Wetlands Protection Act. Check all that apply: ® Public Water Supply ❑ Land Containing Shellfish ® Prevention of Pollution ® Private Water Supply ❑ Fisheries ® Protection of Wildlife Habitat ® Groundwater Supply ® Storm Damage Prevention Flood Control Furthermore, this Commission hereby finds the project, as proposed, is: (check one of the following boxes) Approved subject to: ® the following conditions which are necessary;in accordance with the performance standards set forth in the wetlands regulations, to protect those interests checked above. This Commission orders that all work shall be performed in accordance with the Notice of Intent referenced above, the following General Conditions, and any other special conditions attached to this Order. To the extent that the following conditions modify or differ from the plans, specifications, or other proposals submitted with the Notice of Intent, these conditions shall control. Denied because: ❑ the proposed work cannot be conditioned to meet the performance standards set forth in the wetland regulations to protect those interests checked above. 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 to protect these interests, and a final Order of Conditions is issued. ❑ the information submitted by the applicant is not sufficient to describe the site, the work, or the effect of the work on the interests identified in the Wetlands Protection Act. Therefore,work on this project may not go forward unless and until a revised Notice of Intent is submitted which provides sufficient information and includes measures which are adequate to protect the Act's interests, and a final Order of Conditions is issued. A description of the specific information which is lacking and why it is necessary is attached to this Order as per 310 CMR 10.05(6)(c). General Conditions (only applicable to approved projects) 1. Failure to comply with all conditions stated herein, and with all related statutes and other regulatory measures, shall be deemed cause to revoke or modify this Order. 2. The Order does not grant any property rights or any exclusive privileges; it does not authorize any injury to private property or invasion of private rights. 3. This Order does not relieve the permittee or any other person of the necessity of complying with tall other applicable federal, state, or local statutes, ordinances, bylaws, or regulations. Wpaform5.doc•rev.12/15/00 Pale 2 of 7 C Massachusetts Department of Environmental Protection DEP File Number: Bureau of Resource Protection - Wetlands WPA Form 5 - Order of Conditions 242-1186 Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 Provided by DEP B. Findings (cont.) 4. The work authorized hereunder shall be completed within three years from the date of this Order unless either of the following apply: a. the work is a maintenance dredging project as provided for in the Act; or b. the time for completion has been extended to a specified date more than three years, but less than five years, from the date of issuance. If this Order is intended to be valid for more than three years, the extension date and the special circumstances warranting the extended time period are set forth as a special condition in this Order. 5. This Order may be extended by the issuing authority for one or more periods of up to three years each upon application to the issuing authority at least 30 days prior to the expiration date of the Order. 6. Any fill used in connection with this project shall be clean fill.Any fill shall contain no trash, refuse, rubbish, or debris, including but not limited to lumber, bricks, plaster, wire, lath, paper, cardboard, pipe, tires, ashes, refrigerators, motor vehicles, or parts of any of the foregoing. 7. This Order is not final until all administrative appeal periods from this Order have elapsed, or if such an appeal has been taken, until all proceedings before the Department have been completed. 8. No work shall be undertaken until the Order has become final and then 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 the registered land, the Final Order shall also be noted on the Land Court Certificate of Title of the owner of the land upon which the proposed work is done. The recording information shall be submitted to this Conservation Commission on the form at the end of this Order, which form must be stamped by the Registry of Deeds, prior to the commencement of work. 9. A sign shall be displayed at the site not less then two square feet or more than three square feet in size bearing the words, "Massachusetts Department of Environmental Protection" [or, "MA DEP"] "File Number 242-1186 " 10. Where the Department of Environmental Protection is requested to issue a Superseding Order, the Conservation Commission shall be a party to all agency proceedings and hearings before DEP. 11. Upon completion of the work described herein, the applicant shall submit a Request for Certificate of Compliance (WPA Form 8A)to the Conservation Commission. 12. The work shall conform to the plans and special conditions referenced in this order. 13. Any change to the plans identified in Condition#12 above shall require the applicant to inquire of the Conservation Commission in writing whether the change is significant enough to require the filing of a new Notice of Intent. 14. The Agent or members of the Conservation Commission and the Department of Environmental Protection shall have the right to enter and inspect the area subject to this Order at reasonable hours to evaluate compliance with the conditions stated in this Order, and may require the submittal of any data deemed necessary by the Conservation Commission or Department for that evaluation. Wpaform5.doc•rev.12/15/00 Page 3 of 7 T t Massachusetts Department of Environmental Protection DEP File Number: Bureau of Resource Protection Wetlands WPA Form 5 - Order of Conditions 242-1186 Provided by DEP Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 B. Findings (cont.) 15. This Order of Conditions shall apply to any successor in interest or successor in control of the property subject to this Order and to any contractor or other person performing work conditioned by this Order. 16. Prior to the start of work, and if the project involves work adjacent to a Bordering Vegetated Wetland, the boundary of the wetland in the vicinity of the proposed work area shall be marked by wooden stakes or flagging. Once in place, the wetland boundary markers shall be maintained until a Certificate of Compliance has been issued by the Conservation Commission. 17. All sedimentation barriers shall be maintained in good repair until all disturbed areas have been fully stabilized with vegetation or other means.At no time shall sediments be deposited in a wetland or water body. During construction, the applicant or his/her designee shall inspect the erosion controls on a daily basis and shall remove accumulated sediments as needed. The applicant shall immediately control any erosion problems that occur at the site and shall also immediately notify the Conservation Commission, which reserves the right to require additional erosion and/or damage prevention controls it may deem necessary. Sedimentation barriers shall serve as the limit of work unless another limit of work line has been approved by this Order. Findings as to municipal bylaw or ordinance Furthermore, the North Andover hereby finds(check one that applies): Conservation Commission ❑ that the proposed work cannot be conditioned to meet the standards set forth in a municipal ordinance or bylaw specifically: Municipal Ordinance or Bylaw Citation Therefore, work on this project may not go forward unless and until a revised Notice of Intent is submitted which provides measures which are adequate to meet these standards, and a final Order of Conditions is issued. ® that the following additional conditions are necessary to comply with a municipal ordinance or bylaw, specifically: North Andover Wetland Protection Bylaw Chapter 178 Municipal Ordinance or Bylaw Citation The Commission orders that all work shall be performed in accordance with the said additional 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. Wpaform5.doc•rev.12/95/00 Page 4 of 7 1 FINDINGS 242-1186 The applicant,Peachtree Development, LLC, filed a Notice of Intent with the North Andover Conservation Department on February 14, 2003 for construction of a 29 lot Planned Residential Development and construction of 5 condominium buildings. The project will be constructed in a series of phases as required by the North Andover Planning Board. The 29 homes will be serviced from a proposed subdivision roadway with public utilities accessed of Chestnut Street and the condominium units will be serviced from a constructed roadway and public utilities accessed from Rea Street. Stormwater management infrastructure will include deep sump and hooded catch basins, STORMCEPTORO units and construction of two pocket wetlands. The Applicant proposes to achieve groundwater recharge through the installation of subsurface dry wells for each of the individual homes and condominium buildings. Work will be located within the buffer zone of bordering vegetated wetland and within Riverfront Area associated with Mosquito Brook. Approximately 162,000 s.f. of buffer zone impact will result from house, condominium, roadway and drainage infrastructure construction. Approximately 4,850 s.f. of impacts to Riverfront Area (Outer Riparian)will result from construction of one of the stormwater wet ponds. The public hearing was opened on February 26, 2003 then immediately continued due to lack of quorum and the hearing was closed at a scheduled special meeting held on April 16, 2003. The project was extensively reviewed by the Conservation Commission's Consultant, Lisa Eggleston,P.E. All of the engineering issues raised by Ms. Eggleston were adequately addressed prior to the hearing closure on April 16, 2003. Construction of two "Pocket Wetlands" have been proposed by the applicant in order to achieve sufficient TSS removal rates, as required by the DEP Stormwater Management Policy. "Pocket Wetland 1" is located adjacent to the intersection of Chestnut Street and Rea Street. Pocket Wetland 2" is located to the rear of Lots 12 and 13 of the subject development. "Pocket Wetlands" are innovative BMPs whose purpose is to create a vegetated filter by which TSS is reduced and the water quality improved. A careful and correct design of the pocket wetland and is critical to the overall compliance of the entire stormwater management design. Beyond careful and correct design is implementation of construction techniques that allow for proper consideration 1 i for fluctuations in groundwater elevation and fluctuations in the surface water levels in the pond itself during detained water storm events. Final design and careful selection of plant media species can only be actually determined at the end of construction activity at which time an evaluation of final hydrology within the pond can be determined. The NACC agrees with the concept of use of innovative technologies for stormwater BMP's and the NACC encourages an applicant's use of these technologies. The applicant proposes to initially use the constructed pocket wetlands as sedimentation / siltation control ponds during the initial phases of development and construction. During this period of time, considerably high degrees of inspection and maintenance are required within these ponds in order to best provide prevention of illicit and damaging discharges of construction silt from the construction site. Also during the development construction phases,highly fluctuating groundwater elevations are expected. Fluctuating groundwater elevations can be attributed to the constant changes resulting from up-gradient land alterations and will certainly change the character of surface and groundwater migration paths during the construction phases. The applicant's biologist testified that a state of equilibrium in the groundwater hydrology can only be expected at the conclusion of all construction phases. Upon completion of construction, groundwater monitoring can be concluded and an elevation identified and documented in order to properly design the final pond elevations and selection of"filter plant media" can be made. Sufficient hydrology within and around the pocket wetland is crucial for the success of the various wetland species zones within the wetland pockets. Upon final completion and plantings within the ponds, growth and plant community success monitoring will be required for three years to determine if the ponds are functioning adequately and, if they do in fact,meet the stormwater standard by providing the required TSS removal rate. The applicant in their Operations and Maintenance Plan filed with the NOI and during their testimony stated that pocket wetlands require a much higher than typical degree of maintenance. The O&M Plan requires frequent street sweeping and four-time per year catch basin cleaning;both levels of service more than three times that typically provided by the Town's DPW. The NACC asserted that the O&M Plan could not be met by the Town DPW. The applicant stated that though the roadway would be built to Town public way standards so that the roadway be accepted as a public way, a homeowner's association would be created and that stormwater O&M would be the responsibility of the homeowner's association. Stormwater structures including the catch basins, STORMCEPTORO and constructed pocket wetlands will be maintained in i perpetuity by the established homeowners and condominium association(s), in order to ensure the adequate and proper maintenance of the structures. The applicant has prepared their hydrologic analysis (with regard to peak flow attenuation) assuming that none of the runoff generated from roofs is diverted to infiltration dry wells. The NACC recognizes that the stormwater system and detention ponds have been analyzed and sized under a (hydrologically) conservative approach and as such accepts the applicant's analysis. However, under stormwater standards roof runoff must be infiltrated to the ground to the greatest extent practicable given the indigenous soil condition and the ability of the ground to accept infiltrated water. The applicant proposes individual infiltration dry wells at each proposed building location (shown on plan). The applicant,prior to the close of the public hearing,had not conducted any percolation tests to sufficiently determine the ability of the soil to accept infiltration. The applicant agreed to perform site specific percolation tests as each building permit is applied for. The NACC shall maintain its rights to withhold (or deny) any building permit where insufficient infiltration exists and therefore fails to meet the groundwater recharge standards. The NACC finds that the applicant has adequately met it's burden with regard to the matter of groundwater recharge on an overall development basis and the NACC finds that site specific percolation tests will adequately address the matter at the time of each individual building permit application. The applicant testified that stormwater discharged from Pocket Wetland 1 would exceed the capacity of the existing culvert beneath Rea Street (at Chestnut Street) and as such would overtop the bank and flow across Rea Street. This effect is the same as that that now exists. The NACC maintains that water quality in Mosquito Brook is degraded by this flooding condition. The applicant agreed to install an overflow outlet pipe from Pocket Wetland 1 and extend it to a discharge location many feet east of the existing discharge location (near the existing Rae barn on the south side of Rea Street). The applicant also agreed to secure a proper easement from the landowner and running in favor to the Town of North Andover for drainage purposes. Accordingly, the Order of Conditions requires submittal of revised plans for construction of an additional outflow pipe from wetland pocket#1,which may reduce the flooding from the existing culvert located at the corner of Chestnut and Rea Street. 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 below. To the extent that the following conditions modify or differ from the plans, specifications or other proposals submitted with the Notice of Intent,the conditions shall control EZ RAL CONDITIONS 18. 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. 19. This Order does not grant any property rights or any exclusive privileges;it does not authorize any injury to private property or invasion of property rights. However, the NACC, agent of the NACC or the Department of Environmental Protection (DEP)reserves the right to enter and inspect the property at all reasonable times until a Certificate of Compliance is issued, to evaluate compliance with this Order of Conditions, the Act(310 CMR 10.00),the North Andover Wetland ByLaw and Regulations,and may require any information,measurements,photographs, observations,and/or materials, or may require the submittal of any data or information deemed necessary by the NACC for that evaluation. Further,work shall be halted on the site if the NACC,agent or DEP determines that any of the work is not in compliance with this Order of Conditions. Work shall not resume until the NACC is satisfied that the work will comply and has so notified the applicant in writing. 20. 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. 21. The work authorized hereunder shall be completed within three years from the date of this order. 22. 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 thirty days (30) prior to the expiration date of the Order (Refer to Section VIII(B)(p.33)of the North Andover Wetland Regulations). 23. 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. Y � 24. 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. 25. 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,including homeowner's association(s) and condominium owner's association(s). These obligations shall be expressed in covenants in all deeds to succeeding owners of portions of the property. 26. 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. 27. The proposed work includes: Construction of a Planned Residential Development consisting of 29 single family homes with an associated cul-de-sac off Chestnut Street and 5 condominium buildings with a driveway onto Rea Street. Construction and installation of two stormwater detention/wet ponds,sewer lines and utilities are associated with the project. Portions of the project will be located within Riverfront Area and buffer zone to Bordering Vegetated Wetland. 28. 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: Peachtree Development, LLC PO Box 3039 Andover, MA 01810 Dated February 14, 2003 Site Plans Prepared by Marchionda &Associates, L.P. Entitled: Plan to Accompany Notice of Intent, Peachtree Farm in North Andover,MA, Prepared for Peachtree Development, LLC • Cover Sheet, 1 of 18, Rev. 3/20/03; • Existing Conditions Sheet,2 of 18, Rev. 3/20/03; • Existing Conditions Sheet, 2 of 18, Rev. 3/20/03; • Overall Site Layout, Sheet 3 of 18, Rev. 3/20/03; f • y • Grading &Utilities Plan, Sheet 4 of 18, Rev.3/20/03; • Grading & Utility Plan, Sheet 5 of 18, Rev. 3/20/03; • Grading &Utility Plan, Sheet 6 of 18, Rev. 3/20/03; • Grading & Utility Plan, Sheet 7 of 18, Rev. 3/20/03; • Plan & Profile, Peachtree Lane 0+00—8+00, Sheet 8 of 18, Rev. 3/20/03; • Plan & Profile, Peachtree Lane 8+00— End, Sheet 9 of 18, Rev.3/20/03; • Plan & Profile, Lavender Circle, Sheet 10 of 18, Rev.3/20/03; • Details, Sheet 11 of 18, Rev. 3/20/03; • Details, Sheet 12 of 18,Rev. 3/20/03; • Details, Sheet 13 of 18,Rev. 3/20/03; • Details, Sheet 14 of 18,Rev. 3/20/03; • Details, Sheet 16 of 18,Rev. 3/20/03; • Pondscaping Plan, Constructed Pocket Wetland, Stormwater Management Pond 1, Sheet 17 of 18, Rev. 3/20/03; • Pondscaping Plan, Constructed Pocket Wetland, Stormwater Management Pond 2, Sheet 18 of 18, Rev. 3/20/03; Addendum to Notice of Intent: Peachtree Farm, Planned Residential Development,North Andover, MA Dated March 21, 2003 Hydrologic Analysis: Peachtree Farm, Planned Residential Development,North Andover, Massachusetts, Prepared for Peachtree Farm Development,LLC; Prepared by: Marchionda &Associates,L.P.,62 Montvale Ave., Suite 1, Stoneham, MA 02180; Dated Nov. 1,2002, Revised Dec. 17,2002 and January 16, 2003 Engineering Review Letters; Prepared by Lisa Eggleston, dated April 10,2003,7 pages; Operation & Maintenance Plan Rrepared by: Marchionda &Associates, L.P.;included in the Addendum to Notice of Intent dated March 21, 2003. 29. The following wetland resource areas are affected by the proposed work:Riverfront Area and Buffer Zone to Bordering Vegetated Wetland (BVW). These resource areas are significant to the interests of the Act and Town ByLaw as noted above and therein. The applicant has not attempted to overcome the presumption of significance of these resource areas to the identified interests. 30. The NACC agrees with the applicant's delineation of the wetland resource areas on the site as shown on the plans dated referenced herein. Wetland resource areas were approved under a Positive Determination of Applicability issued on June 20, 2001. 31. The NACC finds that the intensive use of the upland areas and buffer zone proposed on this site will cause further alteration of the wetland resource areas. In order to prevent any alteration of wetland resource areas a twenty five foot(25')No- Disturbance Zone and a fifty foot (50') No-Construction Zone shall be established, from the edge of the adjacent wetland resource 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 except in those areas as shown on the approved site plan. 32. There shall be no increase in the post development discharges from the storm drainage system or any other changes in post development conditions that alter the post development watershed boundaries as currently depicted in the Notice of Intent and approved by this Order of Conditions, unless specifically approved in writing by the Commission. 33. 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. 34. The owners of the project and their successors in title,in the event they proceed to alter areas subject to the Commissions jurisdiction under the order,agree that the Order does not in itself impose upon the Town any responsibility to maintain the proposed drainage system and that said Town shall not be liable for any damage in the event of failure. By acceptance of this Order,the owners agree to indemnify and hold harmless to the Town and its residents for any damage attributable to alterations undertaken on this property pursuant to the Order. Issuance of these Conditions does not in any way imply or certify that the site or downstream areas will not be subject to flooding,storm damage or any other form of water damage. Maintenance of the drainage system,if accepted by the Town as part of a public way, becomes the responsibility of the Town. 35. 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. n PRIOR TO CONSTRUCTION 36. No work shall be undertaken until all administrative DEP appeal periods from this Order have elapsed or,if such an appeal has been filed,until all proceedings before the Department have been completed. 37. 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. 38. 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 242-1186." 39. 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. 40. Prior to construction,the applicant must submit a revised plan displaying the details of the additional wetland pond outfall with all appropriate easements.In addition, the plan must display the location of the fence at the top of slope of Pond 1 and the landscaping plantings. 41. It is the responsibility of the applicant,owner,and/or successor(s) to ensure that all conditions of this Order of Conditions are complied with. The project engineer and contractors are to be provided with a copy of this Order of Conditions and referenced documents before commencement of construction. a i 42. Prior to any work commencing on-site,the applicant shall submit to the NACC for approval, a detailed construction sequence,including a dated timetable of construction,the construction of compensation and retention areas,installation of sedimentation/erosion control devices,roadway infrastructure,phasing associated with house and condominium development and vegetation of the constructed wetland ponds.This timetable must continue to be updated throughout the project. 43. Prior to any work commencing on-site,the applicant shall submit to the NACC for approval, a detailed construction method for use of the compensation and retention areas as interim siltation and erosion control structures. 44. Wetland flagging shall be checked prior to start of construction and shall be re- established where missing. All wetland flagging shall remain visible and enumerated per the approved plan(s) throughout the life of the project and until a Certificate of Compliance is issued so that erosion control measures can be properly placed and wetland impacts can be monitored. The proposed limit of work shall be shall be clearly marked with stakes or flags and shall be confirmed by the NACC. Such markers 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. All flags used for the above purposes shall be of a color different from other flagging used on the site. 45. 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 approved and 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. 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 stockpiling, a minimum of 75 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. 47. A check payable to the Town of North Andover shall be provided in the amount of $57,000;1$3,000 per structure in the buffer zone(2 buildings containing condominium townhouses and 7single family homes)=$27,000);drainage structure construction and planting for wetland ponds:Pond 1,7,800 s.f. x$1.50= $11,700;Pond 2,12,600 s.f. x$1.50=$18,900;round to$30,000 for pond construction},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. Bond posting may be conducted on an individual phased basis.That is,individual bonds may be posted prior to construction of each individual house or condo unit.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 (including wetland pond 1 &2) 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 be responsible for placing signs designating the applicable lot numbers as depicted on the plans approved and referenced herein. 49. The applicant shall designate a Wetland Scientist as an"Erosion Control Monitor" to oversee any emergency placement of controls and regular inspection or replacement of sedimentation control devices. The name and phone number of the erosion control monitor must be provided to the NACC in the event that this person has to be contacted,due to an emergency at the site,during any 24-hour period, including weekends. This person shall be given the authority to stop construction for erosion control purposes. 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. At least once during each week in which construction activities occur on-site in the buffer zone and for as long thereafter as ground remains unstabilized,the applicant shall submit a written report 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. Considering that this project proposes phased development and will therefore be under construction for a lengthy period of time,weekly monitoring may be limited for construction activities that are occurring with buffer zone or Riverfront Areas only.However,the NACC recognizes that the entire development drains towards wetland ponds (that outlet to jurisdictional areas). Further,the NACC recognizes that construction activities will not be fully complete until possibly many years after the project begins. Therefore monthly inspections and reports are hereby required throughout the duration of the project even if construction activities are not actively being conducted in the jurisdictional resource areas. The Conservation Administrator has the authority to require additional monitoring if necessary.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 monitor may also be responsible for overseeing construction and planting of the wetland ponds. 50. Prior to construction,the applicant shall permanently mark the edge of the "25'No- Disturbance Zone"and or the edge of disturbance with signs or markers spaced evenly every 50 feet incorporating the following text: "Protected Wetland Resource Area". 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. 51. The applicant and/or the legal owner of that portion of land upon which these Orders of Conditions have been placed shall provide to the NACC prior to transferring,or assigning any portion of said land to another party,subject to said Orders of Conditions,the "Compliance Certification Form Affidavit"attached via "Appendix A" signed under the pains and penalties of perjury,stating that said applicant and/or owner has read these Orders of Conditions and is in compliance with each and every condition. This document shall apply to each of the conditions referenced herein and shall be provided to the Conservation Department at least five (5) business days prior to the closing of said land transaction. 52. Once these above mentioned pre-construction requirements are complete,the applicant shall contact the Conservation Office prior to site preparation or construction and shall arrange an on-site conference with an NACC representative,the contractor,the engineer,wetland scientist and the applicant to ensure that all of the Conditions of this Order are understood. This Order shall be included in all construction contracts,subcontracts,and specifications dealing with the work proposed and shall supersede any conflicting contract requirements. The applicant shall assure that all contractors,subcontractors and other personnel performing the permitted work are fully aware of the permit's terms and conditions. Thereafter,the contractor will be held jointly liable for any violation of this Order of Conditions resulting from failure to comply with its conditions. The applicant or contractor shall notify the NACC in writing of the identity of the on-site construction supervisor hired to coordinate construction and to ensure compliance with this Order. A reasonable period of time shall be provided as notice of the pre- construction meeting (e.g. 72 hours). DURING CONSTRUCTION 53. IMPORTANT: hnmediately upon completion of the building foundations on each lot in the buffer zone, and prior to further construction activities on the individual site, the applicant shall complete a plan prepared by a Registered Professional Land Surveyor of the Commonwealth (R.P.L.S.)which accurately depicts the foundation s � location and its proximity to wetland resource areas as approved under this Order of Conditions. Said plan shall be submitted to the Conservation Administrator for approval. 54. Soil and groundwater testing was conducted in the areas of the proposed wetland ponds in the fall of 2002 and estimated high ground water elevations were determined. Pond designs were based on the groundwater elevation data collected in the fall of 2002. After land development construction is complete and the temporary use of the pocket wetlands as siltation control are dismantled,the applicant must visually observe and document high groundwater conditions within the excavated ponds to determine if hydrology is adequate to support the proposed wetland vegetational communities.Revised plans must be submitted for review and approval (if necessary) depicting proposed pond elevations suitable for sustaining the proposed zoned wetland communities. 55. Additional soil testing must be conducted prior to individual house and condominium construction,prior to the building permit application,to determine soil suitability and high groundwater elevations to facilitate the design of the proposed drywell locations. Upon completion of testing activities,documented information and revised plans must be submitted to the Conservation Department depicting dry well locations and elevations. 56. Upon beginning work,the applicant shall submit written progress reports every week 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 (See condition 50). 57. Approved de-watering activities anticipated shall be supervised and witnessed by the designated erosion control monitor. This designee must be on-site while work specific to dewatering is occurring. De-watering activities shall be conducted as shown on the approved plans and shall be monitored daily by the erosion control monitor to ensure that sediment laden water is appropriately settled prior to discharge toward the wetland resource areas. No discharge of water is allowed directly into an area subject to jurisdiction of the Wetlands Protection Act and/or the North Andover Wetland ByLaw. If emergency de-watering requirements arise,the applicant shall submit a contingency plan to the Commission for approval which provides for the pumped water to be contained in a settling basin,to reduce turbidity prior to discharge into a resource area. 58. 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. Y t 59. No exposed area shall remain unfinished for more than thirty(30) days,unless approved by the NACC. 60. 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. 61. There shall be no stockpiling whatsoever of soil or other materials within twenty-five (25) feet of any resource area. Soil stockpiles located more than 25 feet away shall be piled such an additional foot of separation (from the 25 foot no-disturb line)is provided for every foot of stockpile height above existing grade. 62. 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. 63. Washings from concrete trucks,or surplus concrete,shall not be directed to,any drainage system,or wetland resource area. 64. 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. However,no trash dumpsters will be allowed within 50' of areas subject to protection under the Act or local ByLaw. 65. Accepted engineering and construction standards and procedures shall be followed in the completion of the project. 66. During and after work on this project,there shall be no discharge or spillage of fuel, or other pollutants into any wetland resource area. If there is a spill or discharge of any pollutant during any phase of construction the NACC shall be notified by the applicant within one (1)business day. No construction vehicles are to be stored within 100 feet of wetland resource areas, and no vehicle refueling, equipment lubrication, or maintenance is to be done within 100 feet of a resource area. ETORMWATER MANAGEMENT CONDITIONS1 67. All construction and post-construction stormwater management shall be conducted in accordance with supporting documents and plans submitted with the Notice of Intent,the Department of Environmental Protection Stormwater Management Policy and as approved by the NACC in this Order of Conditions. 68. All stormwater best management practices shall be maintained as specified in the Operation and Maintenance Plan submitted with the Notice of Intent and incorporated in the Order of Conditions. Evidence of maintenance of the stormwater management system shall be provided to the NACC on an annual basis by a Registered Professional Civil Engineer.The first report shall be submitted to the NACC one year after the first stormwater structure goes on-line and annual reports must continue to be submitted in perpetuity.Maintenance bills submitted by cleaning contractors (catch basins,stormceptors etc.) may be submitted with annual engineering reports. 69. The compliance of the system with the design basis and Order of Conditions will be certified by a Registered Professional Engineer to the Conservation Commission or its Agent.This condition must be satisfied prior to the issuance of a Certificate of Compliance. 70. Wetland Ponds have been proposed as part of the stormwater management design. Pond plantings must be conducted in accordance with approved plans and approved documents. Wetland plantings must be supervised by a qualified wetland specialist and monitoring must be conducted in the spring and fall, following three consecutive years after the planting date. Reports prepared by a qualified wetland specialist shall be submitted following each inspection and must document species survival/distribution,sediment accumulation,water quality and conditions of the pond outlet. 71. To determine the success of the innovative BMP(pocket wetland) frequent water quality sampling is hereby required. Upon full and final planting of the pocket wetland ponds,the applicant shall obtain two water samples from each of the two pond locations. Samples shall be taken immediately after a significant rain event to document the success of TSS removal rates. The samples will be obtained from the inlet side of each pocket wetland and the discharge side of each pocket wetland. Sampling must be conducted in the following locations; Pond 1: Inlet catch basin#2 and new outfall Pond 2: Catch basin#18 and pond outlet structure Each sample will be analyzed for presence of Total Suspended Solids TSS.A comparison of TSS between the inlet side and outlet side samples will be made and reported. The difference should indicate and report the percentage of reduction of TSS. Reports of sampling,analysis,lab results,pictures, and written documentation prepared by a qualified water quality analytical professional shall be submitted to the NACC. Y � 4 Use of the pocket Wetland as a TSS BMP will be deemed compliant when 70% TSS removal is attained. 72. Water quality in down-gradient BVW's shall not differ significantly following completion of the project from the pre-development conditions. There shall be no sedimentation into wetlands or water bodies from discharge pipes or surface runoff leaving the site. 73. The applicants,owners,and their successors and assignees, shall maintain all culverts, collections basins,traps,outlet structures,subsurface storage areas, and other elements of the drainage system,unless put into an easement to the Town of North Andover,in order to avoid blockages and siltation which might cause failure of the system and/or detrimental impacts to on-site or off-site resource areas,and shall maintain the integrity of vegetative cover on the site. 74. 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 Compliance is issued and the owner or his/her agent shall so specify in the request for Compliance. AFTER CONSTRUCTION 75. 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. 76. Fertilizers utilized for landscaping and lawn care shall be slow release,low-nitrogen types (<5%),and shall not be used within 25 feet of a resource area. Pesticides and herbicides shall not be used within 100 feet of a wetland resource area.This condition shall survive this Order of Conditions and shall run with the title of the property. This condition is issued under the authority of the Town's Wetland Protection ByLaw and shall remain in perpetuity. 77. No road salt,sodium chloride, or other de-icing chemicals shall be used on paved surfaces, and any arrangement for snow removal shall so stipulate due to the importance of the site and wetlands. Permanent signs designating"No-Salt Zone" and "No-Snow Stockpiling Zones"shall be displayed in prominent locations reviewed and approved by the Conservation Department. 78. Upon completion of the condominium development,a wooden guardrail,as shown on the plan must be installed along the 25'No-Disturbance Zone adjacent to the roadway in the vicinity of wetland flags 2-13 through 2-15. In addition, a boulder wall must be constructed along the 25' No-Disturbance Zone between wetland flags 3-5 through 3-12,behind the condominium buildings. 79. 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. 80. The Operation &Maintenance Plan is fully binding upon the applicant,and or owners,successors,agents,associations, heirs and assigns and must be adhered to in perpetuity. The North Andover Conservation Commission must be notified in writing upon the creation of associations or agencies responsible for the perpetual implementation of the Operation &Maintenance Plan. 81. Only and upon stabilization of the site,all erosion control measures must be removed and disposed of properly. 82. 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 and or condominium associations. d. Signed statements from the individual property owners shall be submitted with the request for a Certificate of Compliance indicating that they read and understood the recorded Order of Conditions prior to purchasing their property. e. The name and address of the individual/trust or corporation to whom the compliance is to be granted. f. The street address and assessor's map/parcel number for the project. g. The DEP file number. h. A written statement from a Registered Professional Civil Engineer 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.The letter must specifically include certification that all stormwater structures have been constructed in accordance with the approved plans and are functioning properly as designed. i. A written statement from a qualified wetland scientist stating all wetland pond planting activities have been constructed in accordance with the approved documents and have survived to complete growing seasons. j. An "As-Built"plan prepared and signed and.stamped by a Registered Professional Civil Engineer(and ) 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. J ➢ "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 2,U disturbance of soils or vegetation. ➢ Location of all subsurface utilities entering the property. 83. 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 except in those locations approved under this filing (see approved site plans) 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 Conservation Administrator and/or other agents of the NACC do not have the authority to waive these setbacks as established under the local ByLaw; ➢ Discharge or spillage of pollutants(Condition#66); ➢ Prohibition of underground fuels(Condition 75); ➢ Limitations on the use of fertilizers,herbicides,road salts,de-icing compounds and pesticides (Conditions 76& 77). ➢ The attached "Stormwater Operations and Management Plan",including Best Management Practices. No additional filings will be required to conduct maintenance of the above referenced system and plan. 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 or NA CC number) 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 sarne and understand each (DEP File#) and every condition which has been set forth in said Order of Conditions. 4. I hereby affirm and acknowledge that on this day of 19 I inspected said property together with any and all improvements which have been made to the same and hereby certify that each and every condition set forth in Order of Conditions are presently in compliance. (DEP File#) 5. 1 hereby affirm and acknowledge that this document will be relied upon by the North Andover Conservation Commission as well as any potential buyers of said property which is subject to said Order of Conditions (DEP File#) Signed under the pains and penalties of perjury this day of 19 (Signature - authorized agent of applicant or owner) Introduction: This report is to serve as an addendum to the original Notice of Intent (NOI) filing for the proposed Peachtree Farm Planned Residential Development (PRD) located at the intersection of Chestnut and Rae Streets in North Andover Massachusetts. The contents of the original NOI are not superceded by this addendum and should be considered fully restated herein. This addendum addresses the requirements of the Town of North Andover Stormwater Management Standards. The project site is tributary to Mosquito Brook, which is not a Critical Area as defined by the Massachusetts Department of Environmental Protection's (MaDEP) Stormwater Policy Handbook. The majority of the site discharges to Mosquito Brook via two culverts located under Rae Street. Other flows are routed to Mosquito Brook by adjacent off-site resource areas. Construction Sequence: The following sequence of construction is to be followed to minimize disturbances to adjacent resource areas 1. Flag limit of work and install all erosion control and sedimentation barriers on- site. 2. Begin construction of detention pond one, once grades are established side slopes of pond are to be vegetated and stabilized. Final grades for the floor of the pond to be established upon completion of road construction. 3. Upon completion of the side slope stabilization and installation of temporary sedimentation controls for detention pond one the construction of Phase I roadway and infrastructure may begin. Phase I is to include all un-forested areas, including the condominium unit area, Lavender Circle and Peachtree Lane to the high point at roadway station 9+19. 4. Strip roadway and install utilities. Construct erosion control and sediment barriers around drainage system inlets. 5. Establish gravel sub-grade of Phase I. 6. Concurrent with steps three through five establish cut slopes and install retaining walls behind house lots. Stabilize slopes as soon as practical. 7. Upon completion of step 5 begin clearing of Phase II, the forested area from the highpoint at station 9+19 to the end of Peachtree Lane. 8. Construct detention pond two, once grades are established side slopes of pond are to be vegetated and stabilized. Final grades for the floor of the pond to be established upon completion of road construction. 9. Upon completion of the side slope stabilization and installation of temporary sedimentation controls for detention pond two the construction of Phase II roadway and infrastructure may begin. 10. Strip roadway and install utilities. Construct erosion control and sediment barriers around drainage system inlets. Standard #8 — Erosion and Sediment Control: Erosion and sedimentation controls proposed for this project include: • Sediment pools for construction dewatering • Haybale sediment barriers • Silt Fence sediment barriers • Combination Haybale and Silt Fence sediment barriers • Stabilized construction entrances Locations of erosion and sediment control devices are depicted on Sheet 3 of 18. Standard #9 — Operations and Maintenance Plan: CONSTRUCTION PHASE: During construction of the project the contractor is responsible for maintaining all erosion and sedimentation controls. The design engineer and/or wetland consultant shall provide bi-weekly inspections and reports to the conservation commission. The contractor should adhere to the following maintenance schedule: HAYBALES AND SILT FENCE SEDIMENT BARRIERS: The contractor should inspect sediment barriers in areas of active construction daily. Repairs to damaged silt fence should be made prior to construction. If there is evidence of silt entering resource areas the contractor should notify the design engineer and North Andover Conservation Commission. Silt should be removed by hand under the supervision of the design engineer and/or wetland consultant. Sediment barriers will remain in place until the entire development has been stabilized to the satisfaction of the North Andover Conservation Commission. On a bi-weekly basis the design engineer and/or wetland consultant should walk the sediment barrier line noting any areas in need of repair. The contractor will be notified and immediate repairs should be made. A report will be submitted to the North Andover Conservation Commission. DRAINAGE: All open drainage structures should be surrounded by haybales and covered with a siltation barrier. Catch basins shall be fitted with a "silt sack" to capture sediment that makes it to the inlet. During construction and until stabilization of all disturbed areas these sacks should be emptied after every substantial rainfall and no less than every two weeks. All sediment shall be properly disposed of. Silt should be cleaned from the barrier after rain events. r r. Detention ponds being used for sedimentation and dewatering during construction should be cleaned of sediment when sediment depth exceeds 6 inches. The pond should be cleared of sediment prior to final grading and planting of pond. During construction and until stabilization of all disturbed areas, the site contractor and/or developer will inspect the Stormceptor at a minimum of once every three (3) months. When the trapped sediment has accumulated to 6 inches or greater the sediment shall be removed by a vacuum truck. Weekly street sweeping shall be completed until construction has been completed on the site. POST-CONSTRUCTION PHASE: Proposed BMPs for this project have been selected to be low maintenance while providing effective pollutant removal. BMPs utilized for Peachtree Lane and Lavender Circle will be owned, operated, and maintained by the Town of North Andover. BMPs located in the area of the condominium units will be owned, operated and maintained by the homeowners association. Drywells will be owned and maintained by property owners. The property owners and the homeowners association will execute contracts with private construction and maintenance firms to ensure that the BMPs are maintained in accordance with the following plan. The Town of North Andover Department of public works will be responsible for maintaining BMPs servicing the public ways. DEEP SUMP AND HOODED CATCHBASINS: Upon completion of the project, catch basin sumps are to be inspected on a quarterly basis to make sure that there is a minimum of two feet of clearance from the outlet invert to the accumulated sediment. At a minimum, all catch basin sumps are to be cleaned annually. The annual cleaning should be done in the spring as the sediment captured from the winter sanding operation is expected to be the largest generator of sediment. If the quarterly inspections or annual cleanings indicated that the rate of sediment build up is greater than expected the sump shall be cleaned on a semi-annual basis. Sediment should be disposed of in accordance to all local, state and federal regulations. CONSTRUCTED POCKET WETLANDS: Upon completion of the project, the pocket wetlands should be cleaned of sediment that may have accumulated during construction. The wetland is to be planted in accordance to the pondscaping plans under the supervision of the wetland consultant. The stormwater wetland should be dewatered at least three days prior to planting. In the first three years after construction the wetlands should be inspected semi- annually, once in the growing and again in the non-growing season. The following observations should be made: Types and distribution of dominant wetland plants; Presence and distribution of planted wetland species; presence and distribution of volunteer wetland species; signs that volunteer species are replacing the planted wetland species; t _ a Percentage of unvegetated standing water; Accumulation of sediment in the forebay; and Survival rate of wetland plants. Sediment should be removed from the forebay annually, in late summer when there is little standing water in the wetland. All sediment should be disposed of in accordance to all local, state and federal regulations. At the time of sediment removal the outlet control structure should be inspected, and if necessary, the trash rack should be cleaned and or replaced. STORMCEPTOR: Upon completion of the project, the Stormceptor is to be inspected on a quarterly basis. If at any time the depth of trapped sediment is 6 inches or greater, the sediment is to be remove by a vacuum truck. At a minimum, the Stormceptor is to be cleaned annually. The annual cleaning should be done in the spring as the sediment captured from the winter sanding operation is expected to be the largest generator of sediment. If the quarterly inspections or annual cleanings indicated that the rate of sediment build up is greater than expected the sump shall be cleaned on a semi-annual basis. All sediment should be disposed of in accordance to all local, state and federal regulations. GRASSED "BIO-FILTER" SWALE: Upon completion of the project, the water quality swale should be inspected semi- annually. The swale should be moved during the summer inspection; clippings are to be removed from the swale. The grass should not be cut below 4 inches in height. Sediment and debris should be removed by hand once a year in the spring as the sediment captured from the winter sanding operation is expected to be the largest generator of sediment. Reseeding of unvegetated areas should be done at this time. All sediment should be disposed of in accordance to all local, state and federal regulations. ROOFTOP RUNOFF RECHARGE SYSTEMS: Upon completion of the project, the recharge systems are to be inspected on a semi- annual basis. The systems should be inspected once a year during a rainfall event to determine if the downspouts and piping to the systems are working properly. The leaching portion of system should be inspected to determine if it is functioning properly. The system overflow should be observed periodically for flow during storm events to determine if the system is operating properly. If the overflow pipe flows regularly through out the year, the system should be observed through the inspection port within 24 hours of a significant (in excess of 0.5 inches) storm event. Water levels should be monitored over the following 48-hour period to evaluate the capacity of the system. r STREET SWEEPING: The condominium drive is to be swept on a monthly basis during the late spring, summer and early fall seasons. The drive is to be swept using conventional mechanical-type or vacuum-type sweepers. All roadway sediment and debris is to be disposed of in accordance to local, state, and federal regulations. FLARED-END INLETS: Flared-end inlet structures should be inspected quarterly, and any debris that collects at the trash rack should be removed. The trash rack should be inspected and repaired as necessary. Massachusetts Department of Environmental Protection DEP File Number: Bureau of Resource Protection - Wetlands WPA Form 5 - Order of Conditions 242-1186 Provided by DEP Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 B. Findings (cont.) Additional conditions relating to municipal ordinance or bylaw: See attached This Order is valid for three years, unless otherwise specified as a special condition pursuant to General Conditions#4, from the date of issuance. _ `Wo D Date This Order must be signed by a majority of the Conservation Commission. The Order must be mailed by certified mail (return receipt requested)or hand delivered to the applicant. A copy also must be mailed or hand delivered at the same time to th appropriate Department of Environmental Protection Regional Office (see Appendix A)and the pro rty owner(if different from applicant). Signatures- On f Of Day Month and Year before me personally appeared to me known to be the person described in and who executed the foregoing instrument and acknowlecicied that he/she executed the same as his/her free act and deed. ,o t Not ry Public My Commission Expires This Order is issued to the applicant as follows: ED'-'by hand delivery on ❑ by certified mail, return receipt requested, on _ �� Date , f Date Wpaform5.doc•rev.12/15/00 Page 5 of 7 t Massachusetts Department of Environmental Protection Bureau of Resource Protection -Wetlands DEP File Number: WPA Form 5 - Order of Conditions 242-1186 Provided by DEP Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 C. Appeals The applicant, the owner, any person aggrieved by this Order, any owner of land abutting the land subject to this Order, or any ten residents of the city or town in which such land is located, are hereby notified of their right to request the appropriate DEP Regional Office to issue a Superseding Order of Conditions. The request must be made by certified mail or hand delivery to the Department,with the appropriate filing fee and a completed Appendix E: Request of Departmental Action Fee Transmittal Form, as provided in 310 CMR 10.03(7)within ten business days from the date of issuance of this Order.A copy of the request shall at the same time be sent by certified mail or hand delivery to the Conservation Commission and to the applicant, if he/she is not the appellant. The request shall state clearly and concisely the objections to the Order which is being appealed and how the Order does not contribute to the protection of the interests identified in the Massachusetts Wetlands Protection Act, (M.G.L. c. 131, §40) and is inconsistent with the wetlands regulations (310 CMR 10.00). To the extent that the Order is based on a municipal ordinance or bylaw, and not on the Massachusetts Wetlands Protection Act or regulations, the Department has no appellate jurisdiction. D. Recording Information This Order of Conditions must be recorded in the Registry of Deeds or the Land Court for the district in which the land is located,within the chain of title of the affected property. In the case of recorded land, the Final Order shall also be noted in the Registry's Grantor Index under the name of the owner of the land subject to the Order. In the case of registered land, this Order shall also be noted on the Land Court Certificate of Title of the owner of the land subject to the Order of Conditions. The recording information on Page 7 of Form 5 shall be submitted to the Conservation Commission listed below. North Andover Conservation Commission Wpaform5.doc•rev.12/15/00 - Page 6 of 7 APPENDIX A-AFFIDAVIT I 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 or NACC number) the North Andover Conservation Commission. Wor 2. 1 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. 1 hereby affirm and acknowledge that on this day of 19 I inspected said property together with any and all improvements which have been made to the same and hereby certify that each and every condition set forth in Order of Conditions are presently in compliance. (DEP File#) 5. 1 hereby affirm and acknowledge that this document will be relied upon by the North Andover Conservation Commission as well as any potential buyers of said property which is subject to said Order of Conditions (DEP File#) Signed under the pains and penalties of perjury this day of 19 (Signature-authorized agent of applicant or owner) Massachusetts Department of Environmental Protection DEP File Number: Bureau of Resource Protection -Wetlands Ll WPA Form 5 - Order of Conditions 242-1186 Provided by DEP Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 D. Recording Information (cont.) Detach on dotted line, have stamped by the Registry of Deeds and submit to the Conservation Commission. -------------------------------------------------------------------------------------------------------------------------- To: North Andover Conservation Commission Please be advised that the Order of Conditions for the Project at: Project Location DEP File Number Has been recorded at the Registry of Deeds of: County Book Page for: Property Owner and has been noted in the chain of title of the affected property in: Book Page In accordance with the Order of Conditions issued on: Date If recorded land, the instrument number identifying this transaction is: Instrument Number If registered land, the document number identifying this transaction is: Document Number Signature of Applicant Wpaform5.doc•rev.12/15/00 Page 7 of 7 1 r L11Massachusetts Department of Environmental Protection Bureau of Resource Protection - Wetlands WPA Appendix E — Request for Departmental Action Fee Transmittal Form Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 A. Request Information Important: 1. Person or party making request(if appropriate, name the citizen group's representative): When filling out forms on the computer, Name use only the tab key to Mailing Address move your cursor-do Cityrrown State Zip Code not use the return key. Phone Number Fax Number(if applicable) Vrab:] Project Location aL Mailing Address return City/Town State Zip Code 2. Applicant(as shown on Notice of Intent(Form 3), Abbreviated Notice of Resource Area Delineation (Form 4A); or Request for Determination of Applicability(Form 1)): Name Mailing Address City/Town State Zip Code Phone Number Fax Number(if applicable) 3. DEP File Number: B. Instructions 1. When the Departmental action request is for(check one): ❑ Superseding Order of Conditions ❑ Superseding Determination of Applicability ❑ Superseding Order of Resource Area Delineation Send this form and check or money order for$50.00, payable to the Commonwealth of Massachusetts to: Department of Environmental Protection Box 4062 Boston, MA 02211 wpaform5.doc•Appendix E•rev.4/23/03 Page 1 of 2 Massachusetts Department of Environmental Protection �� Bureau of Resource Protection -Wetlands WPA Appendix E — Request for Departmental Action Fee Transmittal Form Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 B. Instructions (cont.) 2. On a separate sheet attached to this form, state clearly and concisely the objections to the Determination or Order which is being appealed. To the extent that the Determination or Order is based on a municipal bylaw, and not on the Massachusetts Wetlands Protection Act or regulations, the Department has no appellate jurisdiction. 3. Send a copy of this form and a copy of the check or money order with the Request for a Superseding Determination or Order by certified mail or hand delivery to the appropriate DEP Regional Office (see Appendix A). 4. A copy of the request shall at the same time be sent by certified mail or hand delivery to the Conservation Commission and to the applicant, if he/she is not the appellant. wpaform5.doc•Appendix E•rev.4/23/03 Page 2 of 2