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HomeMy WebLinkAboutMiscellaneous - North Main StreetVX D6vvl,oc fE?y 'ar QS! 0lladiq [3492 Appl ca*n nm pC " 6 ' D Um doe on: — OftW a due on � 1r��r��+ ;r �►s� 5�`rn� a ova-v�� �yr4 vi (, 0."u , (Avg ei-�-o ifVeel \ V 3a7 ZBA414- Date TOWN OF NORTH ANDOVER RECEIPT This certifies that. .......... has paid,i -7.23 ............ -,;�M .. 7. - 0... V �f. .P.10,44 �";17t ..... -.0 .... . /4 ... I . ... M for 0.9 .... .. 7. e-7 Receivedby ... ............................................ Department ............. �..111A WHITE: Applicant CANARY: Department FINK: Treasurer ZBA 412 Date.?,.—. I.S-707 TOWN OF NORTH ANDOVER RECEIPT This certifies that6 �g/w ... 4� .... ... . t -10-T-1,04 .... has paid ..... Ck ..... ....................... for VC I,. '.1. 0 �; 7 ....... M ..... ....... .. ... _57 Receivedby ... 7/f .... ................................................ Department .......... 7— .................................................................. WHITE: Applicant CANARY: Department FINK: Treasurer Zoning Board of Appeals North Andover Hearing No.: ZBA-2007-0023 Date: April 2, 2007 APPLICATION TYPE: SUBMISSION DATE: Commercial Variance Tue Mar 06, 2007 Applicant's Name: NAME: Abble Kayft, LLC ADDRESS- DDRESS21 Main Street 21 TOWN: NORTHADOVER STATE I MA ZIP CODE: 01845 PHONE NO.: FAX NO.: EMAIL ADDRESS: Site Information: Owner's Name: NAME: Abble Ka , LLC SITE ZONING: ADDRESS: 21 Main Street I -S TOWN: NORTH ADOVER STATE: MA ZIP CODE: 01846 PHONE NO.: FAX NO.: EMAIL ADDRESS: BLOCK Work Location.: SITE ZONING: NORTH MAIN STREET I -S TOWN: SECTION OF BYLAW: NORTH ANDOVER, MA 01845 HEARING CLOSE DATE: GIS # MAP: BLOCK LOT: ACTION TAKEN: 1344 1 028.0 1 0022 I VOTING DEADLINE Reason for filing: DIM. Varlanee from 7.18 Table 2 for relief f+oM Lot Area. HARDSHIP: FINDINGS: COULD NOT DEROGATE BECAUSE FILING DEADLINE MAILING DATE HEARING CONTINUED DATE: DECISION DRAFT BY: APPEAL DATE: REFERRALS IN DATE HEARING DEADLINE DATE: Thu fty 10, 2007 HEARING CLOSE DATE: FINAL SIGNING BY: APPEAL DEADLINE FIRST ADVERTISING DATE HEARING DATE: VOTING DATE DECISION DATE: SECOND ADVERTISING DATE: HEARING TIME VOTING DEADLINE DECISION DEADLINE MEMBERS PRESENT: VOTE: MINUTES OF MEETING: GwTMSO 19M Des Lauriers & Associates, Inc. Town of North Andover Town Clerk Time Stamp ZONING BOARD OF APPEALS Albert P. Manzi III, Esq. Chairman Ellen P. McIntyre, Vice -Chairman Richard J. Byers, Esq. Clerk- Joseph lerkJoseph D. LaGrasse David R. Webster Associate Members Thomas D. Ippolito Richard M. Vaillancourt Daniel S. Braese, Esq. Any appeal shall be filed within (20) days after the date of filing of this notice in the office of the Town Clerk, per Mass. Gen. L. ch. 40A_ 617 Notice of Decision Year 2007 Vul JUIN 29 Pii 4: o,, . .f U, 14 " s NORTH Property at: 0 North Main Street (Map 28, Parcel 22), NAME: Downer Brothers Landscaping, Inc., HEARING(S): April 9 & June 12 2007 21 Main Street Board of Appeals Plan, 0 North Main Street, North Andover, Massachusetts, Assessors Map 28 Parcel 22, prepared for Abbie Kayla, LLC., North Andover, Massachusetts ADDRESS: 0 North Main Street (Map 28, Parcel PETITION: 2007-006 22), David Alves, #45454, New England Engineering Services, Inc., 1600 Osgood Street, Building 20, Suite 2-64, North Andover, MA 01845 North Andover, MA 01845 TYPING DATE: June 15, 2007 The North Andover Board of Appeals held a public hearing at its regular meeting in the Town Hall top floor meeting room, 120 Main Street, North Andover, MA on Tuesday, June 12, 2007 at 7:30 PM upon the application of Downer Brothers Landscaping, Inc., 21 Main Street, for premises at: 0 North Main Street (Map 28, Parcel 22), North Andover requesting a dimensional Variance from Section 7, Paragraph 7.1 and Table 2 of the Zoning Bylaw for relief from the requirements of lot area in order to construct a proposed landscaping business garage. Said premise affected is property with frontage on the West side of North Main Street within the I -S zoning district. Legal notices were sent to all names on the abutter's list and were published in the Eagle -Tribune, a newspaper of general circulation in the Town of North Andover, on March 26 & April 2, 2007. The following voting members were present: Ellen P. McIntyre, Joseph D. LaGrasse, Richard J. Byers, and Thomas D. Ippolito. The following non-voting members were present: Richard M. Vaillancourt and Daniel S. Braese. Upon a motion by Richard J. Byers and 2nd by Joseph D. LaGrasse, the Board voted to GRANT a dimensional Variance from Section 7, Paragraph 7.1 and Table 2 of the Zoning Bylaw for relief of 3,622 square feet of lot area in order to construct a proposed landscaping business garage; per: Site: 0 North Main Street 28, Parcel 22), North Andover, MA 10845 Site Plan Title: Board of Appeals Plan, 0 North Main Street, North Andover, Massachusetts, Assessors Map 28 Parcel 22, prepared for Abbie Kayla, LLC., North Andover, Massachusetts Date (& Revised Dates): February 14, 2007, Revised 5/9/07 Registered Professional Land Surveyor: David Alves, #45454, New England Engineering Services, Inc., 1600 Osgood Street, Building 20, Suite 2-64, North Andover, MA 01845 Sheet/Drawing: 1 of 1 Building Plan Title: Proposed Building Elevations, 0 North Main St., North Andover, MA., Assessors Map 28, Lot 22, prepared for Downer Brothers Landscaping, North Andover, MA, February 14, 2007 & Proposed Garage Floor Plan 0 North Main • St., North Andover, MA, Assessors Map 28, Lot 22, prepared for Downer Brothers Landscaping, North Andover, MA 01845, February 23, 2007 By: B.C.O. Jr., New England Engineering Services, Inc., 1600 Osgood Street, Building 20, Suite 2-64, North Andover, MA 01845 Date: February 14, 2007 & February 23, 2007 Sheet/Drawing: 1 of 1 Page 1 of 2 1600 Osgood Street, Building 20 - Suite 2-36, North Andover, Massachusetts 01845 Phone - 978-688-9541 Fax - 978-688-9542 Web - www.townofnorthandover.com AllftP. YA= M; 1pq Ommm mm P, md*m VkC.'r-wafrumn Rkbmd X By=, Lq% Cwk Y09mhD.Lgkam David R. Wcbsw AmOVidgS Mai O&VT Timm D. We&* Ridwd hi Vaillmwomt VKda S. Breese, paq. Town of Norib Andover ZONING BOARD OF APPEALS JUN 29 PH 4: T Co 0 R TI i Ai, tl �11 fo v -f A C .11 U SElf. 61 Wis. thwx%wacmis M-m-&—mr. L PWA& it labW lify[w sliciftg tW we" fgm plow I" to ger m llow Vob& in filar. == P. MdMM JOBVb D. LaGramc, M* and I DyM wd n=w D WoVim 100 Osswd ftac% BON* 20 - Su to 2-K WW& An&vw, B&mm*mft 01 $+45 Pham - 978488'9541 Fax - 97M8.950 Web - "w.wwwfiw*wwvwm*= Frem' IAS 878887859 96/29/2007 13:04 1015 p, n3 06/29/2007 11:41 9786888476 HEALTH Z @M0 250AROD OF AFIFEAIS Commim ty Development Oivigon PACE 01/03 D 2001 JUN 29 Pig �,: CC, T FAX 10: 9 Z 5d 7 f >- acs► of Nor& Awfeyw Z*WuX Board of 1"0 Osgood and IFAM 9734M&9U2 PSM.9794W9!41 cww & pr4pr. 0 7 i6� Osgood Ssree4, Nlortif Andoses, Atpssacbaseits Q1845 ihoae 918.688.4541 Fox 978.688.4542 Web wwa.rowo*0A0ndorerocem 06/29/2007 11:41 0.72-8870.59-8 € 6.(29 1 a0- 8 113:04 0115 P. _W23100-13, 6 9786888476 WALTH PAGE 02/03 =',:-CEI dE D Town of North Andover ZOMG BOA" OF A"EALS Albaath Mamd HL Esq. Cwbnmw mm r. MaFntyae. Pioealysm MW4 J. B ms, F&4 C°.di ,yal h D. LaG nm DaYM R. Wabdax Amoatcam Mma* 'iuomas D. IMolita pith ixl.M Vaiiimoeamt T3udd S. BismEsq Air qp d shalt be i11od wWm (20) *p alb[ dre 4W affi uip ofmm,aaa iatlte amm ofla Twm Oak paw NW& O. L. adt. 40A- 917 Yew W 2007 ,IJ 29 Ph use M gft a Wart a ;!Baia aftVat A&M 4A V NAIE 3da0otbears %�.s ---------- 3� 9 0i U 29! 21 uwn sum Ail DMW, d Nesta Nab SUMM oft 22, FlpT S 22 ATe1 RT$45TVM1?A7 ; %R15,2007 D. pppoiha. The*Oagftaoaavating>e:aaobe:s pKgsCai; P&hWdM V aatd S. DowiL LP= ai€kia try F.xc I. and rl ty ksoh D. l I- x- cim 4 a V fivm 7, Pa=l 7.1 and Table 2 of d*2aaft Wm hr irWaf3,622 egnsne fm of lot ma is o tlorta oases a 1 Ag bgi>taait Sar4g pw. MV 29 Pawd 22, pmpmWffor Abbic i{eg+* U,4;,, Amoaem tft 28, Lot 22, pvpmd fm Dow=B:+whm , Nam Andow, MA.Fe 14, =7 & ftopowd QuW Flm Pin 0thNW& SL, Naft S MA, As n: Map n, Lot 22, PxpgW fm i Dani en0PW M124 OW141M 20 - Saha 2.36, NOT* Aaadavea; Mwmdwq tx Dims 972-M-9541 Fmz-97ii-6wsa dict+ -W WW.M+:b3Eiaath®sdavCY.=z From: Irs 05/29/2007 11:41 9786888475 HEALTH PAGE 83/09 Town of Nazi Ando' AlbftP.1 Mftq. Cham !>r amp, R9 tyes, Yke-alaaimm lDavidR. Wdmw AmoadrommahvT Thmm V. weft Rldmcd h. Vainowurt DR&l S. Bre, Ek ZOMNG BOARD OF APPEALS JUN 29 PM 4: n MASSAMHU'r i.. . -! L Thr t� $a *Qe a t Mybr *mbg flab imp f� WNW We tog, �-o@e gW Thes ParmdL V009inMW =a P. McbqM JaxphD. Imo, U*mdt Dym wdThosD. WoOlm i 00 Osawd Stak , Rafldin$ 26 - Sft 2-K MM& An&va, I&sm*netts of $45 Pham -478-688.9541 Pex - 978-688954,2 Web - "w tom as tmadma.,mm TRANSMIT --ION VERIFICATION REPORT TIME 06/2912007 11:42 NAME HEALTH FAX 9786888476 TEL 9786888476 SER.# 000B4J120960 DATE DIME 06129 11:41 FAX NO.,. t-IAME 819788879599 DURATIOH 00:01:15 PACE (S 03 RESULT OK MODE STANDARD ECM TO: ZONING BOARD OF APPEALS Community Development Division FAX TRANSNUSSJON FROM: Town o(Nortb Andover Zoning Board of Appeals 1600 Osgood Street FAX: 9781-6889542 PIROM.4 97"99-9541 Comex & Wages: , . P:ate: 7 f Albert P. Manzi 111, Esq. Chairman Ellen P. McIntyre, Vice -Chairman Richard J. Byers, Esq. Clerk Joseph D. LaGrasse David R. Webster Associate Members Thomas D. Ippolito Richard M. Vaillancourt Daniel S. Braese, Esq. Town Clerk Time Stamp Town of North Andover ZONING BOARD OF APPEALS ! D i_ 1 r TG`:,. Legal Notice North Andover, Board of Appeals 2001 NAR 19 DIM 2*- 48 Notice is hereby given that the North Andover Zoning Board of Appeals will hold a public hearing at the top floor of Town Hall, 120 Main Street, North Andover, MA on LEGAL NOTICE Tuesday the I& of April, 2007 at 7:30 PM to all parties interested in the application of TOWN OF Downer Brothers Landscaping, Inc., 21 Main Street, for premises at: 0 North Main NORTH ANDOVER ZONING BOARD OF Street (Map 28, Parcel 22), North Andover requesting a dimensional Variance from LEGAL NAOTICE Section 7, Paragraph 7.1 and Table 2 of the Zoning Bylaw for relief from the BOA v FNDOVERAPPEALS requirements of lot area in order to construct a proposed landscaping business garage. Notice is hereby given Andover that the North Zoning Board of Appeals Said premise affected is property with frontage on the West side of North Main Street will hold a public hearing at the top floor of Town within the I -S Zoning district. Norlthl20 Ando ear, MA oStreetn Tuesday the 10th of April, 2007 at 7:30 PM to all are available for review at the office of the Board of Appeals office, 1600 Osgood artisPlans apple at onr ested of Downin er Street, North Andover, MA Monday through Friday during the hours of 8:30AM to Brothers Landscaping, Inc., 21 main Street, for 4:30PM. premises at: 0 North Main Street (Map 28, Parcel 22), North By order of the Board of Appeals Andover requesting a dimensional variance Albert P. Manzi E C Albert from Section 7, Para - graph 7.1 and Table 2 of the Zoning Bylaw for relief from the require- ments of lot area in order to construct a proposed landscaping business garage. Said premise affected Published in the Eagle -Tribune on March 26 & April 2, 2007. is property with frontage on the West side of North Main Street within the I -S zoning district. Plans are available for review at the office of the Board of Appeals office, 1600 Osgood Street, North Andover, MA Mon - Legalnotice 2007-006. Jay through Friday dur- `9 the hours of 8:30AM M28P22 ', 4:30P sy order of the e. Board of Appeals t P. Manzi{ti, Esq., Chairman p s '07, 4/07107 ; 1600 Osgood Street, Building 20 - Suite 2-36, North Andover, Massachusetts 01845 Phone - 978-688-9541 Fax - 978-688-9542 Web - www. townofnorthandover.com ILIMassachusetts Department of Environmental Protection Bureau of Resource Protection - Wetlands DEP File Number: WPA Form 5 Order of Conditions 2421382 Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 A. General Information Important: North Andover When filling From: 1. Conservation Commission out forms on the computer, 2. This issuance is for (check one): ® Order of Conditions ❑ Amended Order of Conditions use only the, tab key to 3. To: Applicant: move your cursor - do not Gino Fodera G_ FM General Contracting use the return a. First Name b. Last Name c. Company key. 325 N. Main Street # 15B d. Mailing Address Middleton MA. 01949 e. CitylTown f. State g. Zip Code 4. Property Owner (if different from applicant): Jean Paul Proulx a. First Name b. Last Name c. Company 1812 Turnpike Street d. Mailing Address North Andover MA. 01845 e. Cityrrown f. State g. Zip Code 5. Project Location: 1812 & 1820-1830 Turnpike Street North Andover a. Street Address b. City/Town Map106D Parcels 46 & 47 c. Assessors Map/Plat Number d. Parcel/Lot Number Latitude and Longitude, if known (note: electronic filers will click for GIS locator): e. Latitude f. Longitude 6. Property recorded at the Registry of Deeds for (attach additional information if more than one parcel): Essex North a. County b. Certificate (if registered land) 902 119 c. Book . p e 2/2/07 �, j 7 13 7 7. Dates: a. Date Notice of Intent Filed b. Date ublic Hearing Closed c. Date Zf list ance 8. Final Approved Plans and Other Documents (attach additional plan or document references as needed): Site Development Permit Plan a. Plan Title Eastern Land Survey Associates Inc. Christopher R. Mello R. P. L. S. b. Prepared By c. Signed and Stamped by S/�Q�b7 1" = 20' d. F nal K vision Date e. Scale 0 f. Additional Plan or Document Title Total WPA Fee Paid: $1,850.00 a. Total Fee Paid ��C WI wpaform5.doc• rev., D JUL 3 Ad BOARD OF APPEALS $512.50 b. State Fee Paid g. Date $1,337.50 c. Citylrown Fee Paid Page 1 of 9 ILIMassachusetts Department of Environmental Protection Bureau of Resource Protection - Wetlands WPA Form 5 - Order of Conditions Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 B. Findings 1. Findings pursuant to the Massachusetts Wetlands Protection Act: DEP File Number: 2421382 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: a. ® Public Water Supply b. ❑ Land Containing Shellfish c. ® Prevention of Pollution d. ® Private Water Supply e. ❑ Fisheries f. ® Protection of Wildlife Habitat g. ® Groundwater Supply h. ® Storm Damage Prevention i. Z Flood Control 2. 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. 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. 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. A description of the performance standards which the proposed work cannot meet is attached to this Order. ❑ 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). Inland Resource Area Impacts: Check all that apply below. (For Approvals Only) ❑ Buffer Zone Impacts: Shortest distance between limit of project disturbance and wetland boundary (if available) linear feet Resource Area Proposed Permitted Proposed Permitted Alteration Alteration Replacement Replacement 3. ❑ Bank a. linear feet b. linear feet c. linear feet d. linear feet 4. ❑ Bordering Vegetated Wetland a. square feet b. square feet c. square feet d. square feet 5. ❑ Land Under a. square feet b. square feet c. square feet Waterbodies and d. square feet Waterways e. cu.yd dredged f. cu.yd dredged wpaform5.doc • rev. 3/1/05 Page 2 of 9 Massachusetts Department of Environmental Protection Bureau of Resource Protection - Wetlands WPA Form 5 - Order of Conditions Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 DEP File Number: 2421382 B. Findings (cont.) ❑ Barrier Beaches 12. Resource Area Proposed Permitted Proposed Coastal Dunes Alteration Alteration Replacement 6. ❑ Bordering Land ❑ Rocky Intertidal Subject to Flooding a. square feet b. square feet c. square feet Cubic Feet Flood 17. ❑ Land Under Salt Storage e. cubic feet f. cubic feet g. cubic feet 7. ❑ Isolated Land Subject to Flooding a. square feet b. square feet Cubic Feet Flood Storage c. cubic feet d. cubic feet e. cubic feet 8. ❑ Riverfront area a. total sq. feet b. total sq. feet Sq ft within 100 ft C. square feet d. square feet e. square feet Sq ft between 100-200 ft e. square feet f. square feet e. square feet Coastal Resource Area Impacts: Check all that apply below. (For Approvals Only) s. ❑ Designated Port Areas Indicate size under Land Under the Ocean, below 1o. ❑ Land Under the Ocean a. square feet b. square feet 11. ❑ Barrier Beaches 12. ❑ Coastal Beaches 13. ❑ Coastal Dunes 14. ❑ Coastal Banks 15. ❑ Rocky Intertidal Shores 16. ❑ Salt Marshes 17. ❑ Land Under Salt Ponds 18. ❑ Land Containing Permitted Replacement h. cubic feet f. cubic feet Indicate size under Coastal Beaches and/or Coastal Dunes below a. linear feet b. linear feet c. square feet Shellfish a. square feet b. square feet c. square feet d. square feet 19. ❑ Fish Runs Indicate size under Coastal Banks, inland Bank, Land Under the Ocean, and/or inland Land Under Waterbodies and Waterways, above a. cu.yd dredged b. cu.yd dredged 20. ❑ Land Subject to Coastal Storm Flowage a. square feet b. square feet wpaform5.doc • rev. 3/1/05 Page 3 of 9 Massachusetts Department of Environmental Protection Bureau of Resource Protection - Wetlands WPA Form 5 - Order of Conditions Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 DEP File Number: 2421382 C. General Conditions Under Massachusetts Wetlands Protection Act (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 all other applicable federal, state, or local statutes, ordinances, bylaws, or regulations. 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, WA DEP"] "File Number 242-1382 wpaform5.doc • rev. 3/1/05 Page 4 of 9 L - ,],Massachusetts Department of Environmental Protection Bureau of Resource Protection - Wetlands WPA Form 5 - Order of Conditions Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 DEP File Number: 2421382 C. General Conditions Under Massachusetts Wetlands Protection Act 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. 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. 18. All work associated with this Order is required to comply with the Massachusetts Stormwater Policy Standards. Special Conditions: If you need more See attached space for additional conditions, select box to attach a text document wpafortn5.doc • rev. 3/1/05 Page 5 of 9 Massachusetts Department of Environmental Protection Bureau of Resource Protection - Wetlands WPA Form 5 - Order of Conditions Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 DEP File Number: 2421382 D. Findings Under Municipal Wetlands Bylaw or Ordinance 1. Is a municipal wetlands bylaw or ordinance applicable? ® Yes ❑ No 2. The North Andover hereby finds (check one that applies): Conservation Commission 3. ❑ that the proposed work cannot be conditioned to meet the standards set forth in a municipal ordinance or bylaw specifically: a. Municipal Ordinance or Bylaw b. 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. 4. ® that the following additional conditions are necessary to comply with a municipal ordinance or bylaw: North Andover Wetland Protection Bylaw Chapter 178 a. Municipal Ordinance or Bylaw b. Citation The Commission orders that all work shall be performed in accordance with the following 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. If you need more c. The special conditions relating to municipal ordinance or law are as follows: space for p 9 p y additional conditions, See attached select box to attach a text document wpaform5.doc • rev. 3/1/05 Page 6 of 9 DEP FILE # 242 -1382 Therefore, the North Andover Conservation Commission (hereafter the "NACU) hereby finds that the following conditions are necessary, in accordance with the Performance Standards set forth in the State Regulations, the local Bylaw and Regulations, to protect those interests noted above. The-NACC orders that all work shall be performed in accordance with said conditions and with the Notice of Intent referenced below. To the extent that the following conditions modify or differ from the plans, specifications or other proposals submitted with the Notice of Intent, the conditions shall control. GENERAL CONDITIONS Mi 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 8.3 (p.37) 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. 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. C:\Winword\OOC\1812 TumpikeSt.doe 1 NACC 7/3/2007 DEP FILE # 242 - 1382 25. This Order of Conditions is issued under File No. 242-1382. 26. The conditions of this decision shall apply to, and be binding upon, the applicant, owner, its employees and all successors and assigns in interest or control. These obligations shall be expressed in covenants in all deeds to succeeding owners of portions of the property. 27. 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. 28. The proposed work includes: The construction of a two-story retail/office building, associated parking, stormwater management structures, access drives, and associated grading within the buffer zone to bank and a BVW associated with an intermittent stream. The site is also located within Estimated Habitat of the Blandings Turtle (Emydoidea blandingii), a state protected rare species, but was designed in corporation with NHESP as to result in a no adverse affect on the habitat of the species. 29. 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: GFM General Contracting Corp. (Applicant) C/o Gino Fodera 325 N. Main Street, No. 15B Middleton, MA 01949 Dated February 2, 2007 Jean Paul Proulx (Owner) 1812 Turnpike Street North Andover, MA 01845 Prepared by: Epsilon Associates, Inc. (Representative) 3 Clock Tower Place, Suite 250 Maynard, MA 01754 Site Plans prepared by: Eastern Land Survey Associates, Inc. 104 Lowell Street Peabody, MA 01960 Entitled "Site Development Permit Plan" dated October 21, 2006, revised through May 30, 2007, consisting of sheets 1-7. Stamped & Signed by Christopher R. Mello, P.L.S. Other Record Plans & Documents: Stormwater Management Report prepared by Eastern Land Survey Associates, Inc. dated October 2006, revised May 2007 and Stormwater Drainage revisions dated 5/07, CAWinword\00C\1812 Tumpike&.doc 2 NACC 7/3/2007 DEP FILE # 242 -1382 Landscape & Lighting Plan dated 5/23/07, revised 6/12/07. Prepared by Huntress Associates, Inc.; Operation and Maintenance Plan dated May 2007; Drainage Review Letter prepared by Eggleston Environmental dated May 21,2007; Drainage Review Response Letter prepared by Eastern Land Survey Associates, Inc. dated May 31, 2007, Drainage Review Letter prepared by Eggleston Environmental dated June 6, 2007; Drainage Review Response Letter prepared by Eastern Land Survey Associates, Inc. dated June 11, 2007; Construction Sequencing Plan (no date); Division of Fisheries & Wildlife Natural Heritage & Endangered Species Letter dated June 8, 2007. 30. The following wetland resource areas are affected by the proposed work: Buffer Zone to a Bordering Vegetated Wetland (BVW) to an intermittent stream and Bank. 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. 31. The NACC agrees with the applicant's delineation of the wetland resource areas on the site and as previously approved under 242-1370 (ORAD). 32. 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 area except in those locations as depicted on the approved plan referenced herein. The Conservation Administrator and/or other agents of the NACC do not have the authority to waive these setbacks as established under the local bylaw. No disturbance of existing grade, soils or vegetation is permitted in the No - Disturbance zone. (See Section 3.4 & Appendix F of the local Regulations). 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 C:\Winword\OOC\1812 TurnpikeSt.doc 3 NACC 7/3/2007 DEP FILE # 242 - 1382 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 NACC finds the applicant's proposal for buffer zone restoration/enhancement to be adequate. The buffer zone enhancement areas shall be constructed during construction activities and in accordance with the approved Landscape & Lighting Plan referenced herein. This sequence shall be reflected in the revised construction - sequencing plan. 35. 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. Maintenance of the drainage system, if accepted by the Town as part of a public way, becomes the responsibility of the Town. 36. 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. "PRIORO CONSTRUCTION 37. 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. 38. 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. 39. 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 242-1382." C:\Winword\OOC\1812 Tumpike&.doc 4 NACC 7/3/2007 DEP FILE # 242 - 1382 40. Prior to the commencement of any work, the applicant shall submit to the Conservation Department a copy of the approved NPDES Storm Water Pollution Prevention Plan (SWPPP) for the file. 41. 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. 42. It is the responsibility of the applicant, owner, and/or successor(s) to ensure that all conditions of this Order of Conditions are complied with. The project engineer and contractors are to be provided with a copy of this Order of Conditions and referenced documents before commencement of construction. 43. The applicant submitted a Construction Sequencing Plan and is referenced herein. However, prior to any work commencing on site, the applicant shall submit a revised construction sequencing plan to the NACC for review and approval to include additional items, if not already included, such as a dated timetable of construction, the construction of compensation and retention areas, installation of sedimentation/erosion control devices, roadway infrastructure, and the construction of the associated stormwater management structures. The construction sequence shall specify that the stormwater management structures will be constructed first, prior to any other site preparation. This timetable must continue to be updated throughout the project. 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 C:\Winword\OOC\1812 Tumpike&.doc 5 NACC 7/3/2007 DEP FILE # 242 -1382 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 Commissions request. 46. The applicant shall have on hand at the start of any soil disturbance, removal or stockpiling, a minimum of 50 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. All additional emergency erosion controls shall be on site prior to the commencement of any work on site and will be verified by the Conservation Department during the pre - construction meeting. 47. A check payable to the Town of North Andover shall be provided in the amount of $20,000, which shall be in all respects satisfactory to Town Counsel, Town Treasurer, and the NACC, and shall be posted with the North Andover Town Treasurer through the NACC before commencement of work. Said deposit of money shall be conditioned on the completion of all conditions hereof, shall be signed by a party or parties satisfactory to the NACC, and Town Counsel, and shall be released after completion of the project, provided that provisions, satisfactory to the NACC, have been made for performance of any conditions which are of continuing nature. The applicant may propose a monetary release schedule keyed to completion of specific portions of the project for the NACC's review and approval. This condition is issued under the authority of the local Bylaw. 48. The applicant shall designate a Qualified Professional 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. Proof of the retained monitor must be submitted to the Conservation Department on letterhead by the retained consulting firm for subsequent review and approval by the NACC or agent thereof. 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. 49. ON EVERY MONDAY of each week, or otherwise arranged by the NACC, in which construction activities occurs on-site and for as long thereafter as ground remains unstable, it is the applicant's responsibility to ensure that the Environmental/ Erosion Control Monitor (EMC) monitor the site and submit written reports to the NACC. The C:\Winword\OOC\1812 Tumpike&.doc 6 NACC 7/3/2007 DEP FILE # 242 -1382 EMC shall certify that, to the best of his/ her knowledge and belief based on a careful site inspection, all work is being performed in compliance with this Order of Conditions and that approved setbacks are being adhered to. The EMC 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. Monitoring reports shall include current condition of erosion and sedimentation controls; describe any erosion or sedimentation repair and/ or replacement, and describe any erosion or sedimentation problems and mitigation measures implemented. Such reports shall continue until the applicant requests a less frequent reporting schedule or an end to reports. This request must be submitted in writing and is subject to approval by the Conservation Administrator. 50. 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 after to the closing of said land transaction. 51. 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 for each pre - construction meeting (e.g. 72 hours). STORMWATER MANAGEMENT CONDITIONS 52. All construction and post -construction stormwater management systems shall be conducted in accordance with the approved construction sequence, supporting documents and plans submitted with the Notice of Intent, the Department of Environmental Protection Stormwater Management Policy, and the approved Operation and Maintenance Plan attached herein. C:\Winword\OOC\1812 TumpikeSt.doc 7 NACC 7/3/2007 DEP FILE # 242 -1382 53. 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 until a Certificate of Compliance is issued. Compliance with the designed stormwater management system and associated stormwater management conditions shall be satisfied prior to the issuance of a Certificate of Compliance. 54. All drainage structures shall be properly installed and functional. During construction, all drainage structures shall be maintained, as outlined in the approved Operation and Maintenance Plan attached herein. 55. Construction of the stormwater structures shall be constructed and functioning as part of the initial project phase, immediately following clearing and rough grading of the site to serve as siltation control during construction. Runoff from the site shall be directed towards these basins. 56. Temporary and/or permanent basins being used for sedimentation and dewatering during construction shall be cleaned of sediment when levels exceed six (6) inches. The basins shall be cleaned of sediment prior to final grading and construction of permanent stormwater basins. 57. 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. 58. Water quality down gradient of 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. 59. Prior to the issuance of the Certificate of Compliance, the applicant shall be responsible for cleaning all stormwater structures, in accordance with the approved Operation & Maintenance Procedures Plan attached herein and the associated stormwater management conditions referenced herein. 60. 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. C:\Winword\OOC\1812 TurnpikeSt.doc 8 NACC 7/3/2007 DEP FILE # 242 -1382 DURING CONSTRUCTION 61. IMPORTANT: Immediately upon completion of the dwelling foundation, and prior to further construction activities associated with the 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 location and it's proximity to wetland resource areas as approved under this Order of Conditions. Said plan shall be submitted to the Conservation Administrator for approval. 62. Accepted engineering and Best Management Practices (BMPs) for construction standards shall be followed in the conduct of all work. 63. A crushed stone construction entrance shall be designated at all entrance/exit drives to minimize soil/material tracking in accordance with the approved standards and specifications. Construction entrances shall be maintained and reinforced as necessary. 64. Erosion control devices shall be inspected regularly; any entrapped silt shall be removed to an area outside of the buffer zone and wetland resource areas; silt fence and hay bales shall be replaced as necessary. The areas of construction shall remain in stable condition at the close of each construction day. All erosion controls shall be in place throughout the duration of any construction on site or unless authorized by the Conservation personnel. 65. 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. 66. The buffer zone enhancement plantings shall be implemented in accordance with the approved Landscape & Lighting Plan referenced herein and shall be monitored by a qualified wetland scientist during planting activities. 67. The qualified wetland scientist shall monitor the wetland and buffer zone restoration area for two consecutive growing seasons. Monitoring reports shall be submitted to the Conservation Department at the end of each growing season (spring and fall). A total of four monitoring reports for the restoration areas shall be submitted over a 2 -year period. Monitoring reports shall describe, using narratives plans, and color photographs, the physical characteristics of the restoration areas with respect to stability, survival of vegetation and plant mortality, aerial extent and distribution, species diversity and vertical stratification (i.e. herb, shrub and tree layers), and the amount of invasive species in'the area. If at the end of the second growing season, or at any time within the 2 -year growing season period, it has been determined that a 75% success rate has not been achieved, the NACC shall require additional enhancement measures, such as additional plantings. C:\Winword\OOC\1812 Tumpike&.doc 9 NACC 7/3/2007 DEP FILE # 242 -1382 68. The NACC finds that the installation of a fence is necessary around the project site within the buffer zone in order to deter trash and other debris from entering the wetland resource area and associated buffer zones. Therefore, a 6 -foot high vinyl fence shall be installed from the Turnpike Street entrance to the Berry Street entrance along the easterly limits of the proposed project. Specific locations for the fence may include, but shall not be limited to, installation at the top of the proposed retaining wall along the front parking area closest to Turnpike Street. A 4 -foot high vinyl fence may be considered in locations where a 6 -foot high fence is not practical as determined and approved by the NACC. Specific locations and heights for the fence shall be proposed by the applicant on a revised landscaping plan and shall be submitted to the NACC for review and subsequent approval. 69. 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. 70. 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. 71. Silt sacs/filter fabric or other siltation/sedimentation protection methods shall be installed at any catch basin/storm drain within 50 feet of the work. 72. The Erosion Control Monitor shall be on site during and/or following a major storm event of 1 inch of rain or greater to ensure that soils remain stable, erosion controls are adequate and secure, and that all BMP's are adequately functioning. 73.Approved de -watering activities anticipated shall be supervised and witnessed by the designated erosion control monitor. This designee must be on-site at all times while 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. 74. Associated pavement and roadways shall be swept at least once per week or as directed by the Erosion Control monitor, the Site Supervisor, Project Manager, or the Conservation staff for as long as the site remains exposed and unstabilized. 75. 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. C:\Winword\OOC\1812 TumpikeSt.doc 10 NACC 7/3/2007 DEP FILE # 242 -1382 76. All exposed soil finish grade surfaces shall be immediately landscaped and stabilized, or loamed, seeded and mulched, with a layer of mulch hay. All disturbed areas must be graded, loamed and seeded prior to November 1St of each year. Outside of the growing season, exposed soil finish grade surfaces shall be stabilized with a layer of mulch hay until climate conditions allow for seeding. During construction, any area of exposed soils that will be left idle for more than 30 days shall be stabilized with a layer of mulch hay or other means approved by the NACC. 77. 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. 78. Equipment shall not be staged overnight within 50 -feet of a wetland resource area. 79. There shall be no stockpiling of soil or other materials within twenty-five (25) feet of any resource area. 80. Washings from concrete trucks, or surplus concrete, shall not be directed to, any drainage system, or wetland resource area. 81. 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. 82. 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 -M – - — WJ 83. 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. 84. 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 CAWinword\00C\1812 TumpikeSt.doc 11 NACC 7/3/2007 DEP FILE # 242 - 1382 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. 85. The approved 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. 86. Prior to the issuance of a Certificate of Compliance, the applicant shall submit an Affidavit from the assignee (s) acknowledging the Operation & Maintenance responsibilities of the stormwater management systems in accordance with the approved Operation & Maintenance Plan and other perpetual conditions mandated in this Order. 87. No road salt, sodium chloride, or other de-icing chemicals shall be used on paved surfaces within the buffer zone, 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. The location and placement of these signs are subject to review and subsequent approval by the NACC or Agent thereof. Signs are available for purchase at the Conservation Department. Additional snow management procedures and snow storage/removal operations shall be addressed in accordance with the approved Operation & Maintenance Plan and designated snow storage areas as depicted on the approved Landscape & Lighting Plan referenced herein. 88. Upon completion of work, the applicant shall permanently mark the edge of the "25' No - Disturbance Zone" with eight (8) 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. 89. 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. 90. Upon approved site stabilization by Conservation staff, the erosion controls shall be removed and properly disposed of and all exposed unvegetated areas shall be seeded. 91. 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. C:\Winword\OOC\1812 TurnpikeSt.doc 12 NACC 7/3/2007 DEP FILE # 242 - 1382 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 (and/or Registered Professional Land Surveyor) of the Commonwealth certifying that the work has been conducted as shown on the plan(s) and documents referenced above, and as conditioned by the Commission. i. An "As -Built" plan prepared and signed and stamped by a Registered Professional Civil Engineer (and/or Registered Professional Land Surveyor) of the Commonwealth, for the public record. This plan will include: > "As -Built" post -development elevations of all drainage & stormwater management structures constructed within 100 feet of any wetland resource area. NOTE: If portions of the stormwater systems exist partially within the Buffer Zone than the entire structure must be depicted to accurately verify compliance. > ""As -Built" post -development elevations and grades of all filled or altered wetland resource areas including the encompassing buffer zone, which is regulated as a resource area under the local Wetland Protection Bylaw. > Distances from structures to wetland resource areas. Structures include (but are not limited to) septic systems, additions, fences, sheds, stone walls, pools, retaining walls, subsurface utilities and decks. > A line showing the limit of work and the extent of existing erosion control devices. "Work" includes my disturbance of soils or vegetation. > Location of all subsurface utilities entering the property. 92. 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. Future work within 100' of existing wetland resource areas will require a separate filing with the NACC. The Conservation Administrator and/or other agents of the NACC do not have the authority to waive these setbacks as established under the local Bylaw (Condition #32); CAWinword\00C\1 812 TumpikeStdoc 13 NACC 7/3/2007 DEP FILE # 242 -1382 ➢ Discharge or spillage of pollutants (Condition #82); ➢ Maintenance of catch basins (Condition #69); ➢ Maintenance of 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 (Condition #60); ➢ Prohibition of underground fuels (Condition #83); ➢ Limitations on the use of fertilizers, herbicides, road salts, de-icing compounds and pesticides (Conditions #84 & # 87). ➢ 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 (Condition # ). C:\Winword\OOC\1812 TurnpikeSt.doc 14 NACC 7/3/2007 DEP FILE # 242 -1382 I, APPENDIX A — AFFIDAVIT (authorized agent of applicant and / or owner) 1) I am the on oath do hereby depose and state: (PLEASE CHECK AT LEAST ONE BLOCK) (position with applicant) of the applicant upon whom the Order of Conditions (applicant's name) (DEP or NACC File #) have been placed upon by the North Andover Conservation Commission (NACC). 2) I am the (position with owner) and/or of (owner) the owner upon whose land Order of Conditions (DEP or NACC File #) placed upon by the NACC. have been ♦ I hereby affirm and acknowledge that I have received said Order of Conditions and have read the same and understand each and every condition, which has been set forth in said Order of Conditions. ♦ I hereby affirm and acknowledge that on this day of 20----, 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 the Order of Conditions are presently in compliance. ♦ I hereby affirm and acknowledge that this document will be relied upon by the NACC, as well as any potential buyers of said property, which is subject to the Order of Conditions. Signed under the pain and penalties of perjury this day of 20 (Authorized agent of applicant or owner) CAWinword\00C\1812 TumpikeSt.doc 15 NACC 7/3/2007 tZecard OPERATION AND MAINTENANCE PLAN PROPOSED STORMWATER MANAGEMENT FACILITIES 1820-1830 TURNPIKE STREET NORTH ANDOVER, MASSACHUSETTS MAY 2007 The following Operations and Maintenance Plan ("O&M") has been prepared to ensure that proposed systems function as designed. The O & M plan includes a maintenance schedule to ensure that structural and non-structural components are implemented properly and identifies the responsible parties. A brief summary of the specific BMP's to be implemented at the site are as follows: Non -Structural Methods Site Layout Any naturally and maintained vegetated buffers temporarily disturbed during stormwater structure installation will be stabilized upon completion of project activities. Source Control A comprehensive source control program will be implemented at the site which includes regular pavement sweeping (at least four times per year), catch basin cleaning, and Stormceptor cleaning and infiltration bed inspection and cleaning. Spill Prevention A spill prevention plan that includes an emergency notification plan and cleanup program will be developed as part of the National Pollution Discharge Elimination System (NPDES) Construction General Permit. At a minimum the following good housekeeping practices will be followed on-site during construction: I . An effort will be made to store only enough product required to do the job. 2. All materials stored on-site will be kept in a neat, orderly manner in their appropriate containers and, if possible, under a roof or other enclosure. Structural Methods A. Deep Sump Catch Basins During Construction a. Protect catch basins grates with hay bales, check dams until base paving course is installed and landscaped areas are stabilized and/or vegetated. b. Inspect basins monthly or following rainstorms of greater than one inch in 24 hours and clean when sediment levels are greater than twelve inches. 2. Long Term a. Inspect basins monthly and clean as necessary, but at least twice annually. B. Stormceptor Unit Maintain in accordance with Manufacturer's recommendations (copy follows). The Stormceptor Units shall be inspected at least four times annually and after any spill event. The units shall be maintained annually and immediately following any spill event. C. Infiltration Beds During Construction a. Before the development site is graded, areas of infiltration beds should be roped off to prevent heavy equipment from compacting the underlying soils. b. Infiltration beds shall not be used as temporary sediment traps during construction. C. During and after excavation, all excavated materials should be placed away from the infiltration beds to prevent redeposition during runoff events. All excavated materials should be properly handled and disposed, during and after construction. d. Light earth -moving equipment should be used to excavate the infiltration basin. The basin floor should be deeply tilled with a rotary tiller or a disc harrow to restore infiltration rates, after final grading. 2. Long Term a. The infiltration beds shall be inspected following each major storm (more than one inch of rainfall in 24 hours) but at least four times annually. Water levels in the observation wells should be recorded at the beginning, 24 hours and 48 hours following a major storm. The water level should not exceed six inches at 48 hours after the end of the storm. If so, the bed is likely to require cleaning or replacement. The use and maintenance of pretreatment BMP's (catch basins and Stormceptors) will minimize the likelihood of maintenance of the infiltration beds. D. Snow Removal Snow removal will be conducted in accordance with the DEP, Bureau of Resource Protection Snow Disposal Guidance, effective March 8, 2001. Snow will not be stockpiled in or adjacent to wetland resource areas. Snow will be stockpiled in the designated soil stockpile areas shown on the project plans. Snow will not be stockpiled within the 25' No -Disturbance Zone or on top of storm drains. E. Trench Drain and Pump System 1. Trench drain shall be inspected monthly and cleaned as necessary but at least twice annually. 2. Pump Chamber — Pump chamber, pumps, controls and alarms shall be inspected on a semi-annual basis. Debris solids shall be removed from the chamber. Elapsed time meters for pumps shall be read and noted, as well as proper operation of all pumps and float switches. Any maintenance procedures shall be noted. 3. Emergency Procedures — The building is to be provided with an on-site, natural gas or propane -fired emergency generator. The generator capacity and switching design shall include the capability to run the pumps. 4. In the event of pump failure, the building owner and/or manager shall be notified immediately to effect repairs or emergency pumping. F. Erosion Control Procedures Staked hay bales, silt fence, temporary diversion swales and sediment basins shall be installed in accordance with this plan or as otherwise directed by the project engineer or the Conservation Commission prior to commencement of construction activities. 20 additional hay bales and 100 ft. of silt fence shall be kept on site for repairs or other erosion control needs. The contractor shall inspect erosion control facilities weekly and after every rainfall event to confirm that same are properly functioning. Any deficiencies in the erosion control facilities shall be corrected immediately. 2. All soil stockpiles shall be protected against erosion utilizing erosion control barriers and/or crushed stone filter dikes. Any stockpiling of soils with a duration of longer than two days shall be done outside of the Buffer Zone. 3. Catch basins shall be protected with filters, as shown hereon until no sediment transport is visible during rainfall events. Filters shall be inspected weekly and maintained as necessary. 4. Temporary erosion control measures to be taken during construction shall conform with the "Massachusetts Erosion and Sediment Control Guidelines, Urban and Suburban Areas" dated March 1997, and may include some or all of the following measures: • Temporary seeding • Temporary mulching (straw) • Permanent seeding • Hydroseeding • Sodding • Placement of hay or jute netting during winter months 5. Debris and/or litter shall be removed from the site on a weekly basis. 6. If dust is generated during construction, it shall be controlled by use of water trucks, sprinkling or temporary stabilization methods. 7. At the completion of the project, all disturbed areas shall be permanently stabilized with loam and seed or other ground cover. All stormwater BMP's shall be inspected and cleaned as necessary. Paved areas shall be swept. The party responsible for Operation and Maintenance of the Stormwater Management Facilities is: GFM General Contracting Corporation 325 N. Main Street #15B Middleton, MA. 01949 Tel: 617-877-9963 Or its heirs and assigns. 4.1 Recommended Maintenance rroceaure - Oil is removed through the 6" inspection/cleanout pipe and sediment is removed through the 24" diameter outlet riser pipe. Alternatively, oil could be removed from the 24" opening if water is removed from the treatment chamber, lowering the oil level below the drop pipes. The depth of sediment can be measured from the surface of the Stormceptor with a dipstick tube equipped with a ball valve (Sludge Judge"). Rinker Materials recommends maintenance be performed once the sediment depth exceeds the guideline values provided in Table 8. Table 8. Sediment Depths Indicating Required Maintenance* Model Sediment Depth 4501 8" (200 mm) 900 8" (200 mm) 1200 10" (250 mm) 1800 15" (375 mm) 2400 12" (300 mm) 3600 17" (425 mm) 4800 15" (375 mm) 6000 18" (450 mm) 7200 15" (375 mm) 11000s 17" (425 mm)** 13000s 20" (500 mm)** 16000s 17" (425 mm)** * Depths are approximate ** Depths in each structure No entry into the unit is required for routine maintenance of the Inlet Stormceptor or the smaller disc insert models of the In -Line Stormceptor. Entry to the level of the by-pass may be required for servicing the larger in-line models. Any potential obstructions at the inlet can be observed from the surface. The by-pass chamber has been designed as a platform for authorized maintenance personnel, in the event that an obstruction needs to be removed, drain flushing needs to be performed, or camera surveys are required. Typically, maintenance is performed by the Vacuum Service Industry, a well established sector of the service industry that cleans underground tanks, sewers, and catch -basins. Costs to clean a Stormceptor @!` will vary based on the size of the unit and transportation distances. If you need assistance for cleaning a Stormceptor unit, contact your local Rinker Materials representative, or the Rinker Materials Stormceptor Information Line at (800) 909-7763. Disposal The requirements for the disposal of material from a Stormceptor are similar to that of any other Best Management Practices (BMPs). Local guidelines should be consulted prior to disposal of the separator contents. i I In most areas the sediment, once dewatered, can be disposed of in a sanitary landfill. It is not anticipated that the sediment would be classified as hazardous waste. In some areas, mixing the water with the sediment will create a slurry that can be discharged into a trunk sanitary sewer. In all disposal options, approval from the disposal facility operator/agency is required. Petroleum waste products i collected in Stormceptor (oil/chemical/fuel spills) should be removed by a licensed waste management i company. ILIMassachusetts Department of Environmental Protection Bureau of Resource Protection - Wetlands WPA Form 5 - Order of Conditions Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 F. Appeals DEP File Number: 2421382 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 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. Any appellants seeking to appeal the Department's Superseding Order associated with this appeal will be required to demonstrate prior participation in the review of this project. Previous participation in the permit proceeding means the submission of written information to the Conservation Commission prior to the close of the public hearing, requesting a Superseding Order or Determination, or providing written information to the Department prior to issuance of a Superseding Order or Determination. 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. Section G, Recording Information is available on the following page. wpaform5.doc • rev. 3/1/05 Page 8 of 9 LitMassachusetts Department of Environmental Protection Bureau of Resource Protection - Wetlands DEP File Number: WPA Form 5 - Order of Conditions 2421382 Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 G. 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 this form shall be submitted to the Conservation Commission listed below. North Andover Conservation Commission 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: 242-1382 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. 3/1/05 Page 9 of 9 ilLMassachusetts Department of Environmental Protection Bureau of Resource Protection - Wetlands WPA Form 5 - Order of Conditions Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 E. Issuance DEP File Number: 2421382 This Order is valid for three years, unless otherwise specified as a special 7 condition pursuant to General Conditions #4, from the date of issuance. 1. Date of IssZonce Please indicate the number of members who will sign this form: S- This Order must be signed by a majority of the Conservation Commission. 2. Number of signers 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 the appropriate Department of Environmental Protection Regional Office, if not filing electronically, and the prope if different from applicant. Signatures: / Notary Acknowledgement Commonwealth of Massachusetts County of On this Day 0-7+9 of Before me, the undersigned Notary Public, personally appeared Essex North aoal Month Year , -0-H- MSS sP Name of Document Signer proved to me through satisfactory evidence of identification, which was/were Massachusetts License Description of evidence of identification to be the person whose name is signed on the preceding or attached document, and acknowledged to me that he/she signed it voluntarily for its stated purpose. As member of North Andover City/Town Conservation Commission �j DONNAUDTW WEDGE COMMONNIEALTH MASSAACHUSETTS My comm. Explms Aug. 7, 2009 Place notary seal and/or any stamp above This Order is issued to the applicant as follows: ❑ by hand delivery on Date 9'� 31 ��� Signatureof Notary Public o Uor7nt %i �Z Printed Name of N tary Public l_7 l aao 9 My Comm issionk-xpires (Date) 1dby certified mail, return receipt requested, on 3 to Date wpaform5.doc • rev. 3/1/05 Page 7 of 9 MAY -09-2007 15:32 From: SM_OLAK & VAUGHAN � -�ATT0F:NEYS AT lAiN By Facsimile Albert P. Manzi. III. Esq., Chairman Zoning Board ol'Appeals Town of North Andover Building 20, Suite 2-36 1600 Osgood Street North Andover, Massachusetts 01845 To:9786889542 P.2/2 RF_: Application for Lot Size Variance Property: 0 North Maid Street (Assessors Map 28, Lot 22) Owner., Abbie Kayla LLC ®oolicant: DowngL ftthers LandscapjnS inc. Dear Chairman Manzi and Other Board Members: Brian (;. Vaughan 'I' 979.3?7.5217 11" 479-327-5314 hvuughunit .;m4)lnkvau_,hnn com May 9, 2007 Reference is made to the above Variance application which is rending before the Board. Consistent with my earlier discussion with the Chairman, we have requested that this matter be moved to the end of your agenda for this evening to accommodate scheduling wnlliets with our engineer. in addition, we discussed that we will agree to a continunnce of the matter if your agenda moves quickly and at the time for hearing Mr. Osgood and 1 have not yet arrived. Thank you tit you cooperation in light of our scheduling; conflict. Very truly yours, Brian G. Vaughan Cu: MAY 9 - Z007 BOARD OF APPEALS Ben Osgood, Jr. Chris Downer Jefferson Office Park, 820 Turnpike Street, Suite 203, North Andover, MA 01845 W W W.SMOLAKVALiGHAN.COM NEw ENGLANDENGINEERING SERVICES, INC. 1600 Osgood Street Building 20 Suite 2-64 North Andover, MA 01845 Tel: (978) 6Q86-1768 • Fax: (978) 327-6138 Begjar9riin�C. Osgood, Jr., P.E. President Albert P. Manzi, III, Esq. Chairman North Andover Board of Appeals 1600 Osgood Street North Andover, MA 01845 Re: 0 North Main Street, North Andover Variance application Dear Mr. Chairman: Enclosed are 8 copies of revised plans for the above referenced property. The changes to the plans include the following. 1. the two gates at the entrances have been shown. 2. Grass areas along the roadway have been added. 3. Notes 6 and 7 have been added regarding the requirement for additional approvals. Attorney Vaughn and I will be at your meeting to discuss this matter. Since I have a previously scheduled meeting in Georgetown I would appreciate being heard at the end of the meeting. Sincerely, /;?;�- C 0, Benjamin C. Osg d, Jr., PE President N E C E � W I D MAY , -1007 BOARD OF APPEALS Town of North Andover ZONING BOARD OF APPEALS Albert P. Manzi III, Esq. Chairman Ellen P. McIntyre, Vice -Chairman t NORTH Richard J. Byers, Esq. Clerk i? *.4"`� ;`• ~oL Joseph D. LaGrasse p �. David R. Webster ►- = 7D Associate Members * i Thomas D. Ippolito Richard M. Vaillancourt 'S' +°►ter.° �•'° c`� Daniel S. Braese, Esq. ,ss�CHUs�`t Town of North Andover Zoning Board of Appeals 1600 Osgood Street North Andover MA 01845 Town Clcrk Timc Stamp 2007 MAY 14 PH 1: 22 MASSA Date 1�i6!1 9. 7 j Please be advised that I have agreed to waive the time constraints for the North Andover Zoning Board of Appeals to make a decision regarding the granting of a ariance ecial Permit Comprehensive Permit (40B) Finding for property located at: STREET: poJil / t 1�t t ✓� � �� IL MAP: a,�6 PARCEL: A�Ll TOWN: North Andover, MA 01845 TO MEETING DATE(S): �� one, NAME OF SIGNED: MAY Y - [U01 r�j Petitioner (oi*etitioner's representative) BOARD OF APPEALS 1600 Osgood Street, Building 20 - Suite 2-36, North Andover, Massachusetts 01845 Phone - 978-688-9541 Fax - 978-688-9542 Web - www.townofnorthandover.com DEP FILE # 242-1357 -� 0 North Main Street FINDINGS OF FACT I. OVERVIEW Downer Brothers Landscaping (the "Applicant") filed a Notice of Intent (NOI) with the North Andover Conservation Commission (NACC) on May 12, 2006 requesting an Order of Conditions approving the construction of a commercial building and associated site work to include grading, stormwater management, paving, and appurtenances within the 100 -foot Buffer Zone to a Bordering Vegetated (BVW)/Bank, the 200' Riverfront Area and Bordering Land Subject to Flooding (BLSF) associated with the Merrimack River. These resources are subject to protection under the Massachusetts Wetland Protection Act (MGL c.131 s.40) (the "Act") and the North Andover Wetland Protection ByLaw (c.178 of the Code of North Andover) (the "Bylaw"). A legal notice was published accordingly in the Lawrence Eagle Tribune and a public hearing was scheduled for May 24, 2006 (21 days from the date of filing). On May 24, 2006, the NACC opened the - public hearing. Subsequent public hearings were held or were continued on numerous occasions at the request of the applicant. A chronological account of the public meetings held and the continuances granted are documented below: • At the May 26, 2006 public meeting, the NACC granted the applicant's continuance request to the meeting of June 14, 2006 after testimony was heard. • At the June 14, 2006 public meeting, the NACC granted the applicant's continuance request to the meeting of July 12, 2006. No new testimony was heard. • At the July 12, 2006 public meeting, the NACC granted the applicant's continuance request to the meeting of August 23, 2006. No new testimony was heard. • At the August 23, 2006 public meeting, the NACC granted the applicant's continuance request to the meeting of September 13, 2006. No new testimony was heard. The NACC had requested the applicant or the applicant's representative, New England Engineering Services, Inc (NEES), to be present at the September 13th meeting even if a continuance was again requested. • At the September 13, 2006 public meeting, neither the applicant nor a representative was present despite the fact that the Administrator, Alison McKay, and the Administrative Assistant, Donna Wedge, spoke directly to NEES in this regard and were told that someone would be present, although a continuance would be requested. The Commission had some discussion as to how they wished to proceed, whether to grant the applicant's continuance request or whether to close the public hearing and issue a decision. After viewing the meeting on local cable access television, the applicant appeared at the meeting. The applicant stated that he was told that his representative would be present and was not sure why they were not. The Commission reiterated their great concern of repeated continuances and lack of information submitted. They had offered the applicant the option to withdraw without prejudice and to refile when the application was more complete.. The applicant had requested a continuance to the meeting of September 27, 2006. The Commission unanimously granted this continuance. No new testimony was heard. CASwap/000242-1357,0 N. Main- Denial 1 NACC 11/30/2006 DEP FILE # 242-1357 0 North Main Street At the September 27, 2006 public meeting, NEES provided new information and new testimony was heard (discussed hereafter). After hearing testimony and participating in discussion, the Commission unanimously voted to continue the public meeting to the meeting of October 11, 2006. At the October 11, 2006 public meeting, NEES was present to discuss the project since the last meeting and update the Commission. Ms. McKay indicated that she met with NEES to discuss the outstanding administrative issues/concerns (discussed hereafter). NESS provided no new information since the September 27, 2006 public meeting. The Commission unanimously voted to continue the public hearing to the meeting of November 15, 2006. At the November 15, 2006 public meeting, neither the applicant nor NEES were present, however NEES had submitted a continuance request letter to the meeting of January 24, 2007. The letter explained that the reason for the lengthy continuance was to allow for a request for a variance from the Zoning Board of Appeals to continue the existing industrial use on the undersized lot. After some discussion, a motion was made to grant this continuance. The motion was seconded. No other motion was made, therefore the motion failed. A motion was made to close and issue a decision. The motion was seconded. The vote was unanimous. • At the November 29, 2006 public meeting, the Commission rendered a DENIAL based upon the following facts and findings: The project is proposed on a previously developed 43,561 s.f. commercially zoned lot created prior to August 1, 1996. As stated previously, the lot is located entirely within the 200' Riverfront area and the 100 -year floodplain (FEMA FIRM elevation 33 feet) to the. Merrimack River. Coincidently, the project was filed the Friday prior to the May 14, 2006 flood event. The entire site was observed to be under water with waters rising to almost, if not, the exact location of the determined 100 -year flood elevation (later confirmed and stated by the project's Engineer during a public meeting). Work was also proposed within associated BVW/Bank buffer zone resource areas. Existing site conditions included a combination of grass, gravel, concrete, pavement and slab area (no foundation), on top of which the previous commercial building was situated (which had since collapsed and was no longer standing). The site was currently used as a landscaping/storage/junk yard area and had been used as such over the years (as such, the NACC had mandated the issuance of an Enforcement Order subsequent to the issuance of this decision). Proposed work on the site would consist of cleaning up the site (i.e. - removal of debris from the previously demolished building, removal of stockpiled landscaping materials, removal of other materials/scrap vehicles, etc.) and the redevelopment of the site with the construction of a new 38' x 52' (1,976 s.f.) commercial building and associated site work The project site is located entirely within the 200 -foot riverfront area. The site as it exists today is disturbed and currently used as a landscaper's yard. Stormwater currently flows unabated from the site overland towards and in to the Merrimack River. Proposed work would improve existing site conditions and therefore the applicant asserts that the proposed project would be allowed under the Redevelop provision of the Riverfront regulations (310 CMR 10.58 (5) & (6)). An alternative analysis statement for work within the Riverfront resource area was also included in the NOI application and states that "construction is not feasible outside of the protection area. The site has been used as a contractor's storage yard and previously contained a building with a larger footprint than what was proposed." CASwap/00C/242-1357,0 N. Main- Denial 2 NACC 11/30/2006 DEP FILE # 242-1357 0 North Main Street Further, the applicant asserts in the NOI application that the proposed project would not adversely affect the riverfront area and would improve the ability of the buffer zone to protect the interests of the Riverfront Protection Act. The NOI application additionally provides and asserts that the project would not adversely impact additional protected interests including the protection of public and private water supply, the protection of groundwater, flood control, the prevention of pollution, the protection of wildlife habitat, the protection of fisheries, and the protection of land containing shellfish. The NOI application had provided flood plain calculations and a drainage analysis of the site. Because the site was located entirely within the 100 -year flood elevation and would require approximately 1,846 cubic feet of flood plain filling, the applicant had proposed and provided 1,863 cubic feet of compensatory flood storage on the site in accordance with the flood standards of 1:1 compensatory flood storage pursuant to 310 CMR 10.57 (4) (a) 1. The applicant also proposed flood proofing the building so as to construct it on pilings. The NACC had neither refuted nor confirmed whether such compensatory flood storage provided and the means and methods to which it was provided met all performance standards pursuant to 310 CMR 10.57 (4). The Commission had raised and had continually raised a concern as to whether the lot was even buildable under the local zoning bylaw. This concern was raised at the initial public meeting of May 24, 2006 at each subsequent public hearing held (three (3) of which were not continued within six (6) months). An abutter's attorney, Dom Scalise, also raised this question at the initial public meeting of May 24, 2006 asserting that it was his recollection that the previous Inspector of Buildings/ Zoning Enforcement Officer, Robert Nicetta, had indicated verbally that the lot was not buildable, although he had nothing in writing to confirm this opinion. Mr. Scalise asked if zoning variances would be required. After hearing all initial testimony, Scott Masse, NACC Chairman, highly recommended that the applicant seek an opinion from the local Inspector of Buildings, Gerald Brown, for a determination of whether or not the lot was buildable under the zoning bylaw and regulations and what zoning variances, if any, would be required. An account of the meeting held on September 13, 2006 is described as part of the chronological account of the public meetings stated formerly. At the meeting of September 27, 2006, Ben Osgood, Jr. of NEES presented a redesign of the project including, but not limited to, the relocation of the building outside of the Greater Lawrence Sanitary District (GLSD) easement, which had been raised at the May 24th public meeting. At this meeting, Ms. McKay recommended that the Commission vote to set up escrow for a third party consultant review of the drainage analysis. A motion to set up escrow for a third party drainage review in the amount of $5000 was made by Sean McDonough and seconded by Deborah Feltovic. Mr. Osgood refuted that the escrow amount was too high. He offered no response and associated justification to another amount. The Commission discussed holding off on setting up escrow to determine a more reasonable amount. The Commission withdrew the motion. A motion to continue to the meeting of October 11, 2006 was made by Ms. Feltovic and seconded by Jack Mabon. The vote was unanimous. At the October 11th meeting, Andy Lambert of NEES and attorney Scalise. Ms. McKay stated that a meeting was held with herself and NEES on October 6th to discuss the project and iron out some of the administrative concerns she had had. Mr. Scalise was also present at the October 6th meeting. Ms. McKay stated that the concern as to whether the lot was actually buildable or not and what, if any, zoning variances would be required was still outstanding. NEES indicated at the October 6th meeting that they had not yet spoken to the Inspector of Buildings. Ms. McKay reiterated at that meeting that this should be looked into as previously requested by the Commission. At the October CASwap/000242-1357,0 N. Main- Denial 3 NACC 11/30/2006 DEP FILE # 242-1357 0 North Main Street 110, meeting, the NACC had received a letter written by Mr. Osgood, Jr. (dated October 11, 2006) in regards to the Commissions initial request of if the lot met zoning requirements. This letter stated the following: "This office has researched the existence of the lot and has determined that it was created between 1948 and 1960. The IS zoning district was developed in the late 1950's. If the lot was created prior to the creation of the zoning bylaw than a variance for the use of the lot is not needed, however if the lot was created after the adoption of the zoning bylaw a variance to use the lot will be required. This office will need more time to research the title for the property and determine the exact date of creation of the lot to determine if a variance is required. More time will be needed to accomplish this research." The letter also requested the Commissions authorization for posting an escrow for a review of the submittal by their outside consultant as well as a continuance of the public hearing for one month. Commission member Joseph Lynch recommended waiting on setting up an escrow account for outside review until a determination was made on the lot and whether it was buildable or not. Mr. McDonough agreed stating that the projects should have been filed with the zoning board first before it was filed with the Commission and felt that the NACC could deny the project on that basis. A motion to continue to the meeting of November 15, 2006 was made by Mr. Mabon. Ms. Feltovic seconded. The vote was unanimous. At the November 15, 2006 meeting, neither the applicant nor a representative was present. A continuance letter was submitted dated November 14, 2006 requesting a continuance to the meeting of January 14, 2007. The letter states that the lengthy continuance is being requested to allow NEES "to request a variance from the Board of appeals to continue the existing industrial use on an undersized lot." Chairman Masse stated that he wash t inclined to grant the continuance, as the applicant had known for six (6) months that this was a concern. Ms. Feltovic motioned to grant the continuance to the meeting of January 24, 2007. Mr. Mabon seconded. No other motion was made. The motion failed. Mr. Mabon motioned to close and issue a decision within 21 days. Ms. Feltovic seconded. Unanimous. At the November 15, 2006 public hearing, the NACC voted to close the public hearing and issue a decision within 21 days (VOTE 4-0-0). A special meeting was held by the NACC on November 29, 2006 in order to render this decision within the 21 -day time requirement set forth by the Act and Bylaw. II. Decision - DENIAL After careful review of the information presented by the applicant at public hearings, at a special meeting of November 29, 2006, the NACC unanimously voted to DENY the applicant's request to construct a commercial building and associated site work to include grading, stormwater management, paving, and appurtenances within the 100 -foot Buffer Zone to a Bordering Vegetated (BVW)/Bank, the 200' Riverfront Area and Bordering Land Subject to Flooding (BLSF) associated with the Merrimack River as shown on the site plans entitled "Site Plan" consisting of sheets 1-4, dated August 22, 2006, revised September 21, 2006. The project has been DENIED by the NACC based upon the following reasons: CASwap/000242-1357,0 N. Main- Denial 4 NACC 11/30/2006 DEP FILE # 242-1357 0 North Main Street North Andover Wetlands Protection Bylaw (chapter 178 code of North Andover) -178.5 C "The applicant shall have the burden of proving by preponderance of credible evidence that the activity proposed in the Notice of Intent will not cause adverse impacts to any of the interests and values sought to be protected by this Bylaw. Failure to provide to the Commission adequate evidence for it to determine that the proposed activity does not cause adverse impacts shall be significant cause for the Commission to deny permission or to grant such permission...." North Andover Wetlands Protection Bylaw (chapter 178 code of North Andover) - 178.4 - Applications to Perform Work and Information Required "In order to comply with the provisions of this Bylaw, each application must be complete as filed, and must comply with the rules set forth herein and Commission regulations. No such application shall be accepted as complete before all permits, variances, and approvals required by the Bylaws of the Town with respect to the proposed activity, at the time of such Notice, have been applied for or obtained. Such application shall also include any information submitted in connection with such permits, variances, and approvals that is necessary to describe the effect of the proposed activity on the resource areas". North Andover Wetlands Protection Regulations - Section 4.3.1 "Submission of incomplete or inadequate information or a failure to meet the burden of proof may result in extensive delays and continuances in the review and approval procedure. Failure to supply adequate and credible documentation describing the impact of the project on resource areas may result in issuance of a decision prohibiting the work". NACC Waiver Standard: "The project, or its natural and consequential effects, will not have any adverse effects upon any of the interests protected by the Bylaw. It shall be the responsibility of the applicant to provide the Commission with any information that the Commission may request to enable the Commission to ascertain such adverse effects. The failure of the applicant to furnish any information that has been so requested shall result in the denial of a request for a waiver pursuant to this subsection". The Applicant did not satisfy the Commission's repeated requests to submit all information pertaining to the property during a reasonable time period. The Commission found that the repeated continuances requested by the applicant were unnecessary when concerns were raised on numerous occasions starting from the initial public hearing. The information submitted by the applicant was not sufficient to describe the site, the work, or the effect of the work on the interests identified in the Wetlands Protection Act and the North Andover Wetlands Protection Bylaw. While the NACC had a comprehensive understanding of the proposed project as presented, compliance with performance standards for each protected interest pursuant to the Bylaw and WPA and associated regulations could not be thoroughly evaluated/determined without additional information. In this way, the applicant failed to overcome the burden of proof (310 CMR 10.03 (1)) and (178.5 c.) and demonstrate to the Commission that the proposed work would not have any adverse effects upon the interests identified in the WPA and the Bylaw. C:\Swap/OOC/242-1357,0 N. Main- Denial 5 NACC 11/30/2006 DEP FILE # 242-1357 0 North Main Street Therefore, no work shall be performed on this project. The applicant has failed to demonstrate compliance with the North Andover Wetland Protection ByLaw and the Massachusetts Wetlands Protection Act pursuant to these provisions. III. Record Documents: Notice of Intent filed by: Downer Brothers Landscaping (Applicant) 21 Main Street North Andover, MA 01845 Received DATE May 12, 2006. Plans prepared by: New England Engineering Services, Inc. 1600 Osgood Street Building 20, Suite 2-64 North Andover, MA 01845 Entitled "Site Plan", consisting of sheets 1 through 4. DATED: August 22, 2006, revised 9/21/06. Signed & Stamped by Benjamin C. Osgood, Jr., P.E. Other Record Documents: Drainage Report Prepared by New England Engineering Services, Inc. Dated May 10, 2006; Operation and Maintenance Plan (included in NOI) Dated May 10, 2006; Division of Fisheries & Wildlife Natural Heritage & Endangered Species Program (NHESP) letter dated June 13,2006; Continuance letters prepared by New England Engineering dated June 14, 2006, June 27, 2006, July 11, 2006, August 21, 2006, September 13, 2006, October 11, 2006, & November 14, 2006. CASwap/00C/242-1357,0 N. Main- Denial 6 NACC 11/30/2006 SRA L) Massachusetts Department of Environmental Protection Bureau of Resource Protection - Wetlands I WPA Form 5 — Order of Conditions MassachusetVro4ts WetlanAC�- Protection Act M.G.L. c. 13'1(, §40 r A. General Information Important: When filling out forms on the computer, use only the tab key to move your cursor - do not use the return key. Ir=51 From: North Andover 1. Conservation Commission 2. This issuance is for (check one): 3. To: Applicant: DEP File Number: 242-1357 W 01A AJ,,, 1 ctid e -f 0a,-+, AYIC1vcr ® Order of Conditions ❑ Amended Order of Conditions a. First Name b. Last Name 21 Main Street d. Mailing Address North Andover e. City/Town 4. Property Owner (if different from applicant): Downer Borthers Lanscaping c. Company MA. f. State 01845 g. Zip Code a. First Name b. Last Name Landers Nominee Trust 40 Court Street c. Company d. Mailing Address North Andover e. City/ I own MA. 01845 f. State g. Zip Code s. Project Location: O North Main Street a. Street Address North Andover Map 28 b. City/Town c. Assessors Map/Plat Number Parcel 22 Latitude and Longitude, if known (note: d. Parcel/Lot Number electronic filers will click for GIS locator): e. Latitude f. Longitude 6. Property recorded at the Registry of Deeds for (attach additional information if more than Essex North one parcel): a. County 7618 b. Certificate (if registered land) c. Book 51 7. Dates: 5/12/06 d. Pa e a. Date Notice of Intent Filed b. Dat 8. Final Approved Plans and Other Documents Nearing Closed c. Date of ssuance (attach additional plan or document references as needed): Site Plan a. Plan Title New England Engineering Services, Inc b. PrepaA Benjamin C. Osgood, P. E. pBy ) 6 c. Signed and Stamped by d. Final Revision Date it, e. Scale f. Additional Plan or Document Title 9. Total WPA Fee Paid: $ 1575.00 g• Date $ 775.00 $ 800.00 a. Total Fee Paid b. State Fee Paid c. City/Town Fee Paid wpaform5.doe • rev. 3/1/05 Page 1 of 9 LIMassachusetts Department of Environmental Protection Bureau of Resource Protection - Wetlands WPA Form 5 - Order of Conditions Massachusetts WetlanProtection Act M.G.L. c. 131, §40 Not4, A�Jvv.w LOLAa,T ? .44;0n B IAV C er 179 ' B. Findings Findings pursuant to the Massachusetts Wetlands Protection Act: DEP File Number: 242-1357 of tic f -L AJove.- 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: a• ® Public Water Supply d. ® Private Water Supply g. ® Groundwater Supply b. ❑ Land Containing Shellfish c. ® Prevention of Pollution e. ❑ Fisheries f. h. ® Storm Damage Prevention i ® Protection of Wildlife Habitat ® Flood Control 2. 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. 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 control. plans, specifications, or other proposals submitted with the Notice of Intent, these conditions shall Denied because: ❑ the proposed work cannot be conditioned to meet the performance standards set forth in the wetland regulations. Therefore, work on this project may not go forward unless and until a new Notice of Intent is submitted which provides measures which are adequate to protect these interests, and a final Order of Conditions is issued. A description of the performance standards which the proposed work cannot meet is attached to this Order. Ithe information submitted by the applicant is not sufficient to describe the site, the work, or the effect he 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 attached to this Order as per 310 CMR 10.05(6)(c). it is necessary is Inland Resource Area Impacts: Check all that apply below. (For Approvals Only) ❑ Buffer Zone Impacts: Shortest distance between limit of project disturbance and wetland boundary (if available) Resource Area Proposed Permitted Proposed Alteration Alteration Replacement 3• ❑Bank a. linear feet b. linear feet c. linear feet 4• El Bordering Vegetated Wetland a. square feet b. square c. square feet 5• ❑ Land Under Waterbodies and a• square feet Waterways e. cu.yd dredged wpaform5.doc • rev. 3/1/05 nuedi Mer Permitted Replacement u. nnear Tee[ d. square feet . square feet c. square feet d. square feet f. cu.yd dredged Page 2 of 9 Massachusetts Department of Environmental Protection L'TBureau of Resource Protection - Wetlands DEP File Number: -11 WPA Form 5 — Order of Conditions 242-1357 Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 s w�kMIS �,1,w c�t��G nn cite •�n B. Findings (cont.) ❑ Coastal Beaches Resource Area Proposed Permitted Proposed Alteration Alteration Replacement 6. El Bordering Land Coastal Dunes Subject to Flooding a. square feet b. square feet c. square feet Cubic Feet Flood 14. El Storage ❑ e. cubic feet f. cubic feet g. cubic feet 7. Isolated Land Subject a. linear feet b. linear feet to Flooding a. square feet b. square feet Cubic Feet Flood Storage c. cubic feet d. cubic feet e. cubic feet s. ❑ Riverfront area Salt Marshes 17. a. total sq. feet b. total sq. feet Sq ft within 100 ft Ponds. c. square feet d. square feet e. square feet Sq ft between 100-200 ft C. cu. yd dredged d. cu.yd dredged 18. e. square feet f. square feet e. square feet Coastal Resource Area Impacts: Check all that apply below. (For Approvals Only) 9. ❑ Designated Port Shellfisha. Areas Indicate size under Land Under the Ocean, below 10. ❑ Land Under the Fish Runs Indicate size under Coastal Banks, inland Bank, Land Under the Ocean a- sauarw foa4 ti __ s__. c. cu.yd dredged d. cu.yd dredged Permitted Replacement d. square feet h. cubic feet f. cubic feet 11. ❑ Barrier Beaches Indicate size under Coastal Beaches and/or Coastal Dunes below 12. ❑ Coastal Beaches a. square feet b. square feet c. Gy nourishmt. d. cty nourishmt. 13. ❑ Coastal Dunes a. square feet b. square feet c. Gy nourishmt. d. Gy nourishmt 14. El coastal Banks a. linear feet b. linear feet 15. F-1 Rocky Intertidal Shores a. square feet b. square feet 16. ❑ Salt Marshes 17. El Land Under Salt a. square feet b. square feet c. square feet d. square feet Ponds. squarefeet b. square feet C. cu. yd dredged d. cu.yd dredged 18. El Land Containing Shellfisha. square feet b. square feet c. square feet d. square feet 19. ❑ Fish Runs Indicate size under Coastal Banks, inland Bank, Land Under the Ocean, and/or inland Land Under Waterbodies and Waterways, above El a. cu. yd dredged b. cu.yd dredged 20. Land Subject to Coastal Storm Flowage ii. square feet b. sauare feet wpaform5.doc • rev. 3/1/05 Page 3 of 9 .L1 'D .-A Massachusetts Department of Environmental Protection Bureau of Resource Protection - Wetlands WPA Form 5 - Order of Conditions Massachusetts We'+".Vt>r C. General Cond ends Protection A t M.G.L. c. 131, §40 9 r 131, §40 "✓fer O f ou l c.. W- No; Under (only applicable to approved projects) DEP File Number: 242-1357 assachusetts Wetlands Protection Act 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 all other applicable federal, state, or local statutes, ordinances, bylaws, or regulations. 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, VA DEP"] "File Number 242-1357 11 wpaform5.doc- rev. 311/05 Page 4 of 9 If you need more space for additional conditions, select box to attach a text document ED HPaform5.doc- rev. 3/1/05 �)e r) -~ Massachusetts Department of Environmental Protection Bureau of Resource Protection - Wetlands WPA Form 5 - Order of Conditions Massachusetts ds Protection Act M C. General Conditions Under DEP File Number: 242-1357 L. c. 131, §40 s W 17t WJE t �� �davetr :husetts Wetlands Protection Act 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. 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. 18. All work associated with this Order is required to comply with the Massachusetts Stormwater Policy Standards. Special Conditions: Page 5 of 9 T r� Massachusetts Department of Environmental Protection Bureau of Resource Protection - Wetlands DEP File Number: WPA Form 5 - Order of Conditions 242-1357 Massachusetts Wetlands Protection Act M.G.L. C. 131, §40 s kal-A ��r Wc�'I•..�ds bray I cls D. Findings Under Municipal Wetlands Bylaw or Ordinance 1. Is a municipal wetlands bylaw or ordinance applicable? ® Yes ❑ No 2. The North Andover hereby finds (check one that applies): Conservation Commission 3. ❑ that the proposed work cannot be conditioned to meet the standards set forth in a municipal ordinance or bylaw specifically: a. Municipal Ordinance or Bylaw b. 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. 4. ® that the following additional conditions are necessary to comply with a municipal ordinance or bylaw: North Andover Wetland Protection Bylaw Chapter 178 a. Municipal Ordinance or Bylaw b. Citation The Commission orders that all work shall be performed in accordance with the following 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. If you space for more c. The special conditions relating to municipal ordinance or bylaw are as follows: additional conditions, See attached select box to attach a text document wpeform5.doc • rev. 3/1/05 Page 6 of 9 -De,41 C� Massachusetts Department of Environmental Protection Bureau of Resource Protection - Wetlands WPA Form 5 - Order of Conditions Mass chusetts Wetlands Protectign Act M.G.L. c. 131, §40 1 rlor tl V -?O cS .+.'oh 1 #0 l -r 17t rc�.c of E. Issuance DEP File Number: 242-1357 This Order is valid for three years, unless otherwise specified as a special II bibc condition pursuant to General Conditions #4, from the date of issuance. 1. Date of Issuaice Please indicate the number of members who will sign this form: This Order must be signed by a majority of the Conservation Commission. 2. Number of signers 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 tim to the appropriate partment of Environmental Protection Regio I Office, if not filing electrically, ald �herro�rty owner, if different from applicant. 1111 A Signatures: Notary Acknowledgement Commonwealth of Massachusetts County of On this al �h Day -- of Before me, the undersigned Notary Public, personally appeared Essex North AD U"d Good Month Year S_CC-4- 4Ass.z- Name of Document Signer proved to me through satisfactory evidence of identification, which was/were Massachusetts License Description of evidence of identification to be the person whose name is signed on the preceding or attached document, and acknowledged to me that he/she signed it voluntarily for its stated purpose. As mPmhar of North Andover Citylrown E DONNA M. WEDGE NOTARYPUBUC COMMOIGNATH OF UUMCHUSETTS My comm EA*9S Aug. 7, 2009 Place notary seal and/or any stamp above This Order is issued to the applicant as follows: ❑ by hand delivery on Date Conservation Commission Signature of Notary Public L) ehn s7 /*7/ Printed NM7OZZ,? Nblic My Commisiion Vxpires (Date) NJ by certified mail, return receipt requested, on m i Date wpaform5.doc • rev. 3/1/05 Page 7 of 9 Massachusetts Department of Environmental Protection Bureau of Resource Protection - Wetlands WPA Form 5 - Order of Conditions Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 F. Appeals DEP File Number: 242-1357 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 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. Any appellants seeking to appeal the Department's Superseding Order associated with this appeal will be required to demonstrate prior participation in the review of this project. Previous participation in the permit proceeding means the submission of written information to the Conservation Commission prior to the close of the public hearing, requesting a Superseding Order or Determination, or providing written information to the Department prior to issuance of a Superseding Order or Determination. 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. Section G, Recording Information is available on the following page. wpaform5.doc • rev. 3/7/05 Page 8 of 9 Massachusetts Department of Environmental Protection Bureau of Resource Protection - Wetlands WPA Form 5 - Order of Conditions Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 G. Recording Information DEP File Number: 242-1357 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 this form shall be submitted to the Conservation Commission listed below. North Andover Conservation Commission 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 Has been recorded at the Registry of Deeds of: County for: Property Owner 242-1357 DEP File Number Book and has been noted in the chain of title of the affected property in: Book rage 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: Signature of Applicant Page w'Paform5.doc • rev. 3/1/05 Page 9 of 9 DEP FILE # 242-1357 0 North Main Street FINDINGS OF FACT I. OVERVIEW Downer Brothers Landscaping (the "Applicant") filed a Notice of Intent (NOI) with the North Andover Conservation Commission (NACC) on May 12, 2006 requesting an Order of Conditions approving the construction of a commercial building and associated site work to include grading, stormwater management, paving, and appurtenances within the 100 -foot Buffer Zone to a Bordering Vegetated (BVW)/Bank, the 200' Riverfront Area and Bordering Land Subject to Flooding (BLSF) associated with the Merrimack River. These resources are subject to protection under the Massachusetts Wetland Protection Act (MGL c.131 s.40) (the "Act") and the North Andover Wetland Protection ByLaw (c.178 of the Code of North Andover) (the "ByLaw"). A legal notice was published accordingly in the Lawrence Eagle Tribune and a public hearing was scheduled for May 24, 2006 (21 days from the date of filing). On May 24, 2006, the NACC opened the public hearing. Subsequent public hearings were held or were continued on numerous occasions at the request of the applicant. A chronological account of the public meetings held and the continuances granted are documented below: • At the May 26, 2006 public meeting, the NACC granted the applicant's continuance request to the meeting of June 14, 2006 after testimony was heard. • At the June 14, 2006 public meeting, the NACC granted the applicant's continuance request to the meeting of July 12, 2006. No new testimony was heard. • At the July 12, 2006 public meeting, the NACC granted the applicant's continuance request to the meeting of August 23, 2006. No new testimony was heard. • At the August 23, 2006 public meeting, the NACC granted the applicant's continuance request to the meeting of September 13, 2006. No new testimony was heard. The NACC had requested the applicant or the applicant's representative, New England Engineering Services, Inc (NEES), to be present at the September 13th meeting even if a continuance was again requested. • At the September 13, 2006 public meeting, neither the applicant nor a representative was present despite the fact that the Administrator, Alison McKay, and the Administrative Assistant, Donna Wedge, spoke directly to NEES in this regard and were told that someone would be present, although a continuance would be requested. The Commission had some discussion as to how they wished to proceed, whether to grant the applicant's continuance request or whether to close the public hearing and issue a decision. After viewing the meeting on local cable access television, the applicant appeared at the meeting. The applicant stated that he was told that his representative would be present and was not sure why they were not. The Commission reiterated their great concern of repeated continuances and lack of information submitted. They had offered the applicant the option to withdraw without prejudice and to refile when the application was more complete.. The applicant had requested a continuance to the meeting of September 27, 2006. The Commission unanimously granted this continuance. No new testimony REdtf4W' p7OEY Z42-1357,0 N. Main- Denial 1 NACC 11/30/2006 AF SGmE DEP FILE # 242-1357 0 North Main Street • At the September 27, 2006 public meeting, NEES provided new information and new testimony was heard (discussed hereafter). After hearing testimony and participating in discussion, the Commission unanimously voted to continue the public meeting to the meeting of October 11, 2006. • At the October 11, 2006 public meeting, NEES was present to discuss the project since the last meeting and update the Commission. Ms. McKay indicated that she met with NEES to discuss the outstanding administrative issues/concerns (discussed hereafter). NESS provided no new information since the September 27, 2006 public meeting. The Commission unanimously voted to continue the public hearing to the meeting of November 15, 2006. At the November 15, 2006 public meeting, neither the applicant nor NEES were present, however NEES had submitted a continuance request letter to the meeting of January 24, 2007. The letter explained that the reason for the lengthy continuance was to allow for a request for a variance from the Zoning Board of Appeals to continue the existing industrial use on the undersized lot. After some discussion, a motion was made to grant this continuance. The motion was seconded. No other motion was made, therefore the motion failed. A motion was made to close and issue a decision. The motion was seconded. The vote was unanimous. • At the November 29, 2006 public meeting, the Commission rendered a DENIAL based upon the following facts and findings: The project is proposed on a previously developed 43,561 s.f. commercially zoned lot created prior to August 1, 1996. As stated previously, the lot is located entirely within the 200' Riverfront area and the 100 -year floodplain (FEMA FIRM elevation 33 feet) to the. Merrimack River. Coincidently, the project was filed the Friday prior to the May 14, 2006 flood event. The entire site was observed to be under water with waters rising to almost, if not, the exact location of the determined 100 -year flood elevation (later confirmed and stated by the project's Engineer during a public meeting). Work was also proposed within associated BVW/Bank buffer zone resource areas. Existing site conditions included a combination of grass, gravel, concrete, pavement and slab area (no foundation), on top of which the previous commercial building was situated (which had since collapsed and was no longer standing). The site was currently used as a landscaping/storage/junk yard area and had been used as such over the years (as such, the NACC had mandated the issuance of an Enforcement Order subsequent to the issuance of this decision). Proposed work on the site would consist of cleaning up the site (i.e. - removal of debris from the previously demolished building, removal of stockpiled landscaping materials, removal of other materials/scrap vehicles, etc.) and the redevelopment of the site with the construction of a new 38' x 52' (1,976 s.f.) commercial building and associated site work The project site is located entirely within the 200 -foot riverfront area. The site as it exists today is disturbed and currently used as a landscapers yard. Stormwater currently flows unabated from the site overland towards and in to the Merrimack River. Proposed work would improve existing site conditions and therefore the applicant asserts that the proposed project would be allowed under the Redevelop provision of the Riverfront regulations (310 CMR 10.58 (5) & (6)). An alternative analysis statement for work within the Riverfront resource area was also included in the NOI application and states that "construction is not feasible outside of the protection area. The site has been used as a contractor's storage yard and previously contained a building with a larger footprint than what was proposed." CASwap/000242-1357,0 N. Main- Denial 2 NACC 11/30/2006 DEP FILE # 242-1357 0 North Main Street Further, the applicant asserts in the NOI application that the proposed project would not adversely affect the riverfront area and would improve the ability of the buffer zone to protect the interests of the Riverfront Protection Act. The NOI application additionally provides and asserts that the project would not adversely impact additional protected interests including the protection of public and private water supply, the protection of groundwater, flood control, the prevention of pollution, the protection of wildlife habitat, the protection of fisheries, and the protection of land containing shellfish. The NOI application had provided flood plain calculations and a drainage analysis of the site. Because the site was located entirely within the 100 -year flood elevation and would require approximately 1,846 cubic feet of flood plain filling, the applicant had proposed and provided 1,863 cubic feet of compensatory flood storage on the site in accordance with the flood standards of 1:1 compensatory flood storage pursuant to 310 CMR 10.57 (4) (a) 1. The applicant also proposed flood proofing the building so as to construct it on pilings. The NACC had neither refuted nor confirmed whether such compensatory flood storage provided and the means and methods to which it was provided met all performance standards pursuant to 310 CMR 10.57 (4). The Commission had raised and had continually raised a concern as to whether the lot was even buildable under the local zoning bylaw. This concern was raised at the initial public meeting of May 24, 2006 at each subsequent public hearing held (three (3) of which were not continued within six (6) months). An abutter's attorney, Dom Scalise, also raised this question at the initial public meeting of May 24, 2006 asserting that it was his recollection that the previous Inspector of Buildings/ Zoning Enforcement Officer, Robert Nicetta, had indicated verbally that the lot was not buildable, although he had nothing in writing to confirm this opinion. Mr. Scalise asked if zoning variances would be required. After hearing all initial testimony, Scott Masse, NACC Chairman, highly recommended that the applicant seek an opinion from the local Inspector of Buildings, Gerald Brown, for a determination of whether or not the lot was buildable under the zoning bylaw and regulations and what zoning variances, if any, would be required. An account of the meeting held on September 13, 2006 is described as part of the chronological account of the public meetings stated formerly. At the meeting of September 27, 2006, Ben Osgood, Jr, of NEES presented a redesign of the project including, but not limited to, the relocation of the building outside of the Greater Lawrence Sanitary District (GLSD) easement, which had been raised at the May 24th public meeting. At this meeting, Ms. McKay recommended that the Commission vote to set up escrow for a third party consultant review of the drainage analysis. A motion to set up escrow for a third party drainage review in the amount of $5000 was made by Sean McDonough and seconded by Deborah Feltovic. Mr. Osgood refuted that the escrow amount was too high. He offered no response and associated justification to another amount. The Commission discussed holding off on setting up escrow to determine a more reasonable amount. The Commission withdrew the motion. A motion to continue to the meeting of October 11, 2006 was made by Ms. Feltovic and seconded by Jack Mabon. The vote was unanimous. At the October 11th meeting, Andy Lambert of NEES and attorney Scalise. Ms. McKay stated that a meeting was held with herself and NEES on October 6th to discuss the project and iron out some of the administrative concerns she had had. Mr. Scalise was also present at the October 6th meeting. Ms. McKay stated that the concern as to whether the lot was actually buildable or not and what, if any, zoning variances would be required was still outstanding. NEES indicated at the October 6th meeting that. they had not yet spoken to the Inspector of Buildings. Ms. McKay reiterated at that meeting that this should be looked into as previously requested by the Commission. At the October C:\Swap/00C/242-1357,0 N. Main- Denial 3 NACC 11/30/2006 DEP FILE # 242-1357 0 North Main Street 11th meeting, the NACC had received a letter written by Mr. Osgood, Jr. (dated October 11, 2006) in regards to the Commission's initial request of if the lot met zoning requirements. This letter stated the following: "This office has researched the existence of the lot and has determined that it was created between 1948 and 1960. The IS zoning district was developed in the late 19501s. If the lot was created prior to the creation of the zoning bylaw than a variance for the use of the lot is not needed, however if the lot was created after the adoption of the zoning bylaw a variance to use the lot will be required. This office will need more time to research the title for the property and determine the exact date of creation of the lot to determine if a variance is required. More time will be needed to accomplish this research." The letter also requested the Commissions authorization for posting an escrow for a review of the submittal by their outside consultant as well as a continuance of the public hearing for one month. Commission member Joseph Lynch recommended waiting on setting up an escrow account for outside review until a determination was made on the lot and whether it was buildable or not. Mr. McDonough agreed stating that the projects should have been filed with the zoning board first before it was filed with the Commission and felt that the NACC could deny the project on that basis. A motion to continue to the meeting of November 15, 2006 was made by Mr. Mabon. Ms. Feltovic seconded. The vote was unanimous. At the November 15, 2006 meeting, neither the applicant nor a representative was present. A continuance letter was submitted dated November 14, 2006 requesting a continuance to the meeting of January 14, 2007. The letter states that the lengthy continuance is being requested to allow NEES "to request a variance from the Board of appeals to continue the existing industrial use on an undersized lot." Chairman Masse stated that he wasn't inclined to grant the continuance, as the applicant had known for six (6) months that this was a concern. Ms. Feltovic . motioned to grant the continuance to the meeting of January 24, 2007. Mr. Mabon seconded. No other motion was made. The motion failed. Mr. Mabon motioned to close and issue a decision within 21 days. Ms. Feltovic seconded. Unanimous. At the November 15, 2006 public hearing, the NACC voted to close the public hearing and issue a decision within 21 days (VOTE 4-0-0). A special meeting was held by the NACC on November 29, 2006 in order to render this decision within the 21 -day time requirement set for by the Act and Bylaw. II. Decision - DENIAL After careful review of the information presented by the applicant at public hearings, at a special meeting of November 29, 2006, the NACC unanimously voted to DENY the applicant's request to construct a commercial building and associated site work to include grading, stormwater management, paving, and appurtenances within the 100 -foot Buffer Zone to a Bordering Vegetated (BVW)/Bank, the 200' Riverfront Area and Bordering Land Subject to Flooding (BLSF) associated with the Merrimack River as shown on the site plans entitled "Site Plan" consisting of sheets 14, dated August 22, 2006, revised September 21, 2006. The project has been DENIED by the NACC based upon the following reasons: CASwap/00C/242-1357,0 N. Main- Denial 4 NACC 11/30/2006 DEP FILE # 242-1357 0 North Main Street North Andover Wetlands Protection Bylaw (chapter 178 code of North Andover) -178.5 C "The applicant shall have the burden of proving by preponderance of credible evidence that the activity proposed.in the Notice of Intent will not cause adverse impacts to any of the interests and values sought to be protected by this Bylaw. Failure to provide to the Commission adequate evidence for it to determine that the proposed activity does not cause adverse impacts shall be significant cause for the Commission to deny permission or to grant such permission...." North Andover Wetlands Protection Bylaw (chapter 178 code of North Andover) - 178.4 - Applications to Perform Work and Information Required "In order to comply with the provisions of this Bylaw, each application must be complete as filed, and must comply with the rules set forth herein and Commission regulations. No such application shall be accepted as complete before all permits, variances, and approvals required by the Bylaws of the Town with respect to the proposed activity, at the time of such Notice, have been applied for or obtained. Such application shall also include any information submitted in connection with such permits, variances, and approvals that is necessary to describe the effect of the proposed activity on the resource areas". North Andover Wetlands Protection Regulations - Section 4.3.1 "Submission of incomplete or inadequate information or a failure to meet the burden of proof may result in extensive delays and continuances in the review and approval procedure. Failure to supply adequate and credible documentation describing the impact of the project on resource areas may result in issuance of a decision prohibiting the work". NACC Waiver Standard: The project, or its natural and consequential effects, will not have any adverse effects upon any of the interests protected by the Bylaw. It shall be the responsibility of the applicant to provide the Commission with any information that the Commission may request to enable the Commission to ascertain such adverse effects. The failure of the applicant to furnish any information that has been so requested shall result in the denial of a request for a waiver pursuant to this subsection". The Applicant did not satisfy the Commission's repeated requests to submit all information pertaining to the property during a reasonable time period. The Commission found that the repeated continuances requested by the applicant were unnecessary when concerns were raised on numerous occasions starting from the initial public hearing. The information submitted by the applicant was not sufficient to describe the site, the work, or the effect of the work on the interests identified in the Wetlands Protection Act and the North Andover Wetlands Protection Bylaw. While the NACC had a comprehensive understanding of the proposed project as presented, compliance with performance standards for each protected interest pursuant to the Bylaw and WPA and associated regulations could not be thoroughly evaluated/determined without additional information. In this way, the applicant failed to overcome the burden of proof (310 CMR 10.03 (1)) and (178.5 c.) and demonstrate to the Commission that the proposed work would not have any adverse effects upon the interests identified in the WPA and the Bylaw. C:\Swap/OOC/242-1357,0 N. Main- Denial 5 NACC 11/30/2006 DEP FILE # 242-1357 0 North Main Street Therefore, no work shall be performed on this project. The applicant has failed to demonstrate compliance with the North Andover Wetland Protection ByLaw and the Massachusetts Wetlands Protection Act pursuant to these provisions. III. Record Documents: Notice of Intent filed by: Downer Brothers Landscaping (Applicant) 21 Main Street North Andover, MA 01845 Received DATE May 12, 2006. Plans prepared by: New England Engineering Services, Inc. 1600 Osgood Street Building 20, Suite 2-64 North Andover, MA 01845 Entitled "Site Plan", consisting of sheets 1 through 4. DATED: August 22, 2006, revised 9%21/06. Signed & Stamped by Benjamin C. Osgood, Jr., P.E. Other Record Documents: Drainage Report Prepared by New England Engineering Services, Inc. Dated May 10, 2006; Operation and Maintenance Plan (included in NOI) Dated May 10, 2006; Division of Fisheries & Wildlife Natural Heritage & Endangered Species Program (NHESP) letter dated June 13,2006; Continuance letters prepared by New England Engineering dated June 14, 2006, June 27, 2006, July 11, 2006, August 21, 2006, September 13, 2006, October 11, 2006, & November 14, 2006. C:\Swap/000242-1357,0 N. Main- Denial 6 NACC 11/30/2006 Important: When filling out forms on the computer, use only the tab key to move your cursor - do not use the return key. T&II a— Massachusetts Department of Environmental Protection Bureau of Resource Protection - Wetlands WPA Form 5 - Order of Conditions Massachusetts WetlanVoz-4;on Pction Act M.G.L. c. 13 WQAd„ds B IAV CL A. General Information DEP File Number: 242-1357 §40 r NorA AJ,,, r i 7 t C,d o -r- OoA Anne mcr From: North Andover 1. Conservation Commission 2. This issuance is for (check one): ® Order of Conditions ❑ Amended Order of Conditions 3. To: Applicant: a. First Nameb. Last Name Downer Borthers Lanscaping 21 Main Street C. Company d. Mailing Address North Andover MA. e. City/Town 01845 f. State g. Zip Code 4. Property Owner (if different from applicant): a. First Name Landers Nominee Trust b. Last Name C. Company 40 Court Street d. Mailing Address North Andover MA. e. City/Town 01845 f. State g. Zip Code S. Project Location: O North Main Street a. Street Address Map 28 C. Assessors Map/Plat Number Latitude and Longitude, if known (note: electronic filers will click for GIS locator): North Andover b. Cityr own Parcel 22 d. Parcel/Lot Number e. Latitude f. Longitude 6. Property recorded at the Registry of Deeds for (attach additional information if more than one parcel): Essex North a. County 7618 b. Certificate (if registered land) c. Book 51 d. Pa e 7. Dates: 5/12/06 zz 42 a. Date Notice of Intent Filed b. Dat ubf Hearing Closed c. Date of ssuance 6. Final Approved Plans and Other Documents (attach additional plan or document references as needed): Site Plan a. Plan Title 9. wpaformS.doe- rev. 3/1/05 New England Engineering Services, Inc b. PrepaBy Q(�I d d. inaf Revision Date f. Additional Plan or Document Title Total WPA Fee Paid: $ 1575.00 a. Total Fee Paid Benjamin C. Osgood, P. E. c. Signed and Stamped by e 11Sc0• g. Date $ 775.00 $ 800.00 b. State Fee Paid c. City/Town Fee Paid Page 1 of 9 ,V U1 % 6-1 Massachusetts Department of Environmental Protection Bureau of Resource Protection - Wetlands DEP File Number: WPA Form 5 - Order of Conditions 242-1357 Massachusetts Wetlan s Protection Act M.G.L. c. 131, §40 Note, A,Jovw I�Jr#la,�$ �vn 3 I C ,er 173 ' da. B. Findings N''�' �'�"G" 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: a• ® Public Water Supply d. ® Private Water Supply g• ® Groundwater Supply b. ❑ Land Containing Shellfish c. ® Prevention of Pollution e. ❑ Fisheries f. h- ® Storm Damage Prevention i. ® Protection of Wildlife Habitat ® Flood Control 2. This Commission hereby finds the project, as proposed, is: (check one of the following boxes) Approved subject to: I the following conditions which are necessary in accordance with the performance standards set forth in the wetlands regulations. 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. 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. A description of the performance standards which the proposed work cannot meet is attached to this Order. the information submitted by the applicant is not sufficient to describe the site, the work, or the effect of he 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). Inland Resource Area Impacts: Check all that apply below. (For Approvals Only) ❑ Buffer Zone Impacts: Shortest distance between limit of project disturbance and wetland boundary (if available) Resource Area Proposed Permitted Proposed Alteration Alteration Replacement I ❑ Bank 4. ❑ Bordering Vegetated Wetland 5. ❑ Land Under Waterbodies and Waterways 08fo-5.doc • rev. 3/1/05 a. linear feet a. square feet a. square feet e. cu.yd dredged b. linear -feet b. square -feet b. square feet f. cu.yd dredged unear Tee[ Permitted Replacement C. linear feet d. linear feet c. square feet c. square d. square feet d. square feet Page 2 of 9 �•d1 i o`I ILI)Massachusetts Department of Environmental Protection Bureau of Resource Protection - Wetlands WPA Form 5 - Order of Conditions .tMassachusetts Wetlands Protection Act M.G.L. c. 131, §40 s �V ky%Ayver W Tro B. Findings (cont.) DEP File Number: 242-1357 Resource Area Proposed Permitted Proposed 6. El Bordering Land Alteration Alteration Replacement Subject to Flooding a. square feet b. square feet C. square feet Cubic Feet Flood b. square feet c. Gy nourishmt. d. cty nourishmt. 13. ❑ Storage e. cubic feet f, cubic feet g. cubic feet 7. ❑ Isolated Land Subject a. square feet b. square feet c. Gy nourishmt. d. c/y nourishmt to Flooding a. square feet b. square feet Cubic Feet Flood Storage c. cubic feet d. cubic feet e. cubic feet 8. ❑ Riverfront area a. total sq. feet b. total sq. feet b, square feet Sq ft within 100 ft ❑ Salt Marshes Sq ft between 100-200 ft e. square feet f. square feet e. square feet Coastal Resource Area Impacts: Check all that apply below. (For Approvals Only) s. E3 Designated Port Areas Indicate size under Land Under the Ocean, below 1o. ❑ Land Under the Ocean a. square feet b. square feet c. cu. yd dredged d. cu.yd dredged ANdat4e Permitted Replacement d. square feet h. cubic feet f. cubic feet f. square feet f. square feet 11. ❑ Barrier Beaches Indicate size under Coastal Beaches and/or Coastal Dunes below 12. ❑ Coastal Beaches a. square feet b. square feet c. Gy nourishmt. d. cty nourishmt. 13. ❑ Coastal Dunes a. square feet b. square feet c. Gy nourishmt. d. c/y nourishmt 14. ❑ Coastal Banks a. linear feet b. linear feet 15. El Rocky Intertidal Shores asquare feet b, square feet 16. ❑ Salt Marshes 17. El Land Under Salt a. square feet b. square feet c. square -feet d. square feet Ponds a. square feet b. square feet Tcu.yd dredged d. cu.yd dredged 18. ❑Land Containing Shellfish a. square feet b. square feet c. square feet d. square feet 19. ❑ Fish Runs Indicate size under Coastal Banks, inland Bank, Land Under the Ocean, and/or inland Land Under Waterbodies and Waterways, above a. cu. id dredged b. cu.yd dredged 20. ❑ Land Subject to Coastal Storm Flowage a. square feet b. square feet wpaform5.doc • rev. 3/1/05 Page 3 of 9 -D .-A LlMassachusetts Department of Environmental Protection Bureau of Resource Protection - Wetlands DEP File Number: WPA Form 5 - Order of Conditions 242-1357 Mass chusetts Wetlands Protection A t M.G.L. c. 131, §40 r No �„�� almf-er 09 C. General Conditio6d Under kassachusetts Wetlands Protection Act (only applicable to approved projects) WPaf0rm5.doc • rev. 3/1/o5 I. 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 all other applicable federal, state, or local statutes, ordinances, bylaws, or regulations. 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 a 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 242-1357 " Page 4 of 9 If you need more space for additional conditions, select box to attach a text document 'Den4 Massachusetts Department of Environmental Protection Bureau of Resource Protection - Wetlands WPA. Form 5 - Order of Conditions usetts W nds Protection Act M.G.L. c. 131, §40 4110', -R (&L).; _CA -coo' V� wJc- C. General Conditions Under 's DEP File Number: 242-1357 JV"Lr la ver husetts Wetlands Protection Act 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. 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. 18. All work associated with this Order is required to comply with the Massachusetts Stormwater Policy Standards. Special Conditions: wpaform5.doc • rev. 3/1/05 Page 5 of 9 . -De*i,r� LJMassachusetts Department of Environmental Protection I Bureau of Resource Protection - Wetlands WPA Form 5 - Order of Conditions Massachusetts Wetlands Protection Act M.G.L. c. 1 P 1, §40 s i1loFA ,AnLvw Wt --I &,d r fro 1 ow C' t f-etr If you need more space for additional conditions, select box to attach a text document DEP File Number: 242-1357 • 9 -rw D. Findings Under Municipal Wetlands ylaw or Ordinance 1. Is a municipal wetlands bylaw or ordinance applicable? ® Yes ❑ No 2. The North Andover hereby finds (check one that applies): Conservation Commission 3. ❑ that the proposed work cannot be conditioned to meet the standards set forth in a municipal ordinance or bylaw specifically: a. Municipal Ordinance or Bylaw b. 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. 4. ® that the following additional conditions are necessary to comply with a municipal ordinance or bylaw: North Andover Wetland Protection Bylaw Chapter 178 a. Municipal Ordinance or Bylaw b. Citation The Commission orders that all work shall be performed in accordance with the following 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. c. The special conditions relating to municipal ordinance or bylaw are as follows: See attached wpeform5.doc • rev. 311/05 Page 6 of 9 TeA t CW Massachusetts Department of Environmental Protection Bureau of Resource Protection - Wetlands WPA Form 5 - Order of Conditions Mass :husetts Wetlands Protecti n Act M.G.L. . 131, §40 i r6rf� E. issuance DEP File Number: 242-1357 This Order is valid for three years, unless otherwise specified as a special l� condition pursuant to General Conditions #4, from the date of issuance. �. Date of sua ce Please indicate the number of members who will sign this form: This Order must be signed by a majority of the Conservation Commission. 2. Number of Signers 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 tim��to the appropriate partment of Environmental Protection Regio I Office, if not filing elect rgllically, ai pd the proty owner, if different from applicant. _ �� A II I Signatures: Notary Acknowledgement Commonwealth of Massachusetts County of Essex North On thisal 11 of A006 Day Month Year Before me, the undersigned Notary Public, � cc{. f - MAS 6q— personally appeared Name of Document Signer proved to me through satisfactory evidence of identification, which was/were Massachusetts License vva.,n�ruwvi oviuvm v Di wenimcatlon to be the person whose name is signed on the preceding or attached document, and acknowledged to me that he/she signed it voluntarily for its stated purpose. As member of North Andover City/Town Conservation Commission K:DONNAK WEDGE NVAW FLOW WM EOU Aug. 7, 2009 Place notary seal and/or any stamp above This Order is issued to the applicant as follows: ❑ by hand delivery on uate Signature of Notary Public Mn,Q /7/ lir%�J Printed Name f Not ry Public �1�%9 My Commisiion lApires (Date) LTJ by certified mail, return receipt requested, on m 1�O (o Date wpaforms.doc • rev. 3/1/05 Page 7 of 9 Massachusetts Department of Environmental Protection Bureau of Resource Protection - Wetlands WPA Form 5 - Order of Conditions Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 F. Appeals DEP File Number: 242-1357 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 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. Any appellants seeking to appeal the Department's Superseding Order associated with this appeal will be required to demonstrate prior participation in the review of this project. Previous participation in the permit proceeding means the submission of written information to the Conservation Commission prior to the close of the public hearing, requesting a Superseding Order or Determination, or providing written information to the Department prior to issuance of a Superseding Order or Determination. 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. Section G, Recording Information Is available on the following page. wpeform&doc • rev. 3/1/05 Page 8 of 9 ILIMassachusetts Department of Environmental Protection )l Bureau of Resource Protection - Wetlands WPA Form 5 - Order of Conditions Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 G. Recording Information DEP File Number: 242-1357 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 this form shall be submitted to the Conservation Commission listed below. North Andover Conservation Commission 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: vroject Location Has been recorded at the Registry of Deeds of: t,ounty for: Property Owner 242-1357 DEP File Number Book and has been noted in the chain of title of the affected property in: Book rage 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 Page wpaform5.doc • rev. 311105 Page 9 of 9 Town Clerk Time Stamp f NORTH O tt�ao �e, ^•O O }� f -IVED VARIANCE S.C.H �4`sAHUSES TOWN OF NORTH ANDOVER 2007 MAR -6 PH 4: 26 ZONING BOARD OF APPEALS NAME: -Downer Brothers Landscaping, Inc. ADDRESS OF APPEAL: 0 North Main Street Procedure & Requirements for an Application for a Variance Ten (10) copies of the following information must be submitted thirty (30) days prior to the first public hearing. Failure to submit the required information within the time periods prescribed may result in a dismissal by the Zonina Board of an application as incomplete. The information herein is an abstract of more specific requirements listed in the Zoning Board Rules and Regulations and is not meant to supersede them. The petitioner will complete items that are underlined STEP 1: ADMINISTRATOR PERMIT DENIAL: The petitioner applies for a Building Permit and receivers a Zoning Bylaw Denial form completed by the Building Commissioner. STEP 2: FINDING APPLICATION FORM: Petitioner completes an application form to petition the Board of Appeals for a Finding. All information as required in items 1 through and including 11 shall be completed. STEP 3: PLAN PREPARATION: Petitioner submits all of the required plan information as cited in section 10, page 4 of this form. STEP 4: OBTAIN LIST OF PARTIES IN INTEREST: The petitioner requests the Assessor's Office to compile a certified list of Parties in Interest (abutters). STEP 5: SUBMIT APPLICATION: Petitioner submits one (1) original and ten (10) Xerox copies of all the required information to the Town Clerk's Office to be certified by the Town Clerk with the time and date of filing. The original will be left at the Town Clerk's Office, and the 10 Xerox copies will be left with the Zoning Board of Appeals secretary. STEP 6: SCHEDULING OF HEARING AND PREPARATION OF LEGAL NOTICE: The Office of the Zoning Board of Appeals schedules the applicant for a hearing date and prepares the legal notice for mailing to the parties in interest (abutters) and for publication in the newspaper. The petitioner is notified that the legal notice has been prepared and the cost of the Party in Interest fee. STEP 7: DELIVERY OF LEGAL NOTICE TO NEWSPAPER The petitioner picks up the legal notice from the Office of the Zoning Board of Appeals and delivers the legal notice to the local newspaper publication. STEP 8: PUBLIC HEARING BEFORE THE ZONING BOARD OF APPEALS: The petitioner should appear in his/her behalf, or be represented by an agent or attorney. In the absence of any appearance without due cause on behalf of the petitioner, the Board shall decide on the matter by using the information it has otherwise received. STEP 9: DECISION: After the hearing, a copy of the Board's decision will be sent to all Parties in Interest. Any appeal of the Board's decision may be made pursuant to Massachusetts General Law ch. 40A § 17, within twenty (20) days after the decision is filed with the Town Clerk. STEP 10: RECORDING THE DECISION AND PLANS. The petitioner is responsible for recording certification of the decision and any accompanying plans at the Essex County, North Registry of Deeds, 381 Common St., Lawrence MA, and shall complete the Certification of Recording form and forward it to the Zoning Board of Appeals and to the Building Department. IMPORTANT PHONE NUMBERS: 978-688-9533 Office of Community Dev. & Services North Andover Town Hall 1600 Osgood St., Bldg. 20, Suite 2-36 120 Main Street North Andover, MA 01845 978-688-9501 Town Clerk's Office 978-688-9542 fax for Community Development offices 978-688-9566 Assessor's Office 978-688-9545 Building Department 978-688-9541 Zoning Board of Appeals Office PAGE 1 of 4 Town Clerk Time Stamp Of NORT#1 St�°o e� h0 O % J 77 IV 9 4 VARIANCE �9q�•,r.o.�s�5 Ssacwus� TOWN OF NORTH ANDOVER 2007 €1A?� _'U Fri Lo 26 ZONING BOARD OF APPEALS NAME: .Downer Brothers Landscaping, Inc. =` ADDRESS OF APPEAL: 0 North Main Street y Procedure & Requirements for an Application for a Variance Ten. (10) copies of the following information must be submitted thirty (30) days prior to the first public hearing. Failure to submit the required information within the time periods prescribed may result in a dismissal by the Zoning Board of an application as incomplete. The information herein is an abstract of more specific requirements listed in the Zoning Board Rules and Regulations and is not meant to supersede them. The petitioner will complete items that are underlined STEP 1: ADMINISTRATOR PERMIT DENIAL: The petitioner applies for a Building Permit and receivers a Zoning Bylaw Denial form completed by the Building Commissioner. STEP 2 FINDING APPLICATION FORM: Petitioner completes an application form to petition the Board of Appeals for a Finding. All information as required in items 1 through and including 11 shall be completed. STEP 3: PLAN PREPARATION: Petitioner submits all of the required plan information as cited in section 10, page 4 of this form. STEP 4: OBTAIN LIST OF PARTIES IN INTEREST: The petitioner requests the Assessor's Office to compile a certified list of Parties in Interest (abutters). STEP 5: SUBMIT APPLICATION: Petitioner submits one (1) original and ten (10) Xerox copies of all the required information to the Town Clerk's Office to be certified by the Town Clerk with the time and date of filing. The original will be left at the Town Clerk's Office, and the 10 Xerox copies will be left with the Zoning Board of Appeals secretary. STEP 6: SCHEDULING OF HEARING AND PREPARATION OF LEGAL NOTICE: The Office of the Zoning Board of Appeals schedules the applicant for a hearing date and prepares the legal notice for mailing to the parties in interest (abutters) and for publication in the newspaper. The petitioner is notified that the legal notice has been prepared and the cost of the Party in Interest fee. STEP 7: DELIVERY OF LEGAL NOTICE TO NEWSPAPER The petitioner picks up the legal notice from the Office of the Zoning Board of Appeals and delivers the legal notice to the local newspaper publication. STEP 8: PUBLIC HEARING BEFORE THE ZONING BOARD OF APPEALS: The petitioner should appear in his/her behalf, or be represented by an agent or attorney. In the absence of any appearance without due cause on behalf of the petitioner, the Board shall decide on the matter by using the information it has otherwise received. STEP 9: DECISION: After the hearing, a copy of the Board's decision will be sent to all Parties in Interest. Any appeal of the Board's decision may be made pursuant to Massachusetts General Law ch. 40A § 17, within twenty (20) days after the decision is filed with the Town Clerk. STEP 10: RECORDING THE DECISION AND PLANS. The petitioner is responsible for recording certification of the decision and any accompanying plans at the Essex County, North Registry of Deeds, 381 Common St., Lawrence MA, and shall complete the Certification of Recording form and forward it to the Zoning Board of Appeals and to the Building Department. iii►iiiiiifiiTiiiliiYii(itiliiti��f4GEi�ilpYftii3i37Gi5�fiili�i3iii6ii�€iiift'it�diiii'i[�ffi`ftSiDfaic'3iiCiiSiiic�3'Yc`I6ii'ii5fie3Grf�if�fiiFi�iriFiiYi�ii�fi3diiiit3$iiC6iitiiii5i3#iiCLGGiiF$iiiiiiiii:if6i(iGii IMPORTANT PHONE NUMBERS: 978-688-9533 Office of Community Dev. & Services North Andover Town Hall 1600 Osgood St., Bldg. 20, Suite 2-36 120 Main Street North Andover, MA 01845 978-688-9501 Town Clerk's Office 978-688-9542 fax for Community Development offices 978-688-9566. Assessor's Office 978-688-9545 Building Department 978-688-9541 Zoning Board of Appeals Office PAGE 1 of 4 PAGE 2 OF 4 NORTH ANDOVER ZONING BOARD OF APPEALS application for a VARIANCE 1. Petitioner: *Name, *Address and telephone number: Downer Brothers Landscaping, Inc. (978) 815-3444 21 Main Street North Andover, MA 01845 *The petitioner shall be entered on the legal notice and the decision as entered above. 2. Owners of Land: Name, Address, telephone number, and number of years under this ownership: Abbie Kayla LLC (978) 815-3444 21 Main Street North Andover, MA 01845 Years Owned Land: 1 3. Location of Property: a. Street: 0 North Main Street Zoning District: IS b. Assessors: Map number: 28 Lot Number: 22 _ c. Registry of Deeds: Book Number: 10121 Page Number: 327 4. Zoning Bylaw Section(s)* under which the petition for the Variance is made. Section 10.4 and Section 7, Table 2 *Refer to the Zoning Bylaw Denial and Plan Review Narrative form as supplied by the Building Commissioner 5. Describe the Variance request: A dimensional variance is requested to allow the construction of a building on a lot containing 46,378 SF ± where a minimum lot area of 50,000 SF is required. 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, section 9 of this application. Failure by the applicant to describe the request clearly may result in a decision that does not address the intent of the applicant. The decision will be limited to the request by the applicant and will not involve additional items not included above. 6 A. Difference from Zoning Bylaw requirements: Indicate the dimension(s) that will not meet current Zoning Bylaw Requirements. (Lines A and B are in case of a lot split) Lot Area Open Space Percentage Lot Frontage Parking Sq. Ft. Sq. Ft. Coverage Feet Spaces Front Side A Side B Rear A.46,378 sf NA NA % NA NA NA NA NA NA B. % Page 3 of 4 NORTH ANDOVER ZONING BOARD OF APPEALS application for a VARIANCE 6 B. Existing Lot: Lot Area Open Space Percent Lot Frontage Parking Square feet Floors Minimum Lot Setback Building* Sq. Ft. Sq. Ft. Coverage Feet Spaces Front Side A Side B Rear 46,378 NA NA 338.23 NA NA NA NA NA 6 C. Proposed Lot(s): Use of Number Square feet Floors Sq. feet Building* Lot Area Open Space Percent Lot Frontage Parking Minimum Lot Setback *Reference Uses from the Zoning Bylaw & Table 1. Sq. Ft. Sq. Ft. Coverage Feet Spaces Front Side A Side B Rear 46.378 44,402 4.26% 338.23 4 30.2 33.4 74± 74± 6 D. Required Lot: (As required by Zoning Bylaw & Table 2) Lot Area Open Space Percent Lot Frontage Parking Minimum Lot Setback Sq. Ft. Sq. Ft. Coverage Feet Spaces Front Side A Side B Rear 50.000 NA 35% 150 4 30 15 15 30 7A. Existing Building(s): Ground Floor Number of Height Total Use of Number Square feet Floors Sq. feet Building* of Units** NA NA NA NA NA NA *Reference Uses from the Zoning Bylaw & Table 1. **State number of units in building(s). 7B. Proposed Building(s): Ground Floor Number of Height Total Use of Number Square feet Floors Sq. feet Building* of Units** 1,976 1 26 1,976 Business Garage 1 *Reference Uses from the Zoning Bylaw & Table 1. **State number of units in building(s). 8. Petitioner and Landowner signature(s): Every application for a Variance shall be made on this form, which is the official form of the Zoning Board of 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 Clerk or the Zoning Board of Appeals does not absolve the applicant from this responsibility. The petitioner shall be responsible for all expenses for filing and legal notification. Failure to comply with application requirements, as cited herein and in the Zoning Board Rules and Regulations may result in a dismissal by the Zoning Board of this application as incomplete. OWNER: ABBIE KAYLA LLC APPLICANT: DOWNER BROTHERS LANDSCAPING, INC. Signature: BY:,- - ' BY: Type above name(s) here: Christopher S Downer Christopher S Downer M°R,ti Zoning Bylaw Review Form °` •'"° 'Town Of North Andover a Building Department F A .r «; 1600 Osgood Street, Building 20, Suite 2-36 °.,,.°.• North Andover, MA. 01845 ,sSACNU°+Et Phone 978-688-9545 Fax 978-688-9542 Street: 0 North Main Street Ma /Lot: 28122 Applicant: Abbie Kayla LLC Request: Construct landscaping business garage in contractor's yard. Date: 2128107 Please be advised that after review of your Application and Plans that your Application is DENIED for the following Zoning Bylaw reasons: 7nninn nictrir-t- I -S Remedy for the above is checked below Item # Special Permits Planning Board Item # Item Notes Setback Variance I Item Notes A Lot Area Common Driveway Special Permit F Frontage Variance for Sign 1 Lot area Insufficient X 1 Frontage Insufficient Earth Removal Special Permit ZBA 2 Lot Area Preexisting X 2 Frontage Complies X 3 Lot Area Complies 3 Preexisting frontage 4 Insufficient Information 4 Insufficient Information B Use 5 No access over Frontage 1 Allowed X G Contiguous Building Area 2 Not Allowed 1 Insufficient Area 3 Use Preexisting 2 Complies X 4 Special Permit Required 3 Preexisting CBA 5 Insufficient Information 4 Insufficient Information C Setback H Building Height 1 All setbacks comply X 1 Height Exceeds Maximum 2 Front Insufficient 2 Complies X 3 Left Side Insufficient 3 Preexisting Height 4 Right Side Insufficient 4 Insufficient Information 5 Rear Insufficient I Building Coverage 6 Preexisting setbacks 1 Coverage exceeds maximum 7 Insufficient Information 2 Coverage Complies X D Watershed 3 Coverage Preexisting 1 Not in Watershed X 4 Insufficient Information 2 In Watershed j Sign 3 Lot prior to 10/24/94 1 Sign not allowed 4 Zone to be Determined 2 Sign Complies 5 Insufficient Information 3 Insufficient Information E Historic District K Parking 1 In District review required 1 More Parking Required 2 Not in district X 2 Parking Complies i X 3 Insufficient Information Remedy for the above is checked below Item # Special Permits Planning Board Item # Variance Site Plan Review Special Permit Setback Variance Access other than Frontage Special Permit Parking Variance Frontage Exception Lot Special Permit A-1 Lot Area Variance Common Driveway Special Permit Height Variance Congregate Housing Special Permit Variance for Sign Continuing Care Retirement Special Permit Special Permits Zoning Board Independent Elderly Housing Special Permit Special Permit Non -Conforming Use ZBA Large Estate Condo Special Permit Earth Removal Special Permit ZBA Planned Development District Special Permit Special Permit Use not Listed but Similar Planned Residential Special Permit Special Permit for 2 Unit R-6 Density Special Permit Special Permit Pre-existing, Non - ..Conforming Watershed Special Permit Supply Additional Information The above review and attached explanation of such is based on the plans and information submitted. No definitive review and or advice shall be based on verbal explanations by the applicant nor shall such verbal explanations by the applicant serve to provide definitive answers to the above reasons for DENIAL. Any inaccuracies, misleading information, or other subsequent changes to the information submitted by the applicant shall be grounds for this review to be voided at the discretion of the Building Department. The attached document titled 'Plan Review Narrative" shall be attached hereto and incorporated herein by reference. The building department will retain all plans and documentation for the abo file. You must file a new building permit application f;rm/;n7db,in the permitting process. wilding Departmeht OtT"cial Signa ur /ipplicatibn Received Application Denied Denial Sent : If Faxed Phone Number/Date: Plan Review Narrative The following narrative is provided to further explain the reasons for denial for the building permit' for the property indicated on the reverse side: Review Form Item Reference Reasons for Denial & Bylaw Reference Police X Zonin Board of Appeals A-1 A Variance from the Zoning Board of Appeals is required from Section 7.1 (Lot Area) & Table 2 of the Zoning Bylaw in order to construct the proposed landscaping business garage. Planning / A,. Shaws 6 Other BUILDING DEPT 400000 Reforrerl Tn- Fire Health Police X Zonin Board of Appeals Conservation De artment of Public Works Planning Historical Commission Other BUILDING DEPT ZoningBylawDenia12000 TOWN OF NORTH ANDOVER ZONING BOARD OF APPEALS APPLICANT: DOWNER BROTHERS LANDSCAPING, INC. OWNER: ABBIE KAYLA LLC PROPERTY: ASSESSOR MAP 28, PARCEL 22 0 NORTH MAIN STREET, NORTH ANDOVER MEMORANDUM IN SUPPORT OF APPLICANT'S REQUEST FOR DIMENSIONAL VARIANCE I. INTRODUCTION Pursuant to Section 10.4 of the North Andover Zoning Bylaw and § 10 of MGL c. 40A, Downer Brothers Landscaping, Inc., requests that a variance or other zoning relief be granted to permit the construction of a commercial/industrial building for use as a business garage on the property which fails to conform with current lot size requirements. II. BACKGROUND Downer Brothers Landscaping, Inc. (the "Petitioner" or "Applicant") is the prospective tenant and user of the premises located at 0 North Main Street in North Andover (the "Property"). The Property is owned by Abbie Kayla LLC (the "Owner"), an affiliate of the Applicant. The Owner acquired the property by deed of Vincent B. Landers and Sheila M. Landers, as Trustees of The Landers Nominee Trust, dated January 30, 2006 and recorded at Book 10 12 1, Page 327 of the Essex County North District Registry of Deeds (the "Deed"). The Property further described in the Deed and it is also identified on the Town of North Andover Assessor Map 28, as Parcel 22. The Property is located in the Industrial "S" Zoning District ("IS"), where the proposed use of the Property as a business garage is permitted by right. On or about February 13, 2007, the Building Inspector issued a denial of the Petitioner's application and determined that issuance of a building permit requires a dimensional variance. More specifically, as the basis for denial, the Inspector of Buildings determined that the proposal did not comply with the requirements of Section 7 and Table 2 of the Zoning Bylaws and that a Variance for lot area was required to erect the structure. A copy of the Building Inspector's Denial is attached as Exhibit A. It is noted that the Property has historically been used for commercial business operations from the 1960's when it was purchased by Hurricane Fences, Inc. and thereafter by the Landers, the Owner's predecessor in title. A structure was previously erected and used on the Property, as evidenced by the remains on the Property of a building foundation and driveway of substantially similar size and location to the proposed development. In addition, it is noted that the Property is bordered by a substantially smaller undersized lot which is developed to include a building. III. BASIS FOR VARIANCE The Applicant's proposed variance meets all of the conditions for granting of a variance. The basis for the Petitioner's appeal is as follows. There are circumstances relating to soil conditions, shape, or topography of the land or structures and especially affecting such land or structures but not affecting generally the zoning district in which the property is located. In particular, the following property conditions are noted: a. The Property's shape, soils and topography are unique, with the property oddly shaped by a triangular "block" of streets and bordered on its northwesterly edge by the Merrimack River, on two opposite ends to the west and east by roadways (Ferry Street and North Main Street), and to the south by an abutting undersized lot. b. The entire northerly portion of the Property is the subject of an easement to the Greater Lawrence Sanitary District and the sole abutting parcel is fully developed with a mixed use commercial garage structure and residential apartment. It is further noted that abutting property is nonconforming including as to dimensional requirements, including without limitation lot area, with the lot substantially smaller than the subject Property. C. In additional, the Property is subject to soil and topography issues given its proximity to the Merrimack River with steep sloping along the rear of the lot to the border and bank of the river. 2. As a result of the circumstances described above which affect the Property but do not affect the zoning district in general, a literal enforcement of the area requirements of the Zoning Bylaw will involve substantial hardship, financial or otherwise, to the Applicant. The Property is "landlocked" by roadways and the river, which makes the ability to expand the lot, in this case, to conform with zoning impractical if not impossible. The property has been taxed and was purchased considering valuation as a building lot, has in the past had a storage building constructed on the Property, and the lot owner will suffer significant financial hardship if deprived of its value and investment. 3. The relief sought will be desirable and without substantial detriment to the public good. The lot and structure, while not conforming technically to the lot area requirement of Table 2 of the Zoning Bylaw will be conforming otherwise with all setbacks and with the Table 2 dimensional requirements. Further, the Property will be more conforming in this regard than its only immediate abutter. All property owners in the neighborhood should reasonably have expected that the property would again eventually be developed in light of the ongoing and historic commercial use of the Property and considering the existing concrete slab foundation at the Property. 4. Allowing the construction of the commercial building on the Property with a 46,378 SF lot foot rather than a 50,000 SF lot will not derogate from the intent or purpose of the Zoning Bylaw because it will allow development that is consistent with and in keeping with the development of other properties in the neighborhood. The use is a permitted use and the lot area is consistent with or greater than for the abutting IS -zoned lot. Further, allowing a business garage on the Property would be consistent with the historic commercial use for this Property upon which a structure previously existed. Accordingly, for the reasons stated above, and others that will be presented at the hearing, the Petitioner respectfully requests the Zoning Board of Appeals to grant the requested variance, and allow the Property to be developed with a minimum with a 46,378 SF lot where a 50,000 SF lot is required. Respectfully submitted, DOWNER BROTHERS LANDSCAPING, INC. By its attorney, Brian G. Vaughan, Esq. SMOLAK & VAUGHAN LLP 820 Turnpike Street, Suite 203 North Andover, Massachusetts 01845 (978) 327-5217 OWNER AUTHORIZATION 0 North Main Street, North Andover, Massachusetts (Assessors Map 28, Lot 22) The undersigned, Abbie Kayla, LLC, the owner (the "Owner") of property identified as Assessor's Map 28 Lot 22, located at 0 North Main Street, North Andover, Massachusetts, hereby authorizes Downer Brothers Landscaping, Inc. and Christopher S. Downer and/or their attorneys, agents or nominees, to apply to the Board of Appeals, Planning Board, Board of Selectmen, Board of Health and/or Conservation Commission of the Town of North Andover, as well as to any other boards or agencies, for all approvals necessary to use, construct and develop said property to include a commercial or industrial building (business garage) and for any additional or accessory uses or improvements as desired by the said applicant. The Owner disclaims any responsibility for the actions of, or information provided by, the Applicant relating to any requests for approval or otherwise. Dated: February 14, 2007 OWNER: ABBIE KAYLA, LLC By:��_ Christopher S. Downer I BK 10121 PG 327 QUITCLAIM DEED WE, VINCENT B. LANDERS and SHEILA M. LANDERS, Trustees of the LANDERS NOMINEE TRUST, under declaration of trust dated February 6, 2003 and recorded in Book 7618, Page 42 In consideration of TWO HUNDRED THOUSAND DOLLARS AND 00/100 ($200,000.00) paid Grant to ABBIE KAYLA LLC, a Massachusetts Corporation, having a place of business at 21 Main Strect, North Andover, Essex County, Commonwealth of Massachusetts WITH QUITCLAIM COVENANTS A certain parcel of land situated in the Town of North Andover, Massachusetts, and bounded and described as follows: Beginning at a stake on the Westerly side ofNorth Main Street 132.00 feet Northerly from a stone bound at the inteassection of the Northerly line of Ferry Stat with the Westerly line of North Main Street; thence Northwesterly by land now or formerly of the grantors 128.91 feet to an iron pipe; thence Southwesterly by laird now or formerly of the grantors 178.16 feet to a point in the Northerly line of perry Sired, said point being 202.00 feet Northwesterly from the Westerly side of North Alain Street; thence Northwesterly along the Northerly side of Ferry Street 85.61 feet, more or less, to the Merrimack River, thence Northeasterly by the Merrimack River 465.00 feet, more or less; to a point on the Westerly side of North Again Street, thence Southerly by the Westerly side of North Main Street 338.23 feet, more or less, to the point of begitrtring. Containing 41,945 square feet, more or less. Being the same premises as conveyed to the within grantors by deed of Vincent B. Landers dated Febnrraty 6, 2003 and recorded in the FA= North Registry of Deeds in Book 7618, Page 51. See also deed dated November 17,1977 at Book 1325, Page 353. CM 4Wa CA rz f) M. F 0 r� CM 4Wa CA ?� m' -10121 G 328 WITNESS our hand and seal this day of January, 2006. VINCENT E. LANDERS, Trustee SHEILA M. LANDEIRS, Trustee THE COMMONWEALTH OF MASSACHUSETTS On this j o day of January, 2006, before me, the undersigned notary public, personally appeared Vincent B. Landers and Sheila M. Landers, Trustees of the Landers No nince Trust, u/d/t/ dated February 6, 2003, proved to ane through satisfactory evidence of identification, which were Mjk h�> Drivers License, to be the person whose name is signed on the preceding document, and acknowledged to me that they signed it voluntarily for its stated purpose." a Notary Public, My commission.exp' Ofrui : • t<g J R Abutter to Abutter ( ) Building Dept. ( ) Conservation ( ) Zoning ( ) REQUIREMENT. MGL 40A, Section 11 states in part "Parties in Interest as used in this chapter shall mean the petitioner, abutters, owners of land directly oppositeon any public or private way, and abutters to abutters within three hundred (300) feet of the property line of the petitioner as they appear on the most recent applicable tax list, not withstanding that the land of any such owner is located in another city or town, the planning board of the city or town, and the planning board of every abutting city or town." Subject Property. MAP PARCEL Name Address 28 22 Landers Nominee Trust 40 Court Street, North Andover, MA 01845 Abutters Properties Map Parcel Name Address 28 6&5 Rosario Finocchiaro Riverview Street, North Andover, MA 01845 28 7 Sutton Street Realty Trust X149 Main Street #E2 North Andover, MA 01845 28 19 Town of North Andover IA20 Main Street, North Andover, MA 01845 28 23 In -Laws Realty Trust t.P00 Sutton Street, North Andover, MA 01845 28 4&3 Greater Lawrence SanitaryXharies Street, North Andover, MA 01845 28 2 Raymond Finocchiaro LM Riverview Street, North Andover, MA 01845 28 1 LBM Realty Trust Sutton Street, North Andover, MA 01845 28 1.A Charles Matsesll 0 Sutton Street, North Andover, MA 01845 17 2&3 Louis Kmiec ytTNJ*1u 101 Tumpike Street, North Andover, MA 01845 Q, 17 1 Michael Clark 1rC 5 LOA4016 Ferry Street, North Andover, MA 0184 a- 197 17 4,21 & 22 Russell Hertrich L--9'1 Hampstead Street, Methuen, MA 01844 17 5 John Lu r C'Vvlftb45 Main Street, Tewksbury MA 01876-1847 w "a D7 17 6 Jason Horyn wag Ashland Street, North Andover, MA 01845 17 7 James Wilen �e ��8 Ashland Street, North Andover, MA 01845 72 11 Elaine Brasseur ,j31 Riverview Street, North Andover, MA 01845 This certifies that the names appearing on the records of the Assessors Office as of -1-g Certified by Date /2 52' WINDOW (TYP.) GARAGE 38' FLOOR RAMP RAMP PLAN VIEW NOTES: 1. FINISH FLOOR ABOVE FLOOD PLAIN ELEVATION OF 33.00. 2. STRUCTURAL ENGINEER SHALL DESIGN PILINGS AND FLOOR SYSTEM. PROPOSED GARAGE FLOOR PLAN 0 NORTH MAIN ST., NORTH ANDOVER, MA ASSESSORS MAP 28, LOT 22 GRAPHIC SCALE (IN FEET) PREPARED FOR DOWNER BROTHERS LANDSCAPING NORTH ANDOVER, MA 01845 20' 0 20' 40' SCALE: 1" = 20' FEBRUARY 23, 2007 60NEW ENGLAND ENGINEERING SERVICES, INC. 1600 OSGOOD STREET BUILDING SUITE 4 01 ER, MA 01845 NORTH ANDOVER, (978) 686-1768 1 INCH = 20 FEET DRAWN BY: SHEET#: CHECKED BY: T.K.H. 1 of 1 B.C.O. Jr. FILE #: DESIGN BY: 1150-Floor Plan 2-23-07 B.C.O. Jr. 52' 12 4 12' 22.3 12' 16' 10' 10' RAMP T- U/ RAMP 12" x 12" CONCRETE COLUMN (TYP.) FRONT RIGHT WOOD FRAME WITH WOOD CLAPBOARDS 12 0-104 28' El 0 EJ E3 E3 38' REAR LEFT NOTES: 1. FINISH FLOOR ABOVE FLOOD PLAIN ELEVATION OF 33.00. 2. STRUCTURAL ENGINEER SHALL DESIGN PILINGS AND FLOOR SYSTEM. PROPOSED BUILDING ELEVATIONS 0 NORTH MAIN ST., NORTH ANDOVER, MA ASSESSORS MAP 28, LOT 22 GRAPHIC SCALE PREPARED FOR DOJVNER BROTHERS LANDSCAPING NORTH ANDOVER, MA 01845 (IN FEET) SCALE: 1" = 20' FEBRUARY 14, 2007 20' 0 20' 40' 60' NEW ENGLAND ENGINEERING SERVICES, INC. 1600 OSGOOD STREET BUILDINGSUITE 4 NORTH ANDOVER, 01 ER, MA 01845 (978) 686-9768 1 INCH = 20 FEET DRAWN BY: SHEET#: CHECKED BY: T.K.H.1 0f 1 S,C.O. Jr. FILE #: DESIGN BY: 1150 -MA Plan 2-14-07 B.C.O. Jr. PAGE 4 of 4 VARIANCE 9. WRITTEN DOCUMENTATION Engineer, Registered Architect, and/or a Registered Application for a Finding must be supported by a legibly Landscape Architect may be required for Major Projects. written or typed memorandum setting forth in detail all facts relied upon. All dimensional requirements shall be *10. C. *Required Features On Plan: clearly identified and factually supported when requesting [) Site Orientation shall include:_ \ 3 88.37 - �NNNpcPa' N rn GRAPHIC SCALE ( IN FEET ) I inch = 30 ft. GREATER LAWRENCE BOARD OF APPEALS PLAN SANITARY DISTRICT 0 NORTH MAIN STREET PERMANENT EASEMENT FOR NORTH ANDOVER, MASSACHUSETTS SEWEREA=2,46S.F.INTERCEPTOR ASSESSORS MAP 28 PARCEL 22 AREA=2,426 S.F. PREPARED FOR ABBIE KAYLA, LLC. NORTH ANDOVER, MASSACHUSETTS an SCALE: 1"=30' FEBRUARY 14, 2007 REVISED NEW ENGLAND ENGINEERING SERVICES, INC. 1600 OSGOOD STREET, BUILDING 20 SUITE 2-64, NORTH ANDOVER, MA 01845 ( 978) 686-1768 DRAWN BY: SHEET #: CHECKED BY: D.A. i of 1 D. A. & B. C. 0. JR. FILE #: DESIGN BY: 1150 ZBA Plan 2-14-07 D.A. O N L L o a x w so - 4c rx w N N d V L a 00 w N CL m w ♦J W L O Z 2E � W � � O 1w d `o Z co u N 13Q C C C C m m m m CI r N M T �. � w w���� I I I m 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 Cl p p 8 G r r r r r r r r r r r r r r r 8 r r r V N N N N N N N N N N N N N N N N N N ca 0 N c cc c Z U-