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HomeMy WebLinkAboutMiscellaneous - 195 BRIDLE PATH µORTil Ott�to 0. �E.CEIVED i� , ,` � a 2010 JAN 14 AM 3: 29 SRCHt7�� PLANNING DEPARTMENT , Community Development Division N 0 R T f 1 HJD0'l�a Special Permit--Watershed Permit Application Please type or print clearly. ` 1. Petitioner: ©b,na.fi E K c-o Lt'-v Petitioner's Address: t 5 9 it.-Al a P.0-1m, NVA11. A w o"A YM V4 0 Telephone number. 2 7k-6R3- jb If)} o k C 17-`170 - 3 2-Zo 2.Owners of the Land: kte ol.a e Address: t 't15.e e ct to LP,41U NaA 11t Awd die4 W*0IS-45 Number of years of ownership: 3.2 4#-,4 as 3.Year lot was created: tA L d, �6. Lod--— t 2t fZ 0's 4. Is the lot currently on septic or sewer? If on sewer,please provide date the sewer connection was completed: 200(** 5. Description of Proposed Project: e us a. of= to tt+m v i A- c'tiw1V-f # t o 0 -;k- 4 � r #te 161 qu Le c 6.Description of Premises: '+V a6P F*—A w t 1'k 6=4Es K 7.Address of Property Bening Affected: 1 R Zoning District: R1(4k"'41!!C L C-0 Q-) Assessors Map: 'Ito 104•C DOU Lot#: fq 8. Existing Lot: Lot Area(Sq.Ft): Sqe t Building Height: 3 Street Frontage: 3q�F,sy a`--73.32 Side Setbacks: 1- 61 _2 .oma ( eck Front Setback: 2 It Rear '7'V` Floor Area Ratio. 4o'14 Lot age: V 9.Proposed Lot(if applicable); Lot Area(Sq.Ft): �"q, 960 Building Height: 31+` Street Frontage: '31 S. s14 t-71, ; Side Setbacks: G e.50 '' � Page 1 of 2 1600 Osgood Street,North Andover,Bldg.20,Suite 2-36 Planning Dept.,Massachusetts 01845 Phone 978.688.9535 Fox 978.688.9542 Web www.townofnorthandover.com Edited 8/l/07 Coe e Lo+ t. k Lvew to Front Setback: $ Rear Setback: Floor Area Ratio: ,VN►4 Lot Coverage: N/A 10. Required Lot(as required by Zoning Bylaw): Lot Area(Sq.Ft):_ E 7, %-Ao Building Height: 3 5 Street Frontage: 1,75 - Side Setbacks: 3 O' Front Setback: 30, Rear Setback: 30 ' Floor Area Ratio: A114 Lot Coverage: 4,//A 11. Existing Building(if applicable): Ground Floor(Sq. Ft.): 2A';2-So #of Floors: Total Sq. Ft.:-k.2q,),3a'+ 5D4' k Height:_ 3,2' Use: s� 4{Lem` IA-- Type of Construction: 12. Proposed Building: Ground Floor(Sq. FL): :31414-2-50 #of Floors: 3 Total Sq. Ft9j!''?- '7b g '�u Height: 32' Use: ,'►r, 14-OW4 Type of Construction:_ U1„oot 13. Has there been a previous application for a Special Permit from the Planning Board on these premises? Ivo If so,when and for what type of construction? 4//4 14. Section of Zoning Bylaw that Special Permit Is Being Requested_ Af. /3 la 15.Petitioner and Landowner signature(s): Every application for a Special Permit shall be made on this form, which is the official form of the Planning Board. Every application shall be filed with the Town Clerk's office. It shall be the responsibility of the petitioner to fumish all supporting documentation with this application. The dated copy of this application received by the Town Clerk or Planning Office does not absolve the applicant from this responsibility. The petitioner shall be responsible for all expenses for filing and legal notification. Failure to comply with application requirements, as cited herein and in the Planning BoaKI-Rules_and Regulations may result in a dismissal by the Planning Board of this application as incomplete. 0 Petitioner's Signature: w Print or type name here: v: Owner's Signature: , Print or type name here: a is co tU w 16. Please list title of plans and documents you will be attaching to this application. C1 J,�Q -A-kA/ a r- t<,VciD %q CSF Lwwo 1 4tM,--c iW eA�^�� +�V l Ltw 2 eX 4 A , wt Fjy dG - Page 2of2 1600 Osgood Street,North Andover,Bidg.20,Suite 2-36 Planning Dept.,Massachusetts 01845 Phone 918.688.9535 Fax 918.688.9542 Web www.townofnorthandover.com Edited 811/01 � �10RT�y sir 4..• 6 °L Town of North Andover F n= p Office of the Planning Department revh,�'"�«* Community Development and Services Divis' MAR PM r� 3 �SSACH jS � 1600 Osgood Street North Andover,Massachusetts 01845 ' NORTH AIG ,' NOTICE OF DECISION-DRAFT MAa.,ACHU Bldg. ZBA Any appeal shall be filed Con/Com Health within (20) days after the Fire Chief Police Chief date of filing this notice in Town C1er DPW/Engineers Towns Planning the office of the Town Clerk Date: March 2,2010 Date of Hearings: February 16, 2010 and March 2,2010 Date of Decision: March 2,2010 Petition of: Robert Ercolini,195 Bridle Path.North Andover,Massachusetts, 01845 Premises Affected: 195 Bridle Path,North Andover,Massachusetts,01845, Assessor's Map 104C, Parcel 14 and located in the Residential 1 Zoning District. Referring to the above petition for a Watershed Special Permit from the requirements of the North Andover Zoning Bylaw, Section 4.136. So as to allow the construction of 2,083 sq. ft. of expansion,including a 2 story addition,a new deck and new brick patio, and new stormwater management systems within the Non-Disturbance Zone of the Watershed Protection Districtand related grading and landscape work within 100 feet of a wetland resource area, within the Non-Disturbance of the Watershed Protection District. After a public hearing given on the above date, the Planning Board voted to APPROVE a Watershed Special Permit for the Watershed Protection District,based upon the following conditions: a harming Board Richard Rowen Timothy Seibert Michael Walsh Michael Colantoni cc: Town Departments Applicant Engineer Abutters 195 Bridle Path Map 104C,Parcel 14 Watershed Special Permit—Construct Addition to Single-Family Residence March 2,2010 Assessor The public hearing on the above referenced application was opened on February 16, 2010 closed by the North Andover Planning Board on March 2, 2010. On March 2, 2010, upon a motion made by Michael Walsh and seconded by Richard Rowen the Planning Board voted 4 — 0 (Courtney LaVolpicelo absent and John Simons abstaining) to GRANT a Watershed Special Permit to construct a 2,083 sq. ft. of expansion, including a 2 story addition, a new deck and new brick patio, and new stormwater management systems, and related grading and landscape work within the Non-Disturbance of the Watershed Protection District under the;ft"irements of Section 4.136.c.ii.6 & 10.3 of the North Andover Zoning Bylaw. This Special Permit;was requested by Robert Ercolini 195 Bridle Path, North Andover, MA 01845 on January 19, 2014 The applicant submitted a complete application, which was noticed and reviewed in accordatt<se.with Section 10.52 of the Town of North Andover Zoning Bylaw and MGL Chapter 40A, Section 9. The motion--to approve/deny was subject to the FINDINGS OF FACTS and SPECLkL CONDITITONS set forth in AppeiWix A to this decision. The Planning Board vote was unanimous. A special permit issued by the l.'T ial permit granting authority requires a vote of at least four members of a five member-board. v The applicant is hereby notified that shdWd.41e applicant disagree this decision, the applicant has the right, under.MGL Chapter 40A, Section 17,to peal to this decision within twenty days after the date this decision has been filed with the Town Clerk.`-' In accordance with 4.136 the,Pfla ing Board m"wes the finding#hat the it ettt of the.Bylaw, as well as its specific criteria are met: This dectston specifically stated by tie Planning Board makes the following FINDINGS OF FACT: 1) That as a result of the proposed construction in conjunction with other uses nearby,there will not be any significant�degraiiaon of the or-quantity of water in or entering Lake Cochichewick. The Planning 3oard'bases his fmdfn on the following facts: a) Tlieeproject is located within an eltremely environmental sensitive area and in close proximity to a wet=land resource area khat drains to Lake Cochichewick. The final design reflects extensive discusst®tis­between the 4 Town and applicant to ensure the continued protection:: of Lake Cochichewtekand the safety and welfare of the residents of North Andover. b) The constructron 1aas been reviewed by Town Staff who have concluded that there will not be significant degrada5*44the quality or quantity of water in or entering Lake Cochichewick.The site drainage system and smarm water management design are designed in accordance with the Town Bylaw requirements. Further, adequate safeguards have been provided to mitigate pollutants from entering Lake Cochichewick through the installation/implementation of the following Best Management Practices relative to an addition to a single-family dwelling: i) Roof runoff is routed to infiltration areas. The new structure calls for recharging 617 s.f. of new roof area. The new structure will have gutters and roof drains that will direct runoff two underground cisterns that have been located at a distance away from the dwelling unit so as to not overflow into the residence. ii) The new addition and the new patio area have caused an increase in impervious area. However, due to the roof infiltration and the infiltration of the patio based on the proposed 2 . R 195 Bridle Path Map 104C,Parcel 14 Watershed Special Permit—Construct Addition to Single-Family Residence March 2,2010 c) The"Project" or"195 Bridle Path"refers to a 2,083 sq. ft. expansion, including a 2 story addition, a new deck and new brick patio,and new stormwater management systems,and related grading and landscape work within the Non-Disturbance of the Watershed Protection District d) The"Applicant"refers to Robert Ercolini,the applicant for the Special Permit. e) The"Project Owner"refers to the person or entity holding the fee interest to the title to the Locus from time to time,which can include but is not limited to the applicant, developer,and owner. 2) The Town Planner shall approve any changes made to these plans. Any changes deemed substantial by the Town Planner would require a public hearing and mo_ ation by the Planning Board. 3) Fertilizers are limited to those which are either organic car slow-release nitrogen and phosphorous-free. This restriction will be noted on the deed. 4) Prior to issuance of a building permit: a) A performance guarantee bond of four thousand:dollars ($4,000.00)made of- to the Town of North Andover must be posted to insure that the construeion,erosion>control,measures,and performance of any other condition contained herein will takeplace in accordance with.the plans and the conditions of this decision and to ensure that the as-built dans will be submitted. b) All erosion control measures as shown on-the.plan must'be in place and reviewed by the Town Planner and Conservation Department.; , c} Fertilizers are lirnited to those which are-either•organic ear.slow-release nitrogen and phosphorous- free. The applicant shaft incorporate this condition as a deed restriction and a copy of the recorded deed shall be submitted to the Town Planner and included in the file. 4) Prior to release.of the Performance Bond. a) The applicant Miall submit_-an as-built plata stamped by a Registered Professional Engineer in Massachusetts that sfiows gill .construction,`including storm water mitigation trenches and other pertinent site features. This as-built plan shall be submitted to the Town Planner for approval. The applicant must submit a certification fixim the design engineer that the site was constructed as shown on the approved plan. b) The Planning Board must by:a majority vote make a finding that the site is in conformance with the approved plan.' 5) No open burning shall be done except as is permitted during burning season under the Fire Department regulations. 6) The Contractor shall contact Dig Safe at least 72 hourspriorto commencing excavation. 7) The provisions of this conditional approval shall apply to and be binding upon the applicant, it's employees and all successors and assigns in interest or control. 8) This Special Permit approval shall be deemed to have lapsed March 2,2012 (two years from the date of issuance) exclusive of the time required to pursue or await determination of any appeals, unless 4 195 Bridle Path Map 104C,Parcel 14 Watershed Special Permit—Construct Addition to Single-Family Residence March 2,2010 design and the removal of part of the existing brick walkway, there will be a reduction in runoff from the site. iii) Fertilizers are limited to those which are either organic or slow-release nitrogen and phosphorous-free. c) The existing structure is connected to the Town sewer and water systems. d) The topography of the site will not be altered substantially. Overland flow will help reduce nutrient loading into the adjacent wetlands,since the lot is sloped to drain towards the driveways. e) Erosion control, including siltation fencing and hale bales, will be installed prior to construction and will remain in place throughout construction. The location of-these controls is noted on the plan. fl The new patio will be constructed with either briek;or stone pavers,with a sub-base consisting of 4" of coarse compacted sand,filter fabric and 12";ofcrushed stone,to allow for maximum infiltration. 2) There is no reasonable alternative location outside the General, Non-Disturbance, and the Discharge Zones for any discharge,structure or activity. 3) In accordance with Section 10.31 of the North Andover Zoning I, Bylaw, the Planning Board makes thefollowin FIND INGS OF FACT: - 1) The specific site is an appropriate location for the proposed use as all feasible storm water and erosion controls have been placed on the site; 2) The use will not adversely affect the neighborhood as the lot is located in a Residential 1 Zoning District; 3) There will be no nuisance or serious--hazard to vehicles or pedestrians; 4) Adequate and appropriate facilities are provided for the proper operation of the proposed use; 5) The existing lot does not conform to the minimum lot area requirements for a lot within the Residential 1 Zoning District as shown in 'fable 2 of the North Andover Zoning By-laws and is grandfathered as a lot that existed prior to the change ut:lot size for this Zoning District.. I 6) The Planning Board also makes a specific finding that the use is in harmony with the general purpose and intent of the North Andover Zoning Bylaw. Upon reaching the above findings,the Planning Board approves this Special Permit based upon the following SPECIAL CONDITIONS: 1)Permit Definitions: a) The"Locus"refers to the 1.37 acre parcel of land with frontage on Bridle Path as shown on Assessors Map 104C, Parcel 14, and also known as 195 Bridle Path,North Andover, Massachusetts. b) The"Plans"refer to the plans prepared by Merrimack Engineering Services, dated February 16, 2005 and revised to X,2010, entitled"Site Development Plan of Land, located in North Andover, North Andover,MA.prepared for Robert Ercolini". 3' w 195 Bridle Path Map 1040,Parcel 14 Watershed Special Permit—Construct Addition to Single-Family Residence March 2,2010 substantial use or construction has commenced within said two-year period. Substantial use or construction will be determined by a majority vote of the Planning Board. 9) This decision must be filed with the North Essex Registry of Deeds. The following information is included as part of this decision: a) Plan titled: Site Development Plan of Land 195 Bridle Path,North Andover,Mass. Prepared for: Robert Ercolini 195 Bridle Path North Andover,MA 01845 Prepared by: Merrimack Engineering Services 66 Park Street Andover MA 01810 Scale: I"=20' Date: February 16,2005 and revised January 30. 2010,X. Sheets: I cc: Director of Public Works Building Inspector Town Manager Conservation Administrator Drainage Consultant Planning Board Police Chief - Fire Chief Applicant Engineer File i ji I r.� > Zr ' f 5 Massachusetts Department of Environmental Protection Bureau of Resource Protection -Wetlands DEP File Number: WPA Form 8B — Certificate of Compliance 1 242-1303 Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 provided by DEP A. Project Information Important: When filling out 1. This Certificate of Compliance is issued to: forms on the computer,use Robert Ercolini only the tab key Name to move your 195 Bridle Path cursor-do not Mailing Address use the return key. North Andover MA 1845 City/Town State Zip Code 2. This Certificate of Compliance is issued for work regulated by a final Order of Conditions issued to: Robert Ercolini Name May 13, 2005 242-1303 Dated DEP File Number 3. The project site is located at: 195 Bridle Path North Andover Street Address Cityrrown Map 104C Parcel 85 Assessors Map/Plat Number Parcel/Lot Number the final Order of Condition was recorded at the Registry of Deeds for: Property Owner(if different) Essex North County Book Page Certificate 4. A site inspection was made in the presence of the applicant, or the applicant's agent, on: 2/8/10 Date wpafrm8b.doc-rev.12/23/09 WPA Form 8B,Certificate of Compliance-Page 1 of 3 Massachusetts Department of Environmental Protection Bureau of Resource Protection -Wetlands DEP File Number: WPA Form 8B — Certificate of Compliance 242-1303 Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 Provided by DEP B. Certification Check all that apply: ® Complete Certification: It is hereby certified that the work regulated by the above-referenced Order of Conditions has been satisfactorily completed. ❑ Partial Certification: It is hereby certified that only the following portions of work regulated by the above-referenced Order of Conditions have been satisfactorily completed.The project areas or work subject to this partial certification that have been completed and are released from this Order are: ❑ Invalid Order of Conditions: It is hereby certified that the work regulated by the above-referenced Order of Conditions never commenced. The Order of Conditions has lapsed and is therefore no longer valid. No future work subject to regulation under the Wetlands Protection Act may commence without filing a new Notice of Intent and receiving a new Order of Conditions. Ongoing Conditions: The following conditions of the Order shall continue: (Include any conditions contained in the Final Order, such as maintenance or monitoring, that should continue for a longer period). Condition Numbers: C. Authorization Issued by: North Andover Conservation Commission Date of Issuance This Certificate must be signed by a majority of the Conservation Commission and a copy sent to the applicant and appropriate DEP Regional Office (See http://www.mass-gov/dep/about/region/findvour.htm). i Signa ures: wpafrm8b.doc-rev.12/23/09 WPA Form 813,Certificate of Compliance-Page 2 of 3 Massachusetts Department of Environmental Protection Bureau of Resource Protection -Wetlands DEP File Number. WPA Form 8B — Certificate of Compliance Massachusetts Wetlands Protection Act M.G.L. c. 131, 40 242-1303 Provided by DEP D. Recording Confirmation The applicant is responsible for ensuring that this Certificate of Compliance is recorded in the Registry of Deeds or the Land Court for the district in which the land is located. Detach on dotted line and submit to the Conservation Commission. To: -------------------- - --------------------------------------------------------------------------- North Andover Conservation Commission Please be advised that the Certificate of Compliance for the project at: 195 Bridle Path 242-1303 Project Location DEP File Number Has been recorded at the Registry of Deeds of: Essex North County for: Property Owner and has been noted in the chain of title of the affected property on: Date Book Page If recorded land, the instrument number which identifies this transaction is: If registered land, the document number which identifies this transaction is: Document Number Signature of Applicant wpafrm8b.doc•rev.12/23/09 WPA Form 8B,Certificate of Compliance•Page 3 of 3 LlMassachusetts Department of Environmental Protection Provided by MassDEP: Bureau of Resource Protection -Wetlands 242-1470 WPA Form 5 - Order of Conditions MassDEPFile# Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 eDEP Transaction# North Andover City/Town A. General Information Important: North Andover When filling 1. From: Conservation Commission out forms co he puter, 2. This(check one)issuance Is for a.®Order of Conditions b.El Amended Order of Conditions use only the tab key to 3.To: Applicant: move your cursor-do Robert Ercolini not use the a.First Name b.Last Name return key. c.Organization 195 Bridle Path d.Mailing Address North Andover MA 01845 e.City/Town f.State g.Zip Code 4. Property Owner(if different from applicant): Kathleen Ercolini a.First Name b.Last Name c.Organization 195 Bridle Path d.Mailing Address North Andover MA 01845 e.City/Town f.State g.Zip Code 5. Project Location: 195 Bridle Path North Andover a.Street Address b.Cityrrown Map 104C Parcel 85 c.Assessors Map/Plat Number d.Parcel/Lot Number Latitude and Longitude, if known: 42d41'm30"s 71d04'm52"s d.Latitude e.Longitude wpaform5.doc• rev.12/23/09 Page 1 of 12 Massachusetts Department of Environmental Protection Provided by MassDEP: Ll Bureau of Resource Protection - Wetlands 242-1470 WPA Form 5 Order of Conditions MassDEP File# Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 eDEP Transaction# North Andover City/Town A. General Information (cont.) 6. Property recorded at the Registry of Deeds for(attach additional information if more than one parcel): Essex North a.County b.Certificate Number(if registered land) 3422 12 c.Book d.Page 12/30/09 2/17/10 2/19/10 7. Dates: a. Date Notice of Intent Filed b. Date Public Hearing Closed c. Date of Issuance s. Final Approved Plans and Other Documents (attach additional plan or document references as needed): Site Development Plan of Land a. Plan Title Merrimack Engineering Services, Inc. Vladimur L. Nemchenok, P. E., Stephen E. b. Prepared By Stapinski, R. P. L. S. January 30, 2010 V =20' d. Final Revision Date e.Scale f.Additional Plan or Document Title g.Date B. f=indings 1. 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(the Act). Check all that apply: a. ® Public Water Supply b. ❑ Land Containing Shellfish c. ®Prevention of Pollution d. ® Private Water Supply e. ❑ f. ® Protection of Fisheries Wildlife 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: a. ® 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. wpaform5.doc• rev.12/23/09 Page 2 of 12 t Massachusetts Department of Environmental Protection Provided by MassDEP: Bureau of Resource Protection - Wetlands 242-1470 WPA Form 5 — Order of Conditions MassDEP File# Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 eDEP Transaction# LLI North Andover City/Town B. Findings (cont.) Denied because: b. ❑ 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 the interests of the Act, 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. c. ❑ 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) 5 3. ® Buffer Zone Impacts: Shortest distance between limit of project 55linearfeet disturbance and Bank or Bordering Vegetated Wetland boundary (if a. available) Resource Area Proposed Permitted Proposed Permitted Alteration Alteration Replacement Replacement 4. ❑ Bank a. linear feet b.linear feet c.linear feet d.linear feet 5. ❑ Bordering Vegetated Wetland a.square feet b.square feet c.square feet d.square feet 6. ❑ Land Under Waterbodies and a.square feet b.square feet c.square feet d.square feet Waterways e.c/y dredged f.c/y dredged 7. ❑ Bordering Land Subject to Flooding a.square feet b.square feet c.square feet d.square feet Cubic Feet Flood Storage e.cubic feet f.cubic feet g.cubic feet h.cubic feet s. ❑ Isolated Land Subject to Flooding a.square feet b.square feet Cubic Feet Flood Storage c.cubic feet d.cubic feet e.cubic feet f.cubic feet wpaform5.doc• rev.12/23/09 Page 3 of 12 LlMassachusetts Department of Environmental Protection Provided by MassDEP: Bureau of Resource Protection -Wetlands 242-1470 WPA Form 5 - Order of Conditions MassDEP File# Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 eDEP Transaction# North Andover CitylTown B. Findings (cont.) Resource Area Proposed Permitted Proposed Permitted Alteration Alteration Replacement Replacement 9. ❑ Rlverfront Area a.total sq.feet b.total sq.feet Sq ft within 100 ft c.square feet d.square feet e.square feet f.square feet Sq ft between 100- 200 ft g.square feet h.square feet i.square feet j.square feet Coastal Resource Area Impacts: Check all that apply below. (For Approvals Only) 1o. ❑ Designated Port Indicate size under Land Under the Ocean, below Areas 11. ❑ Land Under the Ocean a.square feet b.square feet c.cty dredged d.Gy dredged 12. ❑ Barrier Beaches Indicate size under Coastal Beaches and/or Coastal Dunes below 13. ❑ Coastal Beaches cu yd cu yd a.square feet b.square feet c.nourishment d.nourishment 14. ❑ Coastal Dunes cu yd cu yd a.square feet b.square feet c.nourishment d.nourishment 15. ❑ Coastal Banks a.linear feet b.linear feet 16. ❑ Rocky Intertidal Shores a.square feet b.square feet 17. ❑ Salt Marshes a.square feet b.square feet c.square feet d.square feet 18. ❑ Land Under Salt Ponds a.square feet b.square feet a Gy dredged d..c/y dredged 19. ❑ Land Containing Shellfish a.square feet b.square feet c.square feet d.square feet 20. ❑ Fish Runs Indicate size under Coastal Banks, Inland Bank, Land Under the Ocean, and/or inland Land Under Waterbodies and Waterways, above a.cty dredged b.c/y dredged 21. ❑ Land Subject to Coastal Storm a.square feet b.square feet Flowage wpaform5.doc• rev.12/23/09 Page 4 of 12 Massachusetts Department of Environmental Protection Provided by MassDEP: Bureau of Resource Protection Wetlands 242-1470 WPA Form 5 - Order of Conditions MassDEP File# Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 eDEP Transaction# North Andover CitylTown B. Findings (cont.) 22. ❑ Restoration/Enhancement: a.square feet of BVW b.square feet of salt marsh 23. ❑ Stream Crossing(s): a.number of new stream crossings b.number of replacement stream crossings C. General Conditions Under Massachusetts Wetlands Protection Act The following conditions are only applicable to Approved projects. 1. Failure to comply with all conditions stated herein, and with all related 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. If this Order constitutes an Amended Order of Conditions, this Amended Order of Conditions does not extend the issuance date of the original Final Order of Conditions and the Order will expire on unless extended in writing by the Department. 7. 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. 8. 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. wpaform5.doc- rev.12/23/09 Page LlMassachusetts Department of Environmental Protection Provided by MassDEP: Bureau of Resource Protection -Wetlands 242-1470 WPA Form 5 - Order of Conditions MassDEP File# Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 eDEP Transaction# North Andover City/Town C. General Conditions Under Massachusetts Wetlands Protection Act (cont.) 9. 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 the 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. 10. 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, "MassDEP"] "File Number 242-1470 11. 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 MassDEP. 12. Upon completion of the work described herein, the applicant shall submit a Request for Certificate of Compliance(WPA Form 8A)to the Conservation Commission. 13. The work shall conform to the plans and special conditions referenced in this order. 14. 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. 15. 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. 16. 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. 17. 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. wpaform5.doc• rev.12/23/09 Page 6 of 12 Massachusetts Department of Environmental Protection Provided by MassDEP: Bureau of Resource Protection- Wetlands 242-1470 WPA Form 5 Order of Conditions MassDEP File# Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 eDEP Transaction# North Andover City/Town C. General Conditions Under Massachusetts Wetlands Protection Act(cont.) 18. 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. NOTICE OF STORMWATER CONTROL AND MAINTENANCE REQUIREMENTS 19. The work associated with this Order(the"Project") is(1)❑ is not(2)[] subject to the Massachusetts Stormwater Standards. If the work is subject to the Stormwater Standards,then the project is subject to the following conditions: a) All work, including site preparation, land disturbance, construction and redevelopment, shall be implemented in accordance with the construction period pollution prevention and erosion and sedimentation control plan and, if applicable, the Stormwater Pollution Prevention Plan required by the National Pollution Discharge Elimination System Construction General Permit as required by Stormwater Condition 8. Construction period erosion, sedimentation and pollution control measures and best management practices (BMPs) shall remain in place until the site is fully stabilized. b) No stormwater runoff may be discharged to the post-construction stormwater BMPs unless and until a Registered Professional Engineer provides a Certification that: i. all construction period BMPs have been removed or will be removed by a date certain specified in the Certification. For any construction period BMPs intended to be converted to post construction operation for stormwater attenuation, recharge, and/or treatment, the conversion is allowed by the MassDEP Stormwater Handbook BMP specifications and that the BMP has been properly cleaned or prepared for post construction operation, including removal of all construction period sediment trapped in inlet and outlet control structures; ii. as-built final construction BMP plans are included, signed and stamped by a Registered Professional Engineer, certifying the site is fully stabilized; iii. any illicit discharges to the stormwater management system have been removed, as per the requirements of Stormwater Standard 10; iv. all post-construction stormwater BMPs are installed in accordance with the plans (including all planting plans)approved by the issuing authority, and have been inspected to ensure that they are not damaged and that they are in proper working condition; v. any vegetation associated with post-construction BMPs is suitably established to withstand erosion. wpaform5.doc• rev.12/23/09 Page 7 of 12 LlMassachusetts Department of Environmental Protection Provided by MassDEP: Bureau of Resource Protection -Wetlands 242-1470 WPA Form 5 - Order of Conditions MassDEP File# Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 eDEP Transaction# North Andover City/Town C. General Conditions Under Massachusetts Wetlands Protection Act(cont.) c) The landowner is responsible for BMP maintenance until the issuing authority is notified that another party has legally assumed responsibility for BMP maintenance. Prior to requesting a Certificate of Compliance, or Partial Certificate of Compliance, the responsible party(defined in General Condition 18(e)) shall execute and submit to the issuing authority an Operation and Maintenance Compliance Statement("O&M Statement) for the Stormwater BMPs identifying the party responsible for implementing the stormwater BMP Operation and Maintenance Plan ("O&M Plan")and certifying the following: i.)the 0&M Plan is complete and will be implemented upon receipt of the Certificate of Compliance, and ii)the future responsible parties shall be notified in writing of their ongoing legal responsibility to operate and maintain the stormwater management BMPs and implement the Stormwater Pollution Prevention Plan. d) Post-construction pollution prevention and source control shalt be implemented in accordance with the long-term pollution prevention plan section of the approved Stormwater Report and, if applicable, the Stormwater Pollution Prevention Plan required by the National Pollution Discharge Elimination System Multi-Sector General Permit. e) Unless and until another party accepts responsibility, the landowner, or owner of any drainage easement, assumes responsibility for maintaining each BMP. To overcome this presumption, the landowner of the property must submit to the issuing authority a legally binding agreement of record, acceptable to the issuing authority, evidencing that another entity has accepted responsibility for maintaining the BMP, and that the proposed responsible party shall be treated as a permittee for purposes of implementing the requirements of Conditions 18(o through 18(k)with respect to that BMP. Any failure of the proposed responsible party to implement the requirements of Conditions 18(f)through 18(k)with respect to that BMP shall be a violation of the Order of Conditions or Certificate of Compliance. In the case of stormwater BMPs that are serving more than one lot, the legally binding agreement shall also identify the lots that will be serviced by the stormwater BMPs. A plan and easement deed that grants the responsible party access to perform the required operation and maintenance must be submitted along with the legally binding agreement. f) The responsible party shall operate and maintain all stormwater BMPs in accordance with the design plans, the O&M Plan, and the requirements of the Massachusetts Stormwater Handbook. wpeform5.doc- rev.12123/09 Page 8 of 12 Massachusetts Department of Environmental Protection Provided by MassDEP: Bureau of Resource Protection -Wetlands 242-1470 WPA Form 5 - Ll Order of Conditions MassDEP File# Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 eDEP Transaction# North Andover City/Town C. General Conditions Under Massachusetts Wetlands Protection Act (cont.) g) The responsible party shall: 1. Maintain an operation and maintenance log for the last three(3)consecutive calendar years of inspections, repairs, maintenance and/or replacement of the stormwater management system or any part thereof, and disposal (for disposal the log shall indicate the type of material and the disposal location); 2. Make the maintenance log available to MassDEP and the Conservation Commission ("Commission") upon request; and 3. Allow members and agents of the MassDEP and the Commission to enter and inspect the site to evaluate and ensure that the responsible party is in compliance with the requirements for each BMP established in the O&M Plan approved by the issuing authority. h) All sediment or other contaminants removed from stormwater BMPs shall be disposed of in accordance with all applicable federal,state, and local laws and regulations. i) Illicit discharges to the stormwater management system as defined in 310 CMR 10.04 are prohibited. j) The stormwater management system approved in the Order of Conditions shall not be changed without the prior written approval of the issuing authority. k) Areas designated as qualifying pervious areas for the purpose of the Low Impact Site Design Credit(as defined in the MassDEP Stormwater Handbook, Volume 3, Chapter 1, Low Impact Development Site Design Credits)shall not be altered without the prior written approval of the issuing authority. 1) Access for maintenance, repair, and/or replacement of BMPs shall not be withheld. Any fencing constructed around stormwater BMPs shall include access gates and shall be at least six inches above grade to allow for wildlife passage. Special Conditions(if you need more space for additional conditions, please attach a text document): wpaform5.doc- rev.12/23/09 Page 9 of 12 LlMassachusetts Department of Environmental Protection Provided by MassDEP: Bureau of Resource Protection = Wetlands 242-1470 WPA Form 5 - Order of Conditions MassDEPFile# Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 eDEP Transaction# North Andover City/Town 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 a. ❑ that the proposed work cannot be conditioned to meet the standards set forth in a municipal ordinance or bylaw, specifically: 1.Municipal Ordinance or Bylaw 2.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. b. ® that the following additional conditions are necessary to comply with a municipal ordinance or bylaw: North Andover Wetlands Protection B law Chapter 178 1.Municipal Ordinance or Bylaw 2.Citation 3. 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 The special conditions relating to municipal ordinance or bylaw are as follows(if you need more space for additional conditions, attach a text document): See Attached wpaform5.doc• rev.12/23/09 Page 10 of 12 DEP FILE #242 - 1470 Therefore, the North Andover Conservation Commission (hereafter the "NACC") hereby finds that the following conditions are necessary, in accordance with the Performance Standards set forth in the State Regulations, the local ByLaw and Regulations, to protect those interests noted above. The NACC orders that all work shall be performed in accordance with said conditions and with the Notice of Intent referenced below. Tothe extent that the following conditions modify or differ from the pians, specifications or other proposals submitted with the Notice of Intent, the conditions shall control GENERAL CONDITIONS 19. The proposed work includes:a one-story addition (approx. 25' x 25') with full basement, attached deck (approx. 29' x 20'), stairs, patio, chimney, and roof drains with appurtenant site work and grading within 100 feet of a bordering vegetated wetland. 20. The work shall conform to the following: Applicant: Robert Ercolini 195 Bridle Path North Andover, MA 01845 Property Owner: Kathleen Ercolini 195 Bridle Path North Andover, MA 01845 Notice of Intent Prepared by: Robert Ercolini Dated: 12/28/09 Site Plans prepared by: Vladimir Nemchenok Merrimack Engineering Services 66 Park Street Andover, MA 01810 Titled: Site Development Plan of Land in North Andover, MA Prepared for Robert Ercolini Dated: February 16, 2005 Revised:January 30, 2010 21. 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. 242-1470,195 Bridle Path OOC.doc I NACC 2/19/2010 DEP FILE #242 - 1470 22. 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. 23. 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. 24. 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. 25. 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 regulntinnc 26. The work authorized hereunder shall be completed within three years from the date of this order. 27. This Order may be extended by the issuing authority for one but not more than two periods of up to one year each upon application to the issuing authority at least thirty days (30) prior to the expiration date of the Order (Refer to Section 8.3 (p.37) of the North Andover Wetland Regulations). 28. 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. 29. 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. 30. This Order of Conditions is issued in addition to that issued under File No. 242-1303. A Certificate of Compliance was issued on February 17,2010. No work was ever started under this OOC. 242-1470,195 Bridle Path OOC.doc 2 NACC 2/19/2010 DEP FILE #242 - 1470 31. Any future project which proposes a wetland crossing in order to access certain portions of the property will not be qualified as a limited project roadway under 310 CMR 10.53(e). 32. The following wetland resource areas are affected by the proposed.work: Buffer Zone to Bordering Vegetated Wetland (BVW). This resource area is significant to the interests of the Act and Town ByLaw as noted above and therein. The applicant has not attempted to overcome the presumption of significance of this resource area to the identified interests. 33. The NACC inspected and confirmed wetland flags to the west of the property line and running parallel to it (flags A13, A14 and several non-enumerated flags to the north) as shown on the revised plan dated and referenced herein. The wetland was previously delineated by Norse Environmental on 4-21-05. 34. 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 as depicted on the record 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. 35. This document shall be included in all construction contracts, subcontracts, and specifications dealing with the work proposed and shall supersede any conflicting contract requirements. The applicant shall assure that all contractors, subcontractors, and other personnel performing the permitting work are fully aware of the permits terms and conditions. Thereafter, the contractor will be held jointly liable for any violation of this Order resulting from failure to comply with its conditions. 36. The owners of the project and their successors in title agree that the Order does not in itself impose upon the Town any responsibility to maintain the proposed drainage system and that said Town shall not be liable for any damage in the event of failure. By acceptance of this Order, the owners agree to indemnify and hold harmless to the Town and its residents for any damage attributable to alterations undertaken on this property pursuant to the Order. Issuance of these Conditions does not in any way imply or certify that the site or downstream areas will not be subject to flooding, storm damage or any other form of water damage. PRIOR TO 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 it r r p pp , until all proceedings before the Department or Court have been completed. 242-1470,195 Bridle Path OOC.doc 3 NACC 2/19/2010 DEP FILE #242 - 1470 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 242-1470" 40. 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. No work shall begin on a project until written approval has been granted by the NACC. 41. It is the responsibility of the applicant, owner, and/or successor(s) to ensure that all conditions of this Order of Conditions are complied with. The project engineer and contractors are to be provided with a copy of this Order of Conditions and referenced documents before commencement of construction. 42. Prior to any work commencing on-site, the applicant shall submit to the NACC for approval, a detailed sequence of construction, including the construction of restoration areas, installation of sedimentation/erosion control devices and re-vegetation to be completed before other work begins on-site. Approval of the phasing plan is required prior to construction. 43. 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 erosion controls or temporary fencing and shall be confirmed by the NACC. Such barriers shall be checked and replaced as necessary and shall be maintained until all construction is complete. Workers should be informed that no use of machinery, storage of machinery or 242-1470,195 Bridle Path OOC.doc 4 NACC 2/19/2010 DEP FILE #242 - 1470 materials, stockpiling of soil, or construction activity is to occur beyond this line at any time. 44. 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 or its agent prior to the start of construction and shall remain intact until all disturbed areas have been permanently stabilized to prevent erosion. All erosion prevention and sedimentation protection measures found necessary during construction shall be implemented at the direction of the NACC or its agent. The NACC reserves the right to impose additional conditions on portions of this project to mitigate any impacts which could result from site erosion, or any noticeable degradation of surface water quality discharging from the site. For example, installation of erosion control measures may be required in areas not shown on the plan(s) referenced in this Order of Conditions. Should such installation be required by the NACC, they shall be installed within 48 hours of the Commission's request. 45. The applicant shall have on hand at the start of any soil disturbance, removal or stockpiling, a minimum of 8 hay bales and sufficient stakes for staking these bales (or an equivalent amount of silt fence, 1 hay bale to equal 3 feet of 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. 46. A check payable to the Town of North Andover shall be provided in the amount of$2,000 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. 47. The applicant shall designate a Wetland Scientist (or other environmental professional as approved by the NACC or its agent) as an"Erosion Control Monitor" to oversee any emergency placement of controls and regular inspection or replacement of 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. The Environmental Professional will immediately notify the Conservation agent of any matter that requires attention by the Commission or the-agent. The erosion control monitor will be required to inspect all such devices and oversee cleaning and the proper disposal of waste products. Cleaning shall include removal of any entrapped silt. At least once during each week in which construction activities occurs on-site and for as long thereafter 242-1470.195 Bridle Path OOC.doc 5 NACC 2/19/2010 DEP FILE #242 - 1470 as ground remains unstabilized, the applicant shall submit a written report from the "Erosion Control Monitor" to the NACC certifying that, to the best of his/her knowledge and belief based on a careful site inspection, all work is being performed in compliance with this Order of Conditions and that approved setbacks are being adhered to. The erosion control monitor must visually / inspect all sedimentation erosion control measures p and assume responsibility for their maintenance on a weekly basis and that they are functioning as intended. In addition, all wetland resource areas must be visually inspected for siltation, turbidity,and/or other water quality impacts. The Erosion Control Monitor shall be on site during and/or following a major storm event of 1" inch of rain or greater (24 hour event) to ensure that soils remain stable,and erosion controls are adequate and secure. 48. Prior to construction, the applicant shall permanently mark the edge of the "25-foot No- Disturbance Zone" or the stone wall where the existing limit of clearing is less that 25-feet with a minimum of six (6) wetland markers spaced evenly every 25 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. The markers shall remain posted and be replaced as necessary in perpetuity. 49. Prior to the commencement of any w--1— on site, a Registered Lana Surveyor (R.L.S.) shall stake the foundation corners of the proposed addition. These measurements will be verified in the field during the pre-construction meeting. 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 prior 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, 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 242-1470,195 Bridle Path OOC.doc 6 NACC 2/19/2010 DEP FILE #242 - 1470 Order of Conditions resulting from failure to comply with its conditions. The applicant or contractor shall notify the NACC in writing of the identity of the on-site construction supervisor hired to coordinate construction and to ensure compliance with this Order. A reasonable period of time shall be provided as notice of the pre-construction meeting(e.g. 72 hours). CTORMWATER MANAGEMENT CONDITIONS 52. 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. 53. Water quality in down gradient BVW's shall not differ significantly following completion of the project from the pre-development conditions. There shall be no sedimentation into wetlands or water bodies from discharge pipes or surface runoff leaving the site. DURING CONSTRUCTION 54. Upon beginning work, the applicant shall submit written monthly progress 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. 55. Accepted engineering and construction standards and procedures shall be followed in the completion of the project. 56. The contractor will take all steps necessary to control dust onsite so that adverse effects on adjacent resource areas and / or habitat do not occur. 57. 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. 58. The existing driveway shall serve as the construction access for the project and shall be swept daily to remove sediment deposited by construction vehicles accessing the site. If an alternative access is utilized, a crushed stone construction entrance shall be installed to minimize soil / material tracking onto Bridle Path. All construction vehicles must access the site through the construction entrance. This entrance shall be 242-1470,195 Bridle Path OOC.doc 7 NACC 2/19/2010 DEP FILE #242 - 1470 reinforced as necessary. A detail shall be provided to the Conservation Department prior to the start of construction. 59. 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. 60. Approved de-watering activities anticipated shall be supervised and witnessed by the designated erosion control monitor. This designee must be on-site while work specific to de-watering is occurring and until this section is complete. De-watering activities shall be conducted within the de-watering sump 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. 61. Any fill used in connection with this project shall be clean fill, contaft ung 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. 62. 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. 63. 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. 64. Construction equipment/vehicles shall not be staged overnight within 100 feet of a wetland resource area. 65. There shall be no stockpiling of soil or other materials within 100 feet of any resource area. Soils or other materials shall be stockpiled in locations approved by this 242-1470,195 Bridle Path OOC.doc 8 NACC 2/19/2010 DEP FILE #242 - 1470 department or within the designated areas as shown on the approved plan referenced herein. 66. Washings from concrete trucks, or surplus concrete, shall not be directed to, any drainage system, or wetland resource area. 67. All waste generated by, or associated with, the construction activity shall be contained within the limit of work, and away from any wetland resource area. There shall be no burying of spent construction materials or disposal of waste on the site by any other means. The applicant shall maintain dumpsters (or other suitable means) at the site for the storage and removal of such spent construction materials off-site. However, no trash dumpsters will be allowed within 50' of areas subject to protection under the Act or local ByLaw. 68. Accepted engineering and construction standards and procedures shall be followed in the completion of the project. 69. 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 70. 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. 71. Fertilizers utilized for landscaping and lawn care shall be slow release,low-nitrogen types (< 5%), and shall not be used within 25 feet of a resource area. Pesticides and herbicides shall not be used within 100 feet of a wetland resource area. This condition shall survive this Order of Conditions and shall run with the title of the property. This condition is issued under the authority of the Town's Wetland Protection ByLaw and shall remain in perpetuity. 72. Upon completion of construction and grading, all disturbed areas located outside resource areas shall be stabilized permanently against erosion. This shall be done by loaming and seeding according to NRCS standards. Stabilization will be considered complete once full vegetative cover has been achieved. 242-1470,195 Bridle Path OOC.doc 9 NACC 2/19/2010 DEP FILE #242 - 1470 73. 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. 74. Upon completion of the project the applicant shall submit the following to the Conservation Commission as part of a request for a Certificate of Compliance: a. WPA Form 8A - "Request for a Certificate of Compliance." b. A letter from the applicant requesting a Certificate of Compliance. c. The name and address of the current landowner. d. Signed statements from the individual property owners shall be submitted with the request for a Certificate of Compliance indicating that they read and understood the recorded Order of Conditions prior to purchasing their property. e. The name and address of the individual/trust or corporation to whom the compliance is to be granted. 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 any disturbance of soils or vegetation. ➢ Location of all subsurface utilities entering the property. 75. The following special conditions shall survive the issuance of a Certificate of Compliance (COC) for this project: 242-1470,195 Bridle Path OOC.doc 10 NACC 2/19/2010 DEP FILE #242 - 1470 ➢ 25' No-Disturbance Zone and a 50' No-Construction Zone shall be established from the edge of adjacent wetland resource areas except in those locations approved under DEP# 242-1470. Future work within 100' of existing wetland resource areas will require a separate filing with the NACC (refer to Section 3.4 (page 15) of the Regulations for performance standards within these zones) The Conservation Administrator and/or other agents of the NACC do not have the authority to waive these setbacks as established under the local ByLaw; ➢ Resource Area Markers (Condition#48); ➢ Discharge or spillage of pollutants (Condition #69); ➢ Prohibition of underground fuels (Condition#70); ➢ Limitations on the use of fertilizers,herbicides, and pesticides (Conditions #71). 242-1470,195 Bridle Path OOC.doc 11 NACC 2/19/2010 LlMassachusetts Department of Environmental Protection Provided by MassDEP: Bureau of Resource Protection -Wetlands 242-1470 WPA Form 5 - Order of Conditions MassDEP File# Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 eDEP Transaction# North Andover City/Town E. Signatures This Order is valid for three years, unless otherwise specified as a special 19 condition pursuant to General Conditions#4,from the date of issuance. 1.Date of Issuance 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 property owner,if different from applicant. Signatures: xio6 ❑ by hand delivery on ['/by certified mail, return receipt requested,on Date Date F. Appeals The applicant, the owner, any person aggrieved by this Order, any owner of land abutting the land subject to this Order, or any ten residents of the city or town in which such land is located, are hereby notified of their right to request the appropriate MassDEP 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 providing written information to the Department prior to issuance of a Superseding Order. The request shall state clearly and concisely the objections to the Order which is being appealed and how the Order does not contribute 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. wpaform5.doc- rev.12/23/09 Page 11 of 12 LlMassachusetts Department of Environmental Protection Provided by MassDEP: Bureau of Resource Protection -Wetlands 242-1470 WPA Form 5 - Order of Conditions MassDEP File# Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 eDEP Transaction# North Andover City/Town 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 this page 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: 195 Bridle Path 242-1470 Project Location MassDEP File Number Has been recorded at the Registry of Deeds of: Essex North County Book Page for: Property Owner and has been noted in the chain of title of the affected property in: Book Page In accordance with the Order of Conditions issued on: Date If recorded land, the instrument number identifying this transaction is: Instrument Number If registered land, the document number identifying this transaction is: Document Number Signature of Applicant wpaform5.doc• rev.12/23/09 Page 12 of 12 DEP FILE 4 242 - 1470 APPENDIX A - AFFIDAVIT I on oath do hereby depose and state: (authorized agent applicant and/or current owner) (PLEASE CHECK AT LEAST ONE BLOCK) 1. I am the of (position with applicant) (applicant name or company name) the applicant upon whom Order of Conditions have been placed upon by (DEP or NACC number) the North Andover Conservation Commission. &/or 2. I am the of (position with owner) (owner name) the owner upon whose land Order of Conditions have been placed up by (DEP or NACC number) the North Andover Conservation Commission, 3. 1 hereby affirm and acknowledge that I have received said Order of Conditions and have read the same and understand each (DEP File#) and every condition which has been set forth in said Order of Conditions. 4. 1 hereby affirm and acknowledge that on this - day of 19 I inspected said property together with any and all improvements which have been made to the same and hereby certify that each and every condition set forth in Order of Conditions are presently in compliance. (DEP File#) 5. I hereby affirm and acknowledge that this document will be relied upon by the North Andover Conservation Commission as well as any potential buyers of said property which is subject to said Order of Conditions (DEP File#) Signed under the pains and penalties of perjury this day of 19 (Signature-authorized agent of applicant or owner) 242-1470,195 Bridle Path OOC.doc 12 NACC 2/19/2010 I 1 L11Massachusetts Department of Environmental Protection Bureau of Resource Protection - Wetlands MassDEP File Number: WPA Form 5 - Order of Conditions 242-1420 Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 A. General Information Important: North Andover When filling 1. From: Conservation Commission out forms on the computer, 2. This issuance is for(check one): a. ® Order of Conditions b. ❑ Amended Order of Conditions use only the tab key to 3. To: Applicant: move your cursor-do not Robert Ercolini use the return a. First Name b.Last Name key. NA Great Pond Road Limited Partnershp c.Organization tQ 195 Bridle Path d. Mailing Address North Andover MA 01845 e.City/Town f.State g.Zip Code 4. Property Owner(if different from applicant): a.First Name b.Last Name c.Organization d. Mailing Address e.City/Town f.State g.Zip Code 5. Project Location: 880 Great Pond Road North Andover a.Street Address b.City/Town Map 103 Parcel 111 c.Assessors Map/Plat Number d. Parcel/Lot Number An A4 71-05-OOW Latitude and Longitt Vi�101 f.Longitude 6. Property recorded a To C e &eqdS�N1.(/ rmation if more than one parcel): Essex North ` a.County �� �`�K er(if registered land) 115 c. Book 7. Dates: 12/10/ �dQbd�t _ 4/29/08 a.Date c.Date of Issuance 8. Final Approved Plan C)V1 h 14 r document references as needed): Plan Showing Propc a. Plan Title Andover Consultant: aod, P. E. b. Prepared By ped by revised 4/2/08 d. Final Revision Date f.Additional Plan or Document Title g.Date L.f.,ml.d.c• rev.2/27/08 Page 1 of 10 µORTil Ott�to 0. �E.CEIVED i� , ,` � a 2010 JAN 14 AM 3: 29 SRCHt7�� PLANNING DEPARTMENT , Community Development Division N 0 R T f 1 HJD0'l�a Special Permit--Watershed Permit Application Please type or print clearly. ` 1. Petitioner: ©b,na.fi E K c-o Lt'-v Petitioner's Address: t 5 9 it.-Al a P.0-1m, NVA11. A w o"A YM V4 0 Telephone number. 2 7k-6R3- jb If)} o k C 17-`170 - 3 2-Zo 2.Owners of the Land: kte ol.a e Address: t 't15.e e ct to LP,41U NaA 11t Awd die4 W*0IS-45 Number of years of ownership: 3.2 4#-,4 as 3.Year lot was created: tA L d, �6. Lod--— t 2t fZ 0's 4. Is the lot currently on septic or sewer? If on sewer,please provide date the sewer connection was completed: 200(** 5. Description of Proposed Project: e us a. of= to tt+m v i A- c'tiw1V-f # t o 0 -;k- 4 � r #te 161 qu Le c 6.Description of Premises: '+V a6P F*—A w t 1'k 6=4Es K 7.Address of Property Bening Affected: 1 R Zoning District: R1(4k"'41!!C L C-0 Q-) Assessors Map: 'Ito 104•C DOU Lot#: fq 8. Existing Lot: Lot Area(Sq.Ft): Sqe t Building Height: 3 Street Frontage: 3q�F,sy a`--73.32 Side Setbacks: 1- 61 _2 .oma ( eck Front Setback: 2 It Rear '7'V` Floor Area Ratio. 4o'14 Lot age: V 9.Proposed Lot(if applicable); Lot Area(Sq.Ft): �"q, 960 Building Height: 31+` Street Frontage: '31 S. s14 t-71, ; Side Setbacks: G e.50 '' � Page 1 of 2 1600 Osgood Street,North Andover,Bldg.20,Suite 2-36 Planning Dept.,Massachusetts 01845 Phone 978.688.9535 Fox 978.688.9542 Web www.townofnorthandover.com Edited 8/l/07 Coe e Lo+ t. k Lvew to Front Setback: $ Rear Setback: Floor Area Ratio: ,VN►4 Lot Coverage: N/A 10. Required Lot(as required by Zoning Bylaw): Lot Area(Sq.Ft):_ E 7, %-Ao Building Height: 3 5 Street Frontage: 1,75 - Side Setbacks: 3 O' Front Setback: 30, Rear Setback: 30 ' Floor Area Ratio: A114 Lot Coverage: 4,//A 11. Existing Building(if applicable): Ground Floor(Sq. Ft.): 2A';2-So #of Floors: Total Sq. Ft.:-k.2q,),3a'+ 5D4' k Height:_ 3,2' Use: s� 4{Lem` IA-- Type of Construction: 12. Proposed Building: Ground Floor(Sq. FL): :31414-2-50 #of Floors: 3 Total Sq. Ft9j!''?- '7b g '�u Height: 32' Use: ,'►r, 14-OW4 Type of Construction:_ U1„oot 13. Has there been a previous application for a Special Permit from the Planning Board on these premises? Ivo If so,when and for what type of construction? 4//4 14. Section of Zoning Bylaw that Special Permit Is Being Requested_ Af. /3 la 15.Petitioner and Landowner signature(s): Every application for a Special Permit shall be made on this form, which is the official form of the Planning Board. Every application shall be filed with the Town Clerk's office. It shall be the responsibility of the petitioner to fumish all supporting documentation with this application. The dated copy of this application received by the Town Clerk or Planning Office does not absolve the applicant from this responsibility. The petitioner shall be responsible for all expenses for filing and legal notification. Failure to comply with application requirements, as cited herein and in the Planning BoaKI-Rules_and Regulations may result in a dismissal by the Planning Board of this application as incomplete. 0 Petitioner's Signature: w Print or type name here: v: Owner's Signature: , Print or type name here: a is co tU w 16. Please list title of plans and documents you will be attaching to this application. C1 J,�Q -A-kA/ a r- t<,VciD %q CSF Lwwo 1 4tM,--c iW eA�^�� +�V l Ltw 2 eX 4 A , wt Fjy dG - Page 2of2 1600 Osgood Street,North Andover,Bidg.20,Suite 2-36 Planning Dept.,Massachusetts 01845 Phone 918.688.9535 Fax 918.688.9542 Web www.townofnorthandover.com Edited 811/01 � �10RT�y sir 4..• 6 °L Town of North Andover F n= p Office of the Planning Department revh,�'"�«* Community Development and Services Divis' MAR PM r� 3 �SSACH jS � 1600 Osgood Street North Andover,Massachusetts 01845 ' NORTH AIG ,' NOTICE OF DECISION-DRAFT MAa.,ACHU Bldg. ZBA Any appeal shall be filed Con/Com Health within (20) days after the Fire Chief Police Chief date of filing this notice in Town C1er DPW/Engineers Towns Planning the office of the Town Clerk Date: March 2,2010 Date of Hearings: February 16, 2010 and March 2,2010 Date of Decision: March 2,2010 Petition of: Robert Ercolini,195 Bridle Path.North Andover,Massachusetts, 01845 Premises Affected: 195 Bridle Path,North Andover,Massachusetts,01845, Assessor's Map 104C, Parcel 14 and located in the Residential 1 Zoning District. Referring to the above petition for a Watershed Special Permit from the requirements of the North Andover Zoning Bylaw, Section 4.136. So as to allow the construction of 2,083 sq. ft. of expansion,including a 2 story addition,a new deck and new brick patio, and new stormwater management systems within the Non-Disturbance Zone of the Watershed Protection Districtand related grading and landscape work within 100 feet of a wetland resource area, within the Non-Disturbance of the Watershed Protection District. After a public hearing given on the above date, the Planning Board voted to APPROVE a Watershed Special Permit for the Watershed Protection District,based upon the following conditions: a harming Board Richard Rowen Timothy Seibert Michael Walsh Michael Colantoni cc: Town Departments Applicant Engineer Abutters 195 Bridle Path Map 104C,Parcel 14 Watershed Special Permit—Construct Addition to Single-Family Residence March 2,2010 Assessor The public hearing on the above referenced application was opened on February 16, 2010 closed by the North Andover Planning Board on March 2, 2010. On March 2, 2010, upon a motion made by Michael Walsh and seconded by Richard Rowen the Planning Board voted 4 — 0 (Courtney LaVolpicelo absent and John Simons abstaining) to GRANT a Watershed Special Permit to construct a 2,083 sq. ft. of expansion, including a 2 story addition, a new deck and new brick patio, and new stormwater management systems, and related grading and landscape work within the Non-Disturbance of the Watershed Protection District under the;ft"irements of Section 4.136.c.ii.6 & 10.3 of the North Andover Zoning Bylaw. This Special Permit;was requested by Robert Ercolini 195 Bridle Path, North Andover, MA 01845 on January 19, 2014 The applicant submitted a complete application, which was noticed and reviewed in accordatt<se.with Section 10.52 of the Town of North Andover Zoning Bylaw and MGL Chapter 40A, Section 9. The motion--to approve/deny was subject to the FINDINGS OF FACTS and SPECLkL CONDITITONS set forth in AppeiWix A to this decision. The Planning Board vote was unanimous. A special permit issued by the l.'T ial permit granting authority requires a vote of at least four members of a five member-board. v The applicant is hereby notified that shdWd.41e applicant disagree this decision, the applicant has the right, under.MGL Chapter 40A, Section 17,to peal to this decision within twenty days after the date this decision has been filed with the Town Clerk.`-' In accordance with 4.136 the,Pfla ing Board m"wes the finding#hat the it ettt of the.Bylaw, as well as its specific criteria are met: This dectston specifically stated by tie Planning Board makes the following FINDINGS OF FACT: 1) That as a result of the proposed construction in conjunction with other uses nearby,there will not be any significant�degraiiaon of the or-quantity of water in or entering Lake Cochichewick. The Planning 3oard'bases his fmdfn on the following facts: a) Tlieeproject is located within an eltremely environmental sensitive area and in close proximity to a wet=land resource area khat drains to Lake Cochichewick. The final design reflects extensive discusst®tis­between the 4 Town and applicant to ensure the continued protection:: of Lake Cochichewtekand the safety and welfare of the residents of North Andover. b) The constructron 1aas been reviewed by Town Staff who have concluded that there will not be significant degrada5*44the quality or quantity of water in or entering Lake Cochichewick.The site drainage system and smarm water management design are designed in accordance with the Town Bylaw requirements. Further, adequate safeguards have been provided to mitigate pollutants from entering Lake Cochichewick through the installation/implementation of the following Best Management Practices relative to an addition to a single-family dwelling: i) Roof runoff is routed to infiltration areas. The new structure calls for recharging 617 s.f. of new roof area. The new structure will have gutters and roof drains that will direct runoff two underground cisterns that have been located at a distance away from the dwelling unit so as to not overflow into the residence. ii) The new addition and the new patio area have caused an increase in impervious area. However, due to the roof infiltration and the infiltration of the patio based on the proposed 2 . R 195 Bridle Path Map 104C,Parcel 14 Watershed Special Permit—Construct Addition to Single-Family Residence March 2,2010 c) The"Project" or"195 Bridle Path"refers to a 2,083 sq. ft. expansion, including a 2 story addition, a new deck and new brick patio,and new stormwater management systems,and related grading and landscape work within the Non-Disturbance of the Watershed Protection District d) The"Applicant"refers to Robert Ercolini,the applicant for the Special Permit. e) The"Project Owner"refers to the person or entity holding the fee interest to the title to the Locus from time to time,which can include but is not limited to the applicant, developer,and owner. 2) The Town Planner shall approve any changes made to these plans. Any changes deemed substantial by the Town Planner would require a public hearing and mo_ ation by the Planning Board. 3) Fertilizers are limited to those which are either organic car slow-release nitrogen and phosphorous-free. This restriction will be noted on the deed. 4) Prior to issuance of a building permit: a) A performance guarantee bond of four thousand:dollars ($4,000.00)made of- to the Town of North Andover must be posted to insure that the construeion,erosion>control,measures,and performance of any other condition contained herein will takeplace in accordance with.the plans and the conditions of this decision and to ensure that the as-built dans will be submitted. b) All erosion control measures as shown on-the.plan must'be in place and reviewed by the Town Planner and Conservation Department.; , c} Fertilizers are lirnited to those which are-either•organic ear.slow-release nitrogen and phosphorous- free. The applicant shaft incorporate this condition as a deed restriction and a copy of the recorded deed shall be submitted to the Town Planner and included in the file. 4) Prior to release.of the Performance Bond. a) The applicant Miall submit_-an as-built plata stamped by a Registered Professional Engineer in Massachusetts that sfiows gill .construction,`including storm water mitigation trenches and other pertinent site features. This as-built plan shall be submitted to the Town Planner for approval. The applicant must submit a certification fixim the design engineer that the site was constructed as shown on the approved plan. b) The Planning Board must by:a majority vote make a finding that the site is in conformance with the approved plan.' 5) No open burning shall be done except as is permitted during burning season under the Fire Department regulations. 6) The Contractor shall contact Dig Safe at least 72 hourspriorto commencing excavation. 7) The provisions of this conditional approval shall apply to and be binding upon the applicant, it's employees and all successors and assigns in interest or control. 8) This Special Permit approval shall be deemed to have lapsed March 2,2012 (two years from the date of issuance) exclusive of the time required to pursue or await determination of any appeals, unless 4 195 Bridle Path Map 104C,Parcel 14 Watershed Special Permit—Construct Addition to Single-Family Residence March 2,2010 design and the removal of part of the existing brick walkway, there will be a reduction in runoff from the site. iii) Fertilizers are limited to those which are either organic or slow-release nitrogen and phosphorous-free. c) The existing structure is connected to the Town sewer and water systems. d) The topography of the site will not be altered substantially. Overland flow will help reduce nutrient loading into the adjacent wetlands,since the lot is sloped to drain towards the driveways. e) Erosion control, including siltation fencing and hale bales, will be installed prior to construction and will remain in place throughout construction. The location of-these controls is noted on the plan. fl The new patio will be constructed with either briek;or stone pavers,with a sub-base consisting of 4" of coarse compacted sand,filter fabric and 12";ofcrushed stone,to allow for maximum infiltration. 2) There is no reasonable alternative location outside the General, Non-Disturbance, and the Discharge Zones for any discharge,structure or activity. 3) In accordance with Section 10.31 of the North Andover Zoning I, Bylaw, the Planning Board makes thefollowin FIND INGS OF FACT: - 1) The specific site is an appropriate location for the proposed use as all feasible storm water and erosion controls have been placed on the site; 2) The use will not adversely affect the neighborhood as the lot is located in a Residential 1 Zoning District; 3) There will be no nuisance or serious--hazard to vehicles or pedestrians; 4) Adequate and appropriate facilities are provided for the proper operation of the proposed use; 5) The existing lot does not conform to the minimum lot area requirements for a lot within the Residential 1 Zoning District as shown in 'fable 2 of the North Andover Zoning By-laws and is grandfathered as a lot that existed prior to the change ut:lot size for this Zoning District.. I 6) The Planning Board also makes a specific finding that the use is in harmony with the general purpose and intent of the North Andover Zoning Bylaw. Upon reaching the above findings,the Planning Board approves this Special Permit based upon the following SPECIAL CONDITIONS: 1)Permit Definitions: a) The"Locus"refers to the 1.37 acre parcel of land with frontage on Bridle Path as shown on Assessors Map 104C, Parcel 14, and also known as 195 Bridle Path,North Andover, Massachusetts. b) The"Plans"refer to the plans prepared by Merrimack Engineering Services, dated February 16, 2005 and revised to X,2010, entitled"Site Development Plan of Land, located in North Andover, North Andover,MA.prepared for Robert Ercolini". 3' w 195 Bridle Path Map 1040,Parcel 14 Watershed Special Permit—Construct Addition to Single-Family Residence March 2,2010 substantial use or construction has commenced within said two-year period. Substantial use or construction will be determined by a majority vote of the Planning Board. 9) This decision must be filed with the North Essex Registry of Deeds. The following information is included as part of this decision: a) Plan titled: Site Development Plan of Land 195 Bridle Path,North Andover,Mass. Prepared for: Robert Ercolini 195 Bridle Path North Andover,MA 01845 Prepared by: Merrimack Engineering Services 66 Park Street Andover MA 01810 Scale: I"=20' Date: February 16,2005 and revised January 30. 2010,X. Sheets: I cc: Director of Public Works Building Inspector Town Manager Conservation Administrator Drainage Consultant Planning Board Police Chief - Fire Chief Applicant Engineer File i ji I r.� > Zr ' f 5 Massachusetts Department of Environmental Protection Bureau of Resource Protection -Wetlands DEP File Number: WPA Form 8B — Certificate of Compliance 1 242-1303 Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 provided by DEP A. Project Information Important: When filling out 1. This Certificate of Compliance is issued to: forms on the computer,use Robert Ercolini only the tab key Name to move your 195 Bridle Path cursor-do not Mailing Address use the return key. North Andover MA 1845 City/Town State Zip Code 2. This Certificate of Compliance is issued for work regulated by a final Order of Conditions issued to: Robert Ercolini Name May 13, 2005 242-1303 Dated DEP File Number 3. The project site is located at: 195 Bridle Path North Andover Street Address Cityrrown Map 104C Parcel 85 Assessors Map/Plat Number Parcel/Lot Number the final Order of Condition was recorded at the Registry of Deeds for: Property Owner(if different) Essex North County Book Page Certificate 4. A site inspection was made in the presence of the applicant, or the applicant's agent, on: 2/8/10 Date wpafrm8b.doc-rev.12/23/09 WPA Form 8B,Certificate of Compliance-Page 1 of 3 Massachusetts Department of Environmental Protection Bureau of Resource Protection -Wetlands DEP File Number: WPA Form 8B — Certificate of Compliance 242-1303 Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 Provided by DEP B. Certification Check all that apply: ® Complete Certification: It is hereby certified that the work regulated by the above-referenced Order of Conditions has been satisfactorily completed. ❑ Partial Certification: It is hereby certified that only the following portions of work regulated by the above-referenced Order of Conditions have been satisfactorily completed.The project areas or work subject to this partial certification that have been completed and are released from this Order are: ❑ Invalid Order of Conditions: It is hereby certified that the work regulated by the above-referenced Order of Conditions never commenced. The Order of Conditions has lapsed and is therefore no longer valid. No future work subject to regulation under the Wetlands Protection Act may commence without filing a new Notice of Intent and receiving a new Order of Conditions. Ongoing Conditions: The following conditions of the Order shall continue: (Include any conditions contained in the Final Order, such as maintenance or monitoring, that should continue for a longer period). Condition Numbers: C. Authorization Issued by: North Andover Conservation Commission Date of Issuance This Certificate must be signed by a majority of the Conservation Commission and a copy sent to the applicant and appropriate DEP Regional Office (See http://www.mass-gov/dep/about/region/findvour.htm). i Signa ures: wpafrm8b.doc-rev.12/23/09 WPA Form 813,Certificate of Compliance-Page 2 of 3 Massachusetts Department of Environmental Protection Bureau of Resource Protection -Wetlands DEP File Number. WPA Form 8B — Certificate of Compliance Massachusetts Wetlands Protection Act M.G.L. c. 131, 40 242-1303 Provided by DEP D. Recording Confirmation The applicant is responsible for ensuring that this Certificate of Compliance is recorded in the Registry of Deeds or the Land Court for the district in which the land is located. Detach on dotted line and submit to the Conservation Commission. To: -------------------- - --------------------------------------------------------------------------- North Andover Conservation Commission Please be advised that the Certificate of Compliance for the project at: 195 Bridle Path 242-1303 Project Location DEP File Number Has been recorded at the Registry of Deeds of: Essex North County for: Property Owner and has been noted in the chain of title of the affected property on: Date Book Page If recorded land, the instrument number which identifies this transaction is: If registered land, the document number which identifies this transaction is: Document Number Signature of Applicant wpafrm8b.doc•rev.12/23/09 WPA Form 8B,Certificate of Compliance•Page 3 of 3 LlMassachusetts Department of Environmental Protection Provided by MassDEP: Bureau of Resource Protection -Wetlands 242-1470 WPA Form 5 - Order of Conditions MassDEPFile# Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 eDEP Transaction# North Andover City/Town A. General Information Important: North Andover When filling 1. From: Conservation Commission out forms co he puter, 2. This(check one)issuance Is or a.®Order of Conditions b.El Amended Order of Conditions use only the tab key to 3.To: Applicant: move your cursor-do Robert Ercolini not use the a.First Name b.Last Name return key. c.Organization 195 Bridle Path d.Mailing Address North Andover MA 01845 e.City/Town f.State g.Zip Code 4. Property Owner(if different from applicant): Kathleen Ercolini a.First Name b.Last Name c.Organization 195 Bridle Path d.Mailing Address North Andover MA 01845 e.City/Town f.State g.Zip Code 5. Project Location: 195 Bridle Path North Andover a.Street Address b.Cityrrown Map 104C Parcel 85 c.Assessors Map/Plat Number d.Parcel/Lot Number Latitude and Longitude, if known: 42d41'm30"s 71d04'm52"s d.Latitude e.Longitude wpaform5.doc• rev.12/23/09 Page 1 of 12 Massachusetts Department of Environmental Protection Provided by MassDEP: Ll Bureau of Resource Protection - Wetlands 242-1470 WPA Form 5 Order of Conditions MassDEP File# Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 eDEP Transaction# North Andover City/Town A. General Information (cont.) 6. Property recorded at the Registry of Deeds for(attach additional information if more than one parcel): Essex North a.County b.Certificate Number(if registered land) 3422 12 c.Book d.Page 12/30/09 2/17/10 2/19/10 7. Dates: a. Date Notice of Intent Filed b. Date Public Hearing Closed c. Date of Issuance s. Final Approved Plans and Other Documents (attach additional plan or document references as needed): Site Development Plan of Land a. Plan Title Merrimack Engineering Services, Inc. Vladimur L. Nemchenok, P. E., Stephen E. b. Prepared By Stapinski, R. P. L. S. January 30, 2010 V =20' d. Final Revision Date e.Scale f.Additional Plan or Document Title g.Date B. f=indings 1. 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(the Act). Check all that apply: a. ® Public Water Supply b. ❑ Land Containing Shellfish c. ®Prevention of Pollution d. ® Private Water Supply e. ❑ f. ® Protection of Fisheries Wildlife 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: a. ® 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. wpaform5.doc• rev.12/23/09 Page 2 of 12 t Massachusetts Department of Environmental Protection Provided by MassDEP: Bureau of Resource Protection - Wetlands 242-1470 WPA Form 5 — Order of Conditions MassDEP File# Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 eDEP Transaction# LLI North Andover City/Town B. Findings (cont.) Denied because: b. ❑ 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 the interests of the Act, 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. c. ❑ 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) 5 3. ® Buffer Zone Impacts: Shortest distance between limit of project 55linearfeet disturbance and Bank or Bordering Vegetated Wetland boundary (if a. available) Resource Area Proposed Permitted Proposed Permitted Alteration Alteration Replacement Replacement 4. ❑ Bank a. linear feet b.linear feet c.linear feet d.linear feet 5. ❑ Bordering Vegetated Wetland a.square feet b.square feet c.square feet d.square feet 6. ❑ Land Under Waterbodies and a.square feet b.square feet c.square feet d.square feet Waterways e.c/y dredged f.c/y dredged 7. ❑ Bordering Land Subject to Flooding a.square feet b.square feet c.square feet d.square feet Cubic Feet Flood Storage e.cubic feet f.cubic feet g.cubic feet h.cubic feet s. ❑ Isolated Land Subject to Flooding a.square feet b.square feet Cubic Feet Flood Storage c.cubic feet d.cubic feet e.cubic feet f.cubic feet wpaform5.doc• rev.12/23/09 Page 3 of 12 LlMassachusetts Department of Environmental Protection Provided by MassDEP: Bureau of Resource Protection -Wetlands 242-1470 WPA Form 5 - Order of Conditions MassDEP File# Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 eDEP Transaction# North Andover CitylTown B. Findings (cont.) Resource Area Proposed Permitted Proposed Permitted Alteration Alteration Replacement Replacement 9. ❑ Rlverfront Area a.total sq.feet b.total sq.feet Sq ft within 100 ft c.square feet d.square feet e.square feet f.square feet Sq ft between 100- 200 ft g.square feet h.square feet i.square feet j.square feet Coastal Resource Area Impacts: Check all that apply below. (For Approvals Only) 1o. ❑ Designated Port Indicate size under Land Under the Ocean, below Areas 11. ❑ Land Under the Ocean a.square feet b.square feet c.cty dredged d.Gy dredged 12. ❑ Barrier Beaches Indicate size under Coastal Beaches and/or Coastal Dunes below 13. ❑ Coastal Beaches cu yd cu yd a.square feet b.square feet c.nourishment d.nourishment 14. ❑ Coastal Dunes cu yd cu yd a.square feet b.square feet c.nourishment d.nourishment 15. ❑ Coastal Banks a.linear feet b.linear feet 16. ❑ Rocky Intertidal Shores a.square feet b.square feet 17. ❑ Salt Marshes a.square feet b.square feet c.square feet d.square feet 18. ❑ Land Under Salt Ponds a.square feet b.square feet a Gy dredged d..c/y dredged 19. ❑ Land Containing Shellfish a.square feet b.square feet c.square feet d.square feet 20. ❑ Fish Runs Indicate size under Coastal Banks, Inland Bank, Land Under the Ocean, and/or inland Land Under Waterbodies and Waterways, above a.cty dredged b.c/y dredged 21. ❑ Land Subject to Coastal Storm a.square feet b.square feet Flowage wpaform5.doc• rev.12/23/09 Page 4 of 12 Massachusetts Department of Environmental Protection Provided by MassDEP: Bureau of Resource Protection Wetlands 242-1470 WPA Form 5 - Order of Conditions MassDEP File# Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 eDEP Transaction# North Andover CitylTown B. Findings (cont.) 22. ❑ Restoration/Enhancement: a.square feet of BVW b.square feet of salt marsh 23. ❑ Stream Crossing(s): a.number of new stream crossings b.number of replacement stream crossings C. General Conditions Under Massachusetts Wetlands Protection Act The following conditions are only applicable to Approved projects. 1. Failure to comply with all conditions stated herein, and with all related 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. If this Order constitutes an Amended Order of Conditions, this Amended Order of Conditions does not extend the issuance date of the original Final Order of Conditions and the Order will expire on unless extended in writing by the Department. 7. 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. 8. 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. wpaform5.doc- rev.12/23/09 Page LlMassachusetts Department of Environmental Protection Provided by MassDEP: Bureau of Resource Protection -Wetlands 242-1470 WPA Form 5 - Order of Conditions MassDEP File# Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 eDEP Transaction# North Andover City/Town C. General Conditions Under Massachusetts Wetlands Protection Act (cont.) 9. 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 the 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. 10. 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, "MassDEP"] "File Number 242-1470 11. 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 MassDEP. 12. Upon completion of the work described herein, the applicant shall submit a Request for Certificate of Compliance(WPA Form 8A)to the Conservation Commission. 13. The work shall conform to the plans and special conditions referenced in this order. 14. 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. 15. 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. 16. 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. 17. 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. wpaform5.doc• rev.12/23/09 Page 6 of 12 Massachusetts Department of Environmental Protection Provided by MassDEP: Bureau of Resource Protection- Wetlands 242-1470 WPA Form 5 Order of Conditions MassDEP File# Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 eDEP Transaction# North Andover City/Town C. General Conditions Under Massachusetts Wetlands Protection Act(cont.) 18. 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. NOTICE OF STORMWATER CONTROL AND MAINTENANCE REQUIREMENTS 19. The work associated with this Order(the"Project") is(1)❑ is not(2)[] subject to the Massachusetts Stormwater Standards. If the work is subject to the Stormwater Standards,then the project is subject to the following conditions: a) All work, including site preparation, land disturbance, construction and redevelopment, shall be implemented in accordance with the construction period pollution prevention and erosion and sedimentation control plan and, if applicable, the Stormwater Pollution Prevention Plan required by the National Pollution Discharge Elimination System Construction General Permit as required by Stormwater Condition 8. Construction period erosion, sedimentation and pollution control measures and best management practices (BMPs) shall remain in place until the site is fully stabilized. b) No stormwater runoff may be discharged to the post-construction stormwater BMPs unless and until a Registered Professional Engineer provides a Certification that: i. all construction period BMPs have been removed or will be removed by a date certain specified in the Certification. For any construction period BMPs intended to be converted to post construction operation for stormwater attenuation, recharge, and/or treatment, the conversion is allowed by the MassDEP Stormwater Handbook BMP specifications and that the BMP has been properly cleaned or prepared for post construction operation, including removal of all construction period sediment trapped in inlet and outlet control structures; ii. as-built final construction BMP plans are included, signed and stamped by a Registered Professional Engineer, certifying the site is fully stabilized; iii. any illicit discharges to the stormwater management system have been removed, as per the requirements of Stormwater Standard 10; iv. all post-construction stormwater BMPs are installed in accordance with the plans (including all planting plans)approved by the issuing authority, and have been inspected to ensure that they are not damaged and that they are in proper working condition; v. any vegetation associated with post-construction BMPs is suitably established to withstand erosion. wpaform5.doc• rev.12/23/09 Page 7 of 12 LlMassachusetts Department of Environmental Protection Provided by MassDEP: Bureau of Resource Protection -Wetlands 242-1470 WPA Form 5 - Order of Conditions MassDEP File# Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 eDEP Transaction# North Andover City/Town C. General Conditions Under Massachusetts Wetlands Protection Act(cont.) c) The landowner is responsible for BMP maintenance until the issuing authority is notified that another party has legally assumed responsibility for BMP maintenance. Prior to requesting a Certificate of Compliance, or Partial Certificate of Compliance, the responsible party(defined in General Condition 18(e)) shall execute and submit to the issuing authority an Operation and Maintenance Compliance Statement("O&M Statement) for the Stormwater BMPs identifying the party responsible for implementing the stormwater BMP Operation and Maintenance Plan ("O&M Plan")and certifying the following: i.)the 0&M Plan is complete and will be implemented upon receipt of the Certificate of Compliance, and ii)the future responsible parties shall be notified in writing of their ongoing legal responsibility to operate and maintain the stormwater management BMPs and implement the Stormwater Pollution Prevention Plan. d) Post-construction pollution prevention and source control shalt be implemented in accordance with the long-term pollution prevention plan section of the approved Stormwater Report and, if applicable, the Stormwater Pollution Prevention Plan required by the National Pollution Discharge Elimination System Multi-Sector General Permit. e) Unless and until another party accepts responsibility, the landowner, or owner of any drainage easement, assumes responsibility for maintaining each BMP. To overcome this presumption, the landowner of the property must submit to the issuing authority a legally binding agreement of record, acceptable to the issuing authority, evidencing that another entity has accepted responsibility for maintaining the BMP, and that the proposed responsible party shall be treated as a permittee for purposes of implementing the requirements of Conditions 18(o through 18(k)with respect to that BMP. Any failure of the proposed responsible party to implement the requirements of Conditions 18(f)through 18(k)with respect to that BMP shall be a violation of the Order of Conditions or Certificate of Compliance. In the case of stormwater BMPs that are serving more than one lot, the legally binding agreement shall also identify the lots that will be serviced by the stormwater BMPs. A plan and easement deed that grants the responsible party access to perform the required operation and maintenance must be submitted along with the legally binding agreement. f) The responsible party shall operate and maintain all stormwater BMPs in accordance with the design plans, the O&M Plan, and the requirements of the Massachusetts Stormwater Handbook. wpeform5.doc- rev.12123/09 Page 8 of 12 Massachusetts Department of Environmental Protection Provided by MassDEP: Bureau of Resource Protection -Wetlands 242-1470 WPA Form 5 - Ll Order of Conditions MassDEP File# Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 eDEP Transaction# North Andover City/Town C. General Conditions Under Massachusetts Wetlands Protection Act (cont.) g) The responsible party shall: 1. Maintain an operation and maintenance log for the last three(3)consecutive calendar years of inspections, repairs, maintenance and/or replacement of the stormwater management system or any part thereof, and disposal (for disposal the log shall indicate the type of material and the disposal location); 2. Make the maintenance log available to MassDEP and the Conservation Commission ("Commission") upon request; and 3. Allow members and agents of the MassDEP and the Commission to enter and inspect the site to evaluate and ensure that the responsible party is in compliance with the requirements for each BMP established in the O&M Plan approved by the issuing authority. h) All sediment or other contaminants removed from stormwater BMPs shall be disposed of in accordance with all applicable federal,state, and local laws and regulations. i) Illicit discharges to the stormwater management system as defined in 310 CMR 10.04 are prohibited. j) The stormwater management system approved in the Order of Conditions shall not be changed without the prior written approval of the issuing authority. k) Areas designated as qualifying pervious areas for the purpose of the Low Impact Site Design Credit(as defined in the MassDEP Stormwater Handbook, Volume 3, Chapter 1, Low Impact Development Site Design Credits)shall not be altered without the prior written approval of the issuing authority. 1) Access for maintenance, repair, and/or replacement of BMPs shall not be withheld. Any fencing constructed around stormwater BMPs shall include access gates and shall be at least six inches above grade to allow for wildlife passage. Special Conditions(if you need more space for additional conditions, please attach a text document): wpaform5.doc- rev.12/23/09 Page 9 of 12 LlMassachusetts Department of Environmental Protection Provided by MassDEP: Bureau of Resource Protection = Wetlands 242-1470 WPA Form 5 - Order of Conditions MassDEPFile# Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 eDEP Transaction# North Andover City/Town 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 a. ❑ that the proposed work cannot be conditioned to meet the standards set forth in a municipal ordinance or bylaw, specifically: 1.Municipal Ordinance or Bylaw 2.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. b. ® that the following additional conditions are necessary to comply with a municipal ordinance or bylaw: North Andover Wetlands Protection B law Chapter 178 1.Municipal Ordinance or Bylaw 2.Citation 3. 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 The special conditions relating to municipal ordinance or bylaw are as follows(if you need more space for additional conditions, attach a text document): See Attached wpaform5.doc• rev.12/23/09 Page 10 of 12 DEP FILE #242 - 1470 Therefore, the North Andover Conservation Commission (hereafter the "NACC") hereby finds that the following conditions are necessary, in accordance with the Performance Standards set forth in the State Regulations, the local ByLaw and Regulations, to protect those interests noted above. The NACC orders that all work shall be performed in accordance with said conditions and with the Notice of Intent referenced below. Tothe extent that the following conditions modify or differ from the pians, specifications or other proposals submitted with the Notice of Intent, the conditions shall control GENERAL CONDITIONS 19. The proposed work includes:a one-story addition (approx. 25' x 25') with full basement, attached deck (approx. 29' x 20'), stairs, patio, chimney, and roof drains with appurtenant site work and grading within 100 feet of a bordering vegetated wetland. 20. The work shall conform to the following: Applicant: Robert Ercolini 195 Bridle Path North Andover, MA 01845 Property Owner: Kathleen Ercolini 195 Bridle Path North Andover, MA 01845 Notice of Intent Prepared by: Robert Ercolini Dated: 12/28/09 Site Plans prepared by: Vladimir Nemchenok Merrimack Engineering Services 66 Park Street Andover, MA 01810 Titled: Site Development Plan of Land in North Andover, MA Prepared for Robert Ercolini Dated: February 16, 2005 Revised:January 30, 2010 21. 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. 242-1470,195 Bridle Path OOC.doc I NACC 2/19/2010 DEP FILE #242 - 1470 22. 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. 23. 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. 24. 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. 25. 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 regulntinnc 26. The work authorized hereunder shall be completed within three years from the date of this order. 27. This Order may be extended by the issuing authority for one but not more than two periods of up to one year each upon application to the issuing authority at least thirty days (30) prior to the expiration date of the Order (Refer to Section 8.3 (p.37) of the North Andover Wetland Regulations). 28. 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. 29. 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. 30. This Order of Conditions is issued in addition to that issued under File No. 242-1303. A Certificate of Compliance was issued on February 17,2010. No work was ever started under this OOC. 242-1470,195 Bridle Path OOC.doc 2 NACC 2/19/2010 DEP FILE #242 - 1470 31. Any future project which proposes a wetland crossing in order to access certain portions of the property will not be qualified as a limited project roadway under 310 CMR 10.53(e). 32. The following wetland resource areas are affected by the proposed.work: Buffer Zone to Bordering Vegetated Wetland (BVW). This resource area is significant to the interests of the Act and Town ByLaw as noted above and therein. The applicant has not attempted to overcome the presumption of significance of this resource area to the identified interests. 33. The NACC inspected and confirmed wetland flags to the west of the property line and running parallel to it (flags A13, A14 and several non-enumerated flags to the north) as shown on the revised plan dated and referenced herein. The wetland was previously delineated by Norse Environmental on 4-21-05. 34. 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 as depicted on the record 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. 35. This document shall be included in all construction contracts, subcontracts, and specifications dealing with the work proposed and shall supersede any conflicting contract requirements. The applicant shall assure that all contractors, subcontractors, and other personnel performing the permitting work are fully aware of the permits terms and conditions. Thereafter, the contractor will be held jointly liable for any violation of this Order resulting from failure to comply with its conditions. 36. The owners of the project and their successors in title agree that the Order does not in itself impose upon the Town any responsibility to maintain the proposed drainage system and that said Town shall not be liable for any damage in the event of failure. By acceptance of this Order, the owners agree to indemnify and hold harmless to the Town and its residents for any damage attributable to alterations undertaken on this property pursuant to the Order. Issuance of these Conditions does not in any way imply or certify that the site or downstream areas will not be subject to flooding, storm damage or any other form of water damage. PRIOR TO 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 it r r p pp , until all proceedings before the Department or Court have been completed. 242-1470,195 Bridle Path OOC.doc 3 NACC 2/19/2010 DEP FILE #242 - 1470 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 242-1470" 40. 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. No work shall begin on a project until written approval has been granted by the NACC. 41. It is the responsibility of the applicant, owner, and/or successor(s) to ensure that all conditions of this Order of Conditions are complied with. The project engineer and contractors are to be provided with a copy of this Order of Conditions and referenced documents before commencement of construction. 42. Prior to any work commencing on-site, the applicant shall submit to the NACC for approval, a detailed sequence of construction, including the construction of restoration areas, installation of sedimentation/erosion control devices and re-vegetation to be completed before other work begins on-site. Approval of the phasing plan is required prior to construction. 43. 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 erosion controls or temporary fencing and shall be confirmed by the NACC. Such barriers shall be checked and replaced as necessary and shall be maintained until all construction is complete. Workers should be informed that no use of machinery, storage of machinery or 242-1470,195 Bridle Path OOC.doc 4 NACC 2/19/2010 DEP FILE #242 - 1470 materials, stockpiling of soil, or construction activity is to occur beyond this line at any time. 44. 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 or its agent prior to the start of construction and shall remain intact until all disturbed areas have been permanently stabilized to prevent erosion. All erosion prevention and sedimentation protection measures found necessary during construction shall be implemented at the direction of the NACC or its agent. The NACC reserves the right to impose additional conditions on portions of this project to mitigate any impacts which could result from site erosion, or any noticeable degradation of surface water quality discharging from the site. For example, installation of erosion control measures may be required in areas not shown on the plan(s) referenced in this Order of Conditions. Should such installation be required by the NACC, they shall be installed within 48 hours of the Commission's request. 45. The applicant shall have on hand at the start of any soil disturbance, removal or stockpiling, a minimum of 8 hay bales and sufficient stakes for staking these bales (or an equivalent amount of silt fence, 1 hay bale to equal 3 feet of 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. 46. A check payable to the Town of North Andover shall be provided in the amount of$2,000 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. 47. The applicant shall designate a Wetland Scientist (or other environmental professional as approved by the NACC or its agent) as an"Erosion Control Monitor" to oversee any emergency placement of controls and regular inspection or replacement of 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. The Environmental Professional will immediately notify the Conservation agent of any matter that requires attention by the Commission or the-agent. The erosion control monitor will be required to inspect all such devices and oversee cleaning and the proper disposal of waste products. Cleaning shall include removal of any entrapped silt. At least once during each week in which construction activities occurs on-site and for as long thereafter 242-1470.195 Bridle Path OOC.doc 5 NACC 2/19/2010 DEP FILE #242 - 1470 as ground remains unstabilized, the applicant shall submit a written report from the "Erosion Control Monitor" to the NACC certifying that, to the best of his/her knowledge and belief based on a careful site inspection, all work is being performed in compliance with this Order of Conditions and that approved setbacks are being adhered to. The erosion control monitor must visually / inspect all sedimentation erosion control measures p and assume responsibility for their maintenance on a weekly basis and that they are functioning as intended. In addition, all wetland resource areas must be visually inspected for siltation, turbidity,and/or other water quality impacts. The Erosion Control Monitor shall be on site during and/or following a major storm event of 1" inch of rain or greater (24 hour event) to ensure that soils remain stable,and erosion controls are adequate and secure. 48. Prior to construction, the applicant shall permanently mark the edge of the "25-foot No- Disturbance Zone" or the stone wall where the existing limit of clearing is less that 25-feet with a minimum of six (6) wetland markers spaced evenly every 25 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. The markers shall remain posted and be replaced as necessary in perpetuity. 49. Prior to the commencement of any w--1— on site, a Registered Lana Surveyor (R.L.S.) shall stake the foundation corners of the proposed addition. These measurements will be verified in the field during the pre-construction meeting. 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 prior 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, 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 242-1470,195 Bridle Path OOC.doc 6 NACC 2/19/2010 DEP FILE #242 - 1470 Order of Conditions resulting from failure to comply with its conditions. The applicant or contractor shall notify the NACC in writing of the identity of the on-site construction supervisor hired to coordinate construction and to ensure compliance with this Order. A reasonable period of time shall be provided as notice of the pre-construction meeting(e.g. 72 hours). CTORMWATER MANAGEMENT CONDITIONS 52. 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. 53. Water quality in down gradient BVW's shall not differ significantly following completion of the project from the pre-development conditions. There shall be no sedimentation into wetlands or water bodies from discharge pipes or surface runoff leaving the site. DURING CONSTRUCTION 54. Upon beginning work, the applicant shall submit written monthly progress 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. 55. Accepted engineering and construction standards and procedures shall be followed in the completion of the project. 56. The contractor will take all steps necessary to control dust onsite so that adverse effects on adjacent resource areas and / or habitat do not occur. 57. 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. 58. The existing driveway shall serve as the construction access for the project and shall be swept daily to remove sediment deposited by construction vehicles accessing the site. If an alternative access is utilized, a crushed stone construction entrance shall be installed to minimize soil / material tracking onto Bridle Path. All construction vehicles must access the site through the construction entrance. This entrance shall be 242-1470,195 Bridle Path OOC.doc 7 NACC 2/19/2010 DEP FILE #242 - 1470 reinforced as necessary. A detail shall be provided to the Conservation Department prior to the start of construction. 59. 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. 60. Approved de-watering activities anticipated shall be supervised and witnessed by the designated erosion control monitor. This designee must be on-site while work specific to de-watering is occurring and until this section is complete. De-watering activities shall be conducted within the de-watering sump 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. 61. Any fill used in connection with this project shall be clean fill, contaft ung 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. 62. 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. 63. 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. 64. Construction equipment/vehicles shall not be staged overnight within 100 feet of a wetland resource area. 65. There shall be no stockpiling of soil or other materials within 100 feet of any resource area. Soils or other materials shall be stockpiled in locations approved by this 242-1470,195 Bridle Path OOC.doc 8 NACC 2/19/2010 DEP FILE #242 - 1470 department or within the designated areas as shown on the approved plan referenced herein. 66. Washings from concrete trucks, or surplus concrete, shall not be directed to, any drainage system, or wetland resource area. 67. All waste generated by, or associated with, the construction activity shall be contained within the limit of work, and away from any wetland resource area. There shall be no burying of spent construction materials or disposal of waste on the site by any other means. The applicant shall maintain dumpsters (or other suitable means) at the site for the storage and removal of such spent construction materials off-site. However, no trash dumpsters will be allowed within 50' of areas subject to protection under the Act or local ByLaw. 68. Accepted engineering and construction standards and procedures shall be followed in the completion of the project. 69. 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 70. 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. 71. Fertilizers utilized for landscaping and lawn care shall be slow release,low-nitrogen types (< 5%), and shall not be used within 25 feet of a resource area. Pesticides and herbicides shall not be used within 100 feet of a wetland resource area. This condition shall survive this Order of Conditions and shall run with the title of the property. This condition is issued under the authority of the Town's Wetland Protection ByLaw and shall remain in perpetuity. 72. Upon completion of construction and grading, all disturbed areas located outside resource areas shall be stabilized permanently against erosion. This shall be done by loaming and seeding according to NRCS standards. Stabilization will be considered complete once full vegetative cover has been achieved. 242-1470,195 Bridle Path OOC.doc 9 NACC 2/19/2010 DEP FILE #242 - 1470 73. 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. 74. Upon completion of the project the applicant shall submit the following to the Conservation Commission as part of a request for a Certificate of Compliance: a. WPA Form 8A - "Request for a Certificate of Compliance." b. A letter from the applicant requesting a Certificate of Compliance. c. The name and address of the current landowner. d. Signed statements from the individual property owners shall be submitted with the request for a Certificate of Compliance indicating that they read and understood the recorded Order of Conditions prior to purchasing their property. e. The name and address of the individual/trust or corporation to whom the compliance is to be granted. 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 any disturbance of soils or vegetation. ➢ Location of all subsurface utilities entering the property. 75. The following special conditions shall survive the issuance of a Certificate of Compliance (COC) for this project: 242-1470,195 Bridle Path OOC.doc 10 NACC 2/19/2010 DEP FILE #242 - 1470 ➢ 25' No-Disturbance Zone and a 50' No-Construction Zone shall be established from the edge of adjacent wetland resource areas except in those locations approved under DEP# 242-1470. Future work within 100' of existing wetland resource areas will require a separate filing with the NACC (refer to Section 3.4 (page 15) of the Regulations for performance standards within these zones) The Conservation Administrator and/or other agents of the NACC do not have the authority to waive these setbacks as established under the local ByLaw; ➢ Resource Area Markers (Condition#48); ➢ Discharge or spillage of pollutants (Condition #69); ➢ Prohibition of underground fuels (Condition#70); ➢ Limitations on the use of fertilizers,herbicides, and pesticides (Conditions #71). 242-1470,195 Bridle Path OOC.doc 11 NACC 2/19/2010 LlMassachusetts Department of Environmental Protection Provided by MassDEP: Bureau of Resource Protection -Wetlands 242-1470 WPA Form 5 - Order of Conditions MassDEP File# Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 eDEP Transaction# North Andover City/Town E. Signatures This Order is valid for three years, unless otherwise specified as a special 19 condition pursuant to General Conditions#4,from the date of issuance. 1.Date of Issuance 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 property owner,if different from applicant. Signatures: xio6 ❑ by hand delivery on ['/by certified mail, return receipt requested,on Date Date F. Appeals The applicant, the owner, any person aggrieved by this Order, any owner of land abutting the land subject to this Order, or any ten residents of the city or town in which such land is located, are hereby notified of their right to request the appropriate MassDEP 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 providing written information to the Department prior to issuance of a Superseding Order. The request shall state clearly and concisely the objections to the Order which is being appealed and how the Order does not contribute 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. wpaform5.doc- rev.12/23/09 Page 11 of 12 LlMassachusetts Department of Environmental Protection Provided by MassDEP: Bureau of Resource Protection -Wetlands 242-1470 WPA Form 5 - Order of Conditions MassDEP File# Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 eDEP Transaction# North Andover City/Town 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 this page 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: 195 Bridle Path 242-1470 Project Location MassDEP File Number Has been recorded at the Registry of Deeds of: Essex North County Book Page for: Property Owner and has been noted in the chain of title of the affected property in: Book Page In accordance with the Order of Conditions issued on: Date If recorded land, the instrument number identifying this transaction is: Instrument Number If registered land, the document number identifying this transaction is: Document Number Signature of Applicant wpaform5.doc• rev.12/23/09 Page 12 of 12 DEP FILE 4 242 - 1470 APPENDIX A - AFFIDAVIT I on oath do hereby depose and state: (authorized agent applicant and/or current owner) (PLEASE CHECK AT LEAST ONE BLOCK) 1. I am the of (position with applicant) (applicant name or company name) the applicant upon whom Order of Conditions have been placed upon by (DEP or NACC number) the North Andover Conservation Commission. &/or 2. I am the of (position with owner) (owner name) the owner upon whose land Order of Conditions have been placed up by (DEP or NACC number) the North Andover Conservation Commission, 3. 1 hereby affirm and acknowledge that I have received said Order of Conditions and have read the same and understand each (DEP File#) and every condition which has been set forth in said Order of Conditions. 4. 1 hereby affirm and acknowledge that on this - day of 19 I inspected said property together with any and all improvements which have been made to the same and hereby certify that each and every condition set forth in Order of Conditions are presently in compliance. (DEP File#) 5. I hereby affirm and acknowledge that this document will be relied upon by the North Andover Conservation Commission as well as any potential buyers of said property which is subject to said Order of Conditions (DEP File#) Signed under the pains and penalties of perjury this day of 19 (Signature-authorized agent of applicant or owner) 242-1470,195 Bridle Path OOC.doc 12 NACC 2/19/2010 I 1 L11Massachusetts Department of Environmental Protection Bureau of Resource Protection - Wetlands MassDEP File Number: WPA Form 5 - Order of Conditions 242-1420 Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 A. General Information Important: North Andover When filling 1. From: Conservation Commission out forms on the computer, 2. This issuance is for(check one): a. ® Order of Conditions b. ❑ Amended Order of Conditions use only the tab key to 3. To: Applicant: move your cursor-do not Robert Ercolini use the return a. First Name b.Last Name key. NA Great Pond Road Limited Partnershp c.Organization tQ 195 Bridle Path d. Mailing Address North Andover MA 01845 e.City/Town f.State g.Zip Code 4. Property Owner(if different from applicant): a.First Name b.Last Name c.Organization d. Mailing Address e.City/Town f.State g.Zip Code 5. Project Location: 880 Great Pond Road North Andover a.Street Address b.City/Town Map 103 Parcel 111 c.Assessors Map/Plat Number d. Parcel/Lot Number An A4 71-05-OOW Latitude and Longitt Vi�101 f.Longitude 6. Property recorded a To C e &eqdS�N1.(/ rmation if more than one parcel): Essex North ` a.County �� �`�K er(if registered land) 115 c. Book 7. Dates: 12/10/ �dQbd�t _ 4/29/08 a.Date c.Date of Issuance 8. Final Approved Plan C)V1 h 14 r document references as needed): Plan Showing Propc a. Plan Title Andover Consultant: aod, P. E. b. Prepared By ped by revised 4/2/08 d. Final Revision Date f.Additional Plan or Document Title g.Date L.f.,ml.d.c• rev.2/27/08 Page 1 of 10 ESSEX z LAKE / co�ti��F STREET r COCH I CH E WI CK SITE 0 FLOODPLAIN BOUNDARY NOTE: ROP Z PROPERTY LINE IS ALONG THE GREAT >0 '� EDGE OF LAKE COCHICHEWICK ON Z L 2 OI Z Z C f LOCUS PLAN SCALE: 1 "=800' ROOF RUNOFF CALCULATIONS LOT 8 0.5 in. RAIN-.04166 FT. OF RAIN VOL.-4,475 S.F. X .04166 FT.-186 cu. ft. LAND COURT PLAN #20252D USING A VOID RA110 OF 0.4 2.4 ACRESf 1.5' X 6' X 0.4 X 52'=187 cu. ft. PROVIDE 52' TRENCH (1.5' X 6') ISH GRADE I 6' PERFORATED PVC PIPE (PERFORATIONS DOWN) ND STONE / FLOODPLAIN WITH FILTER FABRIC BOUNDARY (BOTTOM, SIDES AND TOP) I 3/4' - 1-1/2' CRUSHED STONE 61-00 INFILTRATION TRENCH LAKE NOT TO SCALE LOCATION OF BRIDGE COCH I CH E WI CK � �O AT THE TIME OF 3e" MIN. Wood OR STEEL POST �� SURVEY IN 2005 / DRIVEN IAN. 16' INTO GROUND 20 co N89. ..?B, ----- e' o.c. _ FILTER FABRIC � \ / -P_6SO STAPLED TO POSTS OR TT EQUA EROSION CONTROL FABRIC ]ID -w 1r 'LL EDGE OF WATER AIN. d' DEEP TRENCH U ANCHOR END OF FABMC AIL WITH MATERIAL RE]AOVED n / -6A - - - 5A \ IL MOM TRENCH / - 4A FABRIC SILTATION FENCE DETAIL , — — \ 111L PROP. SILTFENCE do NOT TO SCALE) � ' / \ V HAYBALE BARRIER / STRAW OR HAY / \ SALES WOODEN STAKES // O (2 PER BALE) 3A AL PROP. CELLAR DRAIN ✓PA \ O / •.w : \ ` -114 INV. OUT=117.0' / � /116 •• • // / \\ : \\ AIL AL END C20 HAY BALE SILTATION BARRIER DETAIL NOT TO SCALE 9A / / ��� 2 \ AL DONALD E. N/F& A toA LAURIE B. Q JAEKLE I DECK \ AL \ _ _ - - • / O � 1A JLREMOVE A // •, / EXISTING ` W I / / ,.• \/ 1 I WELLING + W \ I N/F AIL � ` v RONALD C. & KAREN M. McCLUSKEY I \ ' I / N AL � / / •• RD RD / 12A �/ / f � ' 1--- --53.6=-T------ \ '. �- �I • r uI ,L / Q // d/ �� /. \ � PROPOSED � � \ � •• 30 S 1 � �� i OWEWNC I�—�=' — — BIZ C.F.-119.0' : colo �"�• AL // // / / ; /�\\ i TOP FDN.-126.7, \ \ DIN F.F. 127.9 \ 0 AIL /13A iy SP-2 I ,► I I• �\ \ i NAIL BENC N 24" POPLAR H MARK �, I -�--�-41.0= ----�-�� v -1201 ELEV.•122,42 _w 14Y .- \ �1 .,IIIA I 14AA / \ I N �\ N i PROP. RETAINING WALL / 1 I \ i I TOP OF WALL=122.9' � � • I Alt AL 15A \ \ \ r - \ AIL \'• \\ X24 0 GAR. \ \ PROP. INFILTRATION TRENCH \ \ •\ �?� !. s��\ -125.0' BOTTOM=118.7 AL AIL \ / �/ •�� I AIL •'• � i�� 122 PROP. LIMIT OF CLEARING / .•'•• \ / � � >>6� AL 16A <j 3` AL AIL AL PROP. SILTFENCE dt �Q` HAYBALE BARRIERAIL 17A PROP. CLEANOUT / I Q� `TO GRADE W // I Q• O D.H.(FND.) 61.28• \\ �1t8A I II o ry 1 0.37' s - 36" RCP 1 / '150 W 30.13' ��01 \ INV.-117.01v.-117.01 I _ _ S74617 20-W - AL 1100 I - -100 -BNS - - - rcbU.P.#132 D.H.(FN D.) D.H.(FN D.) 217.80' S7308'3 " / r 19A ,- -�/ I ZO/ SMH S �� - - - - - � - - - - - - -A / � � _ AL RI =126.08 \ - - - - - 21A AkUL — — EDGE OF PAVEMENT-/T _ _ S / U.P-#129 cic - - - - - - - EDGE OF PAVEMENT S SMH SMH - - - � - - - � IM-128.17 RIM=122.93 L - , - S - - _ - - N IS 36" RCP BENCH MARK APPROX. LOCATION - - - - INV.=118.43 NAIL IN BACK SIDE EXISTING WATER SERVICE OF U.P.41130 APPROX. LOCATION EAT D ELEV.-123-56 EXISTING SEWER SERVICE, LEGEND: 6A& WETLAND FLAG R 0 D EXISTING CONTOUR (220) PROPOSED CONTOUR GENERAL NOTES: PLAN SHOWING PROPOSED DWELLING 1.) WETLANDS WERE FLAGGED BY STEVEN ERIKSEN OF �`-S EXISTING SEWER NORSE ENVIRONMENTAL SERVICES ON MARCH 13, 2006. 880 GREAT POND R 0 AD 179x2 EXISTING SPOT GRADE 2.) THE BUILDING SITE IS NOT WITHIN THE 100-YEAR FLOOD PLAIN NORTH ANDOVER MAS S AS IDENTIFIED ON FEMA FLOOD INSURANCE RATE MAP COMMUNITY >, • EXISTING DRILL HOLE PANEL 2500980005C. x (179'2) PROPOSED SPOT GRADE SCALE: 1 =20 ' DATE: DECEMBER 3, 2007 . 103 TO 3.) THE ENTIRE LOT IS IN THE LAKE COCHICHEWICK TOWN MAP N0WN LOT NO. 111 RD PROPOSED ROOF DRAIN WATERSHED PROTECTION OVERLAY DISTRICT. CD PROPOSED CELLAR DRAIN JH of d a n d o ve r '�� WILLIAM S. MacLEOD ' RECORD OF OWNER: consultants Noc3i8 N NA GREAT POND LIMITED PARTNERSHIP inc. 55 SUMMER STREET "AL \05-49\dwg\SITE.dwg BOSTON, MA 02205 1 East River Place William S. MacLeod Methuen, Mass. 01844 Reg. Prof. Engineer