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Home My WebLink AboutMiscellaneous - 358 DALE STREET 4/30/2018 (2)Massachusetts Department of Environmental Protection ProvidedbyMassDEP. ;- Bureau of Resource Protection - Wetlands MassDEP Fite#242-1552 WPA Form 5 - Order of Conditions eDEP Tim #:467770 CilyfflownNORTH ANDOVER Massachusetts Wetlands Protection Act M.G.L. c, 131, §40 A. General Information 1. Conservation Commission NORTHANDOVER 2. Issuance a r OOC b. F Amended OOC 3. Applicant Details a. Fust Name STEPHEN b Last Name SMOLAK c. Organization d Mailing Address 762 DALE STREET e. CityfTown NORTH ANDOVER f. State MA g. Zip Code 01845 4. Property Owner a. First Name EDWARD b. Lasa Name WELCH a Organization E C W TRUST d Mar3brg Address 54 CHANDLER LEDGE ROAD e. Cityffown MILAN f. State NH g. Tap Code 03588 5. Project Location a.Strect Addresst - 358 DALE STREET ^ _� b.Cityfrown NORTH ANDOVER✓ c. Tp Code 01845 d. Assessors MaplPlat# 64 e. ParceVIA0 26 f. Latitude 42.68303N g. Lon&AC 71.08713W 6. Property recorded at the Registry of Deed for. a. County b. Certificate c. Book d. Page NORTHERN ESSEX 3370 99 7.Dates a. Date NO] Filed: 4f18f2012 b Date Public Hearing Ckmcl: 425M12 c. Date Of Issuance: 5110f2012 8.Final Approved Plains and Other Documents a. Plan Title: b. Plan Prepared by: c. Pian Signed/Stamped by: d. Revised Final Date: e. Scale: SITE PLAN IN ENGINEERING AND NORTH ANDOVER, SURVEYING PATRICK L. BOWER, P.E. March 27, 2012 1 "=20' MA 358 DALE SERVICES STREET B. Findings Page I of 10 0 ELECTRONIC COPY Massachusetts Department of Environmental Protection Provided byMassDEP: -- Bureau of Resource Protection - Wetlands MassDEP File #:242-1552 , WPA Form 5 - Order of Conditions eDEP Transaction #:467770 Massachusetts Wetlands Protection Act M.G.L. e. 131, §40 City/fown:NORTHANDOVER `�R l .Findings pursuant to the Massachusetts Wetlands Protection Act Following the review of the the above -referenced Notice of Intent and based on the information provided in this application and presented at the public hearing, this Commission finds that the areas in which work is proposed is significant to the following interests of the Wetlands Protection Act. Check all that apply: a. )✓ Public Water Supply b. r— Land Containing Shellfish c, r Prevention of Pollution d. r Private Water Supply e. r Fisheries f, r Protection of Wildlife Habitat g. r Ground Water Supply h. r Storm Damage Prevention i. F Flood Control 2. Commission hereby finds the project, as proposed, is: Approved subject to: a. r The following conditions which are necessary in accordance with the performance standards set forth in the wetlands regulations. This Commission orders that all work shall be performed in accordance with the Notice of Intent referenced above, the following General Conditions, and any other special conditions attached to this Order. To the extent that the following conditions modify or differ from the plans, specifications, or other proposals submitted with the Notice of Intent, these conditions shall control. Denied because: b. f 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 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. f 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 interests ofthe Act, 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). 3. r Buffer Zone lmpacts:Shortest distance between limit of project disturbance and the wetland resource 75 area specified in 310CMR10.02(1)(a). a. linear feet Inland Resource Area Impacts:(ForApprovals Only): Resource Area Proposed Permitted Proposed Permitted Alteration Alteration Replacement Replacement 4. F Bank a linear feet b. linear feet c. linear feet d. linear feet 5. r— Bordering Vegetated Wetland a square feet b. square feet C. square feet d. square feet 6. r Land under Waterbodies and Waterways a. square feet b. square feet C. square feet d. square feet e. ely dredged f, dy dredged Page 2 of 10 * ELECTRONIC COPY Massachusetts Department of Environmental Protection Provided by MassDEP: Bureau of Resource Protection - Wetlands MassDEP File #:242-1552 WPA Form 5 - Order of Conditions eDEP Transaction #:467770 Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 City/rown:NORTHANDOVER 7.1— Bordering Land Subject to Flooding Coastal Resource Area Impacts: Resource Area 10. r Designated Port Areas 1 I. r Land Under the Ocean 12.1— Barrier Beaches 13. r- Coastal Beaches 14. r- Coastal Dunes 15. r Coastal Banks 16. r Rocky Intertidal Shores 17. r Salt Marshes 18. r Land Under Salt Ponds 19. r Land Containing Shellfish Proposed Permitted Proposed Permitted Alteration Alteration Replacement Replacement Indicate size under Land Under the Ocean, below a. square feet b. square feet C. cly dredged d. c/y dredged Indicate size under Coastal Beaches and/or Coastal Dunes below a. square feet b. square feet c, cly nourishment d. cly nourishment a. square feet b. square feet c. cly nourishment d. cly nourishment a linearfeet b. linear feet a square feet b. square feet a. square feet b. square feet c. square feet d. square feet a. square feet b. square feet c. c/y dredged d. c/y dredged Page 3 of 10 * ELECTRONIC COPY 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 8. r 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 9. r Riverfront 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: Resource Area 10. r Designated Port Areas 1 I. r Land Under the Ocean 12.1— Barrier Beaches 13. r- Coastal Beaches 14. r- Coastal Dunes 15. r Coastal Banks 16. r Rocky Intertidal Shores 17. r Salt Marshes 18. r Land Under Salt Ponds 19. r Land Containing Shellfish Proposed Permitted Proposed Permitted Alteration Alteration Replacement Replacement Indicate size under Land Under the Ocean, below a. square feet b. square feet C. cly dredged d. c/y dredged Indicate size under Coastal Beaches and/or Coastal Dunes below a. square feet b. square feet c, cly nourishment d. cly nourishment a. square feet b. square feet c. cly nourishment d. cly nourishment a linearfeet b. linear feet a square feet b. square feet a. square feet b. square feet c. square feet d. square feet a. square feet b. square feet c. c/y dredged d. c/y dredged Page 3 of 10 * ELECTRONIC COPY Massachusetts Department of Environmental Protection Provided by MassDEP: Bureau of Resource Protection - Wetlands MassDEP File #:242-1552 WPA Form 5 - Order of Conditions eDEP Transaction #:467770 Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 Cityfrown:NORTB ANDOVER a. square feet b. square feet c. square feet d. square feet Indicate size under Coastal Banks, inland Bank, Land Under the 20. r Fish Runs Ocean, and/or inland Land Under Waterbodies and Waterways, above 21. r Land Subject to Coastal Storm Flowage c. cly dredged d. cty dredged a square feet b. square feet 22. r' Restoration/Enhancement (For Approvals Only) If the project is for the purpose of restoring or enhancing a wetland resource area in addition to the square footage that has been entered in Section B.5.c & d or B.17.c & d above, please entered the additional amount here. a square feet of BVW b. square feet of Salt Marsh 23. F Streams Crossing(s) If the project involves Stream Crossings, please enter the number of new stream crossings/number of replacement stream crossings. 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 lime 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 lest 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 exceed the issuance date of the original Final Order of Conditions. 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. Page 4 of 10 * ELECTRONIC COPY Massachusetts Department of Environmental Protection Provided byMassDEP: `- Bureau of Resource Protection - Wetlands MassDEP File #:242-1552 WPA Form 5 - Order of Conditions eDEP Transaction #:467770 Massachusetts WetlandsProtectionAct M.G.L. c. 131, §40 City/Town-NORTH ANDOVER 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 :"242-1552" 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 Mass DEP. 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 #13 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 ofEnvironmental 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. 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) r- is not (2) r subject to the Massachusetts Stormwaier Standards. If the work is subject to 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 Pollutant Discharge Elimination System Construction General Permit as required by Stormwater Standard 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 Page 5 of 10 * ELECTRONIC COPY Massachusetts Department of Environmental Protection Provided by MassDEP: Bureau of Resource Protection- Wetlands MassDEP File #:242-1552 WPA Form S - Order of Conditions eDEP Transaction #:467770 Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 City/Town:NORTH ANDOVER BMP plans are included, signed and stamped by a Registered Professional Engineer, certifying the site is fully stabilized; N. 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 am in proper working condition; v. any vegetation associated with post -construction BMPs is suitably established to withstand erosion. 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 19(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 shall 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 Pollutant Discharge Elimination System Multi -Sector General PCrmit. 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 19(i) through 19(k) with respect to that BMP. Any failure of the proposed responsible party to implement the requirements of Conditions 19(f) through 19(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. 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 withal] applicable federal, state, and local laws and regulations. r) 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. Ij 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. Page 6 of 10 * ELECTRONIC COPY Massachusetts Department of Environmental Protection Provided by MassDEP: `. Bureau of Resource Protection - Wetlands MassDEP File #:242-1552 WPA Form 5 - Order of Conditions eDEP Transaction #:467770 Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 City/Town:NORTHANDOVER Special Conditions: SEE ATTACHED. Page 7 of 10 * ELECTRONIC COPY Massachusetts Department of Environmental Protection Provided by MassDEP: `. Bureau of Resource Protection - Wetlands MassDEP File 4:242-1552 WPA Form 5 - Order of Conditions eDEP Transaction 9:467770 Massachusetts Wetlands Protection Act M.G.L. c. 131, §44 City/Town:NORTH ANDOVER D. Findings Under Municipal Wetlands Bylaw or Ordinance 1. Is a municipal wetlands bylaw or ordinance applicable? F Yes r No 2. The Conservation Commission herebylcheck one that applies): a. r DENIES the proposed work which 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 or Conditions is issued. Which are necessary to comply with a municipal ordinance or bylaw: b. r APPROVES the proposed work, subject to the following additional conditions. NORTH ANDOVER 1. Municipal Ordinance or Bylaw WETLANDS PROTECTION BYLAW 2. Citation CHAPTER 178 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: REATTACHED. Page 8 of 10 * ELECTRONIC COPY Massachusetts Department of Environmental Protection Provided by MassDEP: �.-- Bureau of Resource Protection - Wetlands MassDEP File #:242-1552 � WPA Form 5 - Order of Conditions eDEP Transaction #:467770 i \' Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 City/Town—.NORTH ANDOVER E. Signatures This Order is valid for three years from the date of issuance, unless otherwise specified 5-11611a pursuant to General Condition #4. If this is an Amended Order of Conditions, the Amended 1. Date of Original Order Order expires on the same date as the original Order of Conditions. 1 Please indicate the number of members who will sign this form. This Order must be signed by 2 Number of Signers a majority of the Conservation Commission The Order must be mailed by certified mail (return receipt requested) or hand delivered to the applicant A copy also must be mailed or hand delivered at the same time to the appropriate Department of Environmental Protection Regional Office, if not filing electronically, and the property owner, if different from applicant. Signatures: d delivery on Date F. Appeals rP"'b'y certified mail, return receipt requested, on Date 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 for 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 (3 10 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. Page 9 of 10 * ELECTRONIC COPY Massachusetts Department of Environmental Protection Provided by MassDEP: �. Bureau of Resource Protection - Wetlands MassDEP File #:242-1552 \ ! WPA Form 5 - Order of Conditions eDEP Transaction #:467770 Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 Cttylrown:NORTHANDOVER 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: 358 DALE STREET 242-1552 Project Location MassDEP File Number Has been recorded at the Registry of Deeds of: County Book Page for: Property Owner EDWARD WELCH 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: InstrumentNumber If registered land, the document number identifying this transaction is: Document Number Signature of Applicant nt. 411n0m Page 10 of 10 * ELECTRONIC COPY DEP FILE # 242-1552 Therefore, the North Andover Conservation Commission (hereafter the "NACU) hereby finds that the following conditions are necessary, in accordance with the Performance Standards set forth in the State Regulations, the local ByLaw and Regulations, to protect those interests noted above. The NACC orders that all work shall be performed in accordance with said conditions and with the Notice of Intent referenced below. To the extent that the following conditions modify or differ from the pla�ecifications or other proposals submitted with the Notice of Intent, the conditions shall control. 11 GENERAL CONDITIONS 20. The proposed work includes: clearing and grading to construct a single family home. The proposed dwelling is located just outside of the 100 foot buffer zone to Bordering Vegetated Wetland (BVW). Landscaping with native plants is also proposed. 21. The work shall conform to the following (except as noted in the remainder of this document where revisions may be required): Notice of Intent filed by: Greg Saab Engineering and Surveying Services (ESS) 70 Bailey Court Haverhill, MA 01832 Filed: April 13, 2012 Property Owner: Edward Welch E C W Trust 54 Chandler Ledge Road Milan, NH 03588 Project Address: 358 Dale Street North Andover, MA 01845 Site Plans prepared by: Engineering and Surveying Services Titled: Site Plan in North Andover, Mass. 358 Dale Street, Map 64 Lot 26 Dated: December 14, 2011 Last Revised: March 27, 2012 Signed and Stamped by Patrick L. Bower, PE Other Record Documents: Letter from Division of Fisheries & Wildlife NHESP File No.: 12-30708 Date: April 25, 2012 22. 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 242-1552,358 Dale Street 1 NACC 5/I012012 DEP FILE # 242-1552 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. 23. 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. 24. 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. 25. 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. 26. This Order does not relieve the permittee or any other person of the necessity of complying with all other applicable federal, state or local statutes, ordinances, by-laws or regulations. 27. The work authorized hereunder shall be completed within three years from the date of this order. 28. 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). 29. 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. 30. 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. 242-1552, 358 Dale Street 2 NACC 5/10/2012 DEP FILE # 242-1.552 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 agrees with the applicant's delineation of the wetland resource areas on the site as shown on the plans dated referenced herein and as approved in the Order of Resource Area Delineation (ORAD) issued under DEP File #242-1552. 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 twe= 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 as shown on the herein referenced plan. The Conservation Administrator and/or other agents of the NACC do not have the authority to waive these setbacks as established under the local bylaw. No disturbance of existing grade, soils or vegetation is permitted in the No -Disturbance zone. (See Section 3.4 & Appendix F of the Iocal Regulations). Furthermore a limit of clearing has been established and approved by the Planning Board under a Watershed Special permit. Further changes to the limit of clearing on the lot would also need the approval of NHESP. 35. The Planning Board Watershed Special, Permit requests a planting plan for the site prior to the issuance of a Building Permit. The applicant shall submit a copy of said plan to the Conservation Department. Plantings within the Buffer Zone to BVW will be native species. 36. 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. 37. 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 242-1552, 358 Dale Street 3 NACC 5/10/2012 DEP FILE # 242-1552 imply or certify that the site or downstream areas will not be subject to flooding, storm damage or any other form of water damage. it PRIOR TO CONSTRUCTION 0 38. No work shall be undertaken until all administrative appeal periods from this Order have elapsed or, if such an appeal has been filed, until all proceedings before the Department or Court have been completed. 39. 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. 40. 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 242-1552." 41. Any changes in the submitted plans caused by the applicant, another Board's decision or resulting from this Order of Conditions must be submitted to the NACC for approval prior to implementation. If the NACC finds said changes to be significant, the NACC will call for another public hearing (at the expense of the applicant). Within 21 days of the close of said public hearing the NACC will issue an amended or new Order of Conditions. Any errors found in the plans or information submitted by the applicant shall be considered as changes. No work shall begin on a project until written approval has been granted by the NACC. 42. It is the responsibility of the applicant, owner, and/or successor(s) to ensure that all conditions of this Order of Conditions are complied with. The project engineer and contractors are to be provided with a copy of this Order of Conditions and referenced documents before commencement of construction. 43. Prior to any work commencing on-site, the applicant shall submit to the NACC for approval, a detailed sequence of construction, including the installation of sedimentation/ erosion control devices, installation of drainage, dwelling construction, buffer zone restoration, and final stabilization on-site. 242-1552, 358 Dale Street 4 NACC 5/10/2012 DEP FILE # 242-1552 44. Wetland flagging shalt 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 materials, stockpiling of soil, or construction activity is to occur beyond this line at any time. 45. Erosion controls, as detailed on the herein referenced plan, shall be placed between all construction areas and downgradient resource areas. 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 Commissions request. 46. The applicant shall have on hand at the start of any soil disturbance, removal or stockpiling, a minimum of 30 additional feet of filter sock or 10 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 sock/bales shall be used only for the control of emergency erosion problems and shall not be used for the normal control of erosion. 47. A check payable to the Town of North Andover shall be provided in the amount of $1,500 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. 242-1552, 358 Dale Street 5 NACC 5/10/2012 DEP FILE # 242-1552 48. The applicant shall be responsible for placing signs on each parcel, where there is more than one (1) lot, designating the applicable lot number as depicted on the plans approved and referenced herein. 49. 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. Proof of the retained monitor must be submitted to the Conservation Department on letterhead by the retained consulting firm. This person shall be given the authority to stop construction for erosion control purposes. 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. 50. At least once during each week in which construction activities occurs on-site and for as long thereafter as ground remains unstabilized, the applicant shall submit a written report including photos 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 con' trol measures and assume responsibility for their maintenance on a weekly basis and that they are functioning as intended. In addition, all wetland resource areas must be visually inspected for siltation, turbidity, and/or other water quality impacts. The Erosion Control Monitor shall be on site during and/or following a major storm event of I/z" inch of rain or greater (24 hour event) to ensure that soils remain stable, and erosion controls are adequate and secure 51. Per agreement during the public hearing process, the applicant shall permanently mark the north and east sides of the limit of clearing with nine (9) signs or markers spaced evenly every 30 feet incorporating the following text: "Protected Wetland Resource Area" and the associated rules (6 round and 3 square). This will designate the resource area sensitivity and assure no further inadvertent encroachment into the wetland/limit of clearing. 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. These markers shall remain posted and be replaced as necessary in perpetuity. Markers are available from the Conservation Department ($2 round/$3 square). 52. 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 242-1552, 358 Dale Street 6 NACC 5/10/20I2 DEP FILE # 242-1552 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 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. 53. Once these above mentioned pre -construction requirements are complete, the applicant shall contact the Conservation Office prior to site preparation or construction and shall arrange an on-site conference with an NACC representative, the contractor, the engineer or environmental monitor, and the applicant to ensure that all of the Conditions of this Order are understood. This Order shall be included in all construction contracts, subcontracts, and specifications dealing with the work proposed and shall supersede any conflicting contract requirements. The applicant shall assure that all contractors, subcontractors and other personnel performing the permitted work are fully aware of the permit's terms and conditions. Thereafter, the contractor will be held jointly liable for any violation of this Order of Conditions resulting from failure to comply with its conditions. The applicant or contractor shall notify the NACC in writing of the identity of the on-site construction supervisor hired to coordinate construction and to ensure compliance with this Order. A reasonable period of time shall be provided as notice of the pre -construction meeting (e.g. 72 hours). IISTORMWATER MANAGEMENT CONDITIONS IN 54. 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 • • 55. A copy of the foundation as -built shall be submitted to the Conservation Department upon completion. 56. Upon beginning work, the applicant shall submit written progress reports every month detailing what work has been done in or near resource areas, and what work is anticipated to be done over the next period. This will update the construction sequence. 57. De -watering activities are not anticipated as part of the proposed project. No discharge of water is allowed directly into an area subject to jurisdiction of the 242-1552, 358 We Street 7 NACC 5/10/2012 DEP FILE # 242-1552 Wetlands Protection Act and/or the North Andover Wetland Bylaw. If emergency de- watering requirements arise, the applicant shall submit a contingency plan to the Commission for approval, which provides for the pumped water to be contained in a settling basin, to reduce turbidity prior to discharge into a resource area. 58. Any fill used in connection with this project shall be clean fill, containing no trash, refuse, rubbish or debris, including but not limited to lumber, bricks, plaster, wire, lath, paper, cardboard, pipe, tires, ashes, refrigerators, motor vehicles or parts on any of the foregoing. 59. 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 or other stabilization method (as directed by the Conservation Department) 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 as directed by the NACC. 60. No re -grading in the buffer zone shall have a slope steeper than 2:1 (horizontal: vertical). Slopes of steeper grade shall be rip -rapped to provide permanent stabilization. 61. There shall be no stockpiling of soil or other materials within 100 -feet of any resource area. Stockpile locations shall conform to the approved plan. 62. Washings from concrete trucks, or surplus concrete, shall not be directed to, any drainage system, or wetland resource area. If truck washing is necessary an area shall be designated and approved by the Conservation Department. 63. 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. 64. Accepted engineering and construction standards and procedures shall be followed in the completion of the project. 65. 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 242-1552, 358 Dale Street 8 NACC 5/10/2012 DEP FILE # 242-1552 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 a-- v disturbance of soils or vegetation. ➢ Location of all subsurface utilities entering the property. 72. The following special conditions shall survive the issuance of a Certificate of Compliance (COC) for this project: ➢ 25' No -Disturbance Zone and a 50' No -Construction Zone shall be established from the edge of adjacent wetland resource areas on lot except in those locations approved under DEP # 242-1552. Future work within 100' of existing wetland resource areas will require a separate filing with the NACC (See Section 3.4 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 #51) ➢ Discharge or spillage of pollutants (Condition #65); ➢ Prohibition of underground fuels (Condition #66); 242-1552, 359 Dale Street 10 NACC 5/10/2012 DEP FILE # 242-1.552 100 feet of wetland resource areas, and no vehicle refueling, equipment lubrication, or maintenance is to be done within 100 feet of a resource area. If AFTER CONSTRUCTION 66. 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. 67. Fertilizers utilized for landscaping and Iawn care shall be slow release, low -nitrogen, low phosphorous 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. 68. There shall be no dumping of leaves, grass clippings, brush, or other debris into a wetland resource area or beyond the limits of clearing. This condition shall remain in perpetuity. 69. 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. 70. 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. 71. 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 242-1552, 358 Dale Street 9 NACC 5/10/2012 DEP FILE # 242-1552 ➢ Limitations on the use of fertilizers, herbicides, and pesticides (Conditions #67); ➢ Prohibition of dumping of leaves, grass clippings, brush, or other debris (Condition #68); 242-1552, 358 Date Street I I NACC 5/10/2012 DEP FILE # 242-1552 APPENDIX A - AFFIDAVIT 1, S�'�4G(e h �� ! on oath do hereby depose and state: (authorized agent applicant and/or current owner) (PLEASE CHECKAT LEAST ONE BLOCK) 1. I am the d Ulti ee' of ( position with applicant) (applicant name or company name) the applicant upon whom Order of Conditions g I_ have been placed upon by (DEP or NACC number the North Andover Conservation Commission. 2. 1 am the &/or of (position with owner) (owner name) the owner upon whose land Order of Conditions have been placed up by (DEP or NACC number) the North Andover Conservation Commission. 3. I hereby affirm and acknowledge that I have received said Order of Conditions and have read the same and understand each (DBP File #) and every condition which has been set forth in said Order of Conditions. & 4. I hereby affirm and acknowledge that on this IL day of _,(: V 19_2-- 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 Z;are presently in compliance. .(DEP File #) 5. 1 hereby affirm and acknowledge that this document will be relied upon by the North Andover Conservation Commission as well as any potential buyers of said property which is subject to said Order of Conditions Z�10 (DEP File #) Signed under the pains and penalties of perjury.this _ day of, ." �?— i griare -authorized agent of applicant or owner) 242-1552, 358 Dale Street 12 NACC 5/10/2012 Bk 12965 Ps2_237 15480 a 12 ro .3,3io f i I•'r' 0;"' E 1lif_'i) 1� , . I r „ Town of North Andover' Pi � i��; Office of the Planning Department 20 12 HA Y -1 2.3 Community Development and Services Divisii c);;: (;.: 1600 Osgood Street IJAq 'S? t� f` "' ' North Andover, Massachusetts 01845 r,G(�j;;,,..r. NOTICE OF DECISION - REVISED Any appeal shall be filed within (20) days after the date of filing this notice in the office of the Town Clerk, Revised Date: May 7, 2012 Date of Hearings: March 20, 201.2, April 3, 2012, May 1, 2012 Date of Decision: May 1, 2012 Petition oh Stephen SnroIalc, 762 Dale St., North Andover, MA 01845 Premises Affected: 358 Dale Street, North Andover, Massachusetts, 01845. Assessor's Map 64, Parcel 26 and located in the Residential I Zoning Distdct, Referring to the above petition for a Watershed Special Permit from the requirements of the North Andover Zoning Bylaw, Sections 4.136 & 10.3. So as to allow the contraction of a ne%v single-family dwelling, with a driveway, landscaping, utilities, the installation of stor7mvater management system within the 325 foot Not: -Discharge Zone of the Watershed Protection District, and grading and vegetation clearing within the 100 foot Non -Disturbance Zone 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: roh nnirrg Hoard m Simons Timothy Seibert Michael Colantoni Dave Kellogg This is to certify that twenty (20) days have elapsed from date of decision, filled without filing of an appeal. Dake 2jZ" 4� �4 JoyOe A,bradshaw Town Clark ATTEST; A True Copy Town Clerk 358 Dale Street, Map 64 Lot 26 Watershed Special Permit --New Single -Family Residence May 1, 2012 The public hearing on the above referenced application was opened on March 20, 2012 closed by the North Andover Planning Board on May 1, 2012. On May 1, 2012 upon a motion made by D. Kellogg and seconded by T. Seibert to GRANT a Watershed Special Permit to allow the construction of a new single -fancily dwelling, with a driveway, landscaping, utilities and the installation of stormwater management system within the 325 foot Non -Discharge Zone of the Watershed Protection District, and grading and vegetation clearing within the 100 foot. Non -Disturbance Zone of the Watershed Protection District, under the requirements of Section 4.136 & 10.3 of the North .Andover Zoning Bylaw. The total amount of impervious area to be -created is 1,780 sq -ft, of -roof area and - -x- 2,178 sq, ft. for the driveway. This Special Permit was requested by Stephen Smolak, 762 Dale Street, North Andover, MA 01845 on February 17, 2012. The applicant submitted a complete application, which was noticed and reviewed in accordance with Section 10.52 of the Town of North Andover Zoning Bylaw and MGL Chapter 40A, Section 9. The motion to approve was subject to the FINDINGS OF FACTS and SPECIAL CONDITIONS set forth in Appendix A to this decision. The Planning Board vote was unanimous 4 - 0. A special permit issued by the special permit granting authority requires a vote of at least four members of a five -member board. The applicant is hereby notified that should the applicant disagree with this decision, the applicant has the, right, under MGL Chapter 40A, Section 17, to appeal to this decision within twenty days after the date this decision has been filed with the Town Clerk. In accordance with 4.136 the PIanning Board makes the finding that the intent of the Bylaw, as well as its specific criteria are met. This decision specifically stated by the Planning Board makes the following r,MINGS OF FACT: 1) That as a result of the proposed construction in conjunction with other uses nearby, there will not be any significant degradation of the quality or quantity of water in or entering Lake Cochichewick. The Planning Board bases this finding on the following facts: a) The project is located within an extremely environmental sensitive area and in close proximity to Lake Cochichewick. The final design reflects extensive discussions between the Town and applicant to ensure the continued protection of Lake Cochichewick and the safety and welfare of the residents of North Andover. b) The plan has been reviewed by Town Staff and the Town's consulting engineer, Lisa Eggleston, as evidenced by the letters from L. Eggleston dated March 20, 2012 and April 12, 2012. With the application of the erosion control measures and modifications to the drainage and storinwater management designs, the consultant concluded that there will not be significant degradation to the quality or quantity of water in or entering Lake Cochichewick. The site drainage system and storm 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 a single-family dwelling: i) The new dwelling unit plus driveway will create 3,958 sq, ft. of new impervious area. All of the roof runoff will be routed to an infiltration welts so that the stormwater runoff for entire roof area of the dwelling unit will be infiltrated, ii) A portion of the new driveway will consist of pervious pavement. Deed reshictions will be required regarding maintenance for the driveway. 9 358 Dale Street, Map 64 Lot 26 Watershed Special Perinit—New Single -Family Residence May 1, 2012 iii) The applicant will install Town of .North Andover Weiland Markers at the northern and eastern edge of the limit of clearing, as shown on the Plan. iv) The applicant will minimize the creation of lawn area and the clearing of existing vegetation. The applicant will also provide a landscape plan that will include identification of lawn areas, planting areas, areas of tree clearing and a list of proposed native plantings, including proposed trees. v) Fertilizers are limited to those which are either organic or slow-release nitrogen and phosphorous free. This restriction will be noted on the deed. Tc) The Natural Heritage and Endangered Species Program (NHESP) has determined that the project as currently proposed will not adversely affect the actual Resources Area Habitat, according to thein letter of April 25, 2012. d) The existing structure is connected to the Town sewer and water systems. 2) The lot was created prior to January 9, 1957 and is thus granted limited grandfathering exemptions from dimensional requirements and is not subject to the Watershed Protection District zoning changes made in 1994. 3) There is no reasonable alternative location outside the General, Non -Disturbance, and the Discharge Zones for any discharge, structure or activity. 4) In addition, in accordance with Section 10.31 of the North Andover Zoning Bylaw, the Planning Board makes the following FINDINGS OF FAC!': a) The specific site is an appropriate location for the proposed use as all feasible storm water aid erosion controls have been placed on the site; b) The use will not adversely affect the neighborhood as the lot is located it a Residential 1 Zoning District; c) There will be no nuisance or serious hazard to vehicles or pedestrians; d) Adequate and appropriate facilities are provided for the proper operation of the proposed use; c) The Planning Board also makes a specific finding that the use is in harmony wish the general putpose and intent of the North Andover Zoning Bylaw. Upon reaching the above find higs, the Plariiing Board approves this Special Permit based upon the following SPE CUL CONDITIONS: 1) Permit Definitions: a) The "Locus" refers to the 64,487 sq. ft. parcel of land with frontage on Dale Street as shown on Assessors Map 64, Parcel 26, and also known as 358 Dale Street, North Andover, Massachusetts. b) The'Plans" refer to the plans prepared by Engineering and Surveying Services, dated February 16, 2012, revised on March 27, 2012, entitled "Site Plan, in North Andover, 358 Dale Street, Map 64, Lot 26". 358 Dale Street, Map 64 Lot 26 Watershed Special Pennit -- New Single-Tamily Residence May 1, 2012 c) The "Project" or 958 Dale Street" refers to the construction of a new single-family dwelling, with a driveway, landscaping, utilities, the installation of stornnvater management system within the 325 foot Non -Discharge Zone of the Watershed Protection District, and grading and vegetation clearing within the 100 foot Non -Disturbance Zone of the Watershed Protection District.. d) The "Applicant" refers to Stephen Smolak, 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 modification by the Planning Board. 3) Prior to the endorsement of the plan; a) The applicaut shall incorporate the following conditions as a deed restriction and a copy of the recorded deed shall be submitted to the Town Planner and included in the file. i) Fertilizers are limited to those which are either organic or slow-release nitrogen and phosphorous -free. ii) The porous pavement portion of the driveway shall be cleaned using a vacuum sweeper and it shall not be seal -coated or othet wise covered with non -porous material. b) The applicant will provide copies of all Decisions, Notification and Orders of Conditions from the North Andover Conservation Commission, 4) Prior to start of construction or Site Work: a) A perfonnnnee guarantee bond of four thousand dollars ($4,000.00) made out to the Town of North Andover must be posted to insure that the construction, erosion control, measures, and performance of any other condition contained herein will take place in accordance with the plans and the conditions of this decision and to ensure that the as -built plans will be submitted. b) The applicant shall designate an independent Construction Monitor who shall be chosen in consultation ~with the Planning Department staff The Construction Monitor shall submit weekly reports during the entire duration of the project and must be available upon four (4) hours notice to inspect the site with the Plaiming Board staff, The Planning Staff may reduce the frequency of reports upon review of such a request from the applicant. c) All erosion control ineasures as shown on the plan must be in place and reviewed by the Town Planner and Conservation Department. Wetland markers will be located at the northern and eastern edge of the limit of clearing, as defined on the Plan. (1) Three (3) copies of the signed, recorded plans and the decision must be delivered to the Planning Department. e) Yellow "Caution" tape must be placed along the limit of clearing and grading as shown on the plan. The Planning Staffmust be contacted prior to any cutting and or clearing on site. 4 358 Dale Street, Map 64 Lot 26 Watershed Special Permit—New Single-rarnily Residence May 1, 2012 f) A pre -construction meeting must be held with the developer, their construction employees, Planning Department and Buildulg Department (and other applicable departments) to discuss scheduling of inspections to be conducted on the project and the construction schedule. g) A consttrction sequencing plan shall be provided, showing the construction phasing of the porous pavement. 5) Prior to the issuance of a building Permit: �- a) A 'landscape plan must be provided, showing the location of new lawn area, Iocation of planting areas and a list of proposed plantings, which should be native species. 6) Prior to release of the Performazrce Bond: a) The applicant shall submit an as -built plan stamped by a Registered Professional Engineer nr Massachusetts that shows all construction, including storin water mitigation struchnes and other pertinent site features. This as -built plan shall be submitted to the Town Planner for approval and must be provided in paper form as well as in SDF (Standard Digital File) format. The as -built shall also provide a calculation showing the increase in impervious area. The applicant must submit a certification fi-orn tine 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 drat the site is in conformance with the approved plan. 7) No open burning shall be done except as is permitted during boning season under the Fie Depm-tment regulations. 8) The Contractor shall contact Dig Safe at least 72 hours prior to commencing excavation. 9) The provisions of this conditional approval shall apply to and be binding upon the applicant, its employees and all successors and assigns in interest or control. 10) This Special Permit approval shall be deemed to have lapsed May 1, 2014 (two years from the date of issuance) exclusive of the time required to pursue or await determination of any appeals, unless 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. 11) This decision must be filed with the North Essex Registry of Deeds. The following information is included and attached as part of this decision: a) Plan titled: "Site Plan, in North Andover, 358 Dale Street, Map 64, Lot 26" Prepared for: Stephen Smolak 762 Dale Sheet North Andover, MA 01845 Prepared by: Engineering and Surveying Services 70 Bailey Court Haverhill, MA 01832 Scale: I" = 20' Date: February 16, 2012 and revised March 27, 2012 358 Dale Sheet, Map 64 Lot 26 Watershed Special Permit—New Single -Family Residence May 1, 2012 Sheets: 2 b) StormNvaterReport Date: February 17, 2012 c} Letter from the Division of Fisheries and Wildlife to the North Andover Conselvation Commission Dated: April 25, 2012 cc: Director of Public Works Building Inspector Conservation Administrator Planning Board Police Chief Fire Chief Applicant Engineer File 0 �� :ice.. �•,��i '';i�:�? s R dQz i l z � / ./ I -- LU w w U- 03 I a F, a p b P v :� M • t• �° O ce ;� 8 4 abs a N i y mom°' �,. N�w �t "•n a aiF M Zeis � g '',aII � a 'to s�lit 06--01--2012 � 1-:2 o r — DECLARATION OF RESTRICTION 0 THIS DECLARATION OF RESTRICTION (hereinafter the "Declaration") is made this 25th day of May, 2012, by Stephen M. Smolak, of 761 Dale Street, North Andover, Massachusetts 01845 (hereinafter the "Declarant"). WITNESSETH WHEREAS, Declarant is the owner of that certain parcel of land, consisting of 64,487 square feet (1.48 acres), known and numbered as 358 Dale Street, as generally depicted on the Town of North Andover Assessors Maps as Map 64, Lot 26, and as more particularly shown on a plan entitled "Site Plan in North Andover, MA, 358 Dale Street, Map 64, Lot 26," dated February 16, 2012 (Rev. March 27, 2012), prepared for Stephen Smolak by Engineering & Surveying Services (collectively, the "Property"). A copy of the Site Plan is attached as Exhibit A. For title reference, see deed to Edward J. Welch, Jr. as Trustee of E.C.W. Trust, dated December 26, 1991 recorded with the Essex North District Registry of Deeds in Book 3370, Page 99. (collectively, the "Property"); and WHEREAS, the Property is located within the Town of North Andover Watershed Protection Zoning District as defined under Section 4.136 of the Town of North Andover Zoning Bylaws, as amended (the "District") where the purpose of the District is to preserve the purity of the groundwater, Lake Cochichewick and its tributaries; to maintain the groundwater table, and to maintain filtration and purification functions of the land within the District, while conserving the natural environment; and protecting the public health, safety and welfare; WHEREAS, the Declarant was granted a Watershed Protection District Special Permit by Decision, dated May 1, 2012, issued by the North Andover Planning Board (the "Decision"), which Decision is recorded with said Deeds in Book Page _; WHEREAS, Special Condition 3 of the Decision requires the Declarant to limit the use of fertilizers on the Property to those which are either organic or slow-release nitrogen or phosphorous -free, and imposes restrictions on the porous pavement portion of the driveway as depicted on the Site PIan, both of which are required to be incorporated as a deed restriction on the Property; NOW, THEREFORE, Declarant hereby voluntarily declares and imposes in perpetuity upon the Property the following covenants, conditions and restrictions for the benefit of Declarant, its successors and assigns, and the Town of North Andover, by and through its Planning Board (hereinafter the "Town"), and said Property shall be held, transferred, sold, conveyed, occupied and used subject to the covenants, conditions, and restrictions hereinafter set forth. 1. Prohibited Acts and Uses. Subject to the Reserved Rights set forth in Section 2 below, the Declarant hereby imposes the following restrictions on the Property: (a) the use of fertilizers which are not either organic, or slow-release nitrogen and phosphorous -free are prohibited unless otherwise approved in advance in writing by the Town; and, (b) the porous pavement portion of the driveway depicted on the Site Plan shall be cleaned using a vacuum sweeper and it shall not be seal -coated or otherwise covered with non -porous material, unless otherwise approved in advance in writing by the Town. 2, Reserved Rights. Notwithstanding any provisions herein to the contrary, Declarant reserves to itself and its successors and assigns the right to undertake all other activities which are not inconsistent with the prohibited acts and uses described in Paragraph 1 above, including but not limited to, the right to divide, subdivide, resubdivide, sell and convey all or a portion of the Property that is burdened by the Declaration. 3. Term Binding Effect In Perpetuity. This Declaration of Restriction and its provisions herein set forth shall run with the Property in perpetuity from the date of recordation in the Essex North District Registry of Deeds and shall be binding upon Declarant, Declarant's successors and assigns, and any other party having an ownership interest in said Property or claiming to have an interest with respect to said Property as tenants, invitees, licenses or otherwise, and all of the respective heirs, successors, grantees, mortgages, assigns, agents, contractors, subcontractors and employees of the foregoing. This Declaration of Restriction is hereby intended and declared to be in perpetuity and no re -recordation of this Declaration of Restriction under G.L. c. 184, ss. 23-30 or any other law shall ever be necessary in order to maintain the full legal effect and authority hereof and Declarant and its successors and assigns, including but not limited to all subsequent owners of the Property, hereby waive all their legal right to and shall forego any action in law or equity of any kind whatsoever attempting to contest the validity of any provision of this Declaration of Restriction and shall not, in any enforcement action, raise the invalidity of any provision of this Declaration of Restriction. Notwithstanding the forgoing, the rights and obligations contained herein shall be enforceable against the current owner of said Property, and therefore, it being understood and agreed that, from and after any conveyance or transfer of all or a portion of the Property covered by this Declaration, only the transferee of said Lot shall be liable for the performance or observance of, and shall have the benefit of, said covenants and agreements herein. 4. Modification or Termination of Restrictions. This Agreement shall not be modified, amended, changed, or terminated or waived without the consent of the Declarant (or Declarant's successor) as well as the consent of the Town. The Declarant as well as the Town, may enforce and, if necessary, extend this Declaration in accordance with applicable law. Declarant agrees for itself, and its heirs, successors and assigns to execute and record such notices of restriction as are required to extend this Declaration in perpetuity in accordance with applicable law. The Town is hereby declared to be a benefited party to and a holder of this Declaration and hereby appoints the Town as its attorney-in-fact to execute, acknowledge, deliver and record any such notice or instrument on its and/or their behalf. Without limiting the forgoing, the Declarant and its successors and assigns agree to execute any such notices and instruments upon request of the Town. 2 5. Enforceability. The Town shall have the authority and right to enforce this Declaration of Restriction. The Town shall have the right to bring proceedings at law or equity against any party or parties violating or attempting to violate the terms of this Declaration to enjoin them from so doing and to cause any such violation to be remedied, after providing written notice to such party or parties and the Town shall recover its attorneys fees and costs in any action of enforcement. Notwithstanding the forgoing, if all or a portion of the Property is conveyed to a successor owner where a violation has occurred or will occur resulting in an enforcement action being taken, then the Town may only seek such enforcement against the owner of said lot(s) on which the violation has occurred, and therefore, it being understood and agreed that, from and after any conveyance or transfer of any portion of the Property covered by this Declaration, the transferee of said portion of the Property shall be liable for the performance or observance of, and shall have the benefit of, said covenants and agreements herein. 6. Severability. If any court or other tribunal of competent jurisdiction determines that any provision of this Declaration of Restriction is invalid or unenforceable, such provision shall be deemed to have been modified automatically to conform to the requirements for validity and enforceability as determined by such court or tribunal. In the event the provision invalidated is of such a nature that it cannot be so modified, the provision shall be deemed deleted from this instrument as though it had never been included herein. In either case, the remaining provisions of this instrument shall remain in full force and effect. 7. Non -Waiver. Any election by the Town as to the manner and timing of its right to enforce this Declaration of Restriction or otherwise exercise its rights hereunder shall not be deemed or construed to be a waiver of such rights. 8. Incorporation Into Deeds. Declarant and Declarant's successors and assigns, including all subsequent owners of the Property or portions thereof, shall inform a potential purchaser in writing of this Declaration and shall incorporate this Declaration of Restriction, in full or by reference, into all deeds. Any such deed purporting to convey any portion of the Property without including this Declaration of Restriction in full or by reference shall be deemed and taken to include said Declaration of Restriction in full even though said Declaration of Restriction is not expressly described or referenced therein. 9. Recordation/Registration. Declarant shall record and/or register this Declaration of Restriction with the appropriate Registry of Deeds and/or Land Registration Office prior to any work being performed on the Property and prior to the issuance of a building permit. 10. Amendment and Release. No amendment or release of this Declaration of Restriction shall be effective unless it has been approved in writing by the Town (hereinafter the "Town Approval") and said amendment or release and the requisite Town Approval has been recorded with the appropriate Registry of Deeds and/or Land Registration Office. 3 IN WITNESS WHEREOF, Stephen M. Smolak, has caused these presents to be signed, acknowledged and delivered this 251hday of May, 2012. By. Stephen M. Smolak Essex, ss. COMMONWEALTH OF MASSACHUSETTS May 25, 2012 On this day before me, the undersigned notary public, personally appeared Stephen M. Smolak, proved to me through satisfactory evidence of identification, which was ❑ photographic identification with si ature issued by a state governmental agency, ❑ oath or affirmation of a credible witness, [personal knowledge of the undersigned, to be the person whose name is signed on the preceding or attached document, and acknowledged to me that she/he signed it voluntarily for its stated purpose. 7'164 M Notary Public SEAL My Commission Expires: '31 1,3 &_ 4 EXHIBIT "A" SITE PLAN See that Plan recorded prior hereto as an Exhibit to the May 7, 2012 "Notice of Decision" issued by the Town of North Andover Planning Board.