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Home My WebLink AboutMiscellaneous - 95 WINTER STREET 4/30/2018 (2)j f t I Q47ED A��`t, CONSERVATION DEPARTMENT Community Development Division November 16, 2015 Todd & Tanya Brown 95 Winter Street North Andover, MA 01845 RE: Selective removal of 3 trees and pruning of additional trees located within the Buffer Zone to Bordering Vegetated Wetland and the Watershed Protection District. This is a follow up letter pertaining to your request to remove trees at 95 Winter Street. Several trees were requested for, removal, all of the trees requested are within the Buffer Zone to Bordering Vegetated Wetland (BVW) but are outside of the 25' No -Disturbance Zone. The entire property is within the Watershed Protection District which is overseen by the Planning Board. The trees were identified and reviewed during a site visit by the Conservation Department on November 9, 2015. Three trees were observed to be compromised and/or leaning severely towards the house and are permitted to be removed. The pruning of additional trees including the removal of dead branches and branches leaning over the yard as discussed during the site visit is also permitted. The trees must be pruned in a way that preserves the health of the trees. The interim Town Planner has also approved the removal of the three trees shown in the photos below and the pruning as described above. *Determination of property ownership is the responsibility of the homeowner. Due to the potential danger imposed by the trees, the Conservation Department will permit their removal to prevent possible injury or property damage. These cutting activities shall be limited to the three trees identified and shown in the attached photographs. Any concerns about additional trees posing a safety hazard must be submitted in writing to the Conservation Commission and Planning Board with details regarding the specific trees and specific concerns. The Conservation Commission and/or Planning Board may require a filing to permit the removal of any additional trees. 1600 Osgood Street, North Andover, Massachusetts 01845 Phone 918.688.9530 fox 918.688.9542 Web www.townofnorthandover.com i i The approved cutting will be subject to the following conditions. ❖ No machinery shall enter the 25' No Disturbance Zone. ❖ No work shall occur in resource areas. All tree limbs, brush, and other debris materials shall be taken off site and disposed of. properly. ❖ Stumps of the trees shall not be removed and shall be left in place. Stumps may be ground down or cut flush with the landscape. ❖ Care shall be taken to prevent damage to surrounding trees during removal of the approved trees. Upon completion of the tree removal, all disturbed areas shall be properly stabilized. ❖ The applicant shall notify this department immediately following completion of work for a final site inspection. ❖ Areas within 100 -feet of wetland resource areas shall remain in a natural state and no further vegetation shall be removed without the prior approval of the Conservation Department/ Commission and Planning Department. ❖ This permit shall expire six months from the date of issue. Please do not hesitate to contact me should you have any further questions or concerns in this regard. Sincerely, NORTH ANDOVER CONSERVATION COMMISSION Heidi Gaffney Conservation Field Inspector Cc: Jennifer Hughes, Conservation Administrator; Jean Enright, Assistant Director/ Interim Town Planner; Carl Beauregard, Maple Leaf Tree Service Please see the attached photos. 1600 Osgood Street, North Andover, Massachusetts 01845 Phone 978.688.9530 Fax 978.688.9542 Web www.townofnorthandover.com ' � r RTk{•. }" i ON kik ' � r RTk{•. }" +#r zj�l �f'711t ;4 pK ��s�j e,4� Zr rcz � :, �?�: ��a r�ti-s ��rye�� ''Y ys � : 4 � �"• � '1 i u'' (5't�' � � r �a f ti• �� •I w; Q /rkiia i •r id=� t � yr1t_G� Oj 4�1 tr, i, �, y'i, y ➢ '•i�j ah `tai �?'3 tI 4iY ; i' r�� '� y�. P at, _'cg N it ' 4•'A` YY ym ,� sF ��'�f `� _'� � ! •,> � t �l't i r/" S~,i ' �rY I�r y+�^ t 4; t�1r�r-.. � ` �h � ri �� i Lir � W ,i��y ! t';; �✓t'I, ^. � ,!! � yr -.'*� edj 4' l= � _� ,�� Y k�'•f�'�' �I 7 rzi� n � g� ! .-r,e _ �'�'"� •e Fp- ! P�f�J � � � Ste_ P 441 ,I r ` tSi f ff�• _� ,4/ .. -C f;,t t� ��- 0 F � '.• I wpafrm8b.doc • rev. 12/23/09 WPA Form 8B, Certificate of Compliance • Page 1 of 3 r Department of Environmental Protection Bureau of Resource Protection - Wetlands DEP File Number: LlMassachusetts WPA Form 8B - Certificate of Compliance 242.1300 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 David Bourassa only the tab key Name to move your 95 Winter Street cursor - do not use the return Mailing Address key. North Andover MA 01845 City/Town State Zip Code r� 2. This Certificate of Compliance is issued for work regulated by a final Order of Conditions issued to: Claude Elias - - rewn Name May 27, 2005 242-1300 Dated DEP File Number 3. The project site is located at: 95 Winter Street North Andover Street Address City/Town Map 103 Parcel 120 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 9919 251 County Book Page Certificate 4. A site inspection was made in the presence of the applicant, or the applicant's agent, on: 10/31/12 Date wpafrm8b.doc • rev. 12/23/09 WPA Form 8B, Certificate of Compliance • Page 1 of 3 ILIMassachusetts Department of Environmental Protection Bureau of Resource Protection - Wetlands DEP File number: WPA Form 8B Certificate of Compliance 242-1300 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: 82 C. Authorization Issued by: North Andover Conservation Commission DatA of Is uance 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/re-qion/findyour.htm . Signatures: wpefrm8b.doc • rev. 12/23/09 WPA Form 86, Certificate of Compliance • Page 2 of 3 , LlMassachusetts Department of Environmental Protection Bureau of Resource Protection - Wetlands DEP File Number: WPA Form 8B - Certificate of Compliance 242.1300 Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 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: 95 Winter Street 242-1300 Project Location DEP File Number Has been recorded at the Registry of Deeds of: Essex North County for: David Bourassa 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 86, Certificate of Compliance • Page 3 of 3 Massachusetts Department of Environmental Protection Bureau of Resource Protection - Wetlands Lll� WPA Form 5 - Order of Conditions Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 Important: When filling out forms on the computer, use only the tab key to move your cursor - do not use the return key. VQ A. General Information North Andover From: 1. Conservation Commission 2. This issuance is for (check one): 3. To: Applicant: Claude Elias DEP File Number: 242-1300 ® Order of Conditions ❑ Amended Order of Conditions wpaform5.doc - rev. 3/1/05 Page 1 of 9 a. First Name b. Last Name c. Company 119 Hooker Farm Road d. Mailing Address Salem NH. 03079 e. City/Town f. State g. Zip Code 4. Property Owner (if different from applicant): Santo & Anne Messina - a. First Name b. Last Name c. Company 115 Winter Street d. Mailing Address North Andover MA. 01845 e. Citylrown f. State g. Zip Code 5. Project Location: :WinterStreet,-Single-family dwelling,.Map103, North Andover L 120` b. City/Town Map 103 Lot 120 c. Assessors Map/Plat Number d. Parcel/Lot Number Latitude and Longitude, if known (note: electronic files will click for GIS locator): e. Latitude f. Longitude s. Property recorded at the Registry of Deeds for (attach additional information if more than one parcel): Essex North a. County b. Certificate (if registered land) 4736 156 c. Book d. Page 2/24/05 5/11/05 6-16? 7 49 7. Dates: a. Date Notice of Intent Filed b. Date Public Hearing Closed c. Date of Is uance s. Final Approved Plans and Other Documents (attach additional plan or document references as needed): Plan to Accompany A Notice of Intent, Sheet 1, Winter Street Impovement & Watershed Special Permit, Sheet 2. Serwatka Engineering Joseph J. Serwatka, P. E. b. Prepared By c. Signed and Stamped by 2/10/05 with revisions made through 4/20/05 1" = 20' d. Final Revision Date e. Scale f. Additional Plan or Document Title g. Date $1,100 $ 250.00 $ 850.00 9. Total WPA Fee Paid: a. Total Fee Paid b. State Fee Paid c. City/Town Fee Paid wpaform5.doc - rev. 3/1/05 Page 1 of 9 N Massachusetts Department of Environmental Protection Bureau of Resource Protection - Wetlands WPA Form 5 - Order of Conditions Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 B. Findings 1. Findings pursuant to the Massachusetts Wetlands Protection Act: DEP File Number: 242-1300 Following the review of the above -referenced Notice of Intent and based on the information provided in this application and presented at the public hearing, this Commission finds that the areas in which work is proposed is significant to the following interests of the Wetlands Protection Act. Check all that apply: a. ® Public Water Supply b. ❑ Land Containing Shellfish c. ® Prevention of Pollution d. ® Private Water Supply e. ❑ Fisheries f. Protection of Wildlife Habitat g. ® Groundwater Supply h. ® Storm Damage Prevention i. ® Flood Control 2. This Commission hereby finds the project, as proposed, is: (check one of the following boxes) Approved subject to: ® the following conditions which are necessary in accordance with the performance standards set forth in the wetlands regulations. This Commission orders that all work shall be performed in accordance with the Notice of Intent referenced above, the following General Conditions, and any other special conditions attached to this Order. To the extent that the following conditions modify or differ from the plans, specifications, or other proposals submitted with the Notice of Intent, these conditions shall control. Denied because: ❑ the proposed work cannot be conditioned to meet the performance standards set forth in the wetland regulations. Therefore, work on this project may not go forward unless and until a new Notice of Intent is submitted which provides measures which are adequate to protect these interests, and a final Order of Conditions is issued. A description of the performance standards which the proposed work cannot meet is attached to this Order. ❑ the information submitted by the applicant is not sufficient to describe the site, the work, or the effect of the work on the interests identified in the Wetlands Protection Act. Therefore, work on this project may not go forward unless and until a revised Notice of Intent is submitted which provides sufficient information and includes measures which are adequate to protect the Act's interests, and a final Order of Conditions is issued. A description of the specific information which is lacking and why it is necessary is attached to this Order as per 310 CMR 10.05(6)(c). Inland Resource Area Impacts: Check all that apply below. (For Approvals Only) wpaform5.doc • rev. 3/1/05 ❑ Buffer Zone Impacts: Shortest distance between limit of project disturbance and wetland boundary (if available) linear feet Resource Area Proposed Permitted Proposed Permitted Alteration Alteration Replacement Replacement 3. ❑ Bank a. linear feet 4. ❑ Bordering Vegetated Wetland a. square feet 5. ❑ Land Under a. square feet Waterbodies and Waterways e. cu.yd dredged b. linear feet c. linear feet d. linear feet b. square feet c. square feet d. square feet b. square feet c. square feet d. square feet 1. cu.yu ureugeu Page 2 of 9 i i Massachusetts Department of Environmental Protection Bureau of Resource Protection - Wetlands WPA Form 5 - Order of Conditions Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 B. Findings (cont.) DEP File Number: 242-1300 Resource Area Proposed Permitted Proposed Alteration Alteration Replacement 6. ❑ Bordering Land Land Under Salt Ponds Subject to Flooding a. square feet b. square feet c. square feet Cubic Feet Flood Storage e. cubic feet f. cubic feet g. cubic feet 7. ❑ Isolated Land Subject to Flooding a. square feet b. square feet Cubic Feet Flood Storage c. cubic feet d. cubic feet e. cubic feet 8. ❑ Riverfront area a. total sq. feet b. total sq. feet Sq ft within 100 ft c. square feet d. square feet e. square feet Sq ft between 100-200 ft e. square feet f. square feet e. square feet Coastal Resource Area Impacts: Check all that apply below. (For Approvals Only) 9. ❑ Designated Port Indicate size under Land Under the Ocean, below Areas 1o. ❑ Land Under the Ocean a. square feet b. square feet 11. ❑ Barrier Beaches 12. ❑ Coastal Beaches 13. ❑ Coastal Dunes 14. ❑ Coastal Banks 15. ❑ Rocky Intertidal Shores 16. ❑ Salt Marshes 17. ❑ Land Under Salt Ponds 18. ❑ Land Containing Permitted Replacement h. cubic feet f. cubic feet c. cu.yd dredged d. cu.yd dredged Indicate size under Coastal Beaches and/or Coastal Dunes below a. square feet b. square feet c. c/y nourishmt. d. c/y nourishmt. a. linear feet a. square feet b. linear feet b. square feet c. square feet Shellfish a. square feet b. square feet c. square feet d. square feet 19. ❑ Fish Runs Indicate size under Coastal Banks, inland Bank, Land Under the Ocean, and/or inland Land Under Waterbodies and Waterways, above 20. ❑ Land Subject to Coastal Storm Flowage a. square feet b. square feet wpaform5.doc • rev. 3/1/05 Page 3 of 9 Massachusetts Department of Environmental Protection �, Bureau of Resource Protection - Wetlands WPA Form 5 - Order of Conditions Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 DEP File Number: 242-1300 C. General Conditions Under Massachusetts Wetlands Protection Act (only applicable to approved projects) 1. Failure to comply with all conditions stated herein, and with all related statutes and other regulatory measures, shall be deemed cause to revoke or modify this Order. 2. The Order does not grant any property rights or any exclusive privileges; it does not authorize any injury to private property or invasion of private rights. 3. This Order does not relieve the permittee or any other person of the necessity of complying with all other applicable federal, state, or local statutes, ordinances, bylaws, or regulations. 4. The work authorized hereunder shall be completed within three years from the date of this Order unless either of the following apply: a. the work is a maintenance dredging project as provided for in the Act; or b, the time for completion has been extended to a specified date more than three years, but less than five years, from the date of issuance. If this Order is intended to be valid for more than three years, the extension date and the special circumstances warranting the extended time period are set forth as a special condition in this Order. 5. This Order may be extended by the issuing authority for one or more periods of up to three years each upon application to the issuing authority at least 30 days prior to the expiration date of the Order. 6. Any fill used in connection with this project shall be clean fill. Any fill shall contain no trash, refuse, rubbish, or debris, including but not limited to lumber, bricks, plaster, wire, lath, paper, cardboard, pipe, tires, ashes, refrigerators, motor vehicles, or parts of any of the foregoing. 7. This Order is not final until all administrative appeal periods from this Order have elapsed, or if such an appeal has been taken, until all proceedings before the Department have been completed. No work shall be undertaken until the Order has become final and then has been recorded in the Registry of Deeds or the Land Court for the district in which the land is located, within the chain of title of the affected property. In the case of recorded land, the Final Order shall also be noted in the Registry's Grantor Index under the name of the owner of the land upon which the proposed work is to be done. In the case of the registered land, the Final Order shall also be noted on the Land Court Certificate of Title of the owner of the land upon which the proposed work is done. The recording information shall be submitted to this Conservation Commission on the form at the end of this Order, which form must be stamped by the Registry of Deeds, prior to the commencement of work. 9. A sign shall be displayed at the site not less then two square feet or more than three square feet in size bearing the words, "Massachusetts Department of Environmental Protection" [or, WA DEP] "File Number 242-1300 wpaform5.doc - rev. 3/1/05 Page 4 of 9 Massachusetts Department of Environmental Protection Bureau of Resource Protection - Wetlands WPA Form 5 - Order of Conditions Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 DEP File Number: 242-1300 C. General Conditions Under Massachusetts Wetlands Protection Act 10. Where the Department of Environmental Protection is requested to issue a Superseding Order, the Conservation Commission shall be a party to all agency proceedings and hearings before DEP. 11. Upon completion of the work described herein, the applicant shall submit a Request for Certificate of Compliance (WPA Form 8A) to the Conservation Commission. 12. The work shall conform to the plans and special conditions referenced in this order. 13. Any change to the plans identified in Condition #12 above shall require the applicant to inquire of the Conservation Commission in writing whether the change is significant enough to require the filing of a new Notice of Intent. 14. The Agent or members of the Conservation Commission and the Department of Environmental Protection shall have the right to enter and inspect the area subject to this Order at reasonable hours to evaluate compliance with the conditions stated in this Order, and may require the submittal of any data deemed necessary by the Conservation Commission or Department for that evaluation. 15. This Order of Conditions shall apply to any successor in interest or successor in control of the property subject to this Order and to any contractor or other person performing work conditioned by this Order. 16. Prior to the start of work, and if the project involves work adjacent to a Bordering Vegetated Wetland, the boundary of the wetland in the vicinity of the proposed work area shall be marked by wooden stakes or flagging. Once in place, the wetland boundary markers shall be maintained until a Certificate of Compliance has been issued by the Conservation Commission. 17. All sedimentation barriers shall be maintained in good repair until all disturbed areas have been fully stabilized with vegetation or other means. At no time shall sediments be deposited in a wetland or water body. During construction, the applicant or his/her designee shall inspect the erosion controls on a daily basis and shall remove accumulated sediments as needed. The applicant shall immediately control any erosion problems that occur at the site and shall also immediately notify the Conservation Commission, which reserves the right to require additional erosion and/or damage prevention controls it may deem necessary. Sedimentation barriers shall serve as the limit of work unless another limit of work line has been approved by this Order. 18. All work associated with this Order is required to comply with the Massachusetts Stormwater Policy Standards. Special Conditions: If you need more See attached space for additional conditions, select box to attach a text document wpaforrn5.doc • rev. 3/1/05 Page 5 of 9 Massachusetts Department of Environmental Protection Bureau of Resource Protection - Wetlands WPA Form 5 - Order of Conditions Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 DEP File Number: 242-1300 D. Findings Under Municipal Wetlands Bylaw or Ordinance 1. Is a municipal wetlands bylaw or ordinance applicable? ® Yes ❑ No 2. The North Andover hereby finds (check one that applies): Conservation Commission 3. ❑ that the proposed work cannot be conditioned to meet the standards set forth in a municipal ordinance or bylaw specifically: a. Municipal Ordinance or Bylaw b. Citation H If you need more space for additional conditions, select box to attach a text document Therefore, work on this project may not go forward unless and until a revised Notice of Intent is submitted which provides measures which are adequate to meet these standards, and a final Order of Conditions is issued. ®' that the following additional conditions are necessary to comply with a municipal ordinance or bylaw: North Andover Wetland Protection Bylaw Chapter 178 a. Municipal Ordinance or Bylaw b. Citation The Commission orders that all work shall be performed in accordance with the following conditions and with the Notice of Intent referenced above. To the extent that the following conditions modify or differ from the plans, specifications, or other proposals submitted with the Notice of Intent, the conditions shall control. c. The special conditions relating to municipal ordinance or bylaw are as follows: SPP attached Page 6 of 9 wpaform5.doc • rev. 311105 DEP FILE # 242 —1300 (SFH) Therefore, the North Andover Conservation Commission (hereafter the "NACC") hereby finds that the following conditions are necessary, in accordance with the Performance Standards set forth in the State Regulations, the local Bylaw and Regulations, to protect those interests noted above. The NACC orders that all work shall be performed in accordance with said conditions and with the Notice of Intent referenced below. To the extent that the following conditions modify or differ from the plans, specifications or other proposals submitted with the Notice of Intent, the conditions shall control. GENERAL CONDITIONS 18. Failure to comply with all conditions stated herein, and with all related statutes and other regulatory measures, shall be deemed cause to revoke or modify this Order. 19. This Order does not grant any property rights or any exclusive privileges; it does not authorize any injury to private property or invasion of property rights. However, the NACC, agent of the NACC or the Department of Environmental Protection (DEP) reserves the right to enter and inspect the property at all reasonable times until a Certificate of Compliance is issued, to evaluate compliance with this Order of Conditions, the Act (310 CMR 10.00), the North Andover Wetland Bylaw and Regulations, and may require any information, measurements, photographs, observations, and/or materials, or may require the submittal of any data or information deemed necessary by the NACC for that evaluation. Further, work shall be halted on the site if the NACC, agent or DEP determines that any of the work is not in compliance with this Order of Conditions. Work shall'not resume until the NACC is satisfied that the work will comply and has so notified the applicant in writing. 20. This Order does not relieve the permittee or any other person of the necessity of complying with all other applicable federal, state or local statutes, ordinances, by- laws or regulations. 21. The work authorized hereunder shall be completed within three years from the date of this order. 22. This Order may be extended by the issuing authority for one or more periods of up to one year each upon application to the issuing authority at least thirty days (30) prior to the expiration date of the Order (Refer to Section 8.3 (p.37) of the North Andover Wetland Regulations). C:\Winword\OOC\SFH, WinterSt.doc I NACC 5/26/05 DEP FILE # 242 —1300 (SFH) 23. The NACC reserves the right to amend this Order of Conditions after a legally advertised public hearing if plans or circumstances are changed or if new conditions or information so warrant. 24. Where the Department of Environmental Protection (DEP) is requested to make a determination and to issue a Superseding Order, the Conservation Commission shall be a party to all agency proceedings and hearings before the Department. 25. This Order of Conditions is issued , tAnder File No. 242-1300. 26. The conditions of this decision shall apply to, and be binding upon, the applicant, owner, its employees and all successors and assigns in interest or control. These obligations shall be expressed in covenants in all deeds to succeeding owners of portions of the property. 27. The term "Applicant" as used in this Order of Conditions shall refer to the owner, any successor in interest or successor in control of the property referenced in the Notice of Intent, supporting documents and this Order of Conditions. The NACC shall be notified in writing within 30 days of all transfers of title of any portion of property that takes place prior to the issuance of a Certificate of Compliance. 28. The proposed work includes: the construction of a single-family house with associated site clearing and grading, installation of necessary appurtenances and stormwater structures within the Buffer Zone to Bordering Vegetated Wetlands (BVW) associated to a pond. The 12.90 -acre lot is also within the Lake Cochichewick Watershed. This Order of Conditions and the submitted Notice of Intent applies only to the single-family house and its associated activities. The extension of the driveway/ roadway, utilities and drainage facilities relative to the driveway was filed under a separate Notice of Intent filing, DEP File #242-1309, and is not part of this Order. 29. The work shall conform to the following (except as noted in the remainder of this document where revisions may be required): Notice of Intent filed by: Elias Claude (Applicant) 119 Hooker Farm Road Salem, MA 03079 Date filed: February 24, 2005 Site Plans prepared by: Sheet 1, entitled, "Plan to Accompany a Notice of Intent", prepared by Pembroke Land Survey Co., dated February 10, 2005. Stamped and signed by Joseph J. Serwatka, P.E. CAWinword\OOC\SFH, WinterSt.doc 2 NACC 5/26/05 DEP FILE # 242 —1300 (SFH) Sheet 2 entitled, "Winter Street Improvements and Watershed Special Permit Plan", prepared by Pembroke Land Survey Co., dated February 10, 2005 with revisions made through April 20, 2005. Stamped & signed by Joseph Serwatka, P.E. Other Documents: North Andover Conservation Commission Waiver Request Form dated February 25, 2005. Waiver Request Narrative, prepared by Joseph Serwatka, P.E., dated February 25, 2005 Memorandum prepared by Jack Sullivan, P.E, Director of Engineering, Town of North Andover, entitled "Winter Street Watershed Special Permit, Elias Property", dated April 28, 2005. Email from Jack Sullivan, P.E., to Pamela Merrill, Conservation Associate dated April 12, 2005, regarding the oil/ sediment separator. Email from Jack Sullivan, P.E., to Pamela Merrill, Conservation Associate, dated May 4, 2005, regarding the buoyancy calculations. Operation & Maintenance Plan prepared by: Joseph J. Serwatka, P.E., entitled, "Operation & Maintenance Plan for Winter Street" and Buoyancy Calculations for the Oil / Sediment Separator. Cover page dated April 20, 2005 30. The following wetland resource areas are affected by the proposed work: Buffer Zone to Bordering Vegetated Wetland (BVW). These resource areas are significant to the interests of the Act and Town Bylaw as noted above and therein. The applicant has not attempted to overcome the presumption of significance of these resource areas to the identified interests. 31. The NACC agrees with the applicant's delineation of the wetland resource areas on the site as previously approved under an Order of Resource Area Delineation (ORAD), DEP File #242-1251. 32. The NACC finds that the intensive use of the upland areas and buffer zone proposed on this site will cause further alteration of the wetland resource areas. In CAWinword\OOC\SFH, WinterSt.doc 3 NACC 5/26/05 DEP FILE # 242 -1300 (SFH) order to prevent any alteration of wetland resource areas a twenty five foot (25') No -Disturbance Zone and a fifty foot (50') No -Construction Zone shall be established from the edge of the adjacent wetland resource area except as follows: for portions of the driveway/ roadway and installation of utilities, as shown on the approved site plan referenced herein. This will impact approximately 750 s.f. of the 25' No Disturbance Zone. The Conservation Administrator and/or other agents of the NACC do not have the authority to waive these setbacks as established under the local bylaw. No disturbance of existing grade, soils or vegetation is permitted in the No -Disturbance zone. (See Section 3.4 & Appendix F of the local Regulations). 33. The NACC granted a waiver under DEP File #242-1309 for work within the regulated 25' No Disturbance Zone and the 50' No Build Zone for the purposes of constructing the driveway/ roadway and installing the underground utilities. The NACC agrees with the applicant that they are limited by the existing layout of Winter Street due to the existing field stonewall (property lines), and the requirements governed by both the North Andover Department of Public Works and the Planning Board. As such, there are no other feasible alternatives that will have a lesser impact on the adjacent wetland resource area and its Buffer Zones. 34. The NACC finds the applicant's proposal for 1,500 s.f. of restoration (associated with the impacts to the 25' No Disturbance Zone and 50' No Build Zone) to be adequate. The proposal of five (5) Eastern Hemlock saplings (Tsuga canadensis) as listed on record plan is also found to be adequate. However, the list of shrub species as shown on the record plan, which includes burning bush, rhododendron, and azalea shall be replaced with any twenty (20) of the following species: American cranberrybush (Vaccinium trilobum) (FACW) Red chokeberry (Aronia arbutifolia) (FACW) Black chokeberry (Aronia melancarpa) (FAC) Shadblow/ Serviceberry (Amelanchier canadensis/arborea) (FAC) Witch hazel (Hamamelis virginiana) (FAC-) Bayberry (Myrica pensylvanica) (FAC) Highbush Blueberry (Vaccinium corymbosum) (FACW) Silky dogwood (Cornus amomum) (FACW) Red -osier dogwood (Cornus sericea) (FACW+) Alternate -leaved dogwood (Cornus amomum) (UPL) The 25 restoration plantings shall not be grouped together in one dense location, rather spread out and concentrated along the approved tree line to provide a physical barrier along the limits of disturbance. The shrubs shall be planted on 10 -12' centers, and the Eastern hemlocks planted on 12 -15' centers. CAWinword\OOC\SFH, WinterSt.doc 4 NACC 5/26/05 DEP FILE # 242 —1300 (SFH) 35. A qualified wetland scientist or botanist shall monitor the restoration area for two (2) consecutive growing seasons (spring and fall) upon installation of the plantings. At the end of each inspection, a progress report of the relative success or failure of the restoration efforts must be prepared by the wetland scientist or botanist, and submitted to the North Andover Conservation Commission (NACC). A total of FOUR separate monitoring reports for the restoration area shall be submitted over a two-year period. If at the end of the second growing season, overall success of restoration activities is not achieved, the NACC reserves the rights to require additional mitigation measures. 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, in the event they proceed to alter areas subject to the Commissions jurisdiction under the order, agree that the Order does not in itself impose upon the Town any responsibility to maintain the proposed drainage system and that said Town shall not be liable for any damage in the event of failure. By acceptance of this Order, the owners agree to indemnify and hold harmless to the Town and its residents for any damage attributable to alterations undertaken on this property pursuant to the Order. Maintenance of the drainage system becomes the responsibility of the applicant or landowner. 38. 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 39. 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. 40. 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 C:\Winword\OOC\SFH, WinterSt.doc 5 NACC 5/26/05 DEP FILE # 242 —1300 (SFH) 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. 41. 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 #242-1300." 42. Any changes in the submitted plans caused by the applicant, another Board's decision or resulting from this Order of Conditions must be submitted to the NACC for approval prior to implementation. If the NACC finds said changes to be significant, the NACC will call for another public hearing (at the expense of the applicant). Within 21 days of the close of said public hearing the NACC will issue an amended or new. Order of Conditions. Any errors found in the plans or information submitted by the applicant shall be considered as changes. The proposed project may be still under review by other local or state boards or agencies. This may result in changes to the project plans or wetland impacts. If any such changes occur a revised plan and an explanation of the revisions shall be submitted to the NACC for review and approval prior to the start of construction. No work shall begin on a project until written approval has been granted by the NACC. . 43. 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. 44. 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 compensation and retention areas, installation of sedimentation/ erosion control devices and re -vegetation to be completed before other work begins on-site. 45. Wetland flagging shall be checked prior to start of construction and shall be re- established where missing. All wetland flagging shall remain visible and enumerated per the approved plan(s) throughout the life of the project and until a Certificate of Compliance is issued so that erosion control measures can be properly placed and wetland impacts can be monitored. The proposed limit of work shall be shall be clearly marked with stakes or flags and shall be confirmed by the NACC. Such markers shall be checked and replaced as necessary and shall be maintained until all construction is complete. Workers should be informed that no use of machinery, storage of machinery or materials, stockpiling of soil, or construction C:\Winword\OOC\SFH, WinterSt.doc 6 NACC 5/26/05 DEP FILE # 242 —1300 (SFH) activity is to occur beyond this line at any time. All flags used for the above purposes shall be of a color different from other flagging used on the site. 46. A row of staked hay bales backed by trenched siltation fence shall be placed between all construction areas and wetlands. The erosion control barrier will be properly installed and placed as shown on the plans approved and referenced herein and shall be inspected and approved by the NACC prior to the start of construction and shall remain intact until all disturbed areas have been permanently stabilized to prevent erosion. All erosion prevention and sedimentation protection measures found necessary during construction shall be implemented at the direction of the NACC. The NACC reserves the right to impose additional conditions on portions of this project to mitigate any impacts which could result from site erosion, or any noticeable degradation of surface water quality discharging from the site. For example, installation of erosion control measures may be required in areas not shown on the plan(s) referenced in this Order of Conditions. Should such installation be required by the NACC, they shall be installed within 48 hours of the Commissions request. 47. The applicant shall have on hand at the start of any soil disturbance, removal or stockpiling, a minimum of 15 hay bales and sufficient stakes for staking these bales (or an equivalent amount of silt fence). Said bales shall be used only for the control. of emergency erosion problems and shall not be used for the normal control of erosion. 48. A check payable to the Town of.North Andover shall be provided in the amount of $3,000, 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. 49. The applicant shall designate a Wetland Scientist as an "Environmental Monitor" (EM) to oversee any emergency placement of controls and regular inspection or replacement of sedimentation control devices. The name and phone number of the erosion control monitor must be provided to the NACC in the event that this person has to be contacted, due to an emergency at the site, during any 24-hour period, including weekends. This professional must submit a letter to the Conservation Department, on company letterhead stating they have been retained as the C:\Winword\OOC\SFH, WinterSt.doc 7 NACC 5/26/05 y DEP FILE # 242 —1300 (SFH) project's Environmental Monitor. The designated Environmental Monitor is subject to approval by the NACC. This person shall also be given the authority to stop construction for erosion control purposes. The EM 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. On every MONDAY of 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 from the EM 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 EMC must visually inspect all sedimentation/ erosion control measures and assume responsibility for their maintenance on a weekly basis and that they are functioning as intended. In addition, all wetland resource areas must be visually inspected for siltation, turbidity, and/or other water quality impacts. 50. The EM shall be on site during and/ or following a major storm event of 1 inch of rain or greater to ensure that soils remain stable, erosion controls are adequate and secure, and that all BMP's are adequately functioning. 51. Prior to construction, the applicant shall permanently mark the edge of the 75' Conservation Zone associated with the Lake Cochichewick Watershed with nine (9) signs or markers spaced evenly every 40 feet along the erosion control line, 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 available at the Conservation Department for $2.00 per marker. The placement of said markers are subject to review and approval by the Conservation staff. The applicant shall instruct all agents to explain these markers to buyers / lessees / landscapers, and all persons taking over the property from the applicant. 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 assigning any portion of said land to another party, subject to said Orders of Conditions, the 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 before or after 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, wetland scientist and the applicant to CAWinword\OOC\SFH, WinterSt.doc NACC 5/26/05 DEP FILE # 242 —1300 (SFH) 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). STORMWATER MANAGEMENT CONDITIONS 54. All construction and post -construction stormwater management shall be conducted in accordance with supporting documents and plans submitted with the Notice of Intent, the Department of Environmental Protection Stormwater Management Policy and as approved by the NACC in this Order of Conditions. 55. All stormwater best management practices shall be maintained as specified in the Operation & Maintenance Plan for Winter Street, dated April 2005, prepared by Joseph J. Serwatka, P.E. (Appendix B- attached) submitted with the Notice of Intent and incorporated in said Order of Conditions. A Registered Professional Civil Engineer shall provide evidence of maintenance associated with the stormwater management structures to the NACC on an annual basis for two - consecutive years upon installation of the structures. The homeowner/ landowner shall be the responsible party, who must comply with, and be responsible for all maintenance requirements outlined in the Operation & Maintenance Plan in perpetuity. This condition shall be a continuing condition of this order, even after a Certificate of Compliance is issued. 56. All roof runoff shall be directed to the groundwater recharge trench to provide groundwater recharge, as shown on the approved plans referenced herein. This shall be maintained in accordance with the above-mentioned Operation & Maintenance Plan. This condition shall be a continuing condition of this order, even after a Certificate of Compliance is issued. 57. There shall be no increase in the post development discharges from the storm drainage system or any other changes in post. development conditions that alter the post development watershed boundaries as currently depicted in the Notice of Intent and approved by this Order of Conditions, unless specifically approved in writing by the Commission. C:\Winword\OOC\SFH, WinterSt.doc 9 NACC 5/26/05 DEP FILE # 242 —1300 (SFI) 58. Water quality down gradient of BVWs shall not differ significantly following completion of the project from the pre -development conditions. There shall be no sedimentation into wetlands or water bodies from discharge pipes or surface runoff leaving the site. 59. The applicants, owners, and their successors and assignees, shall maintain all culverts, collections basins, traps, outlet structures, subsurface storage areas, and other elements of the drainage system, unless put into an easement to the Town of North Andover, in order to avoid blockages and siltation which might cause failure of the system and/or detrimental impacts to on-site or off-site resource areas, and shall maintain the integrity of vegetative cover on the site. DURING CONSTRUCTION 60. Accepted engineering and construction standards and procedures shall be followed in the completion of the project. 61. IMPORTANT: Immediately upon completion of the dwelling foundation, and prior to further construction activities associated with the site, the applicant shall complete a plan prepared by a Registered Professional Land Surveyor of the Commonwealth (P.L.S.) which accurately depicts the foundation location and it's proximity to wetland resource areas as approved under this Order of Conditions. Said plan shall be submitted to the Conservation Administrator for approval. 62. 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. 63. A crushed stone construction entrance shall be established to minimize soil/ material tracking onto Winter Street and abutting catch basins. This entrance shall be reinforced as necessary. 64. Erosion control devices shall be inspected regularly; any entrapped silt shall be removed to an area outside of the buffer zone and wetland resource areas; silt fence and hay bales shall be replaced as necessary. 65. De -watering activities anticipated shall be supervised and witnessed by the designated Environmental Monitor (EM). This designee must be on-site while work specific to de -watering activities are occurring and until complete. Activities Shall be monitored daily by the ECM to ensure that sediment laden water is appropriately settled prior to discharge toward the wetland resource areas. No CAWinword\OOC\SFH, WinterSt.doc 10 NACC 5/26/05 DEP FILE # 242 —1300 (SFH) discharge of water is allowed directly into an area subject to jurisdiction under the MA Wetlands Protection Act and / or the North Andover Wetlands 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 tank or basin, to reduce turbidity prior to discharge into a resource area. 66. 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. 67. No exposed area shall remain unfinished for more than thirty (30) days, unless approved by the NACC.. 68. 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. 69. 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 will 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. 70. 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. 71. There shall be no stockpiling of soil or other materials within twenty-five (25) feet of any resource area. 72. There shall be no construction vehicles stored; vehicle refueling, equipment lubrication, or maintenance is to be done within 100 feet of any resource area. 73. Washings from concrete trucks, or surplus concrete, shall not be directed to, any drainage system, or wetland resource area. 74. All waste generated by, or associated with, the construction activity shall be contained within the construction area, and away from any wetland resource area. There shall be no burying of spent construction materials or disposal of waste on the site by any other means. The applicant shall maintain dumpsters (or other suitable means) at the site for the storage and removal of such spent construction materials off-site. However, no trash dumpsters will be allowed within 50' of areas subject to protection under the Act or local Bylaw. CAWinword\OOC\SFH, WinterSt.doc 11 NACC 5/26/05 DEP FILE # 242 -1300 (SFH) 75. 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. AFTER CONSTRUCTION 71, 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. , 7 Fertilizers utilized for landscaping and lawn care shall be slow release, low - nitrogen types (< 5%), and shall not be used within 75 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. 79 No road salt, sodium chloride, or other de-icing chemicals shall be used on paved surfaces, and any arrangement for snow removal shall so stipulate due to the importance of the site and wetlands. This condition is issued under the authority of the Town's Wetland Protection Bylaw and shall remain in perpetuity. 7 9,. Upon completion of construction and grading, all disturbed areas located outside resource areas shall be stabilized permanently against erosion. This shall be done either by loaming and seeding according to SCS standards. If the latter course is chosen, stabilization will be considered complete once vegetative cover has been achieved. 9A. Upon approval by Conservation Staff and site stabilization, the erosion controls can be removed and properly disposed of. All exposed areas underneath the erosion control shall be seeded for permanent stabilization. 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. CAWinword\OOC\SFH, WinterSt.doc 12 NACC 5/26/05 DEP FILE # 242 —1300 (SFH) 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 gEy disturbance of soils or vegetation. ➢ Location of all subsurface utilities entering the property. CAWinword\OOC\SFH, WinterSt.doc 13 NACC 5/26/05 DEP FILE # 242 —1300 (SFH) $a. The following special conditions shall survive the issuance of a Certificate of Compliance (COC) for this project: ➢ 25' No -Disturbance Zone and a 50' No -Construction Zone shall be established from the edge of adjacent wetland resource areas except in those locations approved under this filing. Future work within 100' of existing wetland resource areas will require a separate filing with the NACC. The Conservation Administrator and/or other agents of the NACC do not have the authority to waive these setbacks as established under the local Bylaw (Condition #32); ➢ Maintenance of all stormwater structures (Condition #55,*5b, i 57); ➢ Discharge or spillage of pollutants (Condition # 7.5); ➢ Prohibition of underground fuels (Condition #76); ➢ Limitations on the use of fertilizers, herbicides, road salts, de-icing compounds and pesticides (Conditions #77 & 78). ➢ Appendix B: entitled, "Operation & Maintenance Plan & Bouyancy Calculations for Winter Street", dated April 2005, prepared by Joseph J. Serwatka, P.E. No additional filings will be required to conduct maintenance of the above referenced system and plan. CAWinword\OOC\SFH, WinterSt.doc 14 NACC 5/26/05 J DEP FILE # 242 -1300 (SFH) APPENDIX A - AFFIDAVIT I� on oath do hereby depose and state: (authorized agent of applicant and / or owner) 1) I am the (PLEASE CHECK AT LEAST ONE BLOCK) (position with applicant) of the applicant upon whom the Order of Conditions (applicant's name) (DEP or NACC File #) have been placed upon by the North Andover Conservation Commission (NACC). 2) I am the and / or (position with owner) of the owner upon whose land Order of Conditions placed upon by the NACC. (owner) (DEP or NACC File #) have been ♦ I hereby affirm and acknowledge that I have received said Order of Conditions and have read the same and understand each and every condition, which has been set forth in said Order of Conditions. ♦ I hereby affirm and acknowledge that on this day of 20---, I inspected said property, together with any and all improvements, which have been made to the same and hereby certify that each and every condition set forth in the Order of Conditions are presently in compliance. ♦ I hereby affirm and acknowledge that this document will be relied upon by the NACC, as well as any potential buyers of said property, which is subject to the Order of Conditions. Signed under the pain and penalties of perjury this day of 20 (Authorized agent of applicant or owner) CAWinword\OOC\SFH, WinterSt.doc 15 NACC 5/26/05 DEP FILE # 242 -1300 (SFH) APPENDIX B OPERATION & MAINTENANCE PLAN And BOUYANCY CALCULATIONS FOR WINTER STREET Dated April 20, 2005 Prepared By: Joseph J. Serwatka, P.E. C:\Winword\OOC\SFH, WinterSt.doc 16 NACC 5/26/05 Joseph J. Serwatka, P.E. Post Office Box 1016 RECEIVED North Andover, MA 978-683-6595 APR 2 5 2005 April 20, 2005 North Andover Conservation Commission 400 Osgood Street North Andover, MA 01845 Re: Winter Street Notices of Intent NORTH ANDOVER CONSERVATION COMMISSION FILE COTY, Dear Commission Members: We have submitted revised plans for Winter Street dated April 20, 2005. The revisions are based on our last meeting with you. The revisions areas follows: 1. The roadway has been moved slightly to the north as it passet o more buffer gh the buffer zone. This reduces the impact in the 25 zone, dprovides to the wetlands. 2. A 1,500 s.f mitigation area has been shown adjacent to the grassed basin to account for proposed activity within the 25' no -disturb zone. This is a 2:1 mitigation for the proposed work. A planting list has been added. 3. We have added the distances from the proposed dwelling to the edge of wetlands, as requested. _ 4. The oil/sediment separator detail � been submitted t the yourstaff, as requested. n. 5. An operation and maintenanceplan was 6. Bouyancy calculations have been provided for the oil/sediment separator, per you request. iscuss We look forward to meeting with the Com sApril 27 th tog this let erapleaset contact his project again. Should you have any questions concerning me. OPERATION & MAINTENANCE PLAN FOR WINTER STREET MAP 103, LOT 120 GRASSED BASIN As a minimum, basin will be inspected after every major storm event for the first few months, after being seeded, to ensure fimctionality- Thereafter, inspections should take place every six months in the spring and fall and after every major storm event. The grass areas should be inspected for slope integrity, soil. moisture, vegetative health, soil stability, soil compaction and soil erosion. Grass that is showing wear or erosion will be foamed, seeded, mulched, and.fertilized as necessary.to prevent further erosion from taking place. Grassed basin will be cleared of accumulated sediment, grass clippings, leaves, trash and will be mowed when deemed necessary. Collected -debris will be composted or properly disposed of at the city/town landfill. SEDIMENT AND OIL SEPARATOR The separator should be inspected every six months to determine the rate of sediment and floatables accumulation. When approximately one and .one half to two feet of sediment depth has accumulated, the contents should be removed by means of hand held shovels, scallop shovel, or vactor trucks. As a minimum; itis recommended that the separator be cleaned annually. Collected sediments, oils and debris shall be properly disposed of, per state and federal requirements, at the city/town landfill_ INFILTRATOR CHAMBERS To prevent clogging of chambers, roof gutters and downspouts should be inspected and cleaned at least annually. Observations should he made to verify that there are not frequent overflows from the roof downspouts during more regular storm events. This could be an indicator of trench failure. STONE INFILTRATION TRENCHES At a minimum, trenches shall be inspected after Every major storm event for the first twelve months, after construction, to ensure they are stabilized and functioning properly. Thereafter, inspections should take place every six months and after every major storm event. Accumulated leaves, trash, grass clippings shall be removed as necessary and composted or properly disposed of at the city/town landfill Ponding water could be a sign of trench failure. If standing water is observed for more than five to seven days after a rainfall event, the section of the infiltration trench that is failing shall be replaced with similar materials. The bottom should be scarified or tilled to help induce infiltration at the -contact zone of the receiving soils. 4U m 51, Op/ /6 -,r- > ) J, x'412 /6'S SiONA.L i L1Massachusetts Department of Environmental Protection Bureau of Resource Protection - Wetlands 1 WPA Form 5 - Order of Conditions Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 E. Issuance DEP File Number: 242-1300 This Order is valid for three years, unless otherwise specified as a special A-2 7 D5 condition pursuant to General Conditions #4, from the date of issuance. 1. Date oflssuince Please indicate the number of members who will sign this form: y 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 De hof Environmental Protection Regional Office, if not filing electronically, and the rty owner, if different from applicant. , / Signatu Notary Acknowledgement Commonwealth of Massachusetts County of t►. On this Day as of Before me, the undersigned Notary Public, personally appeared i Essex North MEL V -?Co's Month Year Name of Document Signer proved to me through satisfactory evidence of identification, which was/were Massachusetts License Description of evidence of identification to be the person whose name is signed on the preceding or attached document, and acknowledged to me that he/she signed it voluntarily for its stated purpose. As member of North Andover Cityrrown WWK -.,- r,OAf�AONIrE1t{1NOfM19AAd1U�T1s Place notary seal and/or any stamp above This Order is issued to the applicant as follows: ❑ by hand delivery on Date ConserVaUU" CommlSSlon G;. e Signature of Notary Public U 00hnA 1w, /"f%r%�� Printed Name of Notary Public Fl -7/ 2,009 My Commission Expires (Date) [i(by certified mail, return receipt requested, on S a 2/05" Date wpaform5.doc • rev. 3/1/05 Page 7 of 9 It A Massachusetts Department of Environmental Protection �.-- Bureau of Resource Protection - Wetlands WPA Form 5 - Order of Conditions Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 DEP File Number: 242-1300 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 DEP Regional Office to issue a Superseding Order of Conditions. The request must be made by certified mail or hand delivery to the Department, with the appropriate filing fee and a completed Request of Departmental Action Fee Transmittal Form, as provided in 310 CMR 10.03(7) within ten business days from the date of issuance of this Order. A copy of the request shall at the same time be sent by certified mail or hand delivery to the Conservation Commission and to the applicant, if he/she is not the appellant. Any appellants seeking to appeal the Department's Superseding Order associated with this appeal will be required to demonstrate prior participation in the review of this project. Previous participation in the permit proceeding means the submission of written information to the Conservation Commission prior to the close of the public hearing, requesting a Superseding Order or Determination, or providing written information to the Department prior to issuance of a Superseding Order or Determination. The request shall state clearly and concisely the objections to the Order which is being appealed and how the Order does not contribute to the protection of the interests identified in the Massachusetts Wetlands Protection Act, (M.G.L. c. 131, § 40) and is inconsistent with the wetlands regulations (310 CMR 10.00). To the extent that the Order is based on a municipal ordinance or bylaw, and not on the Massachusetts Wetlands Protection Actor regulations, the Department has no appellate jurisdiction. Section G, Recording Information is available on the following page. Page 8 of 9 wpaform5.doc• rev. 3/1/05 Massachusetts Department of Environmental Protection DEP File Number: Bureau of Resource Protection - Wetlands WPA Form 5 - Order of Conditions 242-1300 Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 G. Recording Information This Order of Conditions must be recorded in the Registry of Deeds or the Land Court for the district in which the land is located, within the chain of title of the affected property. In the case of recorded land, the Final Order shall also be noted in the Registry's Grantor Index under the name of the owner of the land subject to the Order. In the case of registered land, this Order shall also be noted on the Land Court Certificate of Title of the owner of the land subject to the Order of Conditions. The recording information on Page 7 of this form shall be submitted to the Conservation Commission listed below. North Andover Conservation Commission Detach on dotted line, have stamped by the Registry of Deeds and submit to the Conservation - Commission. - ------------------------ To: North Andover Conservation Commission Please be advised that the Order of Conditions for the Project at: Project Location Has been recorded at the Registry of Deeds of: County for: 242-1300 DEP File Number Book Page 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 Page 9 of 9 wpeform5.doc• rev, 3/1/05