HomeMy WebLinkAbout2008-02-13 Conservation Commission Minutes Conservation Commission Meeting Minutes
February 13,2008
Member Present: Albert P Manzi, Jr, Chairman, Scott L Masse, Vice Chairman, John J
Mabon, Deborah A Feltovic, Louis A Napoli
Members Absent: Joseph W Lynch, Jr , Sean F McDonough
Staff Members Present: Alison E McKay, Conservation Administrator, Donna M Wedge,
Conservation Secretary
Meeting came to Order at: 7:10 P. M. Quorum Present.
Albert P. Manzi,Jr. Chairman left the meeting at: 9:30 P. M.
Pledge of Allegiance
General Business
242-1324, Certificate of Compliance Request, (Heinze)(Giles Surveying)(cont. from 1/23/08)
No one was present Ms McKay stated the Order was issued in July of 2005 for construction of
an addition in place of an existing garage, which was razed, a porch expansion of a driveway,
and sewer line to an existing single-family dwelling within the Buffer Zone to a Bordering
Vegetated Wetland associated with a pond, which was determined to be Isolated Land Subject to
Flooding A waiver was granted for temporary impacts to the 25-foot No-Disturbance zone for
the purposes of installing a sewer tie-in However, the sewer was not installed as proposed and
instead was installed to the rear of the single-family dwelling to Anne Road, which is greater
than 150' from the wetlands The work commenced in May of 2006 and was completed later in
the year The environmental monitoring was submitted by West Environmental as required The
wetland markers are posted as required A site inspection was conducted when snow melted
significantly and the site was observed to be well stabilized with no signs of erosion
Measurements were verified in the field and are consistent with the as-built plan and confirmed
to be in compliance with the 50' set back A motion to issue the COC and release the bond was
made by Mr Mabon, seconded by Ms Feltovic Unanimous
Recess at 7:25 P. M. to Review of Natural Heritage form.
Returned to meeting at: 7:40 P. M. for review of copies.
242-1407,NHESP Conservation Declaration review (One Hundred Fourteen
Trust)(Garner Company, Inc.)
The applicant Peter Htngoram of One Hundred Fourteen Trust, Patrick Garner of Garner
Company, Inc , Donald F Borenstem, Esq of Johnson& Borenstem, LLC was present Ms
McKay stated the Conservation Easement Plan submitted is not of same scale as the approved
plans 1 50 vs 140 making it difficult to determine if the restriction boundaries incorporated all
required upland mitigation and wetland replication areas it should After scaling and comparing
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the approved with the Conservation Easement Plan submitted and approved by Natural Heritage,
the Easement plan does not incorporate all areas that should be included as part of the
Commission's Conservation Restriction The boundaries of the Commission's Conservation
Restriction should extend along Berry Street right a way and extend to and along the approved
field stonewall on lots IN-A, 2N-A, and 3N-A The Conservation Commission will require a
separate Conservation Restriction and plan, which would then conflict with the submitted plan
Respectively, in review of the language set forth in the Declaration of Restriction, I disagree with
some of the language may or may not be concert with the language of the Town's standard
Conservation Restriction The applicant should understand the Commission's Restriction is most
likely to be more restrictive, but no any less, than what was approved by Natural Heritage Mr
Manzi stated I would make call to Eve of Natural Heritage to check into the Conservation
Declaration approval to make sure this not conflict with NACC Conservation Restriction Mr
Masse stated you would not have attend the next meeting A motion to continue to February 27,
2008 meeting was made by Mr Mabon, seconded by Ms Feltovic Unanimous
Public Hearings at: 8:04 P. M.
242-1398, 575 Osgood Street (Edgewood Retirement Community,Inc.)(Christiansen &
Sergi, Inc.)(cont. from 1/23/08)
The applicant Marlene Rotering Executive Director of Edgewood Retirement Community, Inc ,
Robert W Lavoie of Devine Millemet& Branch, Stacey Furlong of Linbeck, and Joseph A
Naughton of Lmbeek was present Ms McKay stated the paperwork has been reviewed and a
draft decision has been prepared in final form I met with the applicant with comprehensive list
of discussion items As a result, minor revisions were made to the plans in regards to erosion
controls, the landscape plan, physical barriers, O & M Plan, dewatering& deposition of yard
waste, grass clippings, ect The O & M Plan addressing snow storage was also discussed The
applicant understands that if what is proposed is an issue for the Commission, other snow storage
removal procedures will be conditioned An additional mitigation plan was also submitted to
clarify disturbances within the 25-foot No-Disturbance zone vs restoration activities
Specifically on this plan,the applicant represents that total permanent disturbance of the 25-foot
No-Disturbance is 1,587 s f new walkway, portion of roadway, and drainage and that total area
of disturbance 25' restoration is 7,065 s f resulting mitigation ratio of 4 45 I have reviewed
these calculations and agree that these numbers are closely representative to actual impacts vs
proposed restoration activities A motion to close and issue a decision within 21 days was made
by Mr Masse, seconded by Ms Feltovic Unanimous
242-1401,Lot 2 Forest Street(Plasinski)(Professional Land Services)(cont. from
1/23/08)(Reguest to cont. to 2/27/08)
No one was present Mr Masse stated Mr Plasinski now wants put in-ground pool,patio, fence
and shed this was not part of the agreement A motion to continue to February 27, 2008 meeting
was made by Mr Napoli, seconded by Ms Feltovic Unanimous
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242-1420, 880 Great Pond Road (Ercolini)(Andover Consultants,Inc.)(cont. from
1/9/08)(Reguest to cont. to 2/27/08)
No one was present Ms McKay stated the applicant has set up escrow account for outside
review as requested at the last meeting However, revisions to the plans are still being finalized
prior to sending the project out for review Therefore, the applicant has requested a continuance
to the next meeting A motion to continue to February 27, 2008 meeting was made by Ms
Feltovic, seconded by Mr Mahon Unanimous
242-1421, Dale Street-Map 64 Lot 31 (Powderhill Development Corporation)(Marchionda
& Associates,L. P.)
The applicant David Kindred of Powderhill Development Corporation, John A Barrows of
Marchionda& Associates, L P and Abutter Mr & Mrs Ronald Nastasia was present Ms
Feltovic read the legal notice Ms McKay stated the filing is for the construction of a single-
family dwelling, deck, driveway, utilities, boulder retaining walls, drywell, and associated site-
grading activities within the Buffer Zone to a Bordering Vegetated Wetland The lot is located
within the Watershed Protection District and a portion of the lot is located within Estimated&
Priority habitat The applicant has filed with Natural Heritage will be filing the ZBA and
Planning Board Richelle Denney of Arrow Environmental delineated the wetland resource area
in December of 2007 Flags A-I through A-4 only The wetland Flags A-9 through A-I I were
previously delineated by William Manuel of Wetlands & Land Management, Inc , in August of
2006 for abutting property at 244 Dale Street The wetland line was reviewed and confirmed as
accurate by myself following the delineation with no snow cover The wetland flags from 2006
were found in the field as stubs and need to be refreshed Also, all wetland flags are not noted on
the plan and should be The majority of the lot is already cleared and graded with ground cover
of primary, as it appears that the existing single-family dwelling at 256 Dale Street is using the
lot as a maintained side yard The rear of the lot towards the wetland boundary is naturally
wooded and exhibits a natural under story cover However, this existing tree line is not depicted
on the proposed plan The proposed work will comply with the 50-foot No-build zone and the
25-foot no-disturbance zone The proposed dwelling has been designed with a garage-under style
to accommodate the drop in grad on Dale Street The back of the dwelling will have a walkout
foundation providing direct access to the basement from the rear with 12-foot deep wooded deck
at the 1st floor elevation A 3-1/2 foot high boulder wall is proposed to the rear of the proposed
work upgradient to the 25-foot no-disturbance zone to deter future encroachment A wall detail is
not depicted on the plan and should be provided A 20' wide drainage easement also traverses
along the property to the west A 6' x 6' stone drywell is also proposed to recharge roof runoff
Still under review with DEP and Natural Heritage and revised plans needed Mr Napoli stated
how high are you raising the back yard Mr Barrows stated 3-feet to level back yard Abutter of
244 Dale Street Mr Nastasia stated I really do not want a house built right next to me The run-
off of water on to my property would cause me problems Mr Nastasia submitted pictures of the
water run-off Bear Hill runs into pipe under Dale Street and runs thru easement to the wetland
area to the back of the property owned by Town of North Andover Mr Manzi stated I know
there has runoff problem for years from Bear Hill Project on to Dale Street Mr Manzi stated pre
and post construction there should zero runoff of any water on to abutting property that is the
burden of the contractor that builds the single-family on the abutting property from you A
motion to continue to February 27, 2008 meeting was made by Mr Mabon, seconded by Ms
Feltovic Unanimous
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Decision
242-1398, 575 Osgood Street(Edgewood Retirement Community, Inc.)(Christiansen &
Sergi,Inc.)
The applicant Marlene Rotering, Executive Director of Edgewood Retirement Community, Inc ,
Robert W Lavoie of Devine Millemet&Branch, Stacey Furlong of Linbeck, Joseph A
Naughton of Lmbeck Ms McKay stated the bond amount set at $70,000 (9)jurisdictional units-
27 K Roadways &Utilities-5K Stormwater-I 7K Restoration/Mitigation Condition#28 Razing
of existing structures, the construction of twenty-two attached and single-family cottage style
residential unites with attached garages, associated driveways, decks/porches, the conversion of a
structure (Milk Barn) to two residential units,the conversion of an existing single-family
structure (Osgood House)to one residential unit, a greenhouse, roadway construction and
improvements, construction of paved walkways, installation of utilities, stormwater management
structures, associated grading activities and units are jurisdictional A facility addition/expansion
area and associated parking and grading are also proposed However, this work is located outside
of the 100-foot buffer zone and therefore not jurisdictional Several also surround the property
permanently protected by Open Space properties owned by the Town of North Andover and the
Trustees of Reservations All work regulated under this Order is proposed to be located within
boundaries of the Edgewood property and is not proposed to extend beyond these limits on any
of the protected Open Space properties It shall be the responsibility of the applicant to ensure
that no work shall occur within any protected Open Space area maintained by the Town of North
Andover or the Trustees of Reservations during the life of the project and in perpetuity unless
otherwise allowed in the Edgewood Farm Restrictions or otherwise allowed by Trustees of
Reservations or Town of North Andover Condition #30 the following wetland resource areas
are affected by the proposed work Buffer Zone to an Isolated Vegetated Wetland (local), Buffer
Zone to a Bordering Vegetated Wetland and Bank associated with intermittent stream/drainage
channels The 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 areas to the identified interests Condition #31 The NACC agrees with the applicant's
delineation of the wetland resource areas on the site as shown on the approved plans referenced
herein and as approved under the previously issued ORAD 242-1375 with exception to following
changes, additions, and or notations a portion of an additional wetland resource area was
reviewed and approved under this filing, specifically wetland flags W1 through W8 The buffer
zones shown to the east of wetland flag series Y&X on the approved plan are erroneous,
wherein this wetland series delineates one side of the boundary only Therefore, buffer zones on
the eastern side of this wetland resource area delineation should not have been depicted on the
plans referenced herein and are not approved Other buffer zones associated with wetland
resource areas not reviewed or approved under this filing or the ORAD filing were added to the
record plans erroneously, specifically at the lower portion of the along Osgood Street and along
the main entrance drive off of Osgood Street Any wetland resource area and associated buffer
zones not noted and approved under this filing Condition 432 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 25-foot No-
Disturbance zone and a 50-foot No-Build zone shall be established from the edge of the adjacent
wetland resource areas except for demolition of existing structures, the construction/relocation of
Driveway G, installation of utilities and activities within and associated with relocation of the
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roadway, the construction of additional walkways, and the implementation of the approved
restoration/mitigation areas as approved under this filing Condition 433 The NACC hereby
accepts the alternative analysis and therefore grants the applicant a waiver for disturbance within
the regulated 25-foot No-Disturbance Zone 1,587 s f provided that mitigation restoration of
these disturbed areas are conducted in accordance with the approved landscaping and mitigation
plan Condition #34 7,065 s f ratio 2 1 of buffer zone restoration consisting primarily of
meadow areas to remain consistent with the existing natural landscape to be adequate However,
the NACC reserves the right to require alternate species should these species be determined to be
more appropriate. Condition#35 Restoration activities shall be conducted in accordance with the
approved mitigation and landscaping plans and shall be constructed immediately upon
construction of the work in Area H and Area G This sequence shall be reflected in the
construction sequence Condition #36 A qualified wetland scientist shall monitor the restoration
areas for two consecutive growing seasons May and October following construction of said
restoration areas At the end of each seasonal inspection, a progress report and photographs shall
be prepared and submitted to the Conservation Department that describes the survivability,
health and vigor of the restoration areas A total of four separate monitoring reports shall be
submitted over a two-year period If at the end of the first growing season, overall success of
restoration activities is not achieved, the NACC reserves the rights to require additional
mitigation measures Condition#41 recorded by applicant at the Registry of Deeds 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
applicant before work commences may be recorded by the NACC at the applicant' s expense
Condition #42 A sign shall be displayed at the site not less than two square feet or more than
three square feet in size bearing words Massachusetts DEP, File number 242-1398 Condition
#43 Prior to the commencement of any work, the applicant shall submit to the Conservation
Department a copy of approved NPDES Storm Water Pollution Prevention Plan Condition #44
Soil and groundwater testing was conducted in several locations on the site in May of 2007 when.
original drainage designs were proposed Estimated high ground water elevations were
determined in those locations Pond designs were based on the groundwater elevation data
collected at that time Since that time however,the applicant had redesigned the drainage system
Therefore, additional confirmatory soil testing shall be conducted prior to construction and prior
to each building permit application in the locations of the approved stormwater management
structures and in the vicinity of each Stormtech roof drain infiltration area, to determine soil
suitability and high groundwater elevations Upon completion of testing activities,
documentation must be submitted to the Conservation Department for verification of said soil
suitability and separation to groundwater. Condition #45 Prior to construction and during a
period of low water/flow conditions, the existing detention basin should be thoroughly cleaned
and inspected by qualified engineer and any necessary repairs to the basin or outlet control
structure shall be completed Cleaning and inspection of the basin shall be ongoing in accordance
with the approved Operation& Maintenance Plan reference herein Condition #46 During the
prolect review, the outlet from the wetland to the south of the site driveway Wetland flag series
D was observed to be overgrown or otherwise obstructed resulting in overtopping flows onto the
adjacent cart path and onto the Trustees of Reservation property to the south The flow from this
wetland, as well as the discharge from the culvert from Area H should drain toward the wet
meadow further to the west on the Edgewood property In order to preserve the integrity of the
cart path and retain the flow on the Edgewood property, the outlet area in this location shall be
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cleaned and obstructions remove prior to construction activities Condition #47 Prior to the
construction of units G3, G4, G5, H12, H11, H10, and both units labeled H9, the foundation
corners and corners of associated decks/patios of these units shall be staked in the field by
Registered Land Surveyor Measurements shall be taken and verified by the Conservation
Department during the Pre-Construction meeting Condition #48 any changes in the submitted
plans cause by applicant, state, or federal agency, another Board' s decision or resulting from this
Order of Conditions must be submitted to the NACC for approval prior to implementation Said
revisions shall be submitted as part of the record filing even if located outside of the buffer zone
and therefore outside of the NACC' s jurisdiction Condition #49 it is the responsibility of the
applicant, owner, and or successor(s)to ensure that all conditions of this Order of Conditions
area 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
Condition #50 Prior to any work commencing on site, the applicant shall submit to the NACC
for approval, a detailed sequence of construction, including a dated timetable of construction, the
construction of compensation and retention areas, installation of sedimentation and erosion
controls devices, roadway infrastructure,phasing associated with development, the construction
of the associated stormwater management structures, landscaping activities, and required
mitigation/restoration areas The construction sequence shall specify that the stormwater
management structures will be constructed first,prior to any other site preparation This
timetable must continue to be updated through out the project Condition #51 Wetland flagging
shall be checked prior to start of construction and shall be re-established where missing The
proposed limit of work shall be clearly marked with stakes or flags and shall be confirmed by the
NACC Such markers shall be checked and replaced as necessary and shall be maintained until
all construction is complete Workers should be informed that no use of machinery, storage of
machinery or materials, stockpiling of soil, or construction activity is to occur beyond this line at
any time Condition#52 Staked hay bales backed by trenched silt fence Any additional erosion
controls necessary shall be discussed in more detail in the field at the pre-construction meeting
The NACC reserves the right to require the installation of these additional erosion controls at the
pre-construction meeting or at any time during construction activities Condition #53 Minimum
` of 75 hay bales and stakes Said emergency erosion controls shall be on site prior to the
commencement of any work and shall verified by the Conservation Department during the pre-
construction meeting Condition #55 The applicant shall be responsible for placing signs
designating the applicable unit numbers as depicted on the plans approved and referenced herein
Condition #56 Qualified Professional Wetland Scientist as an Erosion Control Monitor,
Credentials of said Erosion Control Monitor should be submitted in writing for review and
subsequent approval by the NACC This person shall be given the authority to stop construction
for erosion control purposes Condition 457 Prior to transferring, or assigning any portion of
said land to another party, such as a Management Company, Condominium Association or
individual, subject to said Order of Conditions,the Compliance Certification Form Affidavit
signed under the pains and penalties of perjury, stating that said applicant has read these Order of
Conditions and is in compliance with each and every condition If portions of said land are
transferred to different parties, such as individual unit condition This document shall apply to
each of the conditions referenced herein and shall be provided Conservation Department at least
five business days prior to the closing of said land transaction
Condition #58 Once these above mentioned pre-construction requirements are complete, the
applicant shall contact the Conservation Office prior preparation or construction and shall
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arrange an on-site conference with an NACC representative, the contractor, the engineer, the
wetland scientist and the applicant to ensure that all of the Conditions of this Order are
understood A reasonable period of time shall be provided as notice of the pre-construction
meeting 72 hours Condition459 All construction and post-construction stormwater management
systems shall be constructed in accordance with the approved construction sequence, supporting
documents and plans submitted with the Notice of Intent,tlus Order of Conditions, and the
approved Operation Maintenance Plan attached herein Condition#60 Construction of the
stormwater structures shall be constructed and functioning as part of the initial project phase,
immediately following clearing and rough grading of the site to serve as siltation control during
construction Runoff from site shall be directed towards the basins Condition#61 All
stormwater best management practices shall be maintained as specified in the Operation and
Maintenance Plan submitted with the Notice of Intent and incorporated in the Order of
Conditions The approved Operation& Maintenance Plan fully binding upon the applicant and/or
owners, successors, agents, associations, heirs and assigns and must be adhered to in perpetuity
Condition#62 Evidence of maintenance of the stormwater management system shall be
provided to the NACC on an annual basis by a Registered Professional Civil Engineer certifying
that the drainage system is working as designed and shall be submitted to the NACC as soon as
the first stormwater structure goes on-line and reports must continue to be submitted until a
Certificate of Compliance is issued Compliance with designed stormwater management system
and associated stormwater management conditions shall be satisfied prior to issuance of a
Certificate of Compliance Condition#63 Temporary and or permanent basins being used for
sedimentation and dewatering during construction shall be cleaned of sediment when levels
exceed six (6) inches The basins shall be cleaned of sediment prior to final grading and
construction of permanent stormwater basins Condition#64 Wetland Ponds are proposed as part
of the stormwater management design Pond plantings must be conducted in accordance with the
approved plans and documents referenced herein A qualified wetland specialist must supervise
wetland plantings and monitoring must be conducted in spring and fall for two (2) consecutive
years after the planting date Reports prepared by a qualified wetland specialist shall be
submitted following each inspection and must document species survival/distribution, sediment
accumulation, water quality and conditions of the pond outlet Condition#65 All roof runoff
shall be directed to the Stormtech roof drain infiltrators to provide groundwater recharge as
shown on the approved plans referenced herein Condition#68 Prior to the issuance of the
Certificate of Compliance, the applicant shall be responsible for cleaning all stormwater
structures, in accordance with the approved Operation& Maintenance Plan attached herein and
the associated stormwater management conditions mandated herein Condition#70 Important
immediately upon completion of the dwelling/unit foundations, and prior to further construction
activities associated with the site, the applicant shall complete a plan prepared by a Registered
Professional Land Survey of the Commonwealth (R P L S ) which accurately depicts the
foundation location of those units within the buffer zone 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 review Condition#73 Crushed stone construction entrances
shall be designated at each access location as shown on the approved plans referenced herein to
minimize soil/material tracking onto the roadways and paved surfaces These entrances shall be
reinforced as necessary throughout the duration of construction Condition#74 Construction
sequencing shall be followed throughout all phases of construction in an appropriate and logical
manner as to minimize site access, thereby minimizing any unnecessary impacts to the wetland
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resource areas Condition475 The NACC finds that physical barriers are necessary in several
locations to prevent future inadvertent encroachment into the wetland resource areas Therefore,
the installation of a split-rail fence shall be installed upgradient to and along the 25-foot No-
Disturbance zone in Area H and in Area G and the installation of a wood guard rail shall be
installed along the edge of a portion of the newly constructed Driveway G upon completion of
construction and as shown on the approved plans and detail referenced herein Condition#76
Additional erosion controls consisting of trenched silt fence shall be placed between the wetland
resource areas and the areas to be restored Erosion controls shall be positioned outside of said
restoration areas and shall be located to minimize disturbance to adjacent jurisdictional areas
Erosion controls required for the construction of the restoration areas in the vivacity of wetland
series X, Y, G, & H shall be positioned and located at the direction of the NACC agent
Condition#77 The designated wetland scientist/erosion control monitor shall be on site during
buffer zone restoration activities Condition 478 All existing and proposed catch basins and oil
traps on the site or on the streets adjacent to the project shall be protected by silt sacks to present
sediment from entering the drainage system Silt sacks shall be maintained and regularly cleaned
of sediment until all areas associated with the work permitted by this Order have been
permanently stabilized and the NACC and/or Conservation Department has formally approved
their removal Condition #79 Erosion control devices shall be inspected regularly any trapped
silt shall be removed to an area outside of the buffer zone and wetland resource areas, silt fence
and hay bales shall be placed as necessary The areas of construction shall remain in stable
condition at the close of each construction day All erosion controls shall be in place throughout
the duration of any construction on the site or unless otherwise authorized by the Conservation
Department Condition #80 Written progress reports every week. Condition#81 All catch basins
shall contain oil/gasoline traps, and it shall be a continuing condition of this order, even after a
Certificate of Compliance-is issued, that the oil/gasoline traps in the catch basins be maintained
All catch basins shall be free of all accumulated silt and debris before Compliance is issued and
the owner or his/her agent shall so specify in the request for Compliance Condition#82 The
sewer lines on the site, where they cross-wetland resource areas, shall be tested for water
tightness in accordance with North Andover DPW standards Condition#83 The Erosion Control
Monitor shall be on site during and/or following a major storm event of 1 inch of rain or greater
to ensure that soils remain stable, erosion controls are adequate and secure, and that all BMP' s
are adequately functioning Condition#84 Approved de-watering activities shall be supervised
and witnessed by designated erosion control monitor This designee must be on site at all times
while dewatering is occurring Dewatering activities shall be conducted as shown on the
approved plans and shall be monitored daily by erosion control monitor to ensure that sediment-
laden water is appropriately settled prior to discharge toward the wetland resource areas No
discharge of water is allowed directly into an area subject to jurisdiction of the Wetlands
Protection Act and/the North Andover Wetland Protection Bylaw If emergency de-watering
requirements arise, the applicant shall submit a contingency plan to the Commission for
approval, which provides for pumped water to be contained in a settling basin, to reduce
turbidity prior to discharge into a resource area Condition#85 Associated pavement and
roadways shall be swept at least b-weekly(twice per month) or as directed by the Erosion
Control Monitor, the Site Supervisor, Project Manager, or Conservation staff for a as long as the
site remains exposed and unstabilized Condition#86 The entrance access road/drive to the
Town owned Open Space area known as Half Mile Hill located of driveway G on the approved
plans shall be constructed and maintained at a minimum width of 20 feet Further, the current
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owner/ applicant, Edgewood Retirement Community, Inc , and/or any future owner
acknowledges said access way and shall not impede/obstruct access to the Town owned Open
Space in perpetuity Condition487 The applicant has voluntarily agreed, by letter from its
Attorney referenced herein, to improve the existing parking area and entranceway to Half Mile
Hill at it own expense during construction activities Improvements shall include, but not limited
to, access improvements, paving of existing parking area, and installation of signage The scope
of work and project details shall be provided by the Conservation Commission prior to the
commencement of said improvement activities As such, the applicant shall notify the
Conservation Commission at least seven(7) days in advance of anticipated activities of this work
in order for the Conservation Commission to prepare and provide the applicant' s contractor with
the necessary documentation and plans to conduct said work In addition, the Town shall be
responsible for obtaining all necessary permits and approvals prior to said work Condition#88
After land development construction is complete and the temporary use of the Wet Ponds as
siltation controls are dismantled, the applicant must visually observe and document high
groundwater conditions within the excavated ponds to determine if hydrology is adequate to
support the proposed wetland vegetative communities Plans shall be submitted for review
depicting proposed pond elevations suitable for sustaining the proposed zoned wetland
communities Condition#89 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,refrigerator, motor, vehicles or parts on any of the
foregoing Condition#90 All disturbed areas must be graded loamed and seeded prior to
November I"of each year Condition#91 No re-grading in the buffer zone shall a slope steeper
that 2 1 Slopes of steeper grade shall be riprapped to provide permanent stabilization
Condition#92 Equipment shall not be staged overnight within 100-feet of a wetland resource
area, excluding the construction of Driveway G The erosion control monitor shall closely
monitor the construction of Driveway G and shall ensure that if equipment is stored overnight for
said construction, it shall be stored in a location as far as practicable from any wetland resource
area Condition#93 There shall be no stockpiling of soil or other materials within twenty-five
(25) feet of any resource area Soils shall be stockpiled in those locations as depicted on the
approved plan reference herein or other suitable locations as determined by NACC Further, all
soil stockpile areas shall be adequately protected and surrounded by appropriate erosion controls
measures Condition#94 Washing from concrete trucks, or surplus concrete, shall not be
directed to, any drainage system, or wetland resource area Condition#95 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 means The applicant shall maintain dumpsters
(or other suitable means) at the site for storage and removal of such spent construction material
off-site However, no trash dumpsters will be allowed within 50' of areas subject to protection
under the Act or local Bylaw Condition#96 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 applicant within one (1) business day No construction vehicles are to be stored within 100
feet of a resource area Condition#97 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 Condition#98 Fertilizers utilized
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for landscaping and lawn care shall be slow release, low-nitrogen types (<5%), and shall not be
used within the 25-feet of 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 Condition#99 No road salt, sodium
chloride, or other de-icing chemicals shall be used on paved surfaces in the buffer zone, and any
arrangement for snow removal shall so stipulates due to the importance of the site and wetlands
The approved O &M plan stipulates snowplowing procedures for the site In addition, the
NACC finds that as stockpiling of snow is needed, permanent signs designating No-Salt Zone
and No-Snow Stockpiling Zones shall be displayed in prominent locations as approved by the
Conservation Department Condition#100 Prior to the issuance of a Certificate of Compliance,
the applicant must submit proof of contract to the Conservation Department in the form of a
written and signed document from the assignee(s) responsible for conducting the perpetual site
maintenance in accordance with the Operation& Maintenance Plan and perpetual conditions
mandated in this Order In addition to this contract,the applicant shall submit an Affidavit from
the assignee (s) acknowledging the Operation& Maintenance responsibilities of the stormwater
management systems in accordance with the approved Operation & Maintenance Plan and other
conditions mandated in this Order Condition#101 Upon completion of work, the applicant shall
permanently mark the edge of the 25' No-Disturbance Zone either on installed posts, existing
trees, or along the approved spilt rail fence behind the units in Area H and behind the units in
Area G with twenty-eight (28) signs or makers spaced evenly every 40-feet incorporating the
following text Protected Wetland Resource Area(available at the Conservation Department) In
addition, eleven (11) of the same signs or markers shall be placed in the manner along the 25'
No-Disturbance Zone starting from the end of the wood guard rail upgradient to wetland Flag G5
ending at the 25' No-Disturbance Zone upgradient to wetland flag J5 This will designate their
sensitivity and assure no further inadvertent encroachment into the wetland These permanent
markers are subject to review and approval by the NACC The applicant shall instruct all agents
to explain these markers to buyers/lessee/landscapers/and all persons taking over property from
the applicant Condition#102 There shall be no dumping of leaves, grass clippings, brush, or
other debris into a wetland resource area or within 25 feet of a wetland resource area This
condition shall remain in perpetuity Condition#103 Upon complete 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
Condition#104 Upon approved site stabilization by Conservation staff, erosion controls shall be
removed and properly disposed of and all exposed unvegetated areas shall be seeded
Condition#105 Upon the completion of construction and final site stabilization, the applicant
shall submit the following to the Conservation Commission as part of a request for a
Certification of Compliance WPA From 8A-Request for Certification of Compliance A letter
from the applicant requesting a Certificate of Compliance The name and address of the current
landowner Signed statements from individual unit owners shall be submitted with the request for
a Certificate of Compliance indicating that they read and understand the Record Order of
Conditions prior to purchasing their unit The name and address of the individual/trust or
corporation to whom compliance is to be granted The street address and assessor' s map/parcel
number for the project The DEP number A written statement from a Registered Professional
Civil Engineer of the Commonwealth certifying that the work has been conducted as shown on
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the plan (s) and documents referenced above, and as conditioned by the Commission detailing
any deviations that exist, and their potential effect on the project A statement that the work is in
substantial compliance with no detailing of the deviations shall not be accepted An As-Built
plan prepared and signed and stamped by a Registered Professional Civil Engineer and
Registered Professional Land Surveyor of the Commonwealth This plan will include
1 As-Built post-construction elevations of all drainage & stormwater management
structures constructed within the 100 feet of any wetland resource area NOTE If
portions of the stormwater systems exist partially within the Buffer Zone than entire
structure must be depicted to accurately verify compliance
2 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 Bylaw
3 Distances from structures to wetland resource areas Structures include (but are not
limited to) septic systems, additions, fences, shed, and stonewall,pools, retaining walls,
subsurface utilities and decks
4 A line showing the limit of work and the extent of existing erosion control devices Work
included any disturbance of soils or vegetation
5 Location of all subsurface utilities entering the property
Condition#106 The following special conditions shall survive the issuance of a Certificate of
Compliance (COC) for this project
1 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 except in those
locations approved under this filing Future work within of existing wetland resource
areas will require a separate filing with the NACC The Conservation Administrator and
or other agents of the of the NACC do not have the authority to waive setbacks as
established under the local Bylaw(Condition#28),
2 Prohibition of any activities on the surrounding protected Open Space properties unless
otherwise allowed by Trustees of Reservations or The Town of North Andover
(Condition#28),
3 Prohibition of impediment/obstruction of any access way to the adjacent Town Open
Space property (Condition#86)
4 Maintenance of all culverts, collections basins, traps, outlet structures, subsurface storage
areas, and to other elements of the drainage system, unless put into an easement to the
Town of North Andover, in order to avoid blockages and siltation, which might cause
failure of the system and/or detrimental impacts to on-site or off-site resource areas
(Condition#69)
5 All catch basins shall contain oit/gasolme traps and shall be maintained(Condition#81)
6 Discharge or spillage of pollutants (Condition496)
7 Prohibition of dumping of underground fuels (Condition#97)
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8 Limitations on the use of fertilizers, herbicides, road salt, de-icing compounds and
pesticides (Conditions#98 & #99)
9 Prohibition of dumping of leaves, grass clippings, brush, or other debris (Condition#102)
10 The approved" Stormwater Operations and Management Plan", include Best
Management Practices No additional filings will be required to conduct maintenance of
all the above referenced systems and pan (Condition#61)
A motion to adjourn the meeting at: 10:45 P. M.was made by Mr. Mahon, seconded by Ms.
Feltovic. Unanimous.
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