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HomeMy WebLinkAboutMiscellaneous - 140 ACADEMY ROAD f+ nt-to .ter-� .... ,f_.'�_ b`S��to ,lid E CEi�''.' P :�Q t : ILi FEB 2O [';1 1 : i s• S$4CHUS* PLANNING DEPARTMENT Community Development Division Form A-Application for APPROVAL NOT REQUIRED DATE: Bring three application forms to the Town Clerk's office to time stamp. Leave one application with the Town Clerk and bring two applications to the Planning Department. The undersigned, believing that the accompanying plan of property in the Town of North Andover, Massachusetts, does not constitute a subdivision within the meaning of the Subdivision Control Law, herewith submits said plan for a determination and endorsement that the Planning Board approval under the Subdivision Control Law is not required. 1. Name Of Applicant: Robert Dale Stevens Address: 140 Academy Road, North Andover, MA 01845 2. Location and Description of Property[include Assessor's Map and Lot and Zoning District(s)]: 140 Academy Road, North Andover, MA 01-845 Map 96, Lot 33 3. Deed Reference: Book2073 Page40 or Certificate of Title: 4. Name of Surveyor: Stephen E. Stapinski, Merrimack Engineering Address:66 Park Street,Andover, MA 01810 Signature of Owner(s): ,, ,�" Aj/ Address: 140 Academy Road, North Andover, MA 01845 Y'. Page 1 of 2 1600 Osgood Street,North Andover,BIdg.20,Suite 2-36 Planning Dept.,Massachusetts 01845 Phone 978.688.9535 Fax 978.688.9542 Web www.townofnorthandover.corn Edited 8/1/07 Please indicate the grounds(either A, B,C or D, not a combination)on which you believe your plan not to be a subdivision. O A. Each lot on the plan meets one of the following criteria: 1. Has the frontage, lot area,and lot width required under the Zoning By-law on: a)a public way,or b)a way which the Town Clerk certifies is maintained&used as a public way,or c)a way shown on a plan approved and endorsed by the Planning Board under the Subdivision Control Law, recorded in Plan Book Plan ,or d)a way in existence before the adoption of the Subdivision Control Law by the Town and which the Board finds adequate for the way's proposed use or e)a way shown on a plan of a subdivision recorded at the Registry of Deeds or the Land Court prior to the adoption of the Subdivision Control Law. Ezi B. Each Lot has been clearly marked on the plan to be either: a)joined to and made part of an adjacent lot, or b)labeled"Not A Building Lot". 0 C. Each lot on the plan contains a building that existed prior to the adoption of the Subdivision Control Law. 0 D. The plan shows an existing parcel with no new lot division(s)and has frontage on a way described above. Received: Town of North Andover Town Clerk(date stamp): Signature of Town Official receiving this application: Notice to APPLICANT/TOWN CLERK of action of Planning Board on accompanying plan: 1. The North Andover Planning Board has determined that said plan does not require approval under the Subdivision Control Law,and the appropriate endorsement has been made upon the same. 2. The North Andover Planning Board has determined that said plan shows a subdivision,as defined by G.L.c.41,s.81-L and must,therefore, be resubmitted for approval under the Subdivision Control Law. Very truly yours, . North Andover Planning BosirsL_, By: Date: 3l/v/rte Page 2 of 2 1600 Osgood Street,North Andover,BIdg.20,Suite 2-36 Planning Dept.,Massachusetts 01845 Phone 978.688.9535 Fax 978.688.9542 Web www.townofnorthandover.com Edited 8/1/07 Ram.Fool ("$4R7, �. ECEI /E❑ 14,o 'c ; I4 FEB 26 PI !•iL' v 44,1 °,1 4tsl.•P''A5 44cHuSt PLANNING DEPARTMENT Community Development Division Form A-A lication for APPROVAL NOT REQUIRED DATE: Bring three application forms to the Town Clerk's office to time stamp. Leave one application with the Town Clerk and bring two applications to the Planning Department. The undersigned, believing that the accompanying plan of property in the Town of North Andover, Massachusetts, does not constitute a subdivision within the meaning of the Subdivision Control Law, herewith submits said plan for a determination and endorsement that the Planning Board approval under the Subdivision Control Law is not required. 1. Name Of Applicant: Robert Dale Stevens Address: 140 Academy Road, North Andover, MA 01845 2. Location and Description of Property[include Assessor's Map and Lot and Zoning District(s)]: 140 Academy Road, North Andover, MA 01845 Map 96, Lot 33 3. Deed Reference: Book2073 Page40 or Certificate of Title: 4. Name of Surveyor: Stephen E. Stapinski, Merrimack Engineering Address:66 Park Street,Andover, MA 01810 Signature of Owner(s): Address: 140 Academy Road, North Andover, MA 01845 Page 1 of 2 1600 Osgood Street,North Andover,Bldg.20,Suite 2-36 Planning Dept.,Massachusetts 01845 Phone 978.688.9535 Fax 978.688.9542 Web www.townofnorthandover.com Edited 8/1/07 • Please indicate the grounds(either A, B, C or D, not a combination)on which you believe your plan not to be a subdivision. D A. Each lot on the plan meets one of the following criteria: 1. Has the frontage, lot area,and lot width required under the Zoning By-law on: a)a public way,or b)a way which the Town Clerk certifies is maintained&used as a public way,or c)a way shown on a plan approved and endorsed by the Planning Board under the Subdivision Control Law, recorded in Plan Book Plan ,or d)a way in existence before the adoption of the Subdivision Control Law by the Town and which the Board finds adequate for the way's proposed use or e)a way shown on a plan of a subdivision recorded at the Registry of Deeds or the Land Court prior to the adoption of the Subdivision Control Law. Ea B. Each Lot has been clearly marked on the plan to be either: a)joined to and made part of an adjacent lot, or b)labeled "Not A Building Lot". 0 C. Each lot on the plan contains a building that existed prior to the adoption of the Subdivision Control Law. 0 D. The plan shows an existing parcel with no new lot division(s)and has frontage on a way described above. Received: Town of North Andover Town Clerk(date stamp): Signature of Town Official receiving this application: Notice to APPLICANT/TOWN CLERK of action of Planning Board on accompanying plan: 1. The North Andover Planning Board has determined that said plan does not require approval under the Subdivision Control Law,and the appropriate endorsement has been made upon the same. 2. The North Andover Planning Board has determined that said plan shows a subdivision,as defined by G.L.c.41, s.81-L and must,therefore, be resubmitted for approval under the Subdivision Control Law. Very truly yours, North Andover Planning Board By Date: Page 2 of 2 1600 Osgood Street,North Andover,BIdg.20,Suite 2-36 Planning Dept.,Massachusetts 01845 Phone 978.688.9535 Fax 978.688.9542 Web www.townofnorthandover.com Edited 8/1/07 NORTh• , y , , RECEIVED TOWN I_,+ERK S OFFICE �' 'b gOlq�T`�D�'fi` �f x 1014 AUG 26 PM I: 54 9SSACHUSSt TOWN OF PLANNING DEPARTMENT K ANDOVER SAS Community Development Division iHUSI'T Form A - Application for APPROVAL NOT REQUIRED DATE: Bring three application forms to the Town Clerk's office to time stamp. Leave one application with the Town Clerk and bring two applications to the Planning Department. Petitioner must submit an electronic PDF version of all submission material. The undersigned, believing that the accompanying plan of property in the Town of North Andover, Massachusetts,does not constitute a subdivision within the meaning of the Subdivision Control Law, herewith submits said plan for a determination and endorsement that the Planning Board approval under the Subdivision Control Law is not required. 1. Name Of Applicant: Academy Road Nominee Trust Address: c/o Matthew A. Caffrey, 93 Main St. , Suite 211, Andover, MA 01810 2. Location and Description of Property[include Assessor's Map and Lot and Zoning District(s)]: Assessor's parcel ID: 710/096.0-0033-0000.0 Residential District 3 (R3) 140 Academy Road, North Andover, MA 3. Deed Reference: Book 13904 Page 125 or Certificate of Title: 4. Name of Surveyor: Hayes Engineering, Inc. Address: 603 Salem St. , Wakefield, MA 01880 Signature of Owner(s): Attorney for Owner Address: 93 Main St. , Suitt:2211. An over, MA 01810 Please indicate the grounds(either A, B, C or D, not a combination)on which you believe your plan not to be a subdivision. Page l of 2 1600 Osgood Street,North Andover,Bldg.20,Suite 2-36 Planning Dept.,Massachusetts 01845 Phone 978.688.9535 Fax 978.688.9542 Web www.townofnorthandover.com Edited 09/28/10 A. Each lot on the plan meets one of the following criteria: Y 1. Has the frontage, lot area,and lot width required under the Zoning By-law on: X a)a public way,or b)a way which the Town Clerk certifies is maintained&used as a public way,or c)a way shown on a plan approved and endorsed by the Planning Board under the Subdivision Control Law, recorded in Plan Book Plan , or d)a way in existence before the adoption of the Subdivision Control Law by the Town and which the Board finds adequate for the way's proposed use or e)a way shown on a plan of a subdivision recorded at the Registry of Deeds or the Land Court prior to the adoption of the Subdivision Control Law. B. Each Lot has been clearly marked on the plan to be either: a)joined to and made part of an adjacent lot,or b) labeled "Not A Building Lot". C. Each lot on the plan contains a building that existed prior to the adoption of the Subdivision Control Law. D. The plan shows an existing parcel with no new lot division(s)and has frontage on a way described above. Received: Town of North Andover Town Clerk(date stamp): Signature of Town Official receiving this application: Notice to APPLICANT/TOWN CLERK of action of Planning Board on accompanying plan: 1. The North Andover Planning Board has determined that said plan does not require approval under the Subdivision Control Law,and the appropriate endorsement has been made upon the same. 2. The North Andover Planning Board has determined that said plan shows a subdivision,as defined by G.L.c.41, s.81-L and must,therefore, be resubmitted for approval under the Subdivision Control Law. Very truly yours, North Andover Planning Board By Date: NOTE: If endorsed, Notice of Plans: The petitioner is responsible for recording the endorsed plans at the Essex North Registry of Deeds, Lawrence, Massachusetts and shall provide a certified recorded copy of these documents to the Planning Department. Page 2 of 2 1600 Osgood Street,North Andover,BIdg.20,Suite 2-36 Planning Dept.,Massachusetts 01845 Phone 978.688.9535 Fax 978.688.9542 Web www.townofnorthandover.com Edited 09/28/10 1 z@,,,. •. ,- ',/§1 ! r 1 �2 p VO kli 111 I y 8 oho CO ha h �� 1l ►:� 34 s� aa �mr , a � � o � . ^11 o t ak� 7k iii IV v m ° .Sal ° �i cz�, a��j\{ Eic;oBe S, tam;t1t. 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FAX: FROM: Jean Enright, Planning Assistant FAX: 978-688-9542 PHONE: 978-688-9535 A Please sign your name and fill in address of premises affected, fill in current date, return same to fax 978-688-9542. Thank you. i Land Disturbance Permit "REQUEST FOR A CONTINUANCE" , NAME: --rizetlii4:1. L r; ADDRESS OF PREMISES AFFECTED: t t i PHONE NUMBER• AREA CODE: i li r, 1 0 `767 i 1 t. "I WISH TO REQUEST A CONTINUANCE UNTIL / 31 / 11 , THEREFORE WAIVE THE TIME CONSTRAINTS F ISSUING OF ANY AND/ALL DECISIONS RELATIVE TO ANY/AND ALL PERMITS OF THE PLANNING BOARD FOR THE TOWN OF NORTH ANDOVER, MA." SIGNED BY PETITIONER OR REPRESENTATIVE: t .----/../41.-- tl- , ../1.-- --- i DATE: (SIGNATURE) D /II ( LL IN CURRENT DATE) 1 BOARD OF APPEALS 688-9541 BUILDING 658-9545 CONSERVATION 688.9530 HEALTH 688-9540 PLANNING 688-9535 U' V i ggE a� P Massachusetts Department of Environmental Protection Provided by MassDEP: Bureau MassDEP File#:242-1613 rr WPA Form of Resource 5-Order of Protection Conditions- Wetlands eDEP Transaction#:618656 ti Massachusetts Wetlands Protection Act M.G.L.c. 131, §40 City/Town:NORTHANDOVER A. General Information 1.Conservation Commission NORTH ANDOVER t' 2. Issuance a. p OOC b.p Amended OOC 3.Applicant D etails a First Name DEBB b.Last Name PUTNAM c.Organization NORTH PARISH CHURCH d.Mailing Address 3 GREAT POND ROAD ? e.City/Town NORTH ANDOVER f.State MA g.Zip Code 01845 4.Property Owner a First Name b.Last Name c.Organization NORTH PARISH CHURCH d.Mailing Address 190 ACADEMY ROAD e.City/Town NORTH ANDOVER f.State MA g.Zip Code 01845 5.Project Location a.Street Address - 190 ACADEMY ROAD �< b.City/Town NORTH ANDOVER c.Zip Code 01845 d.Assessors Map/Plat# 96 e.Parcel/Lot# 72 f Latitude 42.68459N g.Longitude 71.11192W 6.Property recorded at the Registry of Deed for: a.County b.Certificate c.Book d.Page NORTHERN ESSEX 249 172 7.Dates a.Date NOI Filed: 10/25/2013 b.Date Public Hearing Closed: 1/8/2014 c.Date Of Issuance: 1/9/2014 8.Final Approved Plans and Other Documents a.Plan Title: b.Plan Prepared by: c.Plan Signed/Stamped by: d.Revised Final Date: e.Scale: NORTH PARISH PHILIP G.CHRISTIANSEN, CHURCH(SHEETS CHRISTIANSEN& P.E.&MICHAEL J.SERGI, 10-15-13 1"=20' C-100 THROUGH C-SERGI,INC. PLS 105) B. Findings Page 1 of 10*ELECTRONIC COPY i 1 1 1 Massachusetts Department of Environmental Protection Provided by MassDEP: Bureau of Resource Protection-Wetlands MassDEP File#:242-1613 WPA Form 5- Order of Conditions eDEP Transaction#:618656 z Massachusetts Wetlands Protection Act M.G.L.c. 131,§40 City/Town:NORTHANDOVER t 1.Findings pursuant to the Massachusetts Wetlands Protection Act ' Following the review of the the above-referenced Notice of Intent and based on the information provided in this application and presented at the public hearing,this Commission finds that the areas in which work is proposed is significant to the following interests of the Wetlands Protection Act. Check all that apply: 1 i a. o Public Water Supply b. ❑ Land Containing Shellfish c.❑ Prevention of Pollution e d. o Private Water Supply e. o Fisheries f. o Protection of Wildlife Habitat t g. o Ground Water Supply h. ❑ Storm Damage Prevention i. ❑ Flood Control i 2.Commission hereby finds the project,as proposed,is: i t Approved subject to: a.o 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 t' differ from the plans,specifications,or other proposals submitted with the Notice of Intent,these conditions shall control. Denied because: b.❑ The proposed work cannot be conditioned to meet the performance standards set forth in the wetland regulations.Therefore, work on this project may not go forward unless and until a new Notice of Intent is submitted which provides measures which are I adequate to protect interests of the Act,and a fmal Order of Conditions is issued.A description of the performance standards which the proposed work cannot meet is attached to this Order. c.❑ The information submitted by the applicant is not sufficient to describe the site,the work or the effect of the work on the interests I identified in the Wetlands Protection Act.Therefore,work on this project may not go forward unless and until a revised Notice of Intent is submitted which provides sufficient information and includes measures which are adequate to protect the interests of the Act,and a fmal 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). t 3 o Buffer Zone Impacts:Shortest distance between limit of project disturbance and the wetland resource 70 u area specified in 310CMR10.02(1)(a). t a.linear feet i; Inland Resource Area Impacts:(For Approvals Only): Resource Area Proposed Permitted Proposed Permitted Alteration Alteration Replacement Replacement 4. o Bank a.linear feet b.linear feet c.linear feet d.linear feet 5.❑ Bordering Vegetated Wetland a.square feet b.square feet c.square feet d.square feet 6. ❑ Land under Waterbodies and Waterways a.square feet b.square feet c.square feet d.square feet e.c/y dredged f c/y dredged , Page 2 of 10*ELECTRONIC COPY 1 I 1 Massachusetts Department of Environmental Protection Provided by MassDEP: Bureau of Resource Protection-Wetlands MassDEP File#:242-1613 WPA Form 5 - Order of Conditions eDEP Transaction#:618656 LI Massachusetts Wetlands Protection Act M.G.L.c. 131,§40 City/Town:NORTHANDOVER t gg , S 7.o Bordering Land Subject to Flooding a.square feet b.square feet c.square feet d.square feet 4 Cubic Feet Flood Storage e.cubic feet f.cubic feet g.cubic feet h.cubic feet 8.u Isolated Land Subject to Flooding a square feet b.square feet i t Cubic Feet Flood Storage c.cubic feet d.cubic feet e.cubic feet f.cubic feet i 9.o Riverfront Area 1 a total sq.feet b.total sq.feet i Sq ft within 100 ft s c.square feet d.square feet e.square feet f.square feet Sq ft between 100-200 ft g.square feet h.square feet i.square feet j.square feet R Coastal Resource Area Impacts: '. Resource Area Proposed Permitted Proposed Permitted t Alteration Alteration Replacement Replacement 10.o Designated Port Areas Indicate size under Land Under the Ocean,below 11.o Land Under the Ocean {' a square feet b.square feet x; c.c/y dredged d.c/y dredged i 12.o Barrier Beaches Indicate size under Coastal Beaches and/or Coastal Dunes below I'' 13.o Coastal Beaches k' a.square feet b.square feet c.c/y nourishment d.c/y nourishment 14.o Coastal Dunes { a.square feet b.square feet c.c/y nourishment d.c/y nourishment 15.o Coastal Banks a linear feet b.linear feet 16.o Rocky Intertidal Shores , a square feet b.square feet t i 17.o Salt Marshes a square feet b.square feet c.square feet d.square feet 18.o Land Under Salt Ponds a square feet b.square feet c.c/y dredged d.c/y dredged } 19.u Land Containing Shellfish Page 3 of 10*ELECTRONIC COPY t 1 1 1 i 7 Massachusetts Department of Environmental Protection Provided by MassDEP: ' Bureau of Resource Protection-Wetlands MassDEP File#:242-1613 WPA Form 5- rder of Conditions eDEP Transaction#:618656 5 Massachusetts Wetlands Protection Act M.G.L.c. 131, §40 City/Town:NORTH ANDOVER t ; 1 y a.square feet b.square feet c.square feet d.square feet I. I Indicate size under Coastal Banks,inland Bank,Land Under the t 20.o Fish Runs Ocean,and/or inland Land Under Waterbodies and Waterways, (' above 1 c.dy dredged d.dy dredged 21.o Land Subject to Coastal Storm Flowage 1 a.square feet b.square feet t t 22. o Restoration/Enhancement(For Approvals Only) If the project is for the purpose of restoring or enhancing a wetland resource area in addition to the square footage that has been t entered in Section B.5.c&d or B.17.c&d above,please entered the additional amount here. a,square feet of BVW b.square feet of Salt Marsh 23. o Streams Crossing(s) If the project involves Stream Crossings,please enter the number of new stream crossings/number of replacement stream crossings. ,, t= a.number of new stream crossings b.number of replacement stream crossings 't C. General Conditions Under Massachusetts Wetlands Protection Act The following conditions are only applicable to Approved projects 1. Failure to comply with all conditions stated herein,and with all related statutes and other regulatory measures,shall be deemed t. 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. t` 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. I;! 4. The work authorized hereunder shall be completed within three years from the date of this Order unless either of the following apply: t 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. ,< t 5. This Order may be extended by the issuing authority for one or more periods of up to three years each upon application to the issuing authority at least 30 days prior to the expiration date of the Order. 6. If this Order constitutes an Amended Order of Conditions,this Amended Order of Conditions does not exceed the issuance date of the original Final Order of Conditions. 7. Any fill used in connection with this project shall be clean fill.Any fill shall contain no trash,refuse,rubbish,or debris,including but not limited to lumber,bricks,plaster,wire,lath,paper,cardboard,pipe,tires,ashes,refrigerators,motor vehicles,or parts of t any of the foregoing. 8. This Order is not final until all administrative appeal periods from this Order have elapsed,or if such an appeal has been taken, i' until all proceedings before the Department have been completed. i` t: Page 4 of 10 *ELECTRONIC COPY i N 1 1 . i 1 f Massachusetts Department of Environmental Protection Provided by MassDEP: Bureau of Resource Protection-Wetlands MassDEP File#:242-1613 lib. ill WPA Form 5- Order of Conditions eDEP Transaction#:618656 Massachusetts Wetlands Protection Act M.G.L.c. 131, §40 City/Town:NORTH ANDOVER 1 9. No work shall be undertaken until the Order has become final and then has been recorded in the Registry of Deeds or the Land Court for the district in which the land is located,within the chain of title of the affected property.In the case of recorded land, a the Final Order shall also be noted in the Registry's Grantor Index under the name of the owner of the land upon which the proposed work is to be done.In the case of the registered land,the Final Order shall also be noted on the Land Court Certificate of Title of the owner of the land upon which the proposed work is done.The recording information shall be submitted to the Conservation Commission on the form at the end of this Order,which form must be stamped by the Registry of Deeds, prior to the commencement of work.. 10. A sign shall be displayed at the site not less then two square feet or more than three square feet in size bearing the words, "Massachusetts Department of Environmental Protection" [or'MassDEP"] File Number:"242-1613" 11. Where the Department of Environmental Protection is requested to issue a Superseding Order,the Conservation Commission shall be a party to all agency proceedings and hearings before Mass DEP. 12. Upon completion of the work described herein,the applicant shall submit a Request for Certificate of Compliance(WPA Form 8A)to the Conservation Commission. 13. The work shall conform to the plans and special conditions referenced in this order. 14. Any change to the plans identified in Condition#13 above shall require the applicant to inquire of the Conservation Commission in writing whether the change is significant enough to require the filing of a new Notice of Intent. 15. The Agent or members of the Conservation Commission and the Department 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 w Order,and may require the submittal of any data deemed necessary by the Conservation Commission or Department for that p' evaluation. 16. This Order of Conditions shall apply to any successor in interest or successor in control of the property subject to this Order and to any contractor or other person performing work conditioned by this Order. 17. Prior to the start of work,and if the project involves work adjacent to a Bordering Vegetated Wetland,the boundary of the wetland in the vicinity of the proposed work area shall be marked by wooden stakes or flagging.Once in place,the wetland y' boundary markers shall be maintained until a Certificate of Compliance has been issued by the Conservation Commission. 18. All sedimentation barriers shall be maintained in good repair until all disturbed areas have been fully stabilized with vegetation or other means.At no time shall sediments be deposited in a wetland or water body.During construction,the applicant or his/her designee shall inspect the erosion controls on a daily basis and shall remove accumulated sediments as needed.The applicant shall immediately control any erosion problems that occur at the site and shall also immediately notify the Conservation Commission,which reserves the right to require additional erosion and/or damage prevention controls it may deem necessary. Sedimentation barriers shall serve as the limit of work unless another limit of work line has been approved by this Order. NOTICE OF STORMWATER CONTROL AND MAINTENANCE REQUIREMENTS 19. The work associated with this Order(the"Project")is(1) o is not(2)o subject to the Massachusetts Stormwater Standards. If the work is subject to Stormwater Standards,then the project is subject to the following conditions; a) All work,including site preparation,land disturbance,construction and redevelopment,shall be implemented in accordance with the construction period pollution prevention and erosion and sedimentation control plan and,if applicable,the Stormwater Pollution Prevention Plan required by the National Pollutant Discharge Elimination System Construction General Permit as required by Stormwater Standard 8.Construction period erosion,sedimentation and pollution control measures and best management practices(BMPs)shall remain in place until the site is fully stabilized. b) No stormwater runoff may be discharged to the post-construction stormwater BMPs unless and until a Registered , Professional Engineer provides a Certification that:i.all construction period BMPs have been removed or will be removed by a date certain specified in the Certification.For any construction period BMPs intended to be converted to post construction a' operation for stormwater attenuation,recharge,and/or treatment,the conversion is allowed by the MassDEP Stormwater Handbook BMP specifications and that the BMP has been properly cleaned or prepared for post construction operation, including removal of all construction period sediment trapped in inlet and outlet control structures;ii..as-built final construction Page 5 of 10*ELECTRONIC COPY . s i 1 1 5 1 Massachusetts Department of Environmental Protection Provided by MassDEP: — Bureau of Resource Protection-Wetlands MassDEP File#:242-1613 WPA Form 5-Order of Conditions eDEP Transaction#:618656 Cityffown:NORTH ANDOVER 4 Massachusetts Wetlands Protection Act M.G.L.c. 131, §40 t BMP plans are included,signed and stamped by a Registered Professional Engineer,certifying the site is fully stabilized;iii. any illicit discharges to the stormwater management system have been removed,as per the requirements of Stormwater f Standard 10;iv.all post-construction stormwater BMPs are installed in accordance with the plans(including all planting r plans)approved by the issuing authority,and have been inspected to ensure that they are not damaged and that they are in 1; proper working condition;v.any vegetation associated with post-construction BMPs is suitably established to withstand erosion. {; c) The landowner is responsible for BMP maintenance until the issuing authority is notified that another party has legally assumed responsibility for BMP maintenance.Prior to requesting a Certificate of Compliance,or Partial Certificate of Compliance,the responsible party(defined in General Condition 19(e))shall execute and submit to the issuing authority an Operation and Maintenance Compliance Statement("O&M Statement")for the Stormwater BMPs identifying the party responsible for implementing the stormwater BMP Operation and Maintenance Plan("O&M Plan")and certifying the following:i.)the O&M I, Plan is complete and will be implemented upon receipt of the Certificate of Compliance,and ii.)the future responsible parties I' shall be notified in writing of their ongoing legal responsibility to operate and maintain the stormwater management BMPs and 1 implement the Stormwater Pollution Prevention Plan. d) Post-construction pollution prevention and source control shall be implemented in accordance with the long-term pollution Y' prevention plan section of the approved Stormwater Report and,if applicable,the Stormwater Pollution Prevention Plan t. required by the National Pollutant Discharge Elimination System Multi-Sector General Permit c e) Unless and until another party accepts responsibility,the landowner,or owner of any drainage easement,assumes r responsibility for maintaining each BMP.To overcome this presumption,the landowner of the property must submit to the r. issuing authority a legally binding agreement of record,acceptable to the issuing authority,evidencing that another entity has ?' accepted responsibility for maintaining the BMP,and that the proposed responsible party shall be treated as a permittee for purposes of implementing the requirements of Conditions 19(f)through 19(k)with respect to that BMP.Any failure of the proposed responsible party to implement the requirements of Conditions 19(f)through 19(k)with respect to that BMP shall ': be a violation of the Order of Conditions or Certificate of Compliance.In the case of stormwater BMPs that are serving more than one lot,the legally binding agreement shall also identify the lots that will be serviced by the stormwater BMPs.A plan and easement deed that grants the responsible party access to perform the required operation and maintenance must be submitted `, along with the legally binding agreement t f) The responsible party shall operate and maintain all stormwater BMPs in accordance with the design plans,the O&M Plan, &` and the requirements of the Massachusetts Stormwater Handbook. g) The responsible party shall: 1.Maintain an operation and maintenance log for the last three(3)consecutive calendar years of inspections,repairs, i maintenance and/or replacement of the stormwater management system or any part thereof,and disposal(for disposal the ( log shall indicate the type of material and the disposal location); 2.Make the maintenance log available to MassDEP and the Conservation Commission("Commission")upon request;and 3.Allow members and agents of the MassDEP and the Commission to enter and inspect the site to evaluate and ensure that the responsible party is in compliance with the requirements for each BMP established in the O&M Plan approved by the issuing authority. h) All sediment or other contaminants removed from stormwater BMPs shall be disposed of in accordance with all applicable I federal,state,and local laws and regulations. i) Illicit discharges to the stormwater management system as defined in 310 CMR 10.04 are prohibited. j) The stormwater management system approved in the Order of Conditions shall not be changed without the prior written approval of the issuing authority. k) Areas designated as qualifying pervious areas for the purpose of the Low Impact Site Design Credit(as defined in the MassDEP Stormwater Handbook,Volume 3,Chapter 1,Low Impact Development Site Design Credits)shall not be altered without the prior written approval of the issuing authority. I) Access for maintenance,repair,and/or replacement of BMPs shall not be withheld.Any fencing constructed around stormwater BMPs shall include access gates and shall be at least six inches above grade to allow for wildlife passage. Page 6 of 10*ELECTRONIC COPY is ai ;4 tl • Massachusetts Department of Environmental Protection Provided by MassDEP: Bureau of Resource Protection-Wetlands MassDEP File#:242-1613 WPA Form 5 -Order of Conditions eDEP Transaction#:618656 Massachusetts Wetlands Protection Act M.G.L.c. 131,§40 City/Town:NORTH ANDOVER Special Conditions: SEE ATTACHED. ff } F Page 7 of 10*ELECTRONIC COPY i i Massachusetts Department of Environmental Protection Provided by MassDEP: 3 Bureau of Resource Protection- Wetlands MassDEP File#:242-1613 WPA Form 5 -Order of Conditions eDEP Transaction#:618656 1�` City/Town:NORTH ANDOVER 1 i\ Massachusetts Wetlands Protection Act M.G.L.c. 131,§40 r, D. Findings Under Municipal Wetlands Bylaw or Ordinance I 1. Is a municipal wetlands bylaw or ordinance applicable?o Yes o No t 2. The Conservation Commission hereby(check one that applies): a. o DENIES the proposed work which cannot be conditioned to 1` meet the standards set forth in a municipal ordinance or bylaw E specifically: E` 1.Municipal Ordinance or Bylaw 2.Citation il 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 fmal Order or Conditions is issued.Which are necessary to comply with a municipal ordinance or bylaw: b. o APPROVES the proposed work,subject to the following additional conditions. NORTH ANDOVER WETLANDS i' 1.Municipal Ordinance or Bylaw PROTECTION 2.Citation CHAPTER 178 t BYLAW l; 3. The Commission orders that all work shall be performed in accordance with the following conditions and with the Notice of l 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. t i a The special conditions relating to municipal ordinance or bylaw are as follows: SEE ATTACHED. T l i i' 1, , 1 1p F c Page 8 of 10*ELECTRONIC COPY t: 1 r s i 1 Massachusetts Department of Environmental Protection Provided by MassDEP: t" I Bureau of Resource Protection- Wetlands MassDEP File#:242-1613 WPA Form 5 - Order of Conditions eDEP Transaction#:618656 LI Massachusetts Wetlands Protection Act M.G.L.c. 131,§40 City/Town:NORTH ANDOVER I E. Signatures I This Order is valid for three years from the date of issuance,unless otherwise specified /— Y - / k pursuant to General Condition#4.If this is an Amended Order of Conditions,the Amended 1.Date of Ori ' al Orde , Order expires on the same date as the original Order of Conditions. Please indicate the number of members who will sign this form.This Order must be signed by a majority of the Conservation Commission. 2.Number of igners The Order must be mailed by certified mail(return receipt requested)or hand delivered to the applicant.A copy also must be mailed t or hand delivered at the same time to the appropriate Department of Environmental Protection Regional Office,if not filing i electronically,and the property owner,if different from applicant. f t: Signatures: is / /,44,,.4, /'OR') itatdiNt—0 I 17---01.-1 C—, , , , _,...._....a.m........ ANN ■11:14 I' , ,4 by h nd delive 10 ' `ruby cei i ied mail,return receipt requested,on I/61k/ r Date Date t t F. Appeals The applicant,the owner,any person aggrieved by this Order,any owner of land abutting the land subject to this Order,or any ten residents of the city or town in which such land is located,are hereby notified of their right to request the appropriate MassDEP Regional Office to issue a Superseding Order of Conditions.The request must be made by certified mail or hand delivery to the Department,with the appropriate filing fee and a completed Request for Departmental Action Fee Transmittal Form,as provided in 310 CMR 10.03(7)within ten business days from the date of issuance of this Order.A copy of the request shall at the same time be 5. sent by certified mail or hand delivery to the Conservation Commission and to the applicant,if he/she is not the appellant i Any appellants seeking to appeal the Department's Superseding Order associated with this appeal will be required to demonstrate prior participation in the review of this project.Previous participation in the permit proceeding means the submission of written information to the Conservation Commission prior to the close of the public hearing,requesting a Superseding Order,or providing written information to the Department prior to issuance of a Superseding Order. i The request shall state clearly and concisely the objections to the Order which is being appealed and how the Order does not i 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, i` and not on the Massachusetts Wetlands Protection Act or regulations,the Department has no appellate jurisdiction. l t Page 9 of 10 *ELECTRONIC COPY i e 1 r Massachusetts Department of Environmental Protection Provided by MassDEP: N‘T' Bureau of Resource Protection-Wetlands MassDEP File#:242-1613 ! WPA Form 5 - Order of Conditions eDEP Transaction#:618656 Massachusetts Wetlands Protection Act M.G.L.c. 131, §40 City/Town:NORTH ANDOVER G. Recording Information This Order of Conditions must be recorded in the Registry of Deeds or the Land Court for the district in which the land is located, within the chain of title of the affected property.In the case of recorded land,the Final Order shall also be noted in the Registry's Grantor Index under the name of the owner of the land subject to the Order.In the case of registered land,this Order shall also be noted on the Land Court Certificate of Title of the owner of the land subject to the Order of Conditions.The recording information on this page shall be submitted to the Conservation Commission listed below. NORTH ANDOVER Conservation Commission Detach on dotted line,have stamped by the Registry of Deeds and submit to the Conservation Commission. To: NORTH ANDOVER Conservation Commission Please be advised that the Order of Conditions for the Project at: 190 ACADEMY ROAD 242-1613 Project Location MassDEP File Number Has been recorded at the Registry of Deeds of County Book Page for Property Owner and has been noted in the chain of title of the affected property in: Book Page ti- 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 Rev.4/1/2010 Page 10 of 10*ELECTRONIC COPY DEPFILE #242 - 1613 { The North Andover Conservation Commission (hereafter the "NACC") hereby finds that the z` 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. E GENERAL CONDITIONS 20. The proposed work within jurisdiction includes: grading, foundation drainage, construction access and new concrete sidewalk all associated with the construction of an addition to the existing structure. This work is within 100 feet of Bordering Vegetated Wetland (BVW) associated with an intermittent stream. The proposed addition is more than 100' from the wetland resource area. 21. The work shall conform to the following (except as noted in the remainder of this document where revisions may be required): Applicant: Debb Putnam North Parish Church 3 Great Pond Road North Andover, Massachusetts 01845 Property Owner: North Parish Church 190 Academy Road North Andover, MA 01845 Notice of Intent filed by: Philip Christiansen Christiansen&Sergi, Inc. 160 Summer Street Haverhill, MA 01830 } Date filed: October 24, 2013 Site Plans prepared by: Torrey Architecture 75 Kneeland Street Boston, MA 02111 Titled: North Parish Church (Sheets C-100 through C-105) Date: 10-15-13 Stamped by: Philip G. Christiansen, P.E. Michael J. Sergi, P. L.S. } 242-1613,Academy Rd 190 OOC Special Conditions 1 NACC 1/9/2014 DEP FILE Other Record Documents: North Parish Church Checklist for Stormwater Report(Including Roof Runoff Infiltration Areas t. Maintenance) Prepared by: Christiansen &Sergi, Inc. Received December 10, 2013 Letter from Philip G. Christiansen, P.E. Dated November 4, 2013 Wetland Delineation Conducted by: Curt Young 10/11/13 22. The term "Applicant" as used in this Order of Conditions shall refer to the owner, any successor in interest or successor in control of the property referenced in the Notice of Intent, supporting documents and this Order of Conditions. The NACC shall be notified in writing within 30 days of all transfers of title of any portion of property that takes place prior to the issuance of a Certificate of Compliance. 23. The conditions of this decision shall apply to, and be binding upon, the applicant, owner, its employees and all successors and assigns in interest or control. These obligations shall be expressed in covenants in all deeds to succeeding owners of portions of the property. 24. Failure to comply with all conditions stated herein, and with all related statutes and other regulatory measures, shall be deemed cause to revoke or modify this Order. 25. This Order does not grant any property rights or any exclusive privileges;it does not authorize any injury to private property or invasion of property rights. However, the NACC, agent of the NACC or the Department of Environmental Protection (DEP) reserves the right to enter and inspect the property at all reasonable times until a Certificate of Compliance is issued, to evaluate compliance with this Order of Conditions, the Act (310 CMR 10.00), the North Andover Wetland ByLaw and Regulations, and may require any information, measurements, photographs, observations, and/or materials, or may require the submittal of any data or information deemed necessary by the NACC for that evaluation. Further,work shall be halted on the site if the NACC, agent or DEP determines that any of the work is not in compliance with this Order of Conditions. Work shall not resume until the NACC is satisfied that the work will comply and has so notified the applicant in writing. 26. This Order does not relieve the permittee or any other person of the necessity of complying with all other applicable federal, state or local statutes, ordinances, by-laws or regulations. 27. The work authorized hereunder shall be completed within three years from the date of this order. 242-1613,Academy Rd 190 OOC Special Conditions 2 NACC 1/9/2014 DEP FILE #242 - 1613 /II' 28. This Order may be extended by the issuing authority for one but not more than two { periods of up to one year each upon application to the issuing authority at least thirty days (30) prior to the expiration date of the Order (Refer to Section 8.3 of the North Andover Wetland Regulations). i29. 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 1 or information so warrant. 1 30. Where the Department of Environmental Protection (DEP) is requested to make a determination and to issue a Superseding Order, the Conservation Commission shall be a party to all agency proceedings and hearings before the Department. 31. Any future project which proposes a wetland crossing in order to access certain portions of the property will not be qualified as a limited project roadway under 310 CMR 10.53(e). E' 32. 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. 33. The NACC agrees with the applicant's delineation of the wetland resource areas on the site as shown on the plans dated referenced herein. 34. The NACC finds that the intensive use of the upland areas and buffer zone proposed on this site will cause further alteration of the wetland resource areas. In order to prevent any alteration of wetland resource areas a twenty five foot (25') No- Disturbance Zone and a fifty foot(50') No-Construction Zone shall be established from the edge of the adjacent wetland resource area as shown on the herein referenced plans. 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). 35. This document shall be included in all construction contracts, subcontracts, and specifications dealing with the work proposed and shall supersede any conflicting contract requirements. The applicant shall assure that all contractors, subcontractors, and other personnel performing the permitting work are fully aware of the permits terms and conditions. Thereafter, the contractor will be held jointly liable for any violation of this Order resulting from failure to comply with its conditions. 242-1613,Academy Rd 190 OOC Special Conditions 3 NACC 1/9/2014 • DEPFILE #242 - 1613 36. The owners of the project and their successors in title agree that the Order does not in itself impose upon the Town any responsibility to maintain the proposed drainage system and that said Town shall not be liable for any damage in the event of failure. By acceptance of this Order, the owners agree to indemnify and hold harmless to the Town and its residents for any damage attributable to alterations undertaken on this property pursuant to the Order. Issuance of these Conditions does not in any way imply or certify that the site or downstream areas will not be subject to flooding, storm damage or any other form of water damage. PRIOR TO CONSTRUCTION 37. No work shall be undertaken until all administrative appeal periods from this Order have elapsed or, if such an appeal has been filed, until all proceedings before the Department or Court have been completed. 38. This Order shall be recorded by the applicant at the Registry of Deeds immediately after the expiration of all appeal periods. No work shall be undertaken until the Final Order has been recorded in the Registry of Deeds or the Land Court for the district in which the land is located, within the chain of title of the affected property. In the case of recorded land, the Final Order shall also be noted in the Registry's Grantor Index under the name of the owner of the land upon which the proposed work is to be done. In the case of registered land, the Final Order shall also be noted on the Land Court Certificate of Title of the owner of the land upon which the proposed work is to be done. The recording information shall be submitted to the North Andover Conservation Commission on the form at the end of this Order prior to commencement of the work. Any Order not recorded by the applicant before work commences may be recorded by the NACC at the applicant's expense. 39. A sign shall be displayed at the site not less than two square feet or more than three square feet in size bearing the words "Massachusetts DEP, File Number 242-1613." 40. Any changes in the submitted plans caused by the applicant, another Board's decision or resulting from this Order of Conditions must be submitted to the NACC for approval prior to implementation. If the NACC finds said changes to be significant, the NACC will call for another public hearing (at the expense of the applicant). Within 21 days of the close of said public hearing the NACC will issue an amended or new Order of Conditions. Any errors found in the plans or information submitted by the applicant shall be considered as changes. No work shall begin on a project until written approval has been granted by the NACC. 41. It is the responsibility of the applicant, owner, and/or successor(s) to ensure that all conditions of this Order of Conditions are complied with. The project engineer and contractors are to be provided with a copy of this Order of Conditions and referenced documents before commencement of construction. 242-1613,Academy Rd 190 OOC Special Conditions 4 NACC 1/9/2014 1 i s 5 F DEP FILE#242 - 1613 f 42. Prior to any work commencing on-site, the applicant shall submit to the NACC for approval, a detailed and dated sequence of construction, including the installation of sedimentation/erosion control devices, demolition, foundation and drainage installation and all other work planned through final stabilization. s 43. Prior to site disturbance, the applicant will construct a crushed stone construction entrance as detailed on Sheet C-104 (Site Access and Erosion Control) of the site plan 6 referenced herein. 44. Wetland flagging shall be checked prior to start of construction and shall be re- established where missing. All wetland flagging shall remain visible and enumerated per the approved plan(s) throughout the life of the project and until a Certificate of Compliance is issued so that erosion control measures can be properly placed and wetland impacts can be monitored. The proposed limit of work shall be shall be clearly marked with erosion controls or temporary fencing and shall be confirmed by the NACC. Such barriers shall be checked and replaced as necessary and shall be maintained until all construction is complete. Workers should be informed that no use of machinery, storage of machinery or materials, stockpiling of soil, or construction activity is to occur beyond this line at any time. 45. A row of staked hay bales backed by trenched siltation fence shall be placed between all construction areas and wetlands. The erosion control barrier will be properly installed and placed as shown on the plans approved and referenced herein and shall be inspected and approved by the NACC or its agent prior to the start of construction g and shall remain intact until all disturbed areas have been permanently stabilized to prevent erosion. All erosion prevention and sedimentation protection measures found necessary during construction shall be implemented at the direction of the NACC or i its agent. The NACC reserves the right to impose additional conditions on portions of this project to mitigate any impacts which could result from site erosion, or any noticeable degradation of surface water quality discharging from the site. For example, installation of erosion control measures may be required in areas not shown Y' on the plan(s)referenced in this Order of Conditions. Should such installation be x required by the NACC, they shall be installed within 48 hours of the Commission's request. r 46. Silt sacks will be placed in catch basins adjacent to the work as shown on sheet C-104 of the approved site plan referenced herein. 1 47. The applicant shall have on hand at the start of any soil disturbance, removal or stockpiling ten (10) hay bales and sufficient stakes for staking these bales (or an equivalent amount of silt fence, 1 hay bale to equal 3 feet of fence). Said bales shall be used only for the control of emergency erosion problems and shall not be used for the G normal control of erosion. i t 242-1613,Academy Rd 190 OOC Special Conditions 5 NACC 1/9/2014 9 i DEP FILE #242 - 1613 48. A check payable to the Town of North Andover shall be provided in the amount of 3 $1,500 which shall be in all respects satisfactory to Town Counsel, Town Treasurer, and the NACC, and shall be posted with the North Andover Town Treasurer through the NACC before commencement of work. Said deposit of money shall be conditioned on the completion of all conditions hereof, shall be signed by a party or parties satisfactory to the NACC, and Town Counsel, and shall be released after completion of the project,provided that provisions, satisfactory to the NACC,have p 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 (or other environmental professional as approved by the NACC or its agent) as an "Erosion Control Monitor" to oversee any emergency placement of controls and regular inspection or replacement of sedimentation control devices. The name and phone number of the erosion control monitor must be provided to the NACC in the event that this person has to be contacted, due to an emergency at the site, during any 24-hour period, including weekends. Proof of the retained monitor must be submitted to the Conservation l Department on letterhead by the retained consulting firm. This person shall be given the authority to stop construction for erosion control purposes. The Environmental Professional will immediately notify the Conservation agent of any matter that requires attention by the Commission or the agent. The erosion control monitor will be required to inspect all such devices and oversee cleaning and the proper disposal of I! waste products. Cleaning shall include removal of any entrapped silt. i F 50. At least once during each week in which construction activities occur on-site and for f as long thereafter as ground remains unstabilized, the applicant shall submit a written report with photos from the "Erosion Control Monitor" to the NACC certifying that, to the best of his/her knowledge and belief based on a careful site inspection, all work is being performed in compliance with this Order of Conditions and that approved setbacks are being adhered to. The erosion control monitor must visually inspect all sedimentation/erosion 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. The Erosion Control Monitor shall be on site during } and/or following a major storm event of 1/2" inch of rain or greater (24 hour event) to ensure that soils remain stable, and erosion controls are adequate and secure 51. The applicant and/or the legal owner of that portion of land upon which these Orders }` of Conditions have been placed shall provide to the NACC prior to transferring, or assigning any portion of said land to another party, subject to said Orders of Conditions, the "Compliance Certification Form Affidavit" attached via"Appendix A" signed under the pains and penalties of perjury, stating that said applicant and/or owner has read these Orders of Conditions and is in compliance with each and every 242-1613,Academy Rd 190 OOC Special Conditions 6 NACC 1/9/2014 4 1 DEP FILE #242 - 1613 r condition. This document shall apply to each of the conditions referenced herein and 4 shall be provided to the Conservation Department at least five (5) business days prior to the closing of said land transaction. 52. Once these above mentioned pre-construction requirements are complete, the i 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 erosion control monitor and the applicant to ensure that all of the Conditions of this Order are understood. This Order shall be included in all construction contracts, subcontracts, and specifications dealing with the work a" 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 t 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). r STORMWATER MANAGEMENT CONDITIONS r'; i r 53. All construction and post-construction stormwater management shall be conducted in accordance with supporting documents submitted with the Notice of Intent, including 1 the Roof Runoff Infiltration Areas Maintenance (attached), and as approved by the NACC in this Order of Conditions. x 4 t 54. There shall be no increase in the post development discharges from the storm drainage r' 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. I 55. Outlets from the current onsite catch basins are unknown. To prevent possible erosion into the street drainage system or adjacent wetland resource areas, all pipes found , during the removal of existing catch basins will be capped. 56. Water quality in down gradient BVW's shall not differ significantly following completion of the project from the pre-development conditions. There shall be no sedimentation into wetlands or water bodies from discharge pipes or surface runoff leaving the site. 57. The applicants, owners, and their successors and assignees, shall maintain, in perpetuity (see Roof Runoff Infiltration Areas Maintenance attached), all culverts, 242-1613,Academy Rd 190 OOC Special Conditions 7 NACC 1/9/2014 f DEP FILE #242 - 1613 I collections basins, traps, outlet structures, subsurface storage areas, and other 1 elements of the drainage system, in order to avoid blockages and siltation which might cause failure of the system and/or detrimental impacts to on-site or off-site f resource areas, and shall maintain the integrity of vegetative cover on the site i I DURING CONSTRUCTION 1 58. Upon beginning work, the applicant shall submit written weekly progress reports detailing what work has been done in or near resource areas, and what work is j anticipated to be done over the next period. This will update the construction sequence. Reports shall be submitted in as part of the weekly environmental monitoring report (see condition#50). F 59. Dewatering activities are not proposed as part of the filing. No discharge of water is allowed directly into an area subject to jurisdiction of the Wetlands Protection Act and/or the North Andover Wetland Bylaw. If emergency de-watering requirements arise, the applicant shall submit a contingency plan to the Commission for approval, which provides for the pumped water to be contained in a settling basin, to reduce turbidity prior to discharge into a resource area 60. A temporary construction entrance shall be maintained as detailed on Sheet C-104 of the herein referenced plan. If material is tracked beyond the construction entrance onto the adjacent roadway, it will be swept up daily. Erosion controls will be placed across the construction access entrance nightly during construction. 61. 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, r' lath, paper, cardboard, pipe, tires, ashes, refrigerators, motor vehicles or parts on any of the foregoing. 62. All exposed soil finish grade surfaces shall be immediately landscaped (native plantings per landscape plan) and stabilized, or loamed, seeded and mulched, with a layer of mulch hay. All disturbed areas must be graded,loamed and seeded prior to November 1st of each year Outside of the growing season, exposed soil finish grade surfaces shall be stabilized with a layer of mulch hay until climate conditions allow for seeding. During construction, any area of exposed soils that will be left idle for more than 30 days shall be stabilized with a layer of mulch hay or other means approved by the NACC. t 63. No re-grading in the buffer zone shall have a slope steeper than 2:1 (horizontal: vertical). Slopes of steeper grade shall be rip-rapped to provide permanent s stabilization. t' 242-1613,Academy Rd 190 OOC Special Conditions 8 NACC 1/9/2014 1 1 DEPFILE #242 - 1613 64. There shall be no stockpiling of soil r p g or other materials within one hundred (100) feet of any resource area Stockpiled materials shall be maintained within erosion controls. 65. Washings from concrete trucks, or surplus concrete, shall not be directed to, any drainage system, or wetland resource area If truck washing is to be done on site an area shall be designated and approved by the Conservation Department. 66. All waste generated by, or associated with, the construction activity shall be contained within the limit of work, and away from any wetland resource area. There shall be no burying of spent construction materials or disposal of waste on the site by any other means. The applicant shall maintain dumpsters (or other suitable means) at the site for the storage and removal of such spent construction materials off-site. However, no trash dumpsters will be allowed within 50' of areas subject to protection under the Act or local ByLaw. k 67. Accepted engineering and construction standards and procedures shall be followed in the completion of the project. 68. 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 t applicant within one (1) business day. No construction vehicles are to be stored within 100 feet of wetland resource areas, and no vehicle refueling, equipment lubrication, or maintenance is to be done within 100 feet of a resource area f AFTER CONSTRUCTION 5 69. 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 f Conditions and shall run with the title of the property. This condition is issued under the authority of the Town's Wetland protection ByLaw. 70. Fertilizers utilized for landscaping and lawn care shall be slow release, low-nitrogen types (< 5%) and phosphorous free, and shall not be used within 25 feet of a resource area Pesticides and herbicides shall not be used within 100 feet of a wetland resource i'; 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. 1 71. Upon completion of construction and grading, all disturbed areas located outside resource areas shall be stabilized permanently against erosion. This shall be done by loaming and seeding according to NRCS standards. Stabilization will be considered complete once full vegetative cover has been achieved. !` 242-1613,Academy Rd 190 OOC Special Conditions 9 NACC 1/9/2014 i DEPFILE #242 - 1613 1 72. Upon approved site stabilization by Conservation staff, the erosion controls shall be { removed and properly disposed of and all exposed unvegetated areas shall be seeded. 73. Upon completion of the project the applicant shall submit the following to the Conservation Commission as part of a request for a Certificate of Compliance: a. WPA Form 8A- "Request for a Certificate of Compliance." b. A letter from the applicant requesting a Certificate of Compliance. c. The name and address of the current landowner. d. Signed statements from the individual property owners shall be submitted with the request for a Certificate of Compliance indicating that they read and t understood the recorded Order of Conditions prior to purchasing their property. xt e. The name and address of the individual/trust or corporation to whom the t 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 1' 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 (P.E.) (and/or Registered Professional Land Surveyor) of the Commonwealth,for the public record. This plan will include: I ➢ "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 then the entire structure must be depicted to accurately verify , compliance. ➢ "As-Built" post-development elevations and grades of all filled or altered wetland resource areas including the encompassing buffer zone which is regulated as a resource area under the local Wetland Protection Bylaw. ➢ Distances from structures to wetland resource areas. Structures include (but are not limited to) septic systems, additions,fences, sheds, stone walls, pools, retaining walls, subsurface utilities and decks. ➢ A line showing the limit of work and the extent of existing erosion control devices. "Work" includes any disturbance of soils or vegetation. ➢ Location of all subsurface utilities entering the property. 74. The following special conditions shall survive the issuance of a Certificate of Compliance (COC) for this project: 242-1613,Academy Rd 190 OOC Special Conditions 10 NACC 1/9/2014 f 1 DEPFILE#242 - 1613 ➢ 25' No-Disturbance Zone and a 50' No-Construction Zone shall be _. I established from the edge of adjacent wetland resource areas as approved I under DEP# 242-1613. Future work within 100' of existing wetland Z I resource areas will require a separate filing with the NACC (refer to Section 1 3.4 of the Regulations for performance standards within these zones) The Conservation Administrator and/or other agents of the NACC do not have 1. or an the authority to waive these setbacks as established under the local ByLaw; ' ➢ Stormwater Management System Maintenance (Condition #57) ➢ Discharge or spillage of pollutants (Condition #68); ➢ Prohibition of underground fuels (Condition #69); k ➢ Limitations on the use of fertilizers, herbicides, and pesticides (Conditions #70). I 1 1 i g i i i k I f i 1 242-1613,Academy Rd 190 OOC Special Conditions 11 NACC 1/9/2014 1 Roof Runoff Infiltration Areas Maintenance Inspect infiltration areas after every major storm in the first few months after construction to ensure proper stabilization and function. Thereafter, inspect annually. Measure the water depth in the observation well at 24- and 48-hour intervals after a storm. Calculate clearance rates by dividing the drop in water level(inches) by the time elapsed (hr). If the infiltration area has not completely drained after 48 hours, it may indicate that the bottom of the area has failed. To rehabilitate a failed infiltration area, the entire system must be excavated (all of the stone aggregate, filter fabric, and chambers must be removed)and the bottom of the area must be scarified and tilled to induce infiltration. Clean septic sand should be used to replace any failed or plugged soil. The system must be rebuilt to the original specifications using the original chambers(if intact) and new stone aggregate and filter fabric. fl 1 a s: DEP FILE#242 — 1613 A i APPENDIX A—AFFIDAVIT A i i i I, on oath do hereby depose and state: , I (authorized agent applicant and/or current owner) f (PLEASE CHECK AT LEAST ONE BLOCK) 1 , 1. I am the of 1' (position with applicant) (applicant name or company name) the applicant upon whom Order of Conditions have been placed upon by (DEP or NACC number) the North Andover Conservation Commission. &/or l , 2. I am the of (position with owner) (owner name) the owner upon whose land Order of Conditions have been placed up by (DEP or NACC number) the North Andover Conservation Commission. & is E 3. I hereby affirm and acknowledge that I have received said Order of Conditions and have read the same and understand each (DEP File#) and every condition which has been set forth in said Order of Conditions. X' & 4 4. I hereby affirm and acknowledge that on this day of 19 I inspected said property together with any and all improvements which have lr been made to the same and hereby certify that each and every condition set forth in Order of Conditions are presently in compliance. (DEP File#) & i 5. I hereby affirm and acknowledge that this document will be relied upon by the `€ North Andover Conservation Commission as well as any potential buyers of , said property which is subject to said Order of Conditions (DEP File#) e, t Signed under the pains and penalties of perjury this day of 19 (Signature-authorized agent of applicant or owner) ( { B 242-1613,Academy Rd 190 OOC Special Conditions 12 NACC 1/9/2014 Print Form I: t soRTH _ a ti n - ),0 20100LT26 AI; 11. 27 5 PLANNING DEPARTMENT i�,i' 0 . ~ ` '}' k Community Development Division I Form A - Application for APPROVAL NOT REQUIRED 1 DATE: 2/ L .2...c/ t ( Bring three application forms to the Town Clerk's office to time stamp. Leave one application with the Town Clerk and bring two applications to the Planning Department. The undersigned, believing that the accompanying plan of property in the Town of North Andover, Massachusetts, does not constitute a subdivision within the meaning of the Subdivision Control Law, herewith submits said plan for a t' determination and endorsement that the Planning Board approval under the Subdivision Control Law is not required. r' 977 673 -7377 I 1. Name Of Applicant: if?Q i'E 1,"" h �*yQ ),7 Address: (4/- _ A ,tc t.91 t O ? F _ , 04i ,- i t 2. Location and Description of Property[include Assessor's Map and Lot and Zoning District(s)]: i a�s n> 96 Lei- 3 'J�1� %�/� z - o Pi 41:-.2-J4- A - _ g t. 3. Deed Reference: Book 2,e57 3 Page 1:,) p , or Certificate of Title: 4. Name of Surveyor: �% L 13, 5'TtG' I' ' IT. 4, S Address: i _ - —. ,, �'1>� Z' LY l '1 r ,, Signature of Owner(s): . = 1 iw, w l I_` Address: • i__, '. . s f- , _ fri p l SS/4S ,, ' Page l of 2 1600 Osgood Street,North Andover,Bldg.20,Suite 2-36 Planning Dept.,Massachusetts 01845 Phone 978.688.9535 Fax 978.688.9542 Web www.townofnorthandover.com Edited 8/1/07 1i i I i i Please indicate the grounds(either A, B, C or D, not a combination)on which you believe your plan not to be a subdivision. ❑A. Each lot on the plan meets one of the following criteria: la 1. Has the frontage, lot area and lot width required under the Zoning By-law on i/ a)a public way,or i b)a way which the Town Clerk certifies is maintained&used as a public way,or c)a way shown on a plan approved and endorsed by the Planning Board under the Subdivision Control Law, recorded in Plan Book Plan ,or , i t d)a way in existence before the adoption of the Subdivision Control Law by the Town and which the Board finds , adequate for the ways proposed use or e)a way shown on a plan of a subdivision recorded at the Registry of Deeds or the Land Court prior to the ) adoption of the Subdivision Control Law. itj43. Each Lot has been clearly marked on the plan to be either: R a)joined to and made part of an adjacent lot, or i b) labeled "Not A Building Lot". ❑C. Each lot on the plan contains a building that existed prior to the adoption of the Subdivision Control Law. ❑ D. The plan shows an existing parcel with no new lot division(s)and has frontage on a way described above. Received:Town of North Andover Town Clerk(date stamp): Signature of Town Official receiving this application: t' Notice to APPLICANT/TOWN CLERK of action of Planning Board on accompanying plan: 1. The North Andover Planning Board has determined that said plan does not require approval under the Subdivision Control Law, and the appropriate endorsement has been made upon the same. 2. The North Andover Planning Board has determined that said plan shows a subdivision,as defined by G.L.c.41,s.81-L and must,therefore, be resubmitted for approval under the Subdivision Control Law. Very truly yours, North A► over Planning / By .,.,-./lr I/t- t 0—, P. /PA t 9//r2 C9 :7, _"d 6 Page 2 of 2 1600 Osgood Street,North Andover,Bldg.20,Suite 2-36 Planning Dept.,Massachusetts 01845 - ; :-Phone 978.688.9535 Fax 978.688.9542 Web www.townofnorthandover.com 01--h f`1 Edited 8/1/07 i;. j Print Form I ,, , L , NORTN : Oftz,• i u ,,.40 1:IV E❑ } F t i " i " 2010 OCT 26 All 1 1: 2 7 � F ,SSACHUS t 4. t s N KCN A : i. PLANNING DEPARTMENT t iA5s "ac` '! . t Community Development Division } IL Form A - Application for APPROVAL NOT REQUIRED DATE: 2 / - . z ' Bring PP three application forms to the Town Clerk's office to time stamp. Leave one application with the Town Clerk and bring two applications to the Planning Department. Q ((•00 0'pact Sri' C.L440.41 Did? The undersigned, believing that the accompanying plan of property in the Town of North Andover, Massachusetts, does not constitute a subdivision within the meaning of the Subdivision Control Law, herewith submits said plan for a determination and endorsement that the Planning Board approval under the Subdivision Control Law is not required. 1. Name Of Applicant: Address: /1-/- a -4d (t , P // ) /1!4/-(12)/7/2 /411-- f!4 U j 4 2. Location and Description of Property[include Assessor's Map aid Lot and Zoning District(s)]: ()Ail i- �h?) U4 , �` � de �6 LOT—. � ram Pct z�-� n, ., tr-0 la t ii) 3. Deed Reference: Book 2 d Z 3 a4010 Page z -e E. A/ C:: /T,J or Certificate of Title: 4. Name of Surveyor: c/-A fw,,, g 7L_p 1 1,1 k1' g, 4 S. j Address:J'Y�, ,.•� _' -4y, (,r Osi 194-0100-4441 MA /c e Signature of Owner(s): rc_'- .-�■ Address: /WY a¢a, .c.* l 6(._-,e, /4 w "f / �'S 4f-� Page 1 of 2 1600 Osgood Street,North Andover,Bldg.20,Suite 2-36 Planning Dept.,Massachusetts 01845 Phone 978.688.9535 Fax 978.688.9542 Web www.townofnorthandover.com Edited 8/1/07 Please indicate the grounds (either A, B, C or D, not a combination) on which you believe your plan not to be a subdivision. ❑A. Each lot on the plan meets one of the following criteria: 1. Has the frontage, lot area, and lot width required under the Zoning By-law on: V l a)a public way,or b)a way which the Town Clerk certifies is maintained &used as a public way,or c)a way shown on a plan approved and endorsed by the Planning Board under the Subdivision Control Law, recorded in Plan Book Plan ,or d)a way in existence before the adoption of the Subdivision Control Law by the Town and which the Board finds adequate for the way's proposed use,or e)a way shown on a plan of a subdivision recorded at the Registry of Deeds or the Land Court prior to the adoption of the Subdivision Control Law. B. Each Lot has been clearly marked on the plan to be either: a)joined to and made part of an adjacent lot, or b) labeled "Not A Building Lot". :_ ❑C. Each lot on the plan contains a building that existed prior to the adoption of the Subdivision Control Law. ❑ D. The plan shows an existing parcel with no new lot division(s)and has frontage on a way described above. Received:Town of North Andover Town Clerk(date stamp): Signature of Town Official receiving this application: Notice to APPLICANT/TOWN CLERK of action of Planning Board on accompanying plan: 1. The North Andover Planning Board has determined that said plan does not require approval under the Subdivision Control Law, and the appropriate endorsement has been made upon the same. 2. The North Andover Planning Board has determined that said plan shows a subdivision,as defined by G.L.c.41, s.81-L and must,therefore, be resubmitted for approval under the Subdivision Control Law. Very truly yours, North Andover Planning Board By: Date: Page 2 of 2 1600 Osgood Street,North Andover,Bldg.20,Suite 2-36 Planning Dept.,Massachusetts 01845 Phone 978.688.9535 Fax 978.688.9542 Web www.townofnorthandover.com Edited 8/1/07 • �57,1�� ,7d sn .. NORTH O`tt�ic . •'�. ZINOJUI 22 r:11 41,1%#4ne . PLANNING DEPARTMENT Community Development Division Form A—Application for APPROVAL NOT REQUIRED II) DATE: Bring three application forms to the Town Clerk's office to time stamp. Leave one application with the Town Clerk and bring two applications to the Planning Department. The undersigned,believing that the accompanying plan of property in the Town of North Andover, Massachusetts,does not constitute a subdivision within the meaning of the Subdivision Control Law,herewith submits said plan for a determination and endorsement that the Planning Board approval under the Subdivision Control Law is not required. 1. Name Of Applicant:BOSTON HILL DEVELOPMENT, LLC Address: 100 ANDOVER BY-PASS#300 NORTH ANDOVER, MA 01845 2. Location Description [include Assessor's Map and Lot and Zoning District(s)]: MAP 107A PARCELS sc28o Property 3. Deed Reference: Book 4932 Page 127 or Certificate of Title: 4. Name of Surveyor:MARCHIONDA&ASSOC.,L.P. STEPHEN MELESCIUC PLS Address:62 MONTVALE AVER',TON AM,=02180 Signature of Owner(s): Address:100 ANDOVER BY-PAS*;r.300 ORTH AND•' , . 11845 Page 1 of 2 1600 Osgood Street,North Andover,B1dg.20,Suite 2-36 Planning Dept.,Massachusetts 01845 Phone 978.688.9535 fax 978.688.9542 Web www.townofnorthandover.com Edited 8/1/07 Please indicate the grounds(either A, B, C or D, not a combination)on which you believe your plan not to be a subdivision. OA. Each lot on the plan meets one of the following criteria: 1. Has the frontage,lot area,and lot width required under the Zoning By-law on: X a)a public way,or b)a way which the Town Clerk certifies is maintained&used as a public way,or c)a way shown on a plan approved and endorsed by the Planning Board under the Subdivision Control Law, recorded in Plan Book Plan ,or d)a way in existence before the adoption of the Subdivision Control Law by the Town and which the Board finds adequate for the way's proposed use,or e)a way shown on a plan of a subdivision recorded at the Registry of Deeds or the Land Court prior to the adoption of the Subdivision Control Law. 0 B. Each Lot has been clearly marked on the plan to be either: a)joined to and made part of an adjacent lot,or b)labeled"Not A Building Lot". ❑C. Each lot on the plan contains a building that existed prior to the adoption of the Subdivision Control Law. ©D. The plan shows an existing parcel with no new lot division(s)and has frontage on a way described above. i Received:Town of North Andover Town Clerk(date stamp): Signature of Town Official receiving this application: Not' to APPLICANT/TOWN CLERK of action of Planning Board on accompanying plan: f 1. The North Andover Planning Board has determined that said plan does not require approval under the Subdivision Control Law, and the appropriate endorsement has been made upon the same. 2. The North Andover Planning Board has determined that said plan shows a subdivision,as defined by i G.L.c.41,s.81-L and must,therefore, be resubmitted for approval under the Subdivision Control Law. Very truly yours, North A :ever Planning Board By: ( -Lz // 1 Dat:/ �11C, 5 /4 / '� 7/ �r' / to • rJ c3 - Page 2of2 o 17i 1600 Osgood Street,North Andover,Bldg.20,Suite 2-36 Planning Dept.,Massachusetts 01845 ' -77 Phone 978.688.9535 Fox 978.688.9542 Web www.townofnorthandover.com 7,1,---! Edited 8/1/07 r.) —2 q t NORTH `, a OL 'C CI Il t ,`917,41 4: F� ,-. if` i 2009 NOV I0 AEI 9: 57 Ao 4, 7. °gATIO 04°,4'2 9SSA6-4USt. k , I WS NORTH AF,)0` E. PLANNING DEPARTMENT MASSACH S` , 3 Community Development Division Form A - Application for APPROVAL NOT REQUIRED . II DATE: yA/ i., e_fr,/ 2 o09 Bring three application forms to the Town Clerk's office to time stamp. Leave one application with the Town Clerk and bring two applications to the Planning Department. The undersigned, believing that the accompanying plan of property in the Town of North Andover, Massachusetts, does not constitute a subdivision within the meaning of the Subdivision Control Law, herewith submits said plan for a determination and endorsement that the Planning Board approval under the Subdivision Control Law is not required. 1. Name Of Applicant: ‹.e `' 1,-+ P •71.a u i Address: / 4, /ra d-4-14A. ■_/ / 2. Location and Description of Property[include Assessor's Map and Lot and Zoning District(s)]: .._�, i ... l , 1, r i _ '_ iik i 3. Deed Reference$ Book $ 'e 'e%, Page or Certificate of Title: 4. Name of Surveyor: 7`P em e ; �7 p, 'in ,9 '/ 01,5', Address: M61-4. 4.t,,6 1 , , . 6 f J3 Signature of Owner(s): 4. ` 74i A42,'1'; /0)4 ct , /9 Address: _ , P.-e.) glk. 2 6-7 3 ` L- kdL C a 1-t, FL, h z.9 72. q'4 p-ci-I of /6 r.71. )29., ,i zi- F A P R. P, P/4 46 6 .6qz C 4/ P, g, p PI H 54:7 � A,. P Ki, 2 Page l of 2 1600 Osgood Street,North Andover,Bldg.20,Suite 2-36 Planning Dept.,Massachusetts 01845 Phone 978.688.9535 Fax 978.688.9542 Web www.townofnorthandover.com Edited 8/1/07 ., ' Phase indicate the grounds (either A, B, C or D, not a combination) on which you believe your plan not to be a subdivision. 0-1-41`( A. EachAotyon the plan meets one of the following criteria: 1. Has the frontage, lot area, and lot width required under the Zoning By-law on: a)a public way, or b)a way which the Town Clerk certifies is maintained & used as a public way, or c)a way shown on a plan approved and endorsed by the Planning Board under the Subdivision Control Law, recorded in Plan Book Plan , or d)a way in existence before the adoption of the Subdivision Control Law by the Town and which the Board finds adequate for the way's proposed use,or e)a way shown on a plan of a subdivision recorded at the Registry of Deeds or the Land Court prior to the adoption of the Subdivision Control Law. B. Cask►Lot h s been clearly marked on the plan to be�e�itfe� A a)joined to and made part of an adjacent lot, orot b) labeled "Not A Building Lot". C. Each lot on the plan contains a building that existed prior to the adoption of the Subdivision Control Law. �., The plan shows an existing parcel with no new lot division(s)and has frontage on a way described above. Received: Town of North Andover Town Clerk (date stamp): Signature of Town Official receiving this application: Notice to APPLICANT/TOWN CLERK of action of Planning Board on accompanying plan: 1. The North Andover Planning Board has determined that said plan does not require approval under the Subdivision Control Law,and the appropriate endorsement has been made upon the same. 2. The North Andover Planning Board has determined that said plan shows a subdivision, as defined by G.L.c.41, s.81-L and must,therefore, be resubmitted for approval under the Subdivision Control Law. Very truly yours, North Andover Planning Board By: Date: Page 2 of 2 1600 Osgood Street,North Andover,Bldg.20,Suite 2-36 Planning Dept.,Massachusetts 01845 Phone 978.688.9535 Fax 978.688.9542 Web www.townofnorthandover.com Edited 8/1/07 4ORTIi 0 ,o,EC .6 4' e: 2 44 4- 6 O R �► _ ter=IVED I' , .,;,ts 4,,:'` TO' , rr,�r'c cf-FEC • i �.y 2009 NOV 24 PH 3: 58 T 0 I.A141 fi COCN�CNtwKN 4 %4ATEO rrP�`,i5 _ i '9 - ACHU �� - MAS ACHE i rS PLANNING DEPARTMENT Community Development Division 1600 Osgood Street North Andover,Massachusetts,01845 140 Academy Road ?` North Andover, MA 01845 i November 13, 2009 RE: ANR—"Plan of Land in North Andover, MA, Prepared for Robert Stevens, 140 Academy Road", dated September 14, 2009" Plan showing the creation of seven lots from one existing lot Map 96, Lot 33, prepared by Merrimack Engineering, 66 Park St., Andover, MA 01845 i Dear Mr. Stevens: t 3 As you are aware, the Planning Department received a Form A Plan on November 10, 2009 proposing the creation of seven lots as shown on the Plan of Land entitled "Plan of Land in North Andover, MA, Prepared for Robert Stevens, 140 Academy Road", dated September 14, 2009. The plan has been reviewed and endorsed, based on the following facts: 4' 1. All lots depicted on the plan have the required frontage (125 ft.) on a public way for the x Residential 3 district. 2. The endorsement of the plan is not a determination as to the conformance of the new lots with the Town of North Andover's Zoning Bylaw and Regulations. As depicted on the plan, Lot X is not a buildable lot and is to be joined with a lot owned by the Trustees of Reservations at a later date. If you have any questions, please feel free to contact me. Sincerely, I 9viMiudy Tymon, AI P Town Planner cc: Building Inspector Assessor's Office Conservation Administrator i soR Tlf _ 3?Of�;�no ,e'0Y r O :VE(3 y�., '.....6 O 1 tir Eire. L f7 J �Cn� . s 0:7,..0,7,.4',1; to �� -. z ,: r4�,.4 I* 2089 NOV 10 ,, _ _ 9• 7 ,. « ' S 4.9 44ie c,";'7.(5 ° pg SACHU`-� NOR i.)4, ; Ut e PLANNING DEPARTMENT toss^.c a Community Development Division ��3 �3 1 Form A - Application for APPROVAL NOT REQUIRED 1 i DATE: 1A!6-„. L, 2009 Bring three application forms to the Town Clerk's office to time stamp. Leave one application with the Town Clerk and bring two applications to the Planning Department. The undersigned, believing that the accompanying plan of property in the Town of North Andover, Massachusetts, does not constitute a subdivision within the meaning of the Subdivision Control Law, herewith submits said plan for a determination and endorsement that the Planning Board approval under the Subdivision Control Law is not required. d �7 1. Name Of Applicant: � y- D • Address: CP-4- VeJe M1 2. Location and Description of Property[include Assessor's Map and Lot and Zoning District(s)]: _ / i,i ' _ ■ • 3. Deed Referenc¢- Book See &kill, Page or Certificate of Title: E 4. Name of Surveyor: r t Address: 1�12a� �y� 1°c� �� '- 6 �1 Signature of Owner(s): •,:_, �• S �`` Address: �;, ,�`� P�� pk .2.e3 ` L-Gri•d Cva - ' P l a t h Z* 7Z qA P I f /6 541 f' _, /11/-- F A' P R. r, r N A6 6 gqz 5(4/, 9, g, D, Rail_ 256/ / ,,4'. P, , 2 Page l of 2 1600 Osgood Street,North Andover,Bldg.20,Suite 2-36 Planning Dept.,Massachusetts 01845 Phone 978.688.9535 Fax 978.688.9542 Web www.townofnorthandover.com Edited 8/1/07 . ' F Please indicate the grounds (either A, B, C or D, not a combination) on which you believe your_plan not o be a . suthdivision. r°�- �'EiVE� A. EacFAlot6on the plan meets one of the following criteria: 2009 NOV 24 PM 3: 59 1. Has the frontage, lot area, and lot width required under the Zoning By-law on: a) a public way, or HI H;��� MASSORT. s b)a way which the Town Clerk certifies is maintained &used as a public way, or c) a way shown on a plan approved and endorsed by the Planning Board under the Subdivision Control Law, recorded in Plan Book Plan , or d)a way in existence before the adoption of the Subdivision Control Law by the Town and which the Board finds adequate for the way's proposed use,or e)a way shown on a plan of a subdivision recorded at the Registry of Deeds or the Land Court prior to the adoption of the Subdivision Control Law. B. Each Lots been clearly marked on the plan to be A a)joined to and made part of an adjacent lot, ora k-1- b) labeled "Not A Building Lot". C. Each lot on the plan contains a building that existed prior to the adoption of the Subdivision Control Law. J. The plan shows an existing parcel with no new lot division(s) and has frontage on a way described above. Received: Town of North'Andover Town Clerk (date stamp): Signature of Town Official receiving this application: Notice to APPLICANT/TOWN CLERK of action of Planning Board on accompanying plan: 1. The North Andover Planning Board has determined that said plan does not require approval under the Subdivision Control Law, and the appropriate endorsement has been made upon the same. 2. The North Andover Planning Board has determined that said plan shows a subdivision, as defined by G.L.c.41, s.81-L and must, therefore, be resubmitted for approval under the Subdivision Control Law. Very truly yours, North Andover Plannin�q..Board By: /7nera-' Date. /4/9/5.7 Page 2 of 2 1600 Osgood Street,North Andover,Bldg.20, Suite 2-36 Planning Dept.,Massachusetts 01845 Phone 978.688.9535 Fax 978.688.9542 Web www.townofnorthandover.corn Edited 8/1/07 0 f "RTM • 2 `,���eo "1�0 {�9S R,TlC'.°,`A� MO FEB 23 JJ1 8: 36 SAC Huse PLANNING DEPARTMENT Community Development Division ASS ,"' ' L: . , Form A -Application for APPROVAL NOT REQUIRED DATE: /17 2 6 )d Bring three application forms to the Town Clerk's office to time stamp. Leave one application with the Town Clerk and bring two applications to the Planning Department. The undersigned, believing that the accompanying plan of property in the Town of North Andover, Massachusetts, does not constitute a subdivision within the meaning of the Subdivision Control Law, herewith submits said plan for a determination and endorsement that the Planning Board approval under the Subdivision Control Law is not required. 1. Name Of Applicant: 1:1--7-d 11' . `"- Fri L/0 • Address: I Y) Ref 2. Location and Description of Property[include Assessor's Map and Lot and Zoning District(s)]: e .� % �7 a!OD -)JJ- 3. Deed Reference: Book yJ 73 Page `h) LE 42 p f2)7 or Certificate of Title: t�y.t, �- . � r 4- ''c Piz 4-3 4'- c II CI- ip x 4. Name of Surveyor: , s �A�, , � 7 / pi? p Address: 'p�,�f'�hA Signature of Owner(s): Address: Page 1 of 2 1600 Osgood Street,North Andover,Bldg.20,Suite 2-36 Planning Dept.,Massachusetts 01845 Phone 978.688.9535 Fax 978.688.9542 Web www.townofnorthandover.com Edited 8/1/07 Rease indicate the grounds (either A, B, C or D, not a combination) on which you believe your plan not to be a subdivision. A. Each lot on the plan meets one of the following criteria: 1. Has the frontage, lot area, and lot width required under the Zoning By-law on: a)a public way, or b)a way which the Town Clerk certifies is maintained &used as a public way, or c)a way shown on a plan approved and endorsed by the Planning Board under the Subdivision Control Law, recorded in Plan Book Plan , or d)a way in existence before the adoption of the Subdivision Control Law by the Town and which the Board finds • adequate for the way's proposed use, or e) a way shown on a plan of a subdivision recorded at the Registry of Deeds or the Land Court prior to the adoption of the Subdivision Control Law. B. Each Lot has been clearly marked on the plan to be either: a)joined to and made part of an adjacent lot, or b) labeled "Not A Building Lot". - C. Each lot on the plan contains a building that existed prior to the adoption of the Subdivision Control Law. J. The plan shows an existing parcei with no new lot division(s)and has frontage on a way described above. Received: Town of North Andover Town Clerk (date stamp): Signature of Town Official receiving this application: Notice to APPLICANT/TOWN CLERK of action of Planning Board on accompanying plan: 1. The North Andover Planning Board has determined that said plan does not require approval under the Subdivision Control Law, and the appropriate endorsement has been made upon the same. 2. The North Andover Planning Board has determined that said plan shows a subdivision, as defined by G.L.c.41, s.81-L and must,therefore, be resubmitted for approval under the Subdivision Control Law. Very truly yours, North Andover Planning Board By: Date: Page 2 of 2 1600 Osgood Street,North Andover,Bldg.20,Suite 2-36 Planning Dept.,Massachusetts 01845 Phone 978.688.9535 Fax 978.688.9542 Web www.townofnorthandover.corn Edited 8/1/07 tGy q°RT„ :°01.-;•�"o Town of North Andover 6 s Office of the Planning Department 2� AUG - ' Community Development and Services Div moo_ Division, .... � 41;4t D t 1600 Osgood Street F North Andover,Massachusetts 01845 `'' NOTICE OF DECISION—LAND DISTURBANCE PERMIT Any appeal shall be filed within (60) days after the date of filing this notice in the office of the Town Clerk. Date: August 2,2011 Date of Hearings: June 21,2011,July 19, 2011,August 2,2011 Date of Decision: August 2,2011 Petition of: Tom Patenaude, 100 Salem St.,North Andover,MA Premises Affected: 140 Academy Road (at Stevens St./Great Pond Road intersection), North Andover,Massachusetts,01845,Assessor's Map 96,Parcel 33 and located in the Residential 3 Zoning District. Referring to the above application for a Land Disturbance Permit from the requirements of the North Andover Bylaw, Chapter 160 and the requirements of the North Andover Planning Board's Stormwater Management and Erosion Control Regulations. So as to allow the construction of five (5) new, single family residences, including the construction of driveways, the installation of stormwater management infrastructure, the installation of underground utilities, connections to existing water and sewer service and substantial grading in the R-3 Zoning District. After a Public Hearing given on the above date, and upon a motion by T. Seibert and 2nd by M. Colantoni to APPROVE the Land Disturbance Permit as amended and based upon the following conditions. The vote was 4-0 in favor of the application 1 anning Board John Simons,Cha man Timothy Seibert Michael Colantoni Rickey Glover 1 140 Academy Road Map 96,Parcel 33 Land Disturbance Permit August 2,2011 The Public Hearing on the above referenced application was opened on June 21, 2011 closed by the North Andover Planning Board on August 2, 2011. On August 2, 2011, upon a motion made by T. Seibert and seconded by M. Colantoni to GRANT a Land Disturbance Permit to construct five (5) detached single-family homes with related grading, driveways and utilities, including a sewer extension within Stevens Street, on a parcel of land with an address of 140 Academy Road. The parcel consists of 5 lots with a total area of approximately 3.6 acres. The Stormwater Management features consists of graded swales along the front of each lot, with an enhanced crushed stone infiltration subdrain; sloped driveways, with driveway swales and culverts. The Stormwater Improvements within the Right-of-Way on Academy Road include additional flood storage excavation at the corner of Stevens Street and Great Pond Road, with a new deep sump catch basin to replace the existing catch basin at this location; a renovated culvert with a new deep sump catch basin in front of lot 5. This Special Permit was requested by Tom Patenaude, 100 Salem Street, North Andover, MA 01845 on May 4, 2011. The applicant submitted a complete application, which was noticed and reviewed in accordance with Chapter 160 of the Town of North Andover Bylaws. The motion to approve was subject to the FINDINGS OF FACTS and SPECIAL CONDITIONS set forth in this decision. The Planning Board vote was unanimous. A Land Disturbance Permit issued by the permit granting authority requires a majority vote of a five-member board. The applicant is hereby notified that should the applicant disagree with this decision, the applicant has the right, under MGL Chapter 249, Section 4 to appeal to this decision within sixty days after the date this decision has been filed with the Town Clerk. In accordance with Chapter 160, Section 5.I, the Planning Board makes the finding that the intent of the Bylaw, as well as its specific criteria is met. This decision specifically stated by the Planning Board makes the following FINDINGS OF FACT: 1) The proposed project entails the disturbance of more than one acre of land and is therefore subject to the EPA's NPDES Phase II Construction General Permit, and thus is fully subject to the MA DEP Stormwater Standards under the North Andover Stormwater Management and Erosion Control Bylaw, Chapter 160 of the Town of North Andover Bylaws. 2) In granting this Permit, the Planning Board has determined that the project complies to the maximum extent feasible with DEP Standards and that it will not negatively impact downstream resources. The project incorporates several improvements to the existing town drainage system that will provide a net benefit to the stormwater management in the area and in particular,improvements to stormwater drainage within the Town's Right-of-Way in Stevens Street. The Planning Board bases this finding on the following facts: a) The project area contains steep slopes adjacent to the corner of Stevens Street and Great Pond Road, which is an area that has been prone to flooding conditions during certain storm events. The final design improves stormwater management in this area and will provide a decrease in flooding and ponding of water on Stevens Street, through the implementation of Best Management Practices that reflect extensive discussions between the Town and the applicant to ensure the control of the volume and rate of stormwater runoff. b) The construction has been reviewed by Town Staff, including the Town Engineer and the Town's consulting engineer, Lisa Eggleston, and with the application of the Best Management Practices and 2 140 Academy Road Map 96,Parcel 33 Land Disturbance Permit August 2,2011 modifications to the drainage and stormwater management designs, the consultant concluded that there will be significant improvements to the town's drainage system and a net benefit to stormwater management in the area. See letters from the applicant dated June 29, 2011 and a letter from L. Eggleston dated July 14,2011. The applicant addressed all of the concerns and issues stated in the stormwater review and revised the plan as follows: i) An area within the Right-of-Way at the corner of Stevens Street and Great Pond Road will be excavated and enlarged to provide temporary stormwater storage. ii) The existing catch basin in front of Lot 2B will be replaced with a new deep sump equipped with a vented oil and debris trap and"beehive"grate cover. iii) The existing culvert under Stevens St. in front of Lot 5 will be lowered and the pipe will be replaced with a larger pipe. Another deep sump catch basin with an oil and debris trap will be installed. On the outlet side a rip-rap forebay will be installed to disperse water volume. iv) The driveways will be sloped to pitch to a Swale to be constructed at the side of each driveway, to avoid run-off onto Stevens Street. A bituminous concrete berm will also be added to each driveway to divert runoff v) A retaining wall with 4" perforated PVC `weep holes' located every 50' will be installed in the rear of the dwelling units on lots 3B, 4, 5 and 6. A retaining wall will also be installed in the rear of the parcel, up gradient from the proposed dwelling units. c) The proposed dwelling units will be connected to the Town sewer and water systems. d) The applicant has provided an Operations and Maintenance Plan, and Erosion and Sedimentation Control Plan. In accordance with Section 160-1.B of the North Andover Bylaws, the Planning Board makes the following FINDINGS OF FACT: a) The Best Management Practices to be employed on the site ensures that soil erosion and sedimentation control measures will be incorporated into the design and that the rate and volume of stormwater runoff will be managed. b) The proposed use protects groundwater and surface water from degradation or depletion to the maximum extent possible and ensures adequate long-term operation and maintenance of stormwater Best Management Practices; c) The proposed use prevents pollutants from entering the municipal and private storm drain systems; d) The applicant has complied with state and federal statutes and regulations relating to stormwater discharges; Upon reaching the above findings,the Planning Board approves this Land Disturbance Permit based upon the following SPECIAL CONDITIONS: 1)Permit Definitions: a) The"Locus"refers to the 3.6 acre parcel of land with frontage on Academy Road as shown on Assessors Map 96, Parcel 33, and also known as 140 Academy Road,North Andover, Massachusetts. 3 140 Academy Road Map 96,Parcel 33 Land Disturbance Permit August 2,2011 b) The"Plans"refer to the plans prepared by Andover Consultants, Inc., dated November 10, 2010 and revised to April 21,2011,June 27, 2011 and July 26, 2011, entitled"Existing Conditions Plan Stevens Street North Andover, MASS", for 140 Academy Road, located in North Andover, MA, prepared for Tom Patenaude. c) The"Project"or"140 Academy Road"refers to the construction of five(5)new, single family residences, including the construction of driveways,the installation of stormwater management infrastructure,the installation of underground utilities, connections to existing water and sewer service and substantial grading in the R-3 Zoning District. d) The"Applicant"refers to Tom Patenaude,the applicant for the Land Disturbance Permit. e) The"Project Owner"refers to the person or entity holding the fee interest to the title to the Locus from time to time, which can include but is not limited to the applicant, developer,and owner. 2) The Town Planner shall approve any changes made to these plans. Any changes deemed substantial by the Town Planner would require a Public Hearing and Modification by the Planning Board. 3) PRIOR TO THE START OF ANY CONSTRUCTION AND/OR SITE WORK a) A performance guarantee bond of ten thousand dollars ($10,000.00)made out to the Town of North Andover must be posted to insure that the construction, erosion control, measures, and performance of any other condition contained herein will take place in accordance with the plans and the conditions of this decision and to ensure that the as-built plans will be submitted. b) The applicant shall designate an independent environmental monitor who shall be chosen in consultation with the Planning Department. The monitor must be available upon four (4) hours notice to inspect the site with the Planning Board designated official. The monitor shall make 1 weekly inspections of the project and file monthly reports to the Planning Board throughout the duration of the project. The monthly reports shall detail areas of non-compliance, if any, and actions taken to resolve these issues. c) A Slope Stabilization Bond in the amount of ten thousand dollars ($10,000) to be held by the Town of North Andover. The Slope Stabilization Bond shall be in a form of a check made payable to the Town of North Andover that will be placed into an interest bearing escrow account. These monies may be utilized by the Town to ensure the stabilization of the slopes. These monies or the balance thereof will not be released until three years from the date of completion of slope construction. For purposes of this section, "date of completion of slope construction" shall be defined as the date that the Town's Environmental Monitor certifies in writing to the Planning Board that the slopes and associated retaining walls have been constructed in accordance with approved plans and this decision. Furthermore,the Town's Environmental Monitor shall not make this determination until a joint site visit has been scheduled with the Planning Planner. d) All drainage structures located on individual lots, including bio-retention areas, infiltration basins, grassed swales and drainage channels will be maintained in perpetuity by individual lot owners,with the terms of ownership and maintenance to be documented in the respective deeds for each lot in the subdivision. 4 140 Academy Road Map 96,Parcel 33 Land Disturbance Permit August 2,2011 e) In consideration of the approval of the Plan, there is to be no further division or subdivision of a part or portion of the parcel. This restriction is to be documented in the respective deeds for each lot on the plan. f) All drainage, water and sewage facilities designs shall be approved by the North Andover Division of Public Works. g) The applicant must obtain a drainage easement for the Town of North Andover for stormwater drainage on to property located at 0 Stevens Street,Assessor's Map 96,Lot 2. h) The applicant will provide an updated plan showing a larger pipe in the existing culvert under Academy Road in front of lot 5. The pipe will have the capacity to convey the 25-year storm flow. i) A Construction Sequencing Schedule must be submitted for signature by the Town Planner. This Schedule should include,but not be limited,to the following items: 1) Clearing and grading 2) Installation of temporary erosion and sedimentation control measures 3) Construction of the retaining walls 4) Installation of stormwater structures within the town's ROW on Academy Road 5) Grading and construction on individual lots, including installation of stormwater structures, driveways and dwelling units 6) Mass clearing and grading of the entire site will not be allowed. j) The applicant shall provide an updated Construction Stormwater Pollution Prevention Plan(SWPPP) that reflects all changes incorporated into the plans dated April 21,2011 and that also incorporate the Erosion and Sediment Control Criteria, as outlined in Section 8.2 of the North Andover Stormwater and Erosion Control Regulations. k) The applicant will provide copies of all Decisions, Notification and Orders of Conditions from the North Andover Conservation Commission. 1) Easement documents, deed restrictions, and maintenance agreements concerning the drainage structures must be submitted and reviewed and approved by Town Counsel and the Town Engineer prior to recording. All easements and restrictions shall remain in perpetuity. a) The record plans and the Stormwater Management Permit must be endorsed by the Planning Board and both this decision and the plans must be recorded by the applicant at the Registry of Deeds prior to any commencement of work under the Permit. m) Yellow"Caution"tape must be placed along the limit of clearing and grading as shown on the plan. The Planning Staff must be contacted prior to any cutting and or clearing on site. n) All applicable erosion control measures must be in place and reviewed and approved by the Planning Department. o) A landscape plan must be submitted to the Town Planner showing the installation of street trees along Academy Road. 5 140 Academy Road Map 96,Parcel 33 Land Disturbance Permit August 2,2011 p) A pre-construction meeting must be held with the developer, their construction employees, Planning Department and Building Department (and other applicable departments) to discuss scheduling of inspections to be conducted on the project and the construction schedule. 4) PRIOR TO THE ISSUANCE OF A BUILDING PERMIT a) A Plot Plan for the lot in question must be submitted to include the following: a. Location of the structure b. Location of the driveway c. Location of all water and sewer lines d. Any grading called for on the lot e. Location of drainage,utility and other easements. f Location of landscaping b) All appropriate erosion control measures for the lot shall be in place. c) All catch basins shall be protected and maintained with hay bales to prevent siltation into the drain line during construction. d) The lot in question shall be staked in the field. The location of any major departures from the plan must be shown. e) Lot numbers,visible from all roadways must be posted on all lots. 5) PRIOR TO THE RELEASE OF THE PERFORMANCE BOND: a) The applicant is required to install a final pavement overlay on Stevens Street, starting at the last cross trench near Great Pond Road, extending to the existing sewer manhole in Stevens Street, approximately 300' northeast of the northern most point of lot 6. This work must be inspected and approved by the Department of Public Works. b) The applicant shall submit an as-built plan stamped by a Registered Professional Engineer in Massachusetts that shows all construction, including storm water mitigation trenches and other pertinent site features. This as-built plan shall be submitted to the Town Planner for approval. The applicant must submit a certification from the design engineer that the site was constructed as shown on the approved plan. c) All activity, exclusive of maintenance required in perpetuity, permitted by the Land Disturbance Permit must be completed within two years of permit issuance. Extensions of time can be granted by the Planning Board upon formal written request by the applicant, in accordance with Section 160.5.M of Town of North Andover Bylaws, Chapter 160, Stormwater Management and Erosion Control Bylaw. d) The Planning Board will issue a Certificate of Completion upon receipt and approval of final reports and documentation as outlined in the Regulations and/or upon otherwise determining that all work of the permit has been satisfactorily completed in accordance with the Stormwater Bylaw. The Certificate of Completion shall be recorded at the Essex North District Registry of 6 140 Academy Road Map 96,Parcel 33 • Land Disturbance Permit August 2,2011 Deeds(or Registry of District of the Land Court, if registered land)at the applicant's expense and proof of recording provided to the Planning Board. 6) No open burning shall be done except as is permitted during burning season under the Fire Department regulations. 7) The Contractor shall contact Dig Safe at least 72 hours prior to commencing excavation. 8) The provisions of this conditional approval shall apply to and be binding upon the applicant, it's employees and all successors and assigns in interest or control. 9) This decision must be filed with the North Essex Registry of Deeds. The following information is included as part of this decision: A) Plan Titled: Existing Conditions Plan Stevens Street North Andover, Prepared for: Tom Patenaude 100 Salem Street North Andover,MA 01845 Prepared by: Andover Consultants, Inc. 1 East River Place Methuen, MA 01844 Scale: 1"=20' Date: November 10, 2010 and revised April 21,2011,June 27, 2011 and July 26, 2011 Sheets: 6 B) Plan Titled: Erosion&Sediment Control Plan Stevens Street North Andover,MASS Prepared for: Tom Patenaude 100 Salem Street North Andover,MA 01845 Prepared by: Andover Consultants, Inc. 1 East River Place Methuen,MA 01844 Scale: 1"=20' Date: November 10, 2010 and revised April 21, 2011, June 27, 2011 and July 26, 2011 Sheets: 1 C) Stormwater Pollution Prevention Plan, 140 Academy Road at Stevens Street,North Andover,Massachusetts. Dated April 21,2011. D) Supplement to Stormwater Report, 140 Academy Road at Stevens Street,North Andover, Massachusetts. Dated June 28,2011. cc: Town Engineer Building Inspector Conservation Administrator 7 140 Academy Road Map 96,Parcel 33 ' Land Disturbance Permit August 2,2011 r'r School Department John Carney,NAPD Fred McCarthy,NAFD Applicant Engineer Assessor's Office File , Y 3 't. a 1 s' 8 0pRT1, Town of North Andover pttt�1D �a�'�' Office of the Planning Department 046:4, Community Development and Services Division 4'• •;'` 1600 Osgood Street ,SS^eHuse North Andover, Massachusetts 01845 Date of Decision: December 15, 2011 Tom Patenaude 100 Salem St. North Andover, MA 01845 Premises Affected: 140 Academy Road North Andover, MA 01845, Map 96,Parcel 33. INSUBSTANTIAL FINDING On August 2, 2011, the applicant received a Land Disturbance Permit, in accordance with the North Andover Town Bylaw Chapter 160 so as to allow the construction of five (5) new, single family residences, including the construction of driveways, the installation of stormwater management infrastructure, the installation of underground utilities, connections to existing water and sewer service and substantial grading in the R-3 Zoning District. Condition 3g of the Special Permit decision requires that the applicant obtain a drainage easement on behalf of the town for stormwater drainage onto the property located at 0 Stevens St., Assessor's Map 96, Lot 2. The applicant will install a new drainage pipe in the location shown on the plan dated Sept.1, 2011. In the event that the applicant cannot obtain the easement from that property owner, the Planning Department has determined that the applicant can continue with plans to replace the current drainage pipe in its current location with an 18" pipe, as shown on the plan dated August 16, 2011. o ehalf of the orth Andover Plan ing Board Judith Tymon,AICP 1 4 Andover 1 East River Place consultants Methuen, Massachusetts 01844 = inc. Tel. (978) 687-3828 Fax (978) 686-5100 www.andoverconsultants.com f, April 27,2011 LV' t — s;ti ; .'•I' —,-% `' �_ North Andover Planning Board "` : Town Offices 1600 Osgood Street North Andover,MA 01845 RE: Land Disturbance Permit: 140 Academy Road at Stevens Street North Andover,MA Ladies and Gentlemen: Enclosed please find attached: • Revised Site design plan set, sheets 1,2,3,4 and 5 of 5,prepared for Tom Patenaude,dated November 10,2010.,revised 04-21-11,2 copies. • "Stormwater Report",prepared for Tom Patenaude,dated November 10,2010,revised 04-25-11, 2 copies. • An Erosion and Sediment Control Plan, sheets 1 of 1,prepared for Tom Patenaude,dated April 21,2011,2 copies. • "Stormwater Pollution Prevention Plan"report,prepared for Tom Patenaude,dated April 21, 2011,2 copies. • A Land Disturbance Permit Application,2 copies. • Application fee of$300.00 in the form of a check payable to the Town of North Andover. • An abutter list from the North Andover Assessor's office. • CD with application and plans noted above. The attached are submitted in support of an application for a Land Disturbance Permit for work to construct 5 detached,single family dwellings on Stevens Street. Should you require any additional information,or have any questions concerning the project,please feel free to contact us. Thank you. Sincerely, ANDOVER CONSULTANTS,INC. 4a)osc- -a ----' James S. Fairweather II, P.E. Project Engineer Enclosures cc Tom Patenaude Civil Engineers • Land Surveyors • Land Planners ( - APPENDIX B - APPLICATION `~"'� - F , i 04 so.R.TH t .44 464 SsAc-HuSE- PLANNING DEPARTMENT Community Development Division Land Disturbance Permit Application Please type or print clearly. 1. Petitioner: Tom Patenaude 1.0 Petitioner's Address: 100 Salem St,North Andover,MA 01845 Telephone number: 978-815-7692 2.Owners of the Land: Robert Stevens Address: 140 Academy Road Number of years of ownership: 25 3.Address of Property Being Affected: (portion of) 140 Academy Road Zoning District: Residence 3 Assessors Map: 96 Lot#: 33 Registry of Deeds: Book#: 2073 Page#: 40 4.Description of Project: Construction of five detached single-family homes with appurtenant retaining walls,site grading,driveways and service utilities. 5.Total Area to be Disturbed 98,700±S.F.(2.26 Acres) 6. Has there been a previous application (Special Permit or Definitive Subdivision)from the Planning Board on these premises? No If so,when and for what type of construction? 7. Has there been a previous application (NOI/RDA, Small Project, Certificate of Compliance) from the Conservation Commission on these premises? Yes If so,when and what type? Notice of Intent(filed Nov. 16,2010)continued until this application is reviewed. 8.Petitioner and Landowner signature(s): Every application for a Land Disturbance Permit shall be made on this form,which is the official form of the Planning Board. Every application shall be filed with the Town Clerk's office. It shall be the responsibility of the petitioner to furnish all supporting documentation with this application. The dated copy of this application received by the Town Clerk or Planning Office does not absolve the applicant from this responsibility. The petitioner shall be responsible for all expenses for filing and legal notification. Failure to . comply with application requirements, as cited herein and in the Planning Board Rules and Regulations may result in a dismi al by the PI nning Board of this application as incomplete. Petitioner's Signature: j Print or type name here: —rY10i1.a S PITc'd*c,i A Owner's Signature: ,�f�,cr Print or type name here: s,b he i. Cj7P�7-to 9.Please list title of plans and documents you will be attaching to this application. Site development plan set,dated 4-21-11 (revised), 5 sheets Erosion and Sediment Control Plan,dated 4-21-11, 1 sheet Stormwater Pollution Prevention Plan(report),dated 4-21-11 Stormwater Report,dated 4-25-11 (revised) 10.Application Fee to be included with the Application is$300, made payable by check to the Town of North Andover. 2 4. Description of Project: Construction of five detached single-family homes with appurtenant retaining walls,site grading,driveways and service utilities. 5.Total Area to be Disturbed 98,700±S.F.(2.26 Acres) :_,,,,;,, 6. Has there been a previous application (Special Permit or Definitive Subdivision)from the Planning Board on these premises? No If so,when and for what type of construction? 7. Has there been a previous application (NOURDA, Small Project, Certificate of Compliance) from the Conservation Commission on these premises? Yes If so,when and what type? Notice of Intent(filed Nov. 16,2010)continued until this application is reviewed. 8.Petitioner and Landowner signature(s): Every application for a Land Disturbance Permit shall be made on this form, which is the official form of the Planning Board. Every application shall be filed with the Town Clerk's office. It shall be the responsibility of the petitioner to furnish all supporting documentation with this application. The dated copy of this application received by the Town Clerk or Planning Office does not absolve the applicant from this responsibility. The petitioner shall be responsible for all expenses for filing and legal notification. Failure to comply with application requirements, as cited herein and in the Planning Board Rules and Regulations may result in a dismissal by the Planning Board of this application as incomplete. Petitioner's Signature: Print or type name here: Owner's Signature: ✓ 1�)4/ 1 Print or type name here: 1'13 I?c>1-J V j7zp1lQ 7 9.Please list title of plans and documents you will be attaching to this application. Site development plan set,dated 4-21-11 (revised), 5 sheets Erosion and Sediment Control Plan,dated 4-21-11, 1 sheet Stormwater Pollution Prevention Plan(report),dated 4-21-11 Stormwater Report,dated 4-25-11 (revised) 10.Application Fee to be included with the Application is$300, made payable by check to the Town of North Andover. 2 F To Whom It May Concern: I, Robert Stevens,hereby authorize Mr. Tom Patenaude to submit plans on my behalf for a Land Disturbance Permit for work proposed on my property depicted on North Andover Assessor Map 96, Lot 33. I also authorize Andover Consultants, Inc. to prepare said plans and other relevant documents required to be submitted in support of this application as the project engineer and surveyor. Date: 4i 25 Robert Stevens 140 Academy Road North Andover, MA 01844 3 Abutter to Abutter( t) Building Dept. ( ) Conservation ( X ) Zoning ( ) Town of North Andover Abutters Listing REQUIREMENT: MGL 40A,Section 11 states in part"Parties in interest as used in this chapter shall mean the petitioner, abutters,owners of land directly oppositeon any public or private way,and abutters to abutters within three hundred(300)feet of the property line of the petitioner as they appear on the most recent applicable tax list,not withstanding that the land of any such owner is located in another city or town,the planning board of the city or town,and the planning board of every abutting city or town Subiect Property: z MAP PARCEL Name Address 96 33 Robert Dale Stevens 140 Academy Avenue,North Andover,MA 01845 Abutters Properties Map Parcel S Name Address 96 2&4 Edward Stevens 72 Great Pond Road,North Andover,MA 01845 96 5 Town of North Andover 120 Main Street,North Andover,MA 01845 96 6 Kevin Dorherty 450 Stevens Street,North Andover,MA 01845 96 17 , Suzanne Gramly 455 Stevens Street,North Andover,MA 01845 96 18.1 i Michael Tartarini 453 Stevens Street,North Andover,MA 01845 96 18.2 Forest Hill Realty Trust 26 Livingston Street,Lowell MA 01852 96 19 1 John Mceachem 447 Stevens Street,North Andover,MA 01845 96 20/21/22/24/25 Center Realty P.O.Box 876,North Andover,MA 01845 96 23 Michael Donovan 10 Johnson Street,North Andover,MA 01845 96 26 Robert Dale Stevens P.O.Box 116,North Andover,MA 01845 96 34&72 North Parish Church Academy Road,North Andover,MA 01845 96 35 Douglas Evans 114 Academy Road,North Andover,MA 01845 96 36 James Worden 84 Academy Road,North Andover,MA 01845 96 39 David Pidtul 135 Academy Road,North Andover,MA 01845 96 40 Historical Society Academy Road,North Andover,MA 01845 96. 48 William Coleman 72 Great Pond Road,North Andover,MA 01845 96 67 Ricardo Dube 357 Stevens Street,North Andover,MA 01845 96 71 Donna Breen 345 Stevens Street,North Andover,MA 01845 96 73 Trustees of Reservations 572 Essex Street,Beverly,MA 01915 s. 96 75 Scott Pollister 325 Stevens Street,North Andover,MA 01845 59 19 Town of North Andover 120 Main Street,North Andover,MA 01845 59 3 Trustees of Reservations 572 Essex Street,Beverly,MA 01915 This certifies that the names appearing on the records of the Ass- sors Off' e as of 1-1-0 /.0/ Certified by "Date ',4-/.2-// , NORTIi R Town of North Andover 1UUL 20 F '. 1 : 1 2 sSAcHuso Office of the Planning Department Community Development and Services Division P(978)688-9535 1600 Osgood Street i (, F'(978)688-9542 Building 20,Suite 2-36 North Andover,Massachusetts 01845 TO: d�m Een U.dle FAX: FROM: Jean Enright, Planning Assistant FAX: 978-688-9542 PHONE: 978-688-9535 Please sign your name and fill in address of premises affected, fill in current date, return same to fax 978-688-9542. Thank you. Special Permit "REQUEST FOR A CONTINUANCE" NAME: { l—bah Pp ADDRESS OF PREMISES AFFECTED: /90 ACalenvy PHONE NUMBER: AREA CODE: ( ) "I WISH TO REQUEST A CONTINUANCE UNTIL �' / 3v I // THEREFORE WAIVE THE TIME CONSTRAINTS FOR ISSUING OF ANY AND/ALL DECISIONS RELATIVE TO ANY/AND ALL PERMITS OF THE PLANNING BOARD FOR THE TOWN OF NORTH ANDOVER, MA." SIGNED BY PETITI NER OR REPRESENTATIVE: 1?-)71,51-71— /1--/-6/ 1" (SIGNATURE) DATE: 7/0/ (FIL URRENT DATE) BOARD OF APPEALS 688-9541 BUILDING 688-9545 CONSERVATION 688-9530 HEALTH 688-9540 PLANNING 688-9535 t - t►ORTH p' O ac tt� Atio 1/2tTII:P;s SSACHUSS1 CONSERVATION DEPARTMENT Community Development Division MODIFICATION TO ORDER OF CONDITIONS 1 140 Academy Road at Stevens Street, North Andover At the September 14, 2011 public hearing the North Andover Conservation Commission (NACC)voted to issue a minor modification to DEP#242-1504. The Modification shall conform to the plans and documents referenced below. Applicant: Tom Patenaude 100 Salem Street North Andover,MA 01845 Record Plans: "Steven's Street North Andover,Mass" Sheets 1-6 Revised: 09-01-11 Stamped by:James S. Fairweather II, P.E. Sheet 1 of 6 Existing Conditions Plan Sheet 2 of 6 Lot Grading Plan Sheet 3 of 6 Sewer Plan&Profiles Sheet 4 of 6 Profiles &Details Sheet 5 of 6 Details Sheet 6 of 6 Details Other Record Documents: Letter from James S. Fairweather II,P.E. North Andover Consultants, Inc. Dated: September 8, 2011 Approved Modifications • The modification approves a change in location of a proposed 18-inch culvert 30 feet to the north of the original location. The move will facilitate the granting of a drainage easement to the town and will not adversely affect the wetland resource areas. The original culvert will remain in place.All other aspects of the project remain as approved. 1600 Osgood Street,Building 20,Suite 2-36,North Andover,Massachusetts 01845 Phone 978.688.9530 Fax 978.688.9542 Web:http://www.townofnorthandover.com/Pages/NAndoverMA_Conservation/index S • NORTH /OitD fa�+O Iff, i #4i 41 : lb COCMCNIMK It " t 4044rEO Pg` .0 .. 9SAcHUSt� CONSERVATION DEPARTMENT 4` Community Development Division , t Modification to Order of Conditions The NORTH ANDOVER CONSERVATION COMMISSION agreed to accept i Applicant: 'j�a�„ P4%E' u,-Jp loinC, 1 hC . /©o SsrCP,✓1 Sree. / N4,P ,4-nS&✓P-/ �i.g a IF Vs— t' rw JiI .4 [ € i I , t as a Modification to the Order of Conditions issued in File 242-i S'ff4/ dated ,h i/// and k recorded in Book and page k Issued b, he ••RT !ANDOVER CONSERVATION COMMISSION: Aid ./ 1 aj■( --0�t.,t ; �/� Dr' 74/t i i On this /9 W4 of6coni,,,Let. .veri before me personally appeared Louis Napoli to me I day month/yr known to be the person described in and who executed the forgoing instrument and acknowledged that he/she executed the same as his/her free act and deed. t t (D9-issidi, Public ! , ,, ,, , 1r Notary Pub , Y �, • j �r p ) NOTARY PUBLIC I e .11 COI ao lwEALm of MASSACHUSETTS \ , My Comm.Expires July 15,2016 r i 1600 Osgood Street,North Andover,Massachusetts 01845 3 Phone 978.688.9530 Fax 978.688.9542 Web www.townofnorthandover.com I Massachusetts Department of Environmental Protection Provided by MassDEP: MassDEP File#:242-1504 Bureau of Resource Protection-Wetlands eDEP Transaction#:407337 WPA Form 5 - Order of Conditions City/Town:NORTH ANDOVER ,\ Massachusetts Wetlands Protection Act M.G.L.c. 131, §40 A. General Information 1.Conservation Commission NORTH ANDOVER 2. Issuance a. F OOC b.r Amended OOC 3.Applicant Details a.First Name TOM b.Last Name PATENAUDE c.Organization d.Mailing Address 100 SALEM STREET e.City/Town NORTH ANDOVER f.State MA g.Zip Code 01845 4.Property Owner a.First Name ROBERT b.Last Name STEVENS c.Organization d.Mailing Address 140 ACADEMY ROAD e.City/Town NORTH ANDOVER f.State MA g.Zip Code 01845 5.Project Location a.Street Address 140 ACADEMY ROAD b.CitylTown NORTH ANDOVER c.Zip Code 01845 d.Assessors Map/Plat# 96 e.Parcel/Lot# 33 f.Latitude 42.68526N g.Longitude 71.11129W 6.Property recorded at the Registry of Deed for: a.County b.Certificate c.Book d.Page NORTHERN ESSEX 2073 40 7.Dates a.Date NOI Filed: 11/18/2010 b.Date Public Hearing Closed: 8/24/2011 c.Date Of Issuance: 8/31/2011 ' 8.Final Approved Plans and Other Documents a.Plan Title: b.Plan Prepared by: c.Plan Signed/Stamped by: d.Revised Final Date: e.Scale: STEVENS STREET, ANDOVER JAMES S.FAIRWEATHER II, NORTH ANDOVER, CONSULTANTS P.E. 08-16-11 1"=20' MASS:SHEETS 1-6 EROSION& ANDOVER JAMES S.FAIRWEATHER II, SEDIMENT CONSULTANTS P.E. 08-16-11 1"=20' CONTROL PLAN Page 1 of 10*ELECTRONIC COPY t i 4 t I ILI Massachusetts Department of Environmental Protection Provided by MassDEP: Bureau of Resource Protection-Wetlands MassDEP File#:242-1504 eDEP Transaction#:407337 WPA Form 5 -Order of Conditions CityT"own:NORTH ANDOVER `' Massachusetts Wetlands Protection Act M.G.L.c. 131, §40 i B. Findings 1.Findings pursuant to the Massachusetts Wetlands Protection Act Following the review of the the above-referenced Notice of Intent and based on the information provided in this application and e presented at the public hearing,this Commission finds that the areas in which work is proposed is significant to the following interests of r the Wetlands Protection Act. Check all that apply: i a. F Public Water Supply b. r Land Containing Shellfish c.F Prevention of Pollution d. F Private Water Supply e. r Fisheries f F Protection of Wildlife Habitat g. F Ground Water Supply h. F Storm Damage Prevention i. F Flood Control 2.Commission hereby finds the project,as proposed,is: i Approved subject to: a.F The following conditions which are necessary in accordance with the performance standards set forth in the wetlands regulations. This Commission orders that all work shall be performed in accordance with the Notice of Intent referenced above,the following General Conditions,and any other special conditions attached to this Order.To the extent that the following conditions modify or differ from the plans,specifications,or other proposals submitted with the Notice of Intent,these conditions shall control. Denied because: b.E The proposed work cannot be conditioned to meet the performance standards set forth in the wetland regulations.Therefore, work on this project may not go forward unless and until a new Notice of Intent is submitted which provides measures which are adequate to protect interests of the Act,and a final Order of Conditions is issued.A description of the performance standards which the proposed work cannot meet is attached to this Order. c.r The information submitted by the applicant is not sufficient to describe the site,the work or the effect of the work on the interests identified in the Wetlands Protection Act.Therefore,work on this project may not go forward unless and until a revised Notice of Intent is submitted which provides sufficient information and includes measures which are adequate to protect the interests of the Act,and a final Order of Conditions is issued.A description of the specific information which is lacking and why it is necessary is attached to this Order as per 310 CMR 10.05(6)(c). 3 F Buffer Zone Impacts:Shortest distance between limit of project disturbance and the wetland resource 50 area specified in 310CMR10.02(1)(a). a.linear feet Inland Resource Area Impacts:(For Approvals Only): Proposed Permitted Proposed Permitted Resource Area Alteration Alteration Replacement Replacement 4. r Bank a.linear feet b.linear feet c.linear feet d.linear feet 5.r Bordering Vegetated Wetland a.square feet b.square feet c.square feet d.square feet 6. r Land under Waterbodies and Waterways a.square feet b.square feet c.square feet d.square feet Page 2 of 10*ELECTRONIC COPY t t S Massachusetts Department of Environmental Protection Provided by MassDEP: IL Bureau of Resource Protection-Wetlands MassDEP File#:242-1504 eDEP Transaction#:407337 WPA Form 5 -Order of Conditions Provided by MassDEP: ANDOVER i' Massachusetts Wetlands Protection Act M.G.L.c. 131,§40 4. i e.c/y dredged f.dy dredged 7.r Bordering Land Subject to Flooding a.square feet b.square feet c.square feet d.square feet i Cubic Feet Flood Storage e.cubic feet f.cubic feet g.cubic feet h.cubic feet a i a 8.r Isolated Land Subject to Flooding a.square feet b.square feet f Cubic Feet Flood Storage k c.cubic feet d.cubic feet e.cubic feet f.cubic feet 9.r Riverfront Area a.total sq.feet b.total sq.feet s Sq ft within 100 ft c.square feet d.square feet e.square feet f.square feet Sq ft between 100-200 ft i g.square feet h.square feet i.square feet j.square feet Coastal Resource Area Impacts: 8 Resource Area Proposed Permitted Proposed Permitted Alteration Alteration Replacement Replacement i 10.r Designated Port Areas Indicate size under Land Under the Ocean,below 11.r Land Under the Ocean a.square feet b.square feet c.c/y dredged d.c/y dredged 12.r Barrier Beaches Indicate size under Coastal Beaches and/or Coastal Dunes below 13.r Coastal Beaches a.square feet b.square feet c.c/y nourishment d.dy nourishment 14.r Coastal Dunes a.square feet b.square feet c.c/y nourishment d.c/y nourishment 15.r Coastal Banks a.linear feet b.linear feet 16.r Rocky Intertidal Shores a.square feet b.square feet 17.r Salt Marshes a.square feet b.square feet c.square feet d.square feet 18.r Land Under Salt Ponds a.square feet b.square feet c.dy dredged d.dy dredged Page 3 of 10*ELECTRONIC COPY I F t 5 1 r Massachusetts Department of Environmental Protection Provided by MassDEP: i` Bureau of Resource Protection-Wetlands MassDEP File#:242-1504 , eDEP Transaction#:407337 g ., WPA Form 5 -Order of Conditions City/Town:NORTH ANDOVER Massachusetts Wetlands Protection Act M.G.L.c. 131,§40 19.r Land Containing Shellfish a.square feet b.square feet c.square feet d.square feet Indicate size under Coastal Banks,inland Bank,Land Under the 20.r Fish Runs Ocean,and/or inland Land Under Waterbodies and Waterways, t i above i t i c.c/y dredged d.c/y dredged i 21.E Land Subject to Coastal Storm Flowage a.square feet b.square feet a I 22 i r Restoration/Enhancement(For Approvals Only) If the project is for the purpose of restoring or enhancing a wetland resource area in addition to the square footage that has been entered in Section B.5.c&d or B.17.c&d above,please entered the additional amount here. a.square feet of BVW b.square feet of Salt Marsh 23. r Streams Crossing(s) If the project involves Stream Crossings,please enter the number of new stream crossings/number of replacement stream crossings. a.number of new stream crossings b.number of replacement stream crossings C. General Conditions Under Massachusetts Wetlands Protection Act The following conditions are only applicable to Approved projects 1. Failure to comply with all conditions stated herein,and with all related statutes and other regulatory measures,shall be deemed cause to revoke or modify this Order. 2. The Order does not grant any property rights or any exclusive privileges;it does not authorize any injury to private property or invasion of private rights. 3. This Order does not relieve the permittee or any other person of the necessity of complying with all other applicable federal, state,or local statutes,ordinances,bylaws,or regulations. 4. The work authorized hereunder shall be completed within three years from the date of this Order unless either of the following apply: a.the work is a maintenance dredging project as provided for in the Act;or b.the time for completion has been extended to a specified date more than three years,but less than five years,from the date of issuance.If this Order is intended to be valid for more than three years,the extension date and the special circumstances warranting the extended time period are set forth as a special condition in this Order. 5. This Order may be extended by the issuing authority for one or more periods of up to three years each upon application to the issuing authority at least 30 days prior to the expiration date of the Order. 6. If this Order constitutes an Amended Order of Conditions,this Amended Order of Conditions does not exceed the issuance date of the original Final Order of Conditions. 7. Any fill used in connection with this project shall be clean fill.Any fill shall contain no trash,refuse,rubbish,or debris,including but not limited to lumber,bricks,plaster,wire,lath,paper,cardboard,pipe,tires,ashes,refrigerators,motor vehicles,or parts of any of the foregoing. 8. This Order is not final until all administrative appeal periods from this Order have elapsed,or if such an appeal has been taken, Page 4 of 10*ELECTRONIC COPY i' i I, F; k i Massachusetts Department of Environmental Protection Provided by MassDEP: Bureau of Resource Protection-Wetlands MassDEP File#:242-1504 eDEP Transaction#:407337 i WPA Form 5-Order of Conditions Provided by MassDEP: ANDOVER LIMassachusetts Wetlands Protection Act M.G.L.c. 131,§40 l' until all proceedings before the Department have been completed. 9. No work shall be undertaken until the Order has become final and then has been recorded in the Registry of Deeds or the Land Court for the district in which the land is located,within the chain of title of the affected property.In the case of recorded land, 1 the Final Order shall also be noted in the Registry's Grantor Index under the name of the owner of the land upon which the proposed work is to be done.In the case of the registered land,the Final Order shall also be noted on the Land Court Certificate of Title of the owner of the land upon which the proposed work is done.The recording information shall be submitted to the Conservation Commission on the form at the end of this Order,which form must be stamped by the Registry of Deeds, ( prior to the commencement of work.. 10. A sign shall be displayed at the site not less then two square feet or more than three square feet in size bearing the words, "Massachusetts Department of Environmental Protection" i [or'MassDEP"] i File Number:"242-1504" r 11. Where the Department of Environmental Protection is requested to issue a Superseding Order,the Conservation Commission shall be a party to all agency proceedings and hearings before Mass DEP. 12. Upon completion of the work described herein,the applicant shall submit a Request for Certificate of Compliance(WPA Form 8A)to the Conservation Commission. l 13. The work shall conform to the plans and special conditions referenced in this order. 14. Any change to the plans identified in Condition#I3 above shall require the applicant to inquire of the Conservation Commission I in writing whether the change is significant enough to require the filing of a new Notice of Intent. 15. The Agent or members of the Conservation Commission and the Department of Environmental Protection shall have the right to enter and inspect the area subject to this Order at reasonable hours to evaluate compliance with the conditions stated in this i Order,and may require the submittal of any data deemed necessary by the Conservation Commission or Department for that : evaluation. 16. This Order of Conditions shall apply to any successor in interest or successor in control of the property subject to this Order and to any contractor or other person performing work conditioned by this Order. I 17. Prior to the start of work,and if the project involves work adjacent to a Bordering Vegetated Wetland,the boundary of the 1 wetland in the vicinity of the proposed work area shall be marked by wooden stakes or flagging.Once in place,the wetland boundary markers shall be maintained until a Certificate of Compliance has been issued by the Conservation Commission. 18. All sedimentation barriers shall be maintained in good repair until all disturbed areas have been fully stabilized with vegetation or other means.At no time shall sediments be deposited in a wetland or water body.During construction,the applicant or his/her designee shall inspect the erosion controls on a daily basis and shall remove accumulated sediments as needed.The applicant ' shall immediately control any erosion problems that occur at the site and shall also immediately notify the Conservation Commission,which reserves the right to require additional erosion and/or damage prevention controls it may deem necessary. Sedimentation barriers shall serve as the limit of work unless another limit of work line has been approved by this Order. NOTICE OF STORMWATER CONTROL AND MAINTENANCE REQUIREMENTS 19. The work associated with this Order(the"Project")is(1) F is not(2)E subject to the Massachusetts Stormwater Standards. If the work is subject to Stormwater Standards,then the project is subject to the following conditions; k a) All work,including site preparation,land disturbance,construction and redevelopment,shall be implemented in accordance with the construction period pollution prevention and erosion and sedimentation control plan and,if applicable,the Stormwater Pollution Prevention Plan required by the National Pollutant Discharge Elimination System Construction General Permit as required by Stormwater Standard 8.Construction period erosion,sedimentation and pollution control measures and best management practices(BMPs)shall remain in place until the site is fully stabilized. b) No stormwater runoff may be discharged to the post-construction stormwater BMPs unless and until a Registered Professional Engineer provides a Certification that:i.all construction period BMPs have been removed or will be removed by a date certain specified in the Certification.For any construction period BMPs intended to be converted to post construction operation for stormwater attenuation,recharge,and/or treatment,the conversion is allowed by the MassDEP Stormwater Page 5 of 10*ELECTRONIC COPY s' is , l Massachusetts Department of Environmental Protection Provided by MassDEP: i Bureau of Resource Protection-Wetlands MassDEP File#:242-1504 WPA Form 5-Order of Conditions eDEP Transaction#:407337 Massachusetts Wetlands Protection Act M.G.L.c. 131, §40 City/Town:NORTH ANDOVER v Handbook BMP specifications and that the BMP has been properly cleaned or prepared for post construction operation, £` including removal of all construction period sediment trapped in inlet and outlet control structures;ii..as-built final construction p BMP plans are included,signed and stamped by a Registered Professional Engineer,certifying the site is fully stabilized;iii. any illicit discharges to the stormwater management system have been removed,as per the requirements of Stormwater Standard 10;iv. all post-construction stormwater BMPs are installed in accordance with the plans(including all planting plans)approved by the issuing authority,and have been inspected to ensure that they are not damaged and that they are in proper working condition;v. any vegetation associated with post-construction BMPs is suitably established to withstand erosion. c) The landowner is responsible for BMP maintenance until the issuing authority is notified that another party has legally assumed t responsibility for BMP maintenance.Prior to requesting a Certificate of Compliance,or Partial Certificate of Compliance,the responsible party(defined in General Condition 19(e))shall execute and submit to the issuing authority an Operation and l Maintenance Compliance Statement("O&M Statement")for the Stormwater BMPs identifying the party responsible for implementing the stormwater BMP Operation and Maintenance Plan("O&M Plan")and certifying the following:i.)the O&M t Plan is complete and will be implemented upon receipt of the Certificate of Compliance,and ii.)the future responsible parties '' shall be notified in writing of their ongoing legal responsibility to operate and maintain the stormwater management BMPs and I implement the Stormwater Pollution Prevention Plan. i. d) Post-construction pollution prevention and source control shall be implemented in accordance with the long-term pollution z prevention plan section of the approved Stormwater Report and,if applicable,the Stormwater Pollution Prevention Plan 1 required by the National Pollutant Discharge Elimination System Multi-Sector General Permit. e) Unless and until another party accepts responsibility,the landowner,or owner of any drainage easement,assumes responsibility for maintaining each BMP.To overcome this presumption,the landowner of the property must submit to the issuing authority a legally binding agreement of record,acceptable to the issuing authority,evidencing that another entity has accepted responsibility for maintaining the BMP,and that the proposed responsible party shall be treated as a permittee for 4 purposes of implementing the requirements of Conditions 19(f)through 19(k)with respect to that BMP.Any failure of the i proposed responsible party to implement the requirements of Conditions 19(f)through 19(k)with respect to that BMP shall be a violation of the Order of Conditions or Certificate of Compliance.In the case of stormwater BMPs that are serving more than one lot,the legally binding agreement shall also identify the lots that will be serviced by the stormwater BMPs.A plan and easement deed that grants the responsible party access to perform the required operation and maintenance must be submitted along with the legally binding agreement. f) The responsible party shall operate and maintain all stormwater BMPs in accordance with the design plans,the O&M Plan, and the requirements of the Massachusetts Stormwater Handbook. g) The responsible party shall: 1.Maintain an operation and maintenance log for the last three(3)consecutive calendar years of inspections,repairs, maintenance and/or replacement of the stormwater management system or any part thereof,and disposal(for disposal the log shall indicate the type of material and the disposal location); 2.Make the maintenance log available to MassDEP and the Conservation Commission("Commission")upon request;and 3.Allow members and agents of the MassDEP and the Commission to enter and inspect the site to evaluate and ensure ' that the responsible party is in compliance with the requirements for each BMP established in the O&M Plan approved by t; the issuing authority. h) All sediment or other contaminants removed from stormwater BMPs shall be disposed of in accordance with all applicable federal,state,and local laws and regulations. i) Illicit discharges to the stormwater management system as defined in 310 CMR 10.04 are prohibited. s t j) The stormwater management system approved in the Order of Conditions shall not be changed without the prior written approval of the issuing authority. k) Areas designated as qualifying pervious areas for the purpose of the Low Impact Site Design Credit(as defined in the MassDEP Stormwater Handbook,Volume 3,Chapter 1,Low Impact Development Site Design Credits)shall not be altered without the prior written approval of the issuing authority. I) Access for maintenance,repair,and/or replacement of BMPs shall not be withheld.Any fencing constructed around Page 6 of 10*ELECTRONIC COPY , i i ■ 2 r • • i • Massachusetts Department of Environmental Protection Provided by MassDEP: MassDEP File#:242-1504 Bureau of Resource Protection-Wetlands eDEP Transaction#:407337 L IIPPI1 WPA Form 5 - Order of Conditions City/Town:NORTH ANDOVER v Massachusetts Wetlands Protection Act M.G.L.c. 131,§40 1 o i stormwater BMPs shall include access gates and shall be at least six inches above grade to allow for wildlife passage. l Special Conditions: SEE ATTACHED. 4 `;s I i k i a: i 1 : E i `s E s a , , , Page 7 of 10*ELECTRONIC COPY r . Massachusetts Department of Environmental Protection Provided by MassDEP: L r, Bureau of Resource Protection-Wetlands MassDEP File#:242-1504 WPA Form 5 -Order of Conditions eDEP Transaction#:407337 li Massachusetts Wetlands Protection Act M.G.L.c. 131,§40 City/Town:NORTH ANDOVER i D. Findings Under Municipal Wetlands Bylaw or Ordinance l 1. Is a municipal wetlands bylaw or ordinance applicable?F Yes 1— No 2. The Conservation Commission hereby(check one that applies): a. 1— DENIES the proposed work which cannot be conditioned to meet the standards set forth in a municipal ordinance or bylaw specifically: 1.Municipal Ordinance or Bylaw 2.Citation t Therefore,work on this project may not go forward unless and until a revised Notice of Intent is submitted which provides l measures which are adequate to meet these standards,and a fmal Order or Conditions is issued.Which are necessary to comply with a municipal ordinance or bylaw: t b. F APPROVES the proposed work,subject to the following i additional conditions. NORTH ANDOVER WETLANDS i; 1.Municipal Ordinance or Bylaw PROTECTION 2.Citation CHAPTER 178 5 BYLAW 3. The Commission orders that all work shall be performed in accordance with the following conditions and with the Notice of Intent referenced above.To the extent that the following conditions modify or differ from the plans,specifications,or other proposals submitted with the Notice of Intent,the conditions shall control. The special conditions relating to municipal ordinance or bylaw are as follows: SEE ATTACHED. fi' i c a 1 i i i C i t G' i , Page 8 of 10*ELECTRONIC COPY t t. i r F i . . Massachusetts Department of Environmental Protection Provided by MassDEP: MassDEP File#:242-1504 Bureau of Resource Protection-Wetlands MassDEP Transaction#:407337 WPA Form 5 -Order of Conditions LI City/Town:NORTH ANDOVER Massachusetts Wetlands Protection Act M.G.L.c. 131,§40 , I E. Signatures — / This Order is valid for three years from the date of issuance,unless otherwise specified R- ', ) ( ' pursuant to General Condition#4.If this is an Amended Order of Conditions,the Amended 1.Date of Original Order Order expires on the same date as the original Order of Conditions. Please indicate the number of members who will sign this form.This Order must be signed by 2.Number of Signers a majority of the Conservation Commission. The Order must be mailed by certified mail(return receipt requested)or hand delivered to the applicant.A copy also must be mailed or hand delivered at the same time to the appropriate Department of Environmental Protection Regional Office,if not filing i electronically,and the property owner,if different from applicant. ii C Signatures: , t 1 t' / p 4 ' / � I AAVAIAIM T IMITATar , I- by hand delivery on iy c-rtified m 1, eturn receipt requested,on (Sl 1 31 / ii Date Date F. Appeals The applicant,the owner,any person aggrieved by this Order,any owner of land abutting the land subject to this Order,or any ten residents of the city or town in which such land is located,are hereby notified of their right to request the appropriate MassDEP Regional Office to issue a Superseding Order of Conditions.The request must be made by certified mail or hand delivery to the Department,with the appropriate filing fee and a completed Request for Departmental Action Fee Transmittal Form,as provided in 310 CMR 10.03(7)within ten business days from the date of issuance of this Order.A copy of the request shall at the same time be sent by certified mail or hand delivery to the Conservation Commission and to the applicant,if he/she is not the appellant. Any appellants seeking to appeal the Department's Superseding Order associated with this appeal will be required to demonstrate prior participation in the review of this project.Previous participation in the permit proceeding means the submission of written information to the Conservation Commission prior to the close of the public hearing,requesting a Superseding Order,or providing written information to the Department prior to issuance of a Superseding Order. The request shall state clearly and concisely the objections to the Order which is being appealed and how the Order does not contribute to the protection of the interests identified in the Massachusetts Wetlands Protection Act(M.G.L.c.131,§40),and is inconsistent with the wetlands regulations(310 CMR 10.00).To the extent that the Order is based on a municipal ordinance or bylaw, and not on the Massachusetts Wetlands Protection Act or regulations,the Department has no appellate jurisdiction. Page 9 of 10*ELECTRONIC COPY 4 E Sggy t. Massachusetts Department of Environmental Protection Provided by MassDEP: Bureau of Resource Protection-Wetlands MassDEP File#242-1504 i E WPA Form 5-Order of Conditions eDEP Transaction#:407337 City/Town:NORTH ANDOVER (' Massachusetts Wetlands Protection Act M.G.L.c. 131,§40 l f E G. Recording Information This Order of Conditions must be recorded in the Registry of Deeds or the Land Court for the district in which the land is located, within the chain of title of the affected property.In the case of recorded land,the Final Order shall also be noted in the Registry's Grantor Index under the name of the owner of the land subject to the Order.In the case of registered land,this Order shall also be noted on the Land Court Certificate of Title of the owner of the land subject to the Order of Conditions.The recording information on this page shall be submitted to the Conservation Commission listed below. s NORTH ANDOVER t, Conservation Commission Ii 4 Detach on dotted line,have stamped by the Registry of Deeds and submit to the Conservation Commission. To: NORTH ANDOVER f Conservation Commission Please be advised that the Order of Conditions for the Project at: i s i 140 ACADEMY ROAD 242-1504 ' Project Location MassDEP File Number Has been recorded at the Registry of Deeds of: County Book Page for. Property Owner ROBERT STEVENS 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 Rev.4/1/2010 Page 10 of 10*ELECTRONIC COPY DEP FILE #242 - 1504 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 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 20. The proposed work includes: Construction of five (5) single-family homes with appurtenant grading, driveways, stormwater management and utility connections. Construction of a sewer extension to service the lots is also proposed. Portions of the work including stormwater management structures and the proposed sewer are within the 100-foot Buffer Zone to Bordering Vegetated Wetland (BVW). 21. The work shall conform to the following: Applicant: Tom Patnaude 100 Salem Street North Andover, MA 01845 Property Owner: Robert Stevens 140 Academy Road North Andover, MA 01845 Notice of Intent Filed by: James Fairweather Andover Consultants,Inc. 1 East River Place Methuen, MA 01844 Date filed: November 16, 2010 Site Plans prepared by Andover Consultants, Inc. Stamped by James S. Fairweather II, P.E. ff Record Plans: "Stevens Street, North Andover, Mass" Sheets 1 - 6 and Sheet 1 of 1 Dated: November 10, 2010 and last revised: 08-16-11 }' Sheet 1 of 6 Existing Conditions Plan Sheet 2 of 6 Lot Grading Plan Sheet 3 of 6 Sewer Plan & Profiles Sheet 4 of 6 Profiles & Details 242-1504,140 academy ooc.doc 1 NACC 8/31/2011 ii tt DEP FILE#242 - 1504 Sheet 5 of 6 Details Sheet 6 of 6 Landscape Plan Sheet 1 of 1 Erosion&Sediment Control Plan Record Documents: Stormwater Report 140 Academy Road at Stevens Street North Andover, Massachusetts Prepared by: Andover Consultants, Inc. Date: November, 2010 and last revised: April 25, 2011 Supplement to Stormwater Report Prepared by: Andover Consultants, Inc. Last Revised: August 16, 2011 Operation & Maintenance Plan and Long Term Pollution Prevention Plan 140 Academy Road at Stevens Street Prepared by: Andover Consultants, Inc. Stormwater Review: Stormwater Management Review letter Prepared by: Lisa Eggleston, P.E. dated July 14, 2010; Response letter prepared by Andover Consultants, Inc. dated July 26, 2010; Review letter prepared by Lisa Eggleston, P.E. dated October 5, 2010; 22. The term, Applicant as used in this Order of Conditions shall refer to the owner, any successor in interest or successor in control of the P roperty 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. 23. The conditions of this decision shall apply to, and be binding upon,the applicant, owner, its employees and all successors and assigns in interest or control. These obligations shall be expressed in covenants in all deeds to succeeding owners of portions of the property. 24. Failure to comply with all conditions stated herein, and with all related statutes and other regulatory measures, shall be deemed cause to revoke or modify this Order. 25. This Order does not grant any property rights or any exclusive privileges; it does not authorize any injury to private property or invasion of property rights. However,the NACC, agent of the NACC or the Department of Environmental Protection(DEP) 242-1504,140 academy ooc.doc 2 NACC 8/31/2011 DEP FILE#242 - 1504 reserves the right to enter and inspect the property at all reasonable times until a ?e Certificate of Compliance is issued, to evaluate compliance with this Order of Conditions, the Act(310 CMR 10.00) and associated regulations, and may require any information, measurements, photographs, observations,and/or materials, or may require the submittal of any data or information deemed necessary by the NACC for that evaluation. Further, work shall be halted on the site if the NACC, agent or DEP determines that any of the work is not in compliance with this Order of Conditions. Work shall not resume until the NACC is satisfied that the work will comply and has so notified the applicant in writing. 26. This Order does not relieve the permittee or any other person of the necessity of complying with all other applicable federal, state or local statutes, ordinances,by-laws or regulations. 27. The work authorized hereunder shall be completed within three years from the date of 4` this order. 28. This Order may be extended by the issuing authority for one but not more than two periods of up to one year each upon application to the issuing authority at least thirty days (30) prior to the expiration date of the Order (Refer to Section 8.3 (p.37) of the North Andover Wetland Regulations). 29. The NACC reserves the right to amend this Order of Conditions after a legally advertised public hearing if plans or circumstances are changed or if new conditions or information so warrant. 30. Where the Department of Environmental Protection (DEP) is requested to make a determination and to issue a Superseding Order, the Conservation Commission shall be a party to all agency proceedings and hearings before the Department. 31. Any future project which proposes a wetland crossing in order to access certain portions of the property will not be qualified as a limited project roadway under 310 CMR 10.53(e). 32. The following wetland resource areas are affected by the proposed work: Buffer Zone to BVW. This resource area is significant to the interests of the Act as noted above and therein. The applicant has not attempted to overcome the presumption of significance of this resource area to the identified interests. 33. The BVW was delineated by Basbanes Wetland Consulting in August 2010. The wetland resource areas are off property and only the Buffer Zone cast onto this property is confirmed by the NACC. 34. 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 242-1504,140 academy ooc.doc 3 NACC 8/31/2011 XX. • DEP FILE#242 - 1504 x` 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. 35. The owners of the project and their successors in title agree that the Order does not in itself impose upon the Town any responsibility to maintain the proposed drainage system and that said Town shall not be liable for any damage in the event of failure. By acceptance of this Order, the owners agree to indemnify and hold harmless to the Town and its residents for any damage attributable to alterations undertaken on this property pursuant to the Order. Issuance of these Conditions does not in any way imply or certify that the site or downstream areas will not be subject to flooding, storm damage or any other form of water damage. PRIOR TO CONSTRUCTION 36. 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. 37. This Order shall be recorded by the applicant at the Registry of Deeds immediately after the expiration of all appeal periods. No work shall be undertaken until the Final Order has been recorded in the Registry of Deeds or the Land Court for the district in which the land is located,within the chain of title of the affected property. In the case of recorded land,the Final Order shall also be noted in the Registry's Grantor Index under the name of the owner of the land upon which the proposed work is to be done. In the case of registered land, the Final Order shall also be noted on the Land Court Certificate of Title k, 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. 38. A sign shall be displayed at the site not less than two square feet or more than three square feet in size bearing the words "Massachusetts DEP, File Number 242-1504." 39. Prior to the commencement of any work, the applicant shall submit to the Conservation Department a copy of the approved NPDES Storm Water Pollution Prevention Plan (SWPPP). 40. Any changes in the submitted plans caused by the applicant, another Board's decision or resulting from this Order of Conditions must be submitted to the NACC for approval prior to implementation. If the NACC finds said changes to be significant, the NACC will call for another public hearing (at the expense of the applicant). Within 21 days of the close of said public hearing the NACC will issue an amended or new Order of Conditions. 242-1504,140 academy ooc.doc 4 NACC 8/31/2011 w i DEP FILE#242 - 1504 Any errors found in the plans or information submitted by the applicant shall be considered as changes. No work shall begin on a project until written approval has been granted by the NACC. 41. It is the responsibility of the applicant, owner, and/or successor(s) to ensure that all conditions of this Order of Conditions are complied with The project engineer and contractors are to be provided with a copy of this Order of Conditions and referenced F documents before commencement of construction. 42. Prior to any work commencing on site, the applicant shall submit to the NACC for i approval, a detailed sequence of construction (Phasing Plan),including a dated timetable of clearing and grading, soil disturbance,installation of sedimentation/erosion control . devices, the construction of temporary sediment traps, phasing associated with the development of the lots,the construction of the associated stormwater management structures, and landscaping activities. This timetable must continue to be updated monthly throughout the project. 43. Wetland flagging shall be checked prior to the start of construction and shall be re- t;' 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 fi wetland impacts can be monitored. The proposed limit of work shall be shall be clearly marked with erosion controls or temporary fencing and shall be confirmed by the NACC. Such barriers shall be checked and replaced as necessary and shall be maintained until all construction is complete. Workers should be informed that no use of machinery, storage of machinery or materials, stockpiling of soil, or construction activity is to occur beyond t this line at any time 44. A row of staked hay bales backed by trenched siltation fence (and all other necessary ) erosion control measures including check dams and slope matting) shall be placed between all construction areas and wetlands. The erosion control barrier will be properly installed and placed as shown on the Erosion &Sediment Control Plan approved and referenced herein and shall be inspected and approved by the NACC or its agent prior to the start of construction and shall remain intact until all disturbed areas have been permanently stabilized to prevent erosion. All erosion prevention and sedimentation protection measures found necessary during construction shall be implemented at the direction of the NACC or its agent. The NACC reserves the right to impose additional conditions on portions of this project to mitigate any impacts which could result from site erosion,or any noticeable degradation of surface water quality discharging from the site For example, installation of erosion control measures may be required in areas not shown on the plan(s) referenced in this Order of Conditions. Should such installation be required by the NACC, they shall be installed within 48 hours of the Commission's request. 242-1504,140 academy ooc.doc 5 NACC 8/31/2011 i DEP FILE#242 - 1504 45. The applicant shall have on hand at the start of any soil disturbance, removal or stockpiling, a minimum of 25 hay bales and sufficient stakes for staking these bales, 75 feet of silt fence, and an adequate supply of emergency erosion controls including crushed ! stone, silt sacks,jute matting and any other erosion controls the applicant proposes to use as part of the Erosion and Sedimentation Control Plan. Said supplies shall be used only for the control of emergency erosion problems and shall not be used for the normal a' control of erosion. ft 46. A check payable to the Town of North Andover shall be provided in the amount of$5,500 which shall be in all respects satisfactory to Town Counsel, Town Treasurer, and the NACC,and shall be posted with the North Andover Town Treasurer through the NACC 1 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 t that provisions, satisfactory to the NACC, have been made for performance of any I` 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. i 47. The applicant shall designate a Wetland Scientist or other environmental professional as approved by the NACC or its agent, as an"Erosion Control Monitor (ECM)" to oversee any emergency placement of controls and regular inspection or replacement of sedimentation control devices (Credentials of said Erosion Control Monitor shall be submitted in writing for review and subsequent approval by the NACC). The name and phone number of the erosion control monitor must be provided to the NACC in the event that this person has to be contacted, due to an emergency at the site, during any 24-hour period, including weekends. The Environmental Professional will immediately notify the Conservation agent of any matter that requires attention by the Commission or the agent. The erosion control monitor will be required to inspect all such devices and oversee cleaning and the proper disposal of waste products. Cleaning shall include removal of 7 any entrapped silt. r 48. At least once during each week in which construction activities occurs on-site and for as long thereafter as ground remains unstabilized, the applicant shall submit a written , report and photographs from the "Erosion Control Monitor" to the NACC certifying that, to the best of his/her knowledge and belief based on a careful site inspection, all work is being performed in compliance with this Order of Conditions and that approved setbacks F are being adhered to The erosion control monitor 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. The Erosion Control Monitor shall be on site during and/or following a major storm event of 1/2" inch of rain or greater (24 hour event) to ensure that soils remain stable, and erosion controls are adequate and secure. 242-1504,140 academy ooc.doc 6 NACC 8/31/2011 DEP FILE#242 - 1504 49. 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, such as a Management Company, Homeowner's Association or individual, subject to said Orders of Conditions, the "Compliance Certification Form" Affidavit(attached herein) signed under the pains and penalties of perjury, stating that said applicant has read these Orders 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 owners, each party is subject to this Condition. This document shall apply to each of the conditions referenced herein and shall be provided to the Conservation Department at least five (5) business days prior to the closing of said land transaction. 50. 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, contractor, engineer, wetland scientist/environmental monitor and the applicant to ensure that all of the Conditions of this Order are understood. This Order shall be included in all construction contracts, subcontracts, and specifications dealing with the work proposed and shall supersede any conflicting contract requirements. The applicant shall assure that all contractors, subcontractors and other personnel performing the permitted work are fully aware of the permit's terms and conditions. Thereafter, the contractor will be held jointly liable for any violation of this Order of Conditions resulting from failure to comply with its conditions. The applicant or contractor shall notify the NACC in writing of the identity of the on-site construction supervisor hired to coordinate construction and to ensure compliance with this Order. A reasonable period of time shall be provided as zi notice of the pre-construction meeting (e.g. 72 hours). STORMWATER MANAGEMENT CONDITIONS 51. 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, this Order of Conditions, and the approved Operation and Maintenance Plan and Long Term Pollution Prevention Plan attached herein. 52. All stormwater best management practices shall be maintained as specified in the Operation and Maintenance Plan and Long Term Pollution Prevention Plan submitted with the Notice of Intent and incorporated in the Order of Conditions. The approved Operation and Maintenance Plan and Long Term Pollution Prevention Plan is fully binding upon the applicant and/or owners, successors, agents, associations, heirs and assigns and must be adhered to in perpetuity. 53. Evidence of maintenance of the stormwater management system shall be provided to the NACC on an annual basis by a Registered Professional Civil Engineer certifying that the 242-1504,140 academy ooc.doc 7 NACC 8/31/2011 t DEP FILE#242 - 1504 drainage system is working as designed and shall include any maintenance invoices for cleaning and repairs. The first report 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 the designed stormwater r management system and associated stormwater management conditions shall be satisfied prior to the issuance of a Certificate of Compliance. 54. Temporary and/or permanent swales and traps being used for sedimentation and dewatering during construction shall be cleaned of sediment when levels exceed six (6) inches. Soils removed from the temporary/permanent stormwater management system shall be stored and disposed of properly. The basins shall be cleaned of sediment prior to 1` final grading and construction of permanent stormwater basins and structures. i 55. There shall be no increase in the post development discharges from the storm drainage I 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. 56. Water quality down gradient of BVW 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 57. 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 and Maintenance Plan and Long Term Pollution Prevention Plan attached herein and the associated stormwater management conditions mandated herein. 58. The applicants, owners, and their successors and assignees, shall maintain all culverts, fl 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 t to avoid blockages and siltation which might cause failure of the system and/or 1 detrimental impacts to on-site or off-site resource areas, and shall maintain the integrity of vegetative cover on the site DURING CONSTRUCTION 59. Upon beginning work, the applicant shall submit written weekly progress detailing what work has been done in or near resource areas, and what work is anticipated to be done over the next period. This will update the construction sequence. 60. Construction sequencing shall be followed throughout all phases of construction as detailed in the Erosion &Sediment Control Plan (Sheet 1 of 1) and in the construction sequence submitted per condition#43,thereby minimizing any unnecessary impacts to the wetland resource areas. 242-1504,140 academy ooc.doc 8 NACC 8/31/2011 DEP FILE#242 - 1504 61. Accepted engineering and construction standards and procedures shall be followed in the completion of the project. ' { 62. 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. 63. A crushed stone construction entrance shall be installed at the designated access locations as shown on the approved plans referenced herein to minimize soil/material tracking onto the roadways and paved surfaces. This entrance shall be reinforced and cleaned as necessary throughout the duration of construction. 64. Erosion control devices shall be inspected regularly; any entrapped silt shall be removed to an area outside of the buffer zone and wetland resource areas; silt fence and hay bales shall be replaced as necessary. The areas of construction shall remain in stable condition at the close of each construction day. All erosion controls shall be in place throughout the duration of any construction on site or unless authorized by the Conservation personnel. 65. 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 or other approved method to prevent sediment from entering the drainage system. Silt Sacks or other catch basin protection shall be maintained and regularly cleaned of sediments 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. 66. 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. 67. Approved de-watering activities shall be supervised and witnessed by the designated erosion control monitor. This designee must be on-site at all times while dewatering is occurring. De-watering activities shall be conducted as shown on the approved plans and shall be monitored daily by the erosion control monitor to ensure that sediment laden water is appropriately settled prior to discharge toward the wetland resource areas. No discharge of water is allowed directly into an area subject to jurisdiction of the Wetlands Protection Act. If emergency de-watering requirements arise, the applicant shall submit a contingency plan to the NACC or its administrator for approval,which provides for the pumped water to be contained in a settling basin, to reduce turbidity prior to discharge into a resource area 68. Pavement and roadways shall be swept weekly or as directed by the Erosion Control monitor, the Site Supervisor, Project Manager, or Conservation staff for as long as the site remains exposed and un-stabilized. 242-1504,140 academy ooc.doc 9 NACC 8/31/2011 is DEP FILE #242 - 1504 69. 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. 70. All exposed soil finish grade surfaces shall be immediately landscaped and stabilized, or loamed, seeded and matted. All disturbed areas must be graded, loamed and seeded prior to November 1st of each year Outside of the growing season, exposed soil finish grade surfaces shall be stabilized with jute matting or by other means approved by the NACC until climate conditions allow for seeding. During construction, any area of exposed soils that will be left idle for more than 30 days shall be stabilized with a layer of mulch hay or other means approved by the NACC. 71. 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. 72. Construction equipment/vehicles shall not be staged overnight within 100 feet of a wetland resource area 73. There shall be no stockpiling of soil or other materials within one hundred (100) feet of any resource area. Soils or other materials shall be stockpiled in locations approved by this department or within the designated areas as shown on the approved plans referenced herein. Further, due to the existing grade on the site, any approved temporary stockpile areas shall be adequately surrounded by erosion controls to prevent migration of soils off-site. 74. Washings from concrete trucks, or surplus concrete, shall not be directed to, any drainage system, or wetland resource area. If concrete truck washing is required an area for this activity shall be designated and approved by the Conservation Department. 75. All waste generated by, or associated with, the construction activity shall be contained within the limit of work, and away from any wetland resource area There shall be no burying of spent construction materials or disposal of waste on the site by any other means. The applicant shall maintain dumpsters (or other suitable means) at the site for the storage and removal of such spent construction materials off-site. However,no trash dumpsters will be allowed within 50' of areas subject to protection under the Act or local ByLaw. 76. During and after work on this project, there shall be no discharge or spillage of fuel, or other pollutants into any wetland resource area If there is a spill or discharge of any pollutant during any phase of construction the NACC shall be notified by the applicant {' within one (1) business day. No construction vehicles are to be stored within 100 feet of wetland resource areas, and no vehicle refueling, equipment lubrication, or maintenance is to be done within 100 feet of a resource area 242-1504,140 academy ooc.doe 10 NACC 8/31/2011 DEP FILE #242 - 1504 AFTER CONSTRUCTION , is 77. 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. 78. 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 and Maintenance Plan and Long Term Pollution Prevention 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 Stormwater Operation& Maintenance responsibilities of the stormwater management k systems in accordance with the approved Operation and Maintenance Plan and Long Term Pollution Prevention Plan and other perpetual conditions mandated in this Order. 79. Fertilizers utilized for landscaping and lawn care shall be slow release,low-nitrogen types (< 5%), and shall not be used within 25 feet of a resource area. Pesticides and herbicides shall not be used within 100 feet of a wetland resource area. This condition shall survive this Order of Conditions and shall run with the title of the property. This condition is issued under the authority of the Town's Wetland Protection ByLaw and shall remain in 3 perpetuity. , 80. Upon completion of construction and grading, all disturbed areas located outside resource areas shall be stabilized permanently against erosion. This shall be done by f loaming and seeding according to NRCS standards. Stabilization will be considered '` complete once full vegetative cover has been achieved. 81. Upon approved site stabilization by Conservation staff, the erosion controls shall be removed and properly disposed of and all exposed unvegetated areas shall be seeded. 82. 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: 1 a. WPA Form 8A- "Request for a Certificate of Compliance." b. A letter from the applicant requesting a Certificate of Compliance. c. The name and address of the current landowner. d. Signed statements from the individual property owners shall be submitted with the request for a Certificate of Compliance indicating that they read and F` 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. 242-1504,140 academy ooc.doc 11 NACC 8/31/2011 i DEP FILE #242 - 1504 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. r' i. An"As-Built" plan prepared and signed and stamped by a Registered Professional Civil Engineer (and/or Registered Professional Land Surveyor) of the Commonwealth,for the public record. This plan will include: ➢ "As-Built" post-development elevations of all drainage &stormwater management structures constructed within 100 feet of any wetland resource area NOTE: If portions of the stormwater systems exist partially within the Buffer Zone than the entire structure must be depicted to accurately verify compliance. ➢ "As-Built" post-development elevations and grades of all filled or altered wetland resource areas including the encompassing buffer zone which is regulated as a resource area under the local Wetland Protection Bylaw. ➢ Distances from structures to wetland resource areas. Structures include (but are not limited to) septic systems, additions,fences, sheds, stone walls, pools, retaining walls, subsurface utilities and decks. ➢ A line showing the limit of work and the extent of existing erosion control devices. "Work" includes any disturbance of soils or vegetation. ➢ Location of all subsurface utilities entering the property. 83. The following special conditions shall survive the issuance of a Certificate of Compliance (COC) for this project: ➢ Maintenance of all culverts, collections basins, traps, outlet structures, subsurface storage areas, and other elements of the drainage system, unless put into an easement to the Town of North Andover, in order to avoid blockages and siltation, which might cause failure of the system and/or detrimental impacts to on-site or off-site resource areas (Condition#60); ➢ All catch basins shall contain oil/gasoline traps and shall be maintained (Condition #66); ➢ Discharge or spillage of pollutants (Condition # 76); r` ➢ Prohibition of underground fuels (Condition#77); 242-1504,140 academy ooc.doc 12 NACC 8/31/2011 DEP FILE#242 - 1504 ➢ Limitations on the use of fertilizers, herbicides, and pesticides (Conditions #73); ➢ The approved "Long-Term Stormwater Operations and Maintenance Plan" shall be adhered to. No additional filings will be required to conduct maintenance of the above referenced system and plan (Condition#52). k E'- 242-1504,140 academy ooc.doc 13 NACC 8/31/2011 DEP FILE#242 - 1504 APPENDIX A-AFFIDAVIT on oath do hereby depose and state: (authorized agent applicant and/or current owner) (PLEASE CHECK AT LEAST ONE BLOCK) . Iamthe of (position with applicant) (applicant name or company name) the applicant upon whom Order of Conditions have been placed upon by (DEP or NACC number) the North Andover Conservation Commission. &/or 2. I am the of (position with owner) (owner name) the owner upon whose land Order of Conditions have been placed up by (DEP or NACC number) the North Andover Conservation Commission. 3. I hereby affirm and acknowledge that I have received said Order of Conditions and have read the same and understand each (DEP File#) and every condition which has been set forth in said Order of Conditions. 4. I hereby affirm and acknowledge that on this day of 19 I inspected said property together with any and all improvements which have been made to the same and hereby certify that each and every condition set forth in Order of Conditions are presently in compliance. (DEP File#) 5. I hereby affirm and acknowledge that this document will be relied upon by the North Andover Conservation Commission as well as any potential buyers of said property which is subject to said Order of Conditions (DEP File#) (' Signed under the pains and penalties of perjury this day of 19 (Signature-authorized agent of applicant or owner) 242-1504,140 academy ooc.doc 14 NACC 8/31/2011 1 NORTh Ot 4���o y 14• - ! ti f • ;:III EA 14 ; E• �,, Town of North Andover SS"c""Stt Office of the Planning Department Community Development and Services Division P(978)688-9535 1600 Osgood Street F(978)688-9542 Building 20, Suite 2-36 North Andover,Massachusetts 01845 TO: /bum PG��if)rx 1,c(VP FAX: FROM: Jean Enright, Planning Assistant FAX: 978-688-9542 PHONE: 978-688-9535 Please sign your name and fill in address of premises affected, fill in current date, return same to fax 978-688-9542. Thank you. Special Permit "REQUEST FOR A CONTINUANCE" NAME: / ) b/I/1 Pa 7�'1 r we/e ADDRESS OF PREMISES AFFECTED: `4/0 7cad y 16 ad /S- JAI/eh 5). PHONE NUMBER: AREA CODE: ( ) "I WISH TO REQUEST A CONTINUANCE UNTIL 1 / 30 /// , THEREFORE WAIVE THE TIME CONSTRAINTS FOR ISSUING OF ANY AND/ALL DECISIONS RELATIVE TO ANY/AND ALL PERMITS OF THE PLANNING BOARD FOR THE TOWN OF NORTH ANDOVER, MA." SIGNED BY PETITIONER OR REPRESENTATIVE: w‘ a Mr (SIGNATUA :) DATE: Sill-e, 11/, dZDi/ (FILL IN CURRENT DATE) BOARD OF APPEALS 688-9541 BUILDING 688-9545 CONSERVATION 688-9530 HEALTH 688-9540 PLANNING 688-9535