HomeMy WebLinkAboutMiscellaneous - 171 BRENTWOOD CIRCLE i •
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Massachusetts Department of Environmental Protection
Bureau of Resource Protection - Wetlands DEP File Number:
242-1569
WPA Form 8B ertifiate of Compliance
Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 Provided by DEP
A. Project Information
Important:
When filling out 1. This Certificate of Compliance is issued to:
forms on the
computer, use Rose Sandoval !
only the tab key Name t
to move your 171 Brentwood Circle
cursor-do not
use the return Mailing Address Is
key. North Andover MA 01845
City/Town State Zip Code
o (j 2. This Certificate of Compliance is issued for work regulated by a final Order of
Conditions issued to:
MI Rose Sandoval
Name
November 15, 2012 242-1569
Dated DEP File Number
3. The project site is located at:
171 Brentwood Circle North Andover
Street Address City/Town
Map 64 Parcel 42
Assessors Map/Plat Number Parcel/Lot Number
the final Order of Condition was recorded at the Registry of Deeds for:
' Rose Sandoval
Property Owner(if different)
Essex Northern 13254 313
County Book Page
Certificate
4. A site inspection was made in the presence of the applicant, or the applicant's agent,
on:
1/13/15
Date
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wpafrm8b.doc•rev.5/29/14 WPA Form 8B,Certificate of Compliance•Page 1 of 3
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Massachusetts Department of Environmental Protection
Bureau of Resource Protection -Wetlands DEP File Number:
WPA Form 8B — Certificate of Compliance 242-1569
Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 Provided by DEP
B. Certification
Check all that apply:
® Complete Certification: It is hereby certified that the work regulated by the
above-referenced Order of Conditions has been satisfactorily completed.
❑ Partial Certification: It is hereby certified that only the following portions of work
regulated by the above-referenced Order of Conditions have been satisfactorily
completed.The project areas or work subject to this partial certification that have
been completed and are released from this Order are:
❑ Invalid Order of Conditions: It is hereby certified that the work regulated by the
above-referenced Order of Conditions never commenced. The Order of
Conditions has lapsed and is therefore no longer valid. No future work subject to
regulation under the Wetlands Protection Act may commence without filing a new
Notice of Intent and receiving a new Order of Conditions.
Ongoing Conditions: The following conditions of the Order shall continue:
(Include any conditions contained in the Final Order, such as maintenance or
monitoring that should continue for a longer period).
Condition Numbers:
72
C. Authorization
Issued by:
North Andover I t 4 I
Conservation Commission Da e of I uance
This Certificate must be signed by a majority of the Conservation Commission and a
copy sent to the applicant and appropriate DEP Regional Office (See
http://www.mass.gov/eea/agencies/massdep/about/contacts/find-the-massdep-
regional-office-for-your-city-or-town.html).
Sittnatures:
)4.
wpafrm8b.doc•rev.5/29/14 WPA Form 8B,Certificate of Compliance•Page 2 of 3
{
Massachusetts Department of Environmental Protection
Bureau of Resource Protection -Wetlands DEP File Number:
WPA Form 8B — Certificate of Compliance 242-1569
Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 Provided by DEP
D. Recording Confirmation
The applicant is responsible for ensuring that this Certificate of Compliance is recorded in
the Registry of Deeds or the Land Court for the district in which the land is located.
Detach on dotted line and submit to the Conservation Commission.
To:
North Andover
Conservation Commission
Please be advised that the Certificate of Compliance for the project at:
171 Brentwood Circle 242-1569
Project Location DEP File Number
Has been recorded at the Registry of Deeds of
Essex Northern
County
for:
Rose Sandoval
Property Owner
and has been noted in the chain of title of the affected property on:
Date Book Page
If recorded land, the instrument number which identifies this transaction is:
If registered land, the document number which identifies this transaction is:
Document Number
Signature of Applicant
wpafrm8b.doc•rev.5/29/14 WPA Form 8B,Certificate of Compliance•Page 3 of 3
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• RECEIVED
TI "!" ''' Sr'.:,—r
°t<•�•° �`�" Town of North Andover
2012 NOV 2 I APB IC 32
Office of the Planning Department
TiO'itiii 0i:
•I 6> _ ,a• * Community Development and Services Divis'
S
H ANDOVER
SACMUStt 1600 Osgood Street MASSACHUSETTS
North Andover,Massachusetts 01845
NOTICE OF DECISION This is to certify that twenty(20)days
have elapsed from date of decision,filed
without filing Daof te art 5V.
Any appeal shall be filed Date NOV� d/3
within (20) days after the redehaw
date of filing this notice in
the office of the Town Clerk.
Date: November 20,2012
Date of Hearings: October 16 2012,
November 20, 2012,
Date of Decision: November 20,
2012
Petition of Rose Sandoval,171 Brentwood Circle,North Andover,MA 01845
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Premises Affected: 171 Brentwood Circle,North Andover,Massachusetts,01845.
Assessor's Map 64,Parcel 42 and located in the Residential 1 Zoning District.
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Referring to the above petition for a Watershed Special Permit from the requirements of the North Andover
Zoning Bylaw, Sections 4.136.3.c.ii.6& 10.3.
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So as to allow the installation of an inground swimming pool, a concrete deck and patio and associated
grading and utilities within 100 feet of a wetland in the Non-Disturbance Zone and the Non-Discharge
Zone of the Watershed Protection District.
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After a Public Hearing given on the above date, the Planning Board voted to APPROVE a Watershed
Special Permit for the Watershed Protection District,based upon the following conditions:
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ii/7140\ _/
arming Board
j ohn Simons
i
f
Richard Rowen
Michael Colantoni
3
Lynne Rudnicki
Lora Mc Sherry
1 Dave Kellogg
A True Copy,
Town Clerk
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171 Brentwood Circle Map 64 Lot 42
Watershed Special Permit—Construction of Inground Pool&Patio
November 20,2012
The public hearing on the above referenced application was opened on October 16, 2012 closed by the
North Andover Planning Board on November 20,2012.
On November 20, 2012, upon a motion made by D. Kellogg and seconded by R. Rowen to GRANT a
Watershed Special Permit for the installation of an inground swimming pool, a concrete deck and patio
and associated grading and utilities within 100 feet of a wetland in the Non-Disturbance Zone and the
Non-Discharge Zone of the Watershed Protection District under the requirements of Section 4.136.3.c.ii.6
& 10.3 of the North Andover Zoning Bylaw. This Special Permit was requested by Rose Sandoval, 171
Brentwood Circle, North Andover, MA 01845 on September 26, 2012. The applicant submitted a
complete application, which was noticed and reviewed in accordance with Section 10.52 of the Town of
North Andover Zoning Bylaw and MGL Chapter 40A, Section 9. The motion to approve was subject to
the FINDINGS OF FACTS and SPECIAL CONDITIONS set forth in this decision.
The Planning Board vote was unanimous. A special permit issued by the special permit granting
authority requires a vote of at least four members of a five-member board.
The applicant is hereby notified that should the applicant disagree with this decision, the applicant has the
right, under MGL Chapter 40A, Section 17, to appeal to this decision within twenty days after the date this
decision has been filed with the Town Clerk.
In accordance with 4.136 the Planning Board makes the finding that the intent of the Bylaw, as well as its
specific criteria are met. This decision specifically stated by the Planning Board makes the following
FINDINGS OF FACT:
1) That as a result of the proposed construction in conjunction with other uses nearby,there will not be any
significant degradation of the quality or quantity of water in or entering Lake Cochichewick. The project
is located within an extremely environmental sensitive area and in close proximity to Lake
Cochichewick. The final design reflects extensive discussions between the Town and applicant to ensure
the continued protection of Lake Cochichewick and the safety and welfare of the residents of North
Andover.
a) The construction has been reviewed by Town Staff and the Town's consulting engineer, Lisa
Eggleston,and with the application of the erosion control measures and modifications to the drainage
and stormwater management designs, the consultant concluded that there will not be significant
degradation to the quality or quantity of water in or entering Lake Cochichewick. The site drainage
system and storm water management design are designed in accordance with the Town Bylaw
requirements and Best Engineering and Management Practices. The plan has been reviewed by
the outside consulting engineer, Lisa Eggleston, as evidenced by a letters dated October 16, 2012
and October 24, 2012 and email correspondence from Norse Environmental Services dated October
23 2012. Further, adequate safeguards have been provided to mitigate pollutants from entering
Lake Cochichewick through the installation/implementation of the following Best Management
Practices relative to an inground pool and pool deck:
i) The new project will create approximately 2,100 sq. ft. of new impervious area that will
include the pool and the pool deck. All stormwater runoff will be routed to an infiltration
trench that surrounds the pool and the pool deck and the trench has the capacity to store and
infiltrate all stormwater runoff.
ii) Best Management Practices (BMP) will be followed with regard to maintenance of the pool,
as stated in the document titled"Swimming Pool Maintenance Requirements, 171 Brentwood
Circle, North Andover, MA, dated October 19, 2012, provided by JM Associates, North
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171 Brentwood Circle Map 64 Lot 42
Watershed Special Permit—Construction of Inground Pool&Patio
November 20,2012
Reading, MA."These BMPs includes maintenance of the infiltration trench, proper storage of
chemicals and de-chlorination of the pool water before discharge. Discharge of pool water
into the town's stormwater management is strictly forbidden. The "Best Management
Practice"document referenced here will be noted in the deed.
iii) The limit of work has been marked on the plan to be as close to the proposed construction as
possible.No new lawn areas will be created.
iv) Fertilizers are limited to those which are either organic or slow-release nitrogen and
phosphorous-free. This restriction will be noted on the deed.
b) The existing lot complies with the current Zoning Bylaw with regard to frontage and acreage. The
lot was created before 1994 and is not subject to the Conservation Zone, as described in section
4.136.2.Table 1.
c) The existing structure is connected to the Town sewer and water systems.
2) There is no reasonable alternative location outside the General, Non-Disturbance, and the Non-
Discharge Zones for any discharge, structure or activity.
3) In addition, in accordance with Section 10.31 of the North Andover Zoning Bylaw, the Planning Board
makes the following FINDINGS OF FACT:
a) The specific site is an appropriate location for the proposed use as all feasible storm water and
erosion controls have been placed on the site;
b) The use will not adversely affect the neighborhood as the lot is located in a Residential 1 Zoning
District;
c) There will be no nuisance or serious hazard to vehicles or pedestrians;
d) Adequate and appropriate facilities are provided for the proper operation of the proposed use;
e) The Planning Board also makes a specific finding that the use is in harmony with the general purpose
and intent of the North Andover Zoning Bylaw.
Upon reaching the above findings,the Planning Board approves this Special Permit based upon the following
SPECIAL CONDITIONS:
1)Permit Definitions:
a) The"Locus"refers to the 57,800 sq. ft. parcel of land with frontage on Brentwood Circle as
shown on Assessors Map 64, Parcel 42, and also known as 171 Brentwood Circle,North
Andover,Massachusetts.
b) The"Plans"refer to the plans prepared by JM Associates, 325 Main Street,North Reading,MA
01864, entitled Proposed Swimming Pool 171 Brentwood Circle North Andover, MA 01845.
c) The"Project"or"171 Brentwood Circle"refers to installation of an inground swimming pool,a
concrete deck and patio and associated grading and utilities within 100 feet of a wetland in the
Non-Disturbance Zone and the Non-Discharge Zone of the Watershed Protection District
d) The"Applicant"refers to Rose Sandoval,the applicant for the Watershed Special Permit.
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.
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171 Brentwood Circle Map 64 Lot 42
• Watershed Special Permit—Construction of Inground Pool&Patio
November 20,2012
2) The Town Planner shall approve any changes made to these plans. Any changes deemed substantial
by the Town Planner would require a public hearing and modification by the Planning Board.
3) Prior to the endorsement of the Plan
a) The applicant shall incorporate the following conditions as a deed restriction and a copy of the
recorded deed shall be submitted to the Town Planner and included in the file.
i) Fertilizers are limited to those which are either organic or slow-release nitrogen and
phosphorous-free.
b) The applicant will provide copies of all Decisions, Notification and Orders of Conditions from
the North Andover Conservation Commission.
4) Prior to the start of construction or the issuance of a building permit:
a) A performance guarantee bond of four thousand dollars ($4,000.00) made out to the Town of
North Andover must be posted to insure that the construction, erosion control, measures, and
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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 and Conservation Department staff The Monitor
shall submit weekly reports during the entire duration of the project and must be available upon
four (4) hours notice to inspect the site with the Planning Board staff. The Planning Staff may
reduce the frequency of reports upon review of such a request from the applicant.
c) All erosion control measures as shown on the plan must be in place and reviewed by the Town
Planner and Conservation Department.
d) A pre-construction meeting must be held with the developer,their construction employees, Planning
Department and Conservation Department (and other applicable departments) to discuss scheduling
of inspections to be conducted on the project and the construction schedule.
e) No new landscape or lawn areas are to be created. Fertilizers are limited to those which are either
organic or slow-release nitrogen and phosphorous-free.
5) Prior to release of the Performance Bond:
a) 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 and
must be provided in paper form as well as in SDF (Standard Digital File) format. The applicant
must also submit a letter from the architect and engineer of the project stating that the building,
landscaping, lighting and site layout substantially comply with the plans referenced at the end of this
decision as endorsed by the Planning Board. This as-built plan shall be submitted to the Town
Planner for approval.
b) The Planning Board must by a majority vote make a finding that the site is in conformance with the
approved plan. >
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171 Brentwood Circle Map 64 Lot 42
Watershed Special Permit—Construction of Inground Pool&Patio
November 20,2012
5) No open burning shall be done except as is permitted during burning season under the Fire Department
regulations.
6) The Contractor shall contact Dig Safe at least 72 hours prior to commencing excavation.
7) The provisions of this conditional approval shall apply to and be binding upon the applicant, it's
employees and all successors and assigns in interest or control.
8) This Special Permit approval shall be deemed to have lapsed November 20, 2014(two years from the
date of issuance) exclusive of the time required to pursue or await determination of any appeals,
unless substantial use or construction has commenced within said two-year period. Substantial use or
construction will be determined by a majority vote of the Planning Board.
9) This decision must be filed with the North Essex Registry of Deeds. The following information is
included as part of this decision:
Plan titled: "Proposed Swimming Pool 171 Brentwood Circle North Andover,MA 01845
Prepared for: Rose Sandoval
171 Brentwood Circle
North Andover,MA 01845
Prepared by: JM Associates
325 Main Street
North Reading,MA 01864
Scale: 1"=40'
Date: September 25,2012,revised, October 11, 2012 and October 22, 2012.
Sheets: 1
Plan Titles: Swimming Pool Maintenance Requirements
Prepared for: Rose Sandoval
Prepared by: JM Associates
Date: October 19,2012
cc: Director of Public Works
Building Inspector
Conservation Administrator
Planning Board
Police Chief
Fire Chief
Applicant
Engineer
File
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Massachusetts Department of Environmental Protection Provided by MassDEP:
Bureau MassDEP File#:242-1569
WPA Form of 5 Resource-Order Protection of Conditions eDEP Transaction#:515360
` Massachusetts Wetlands Protection Act M.G.L.c. 131,§40
City/Town:NORTH ANDOVER
A. General Information
1.Conservation Commission NORTH ANDOVER
2. Issuance a. r OOC b.E Amended OOC
3.Applicant Details
a.First Name ROSE b.Last Name SANDOVAL
c.Organization
d.Mailing Address 171 BRENTWOOD CIRCLE
e.City/Town NORTH ANDOVER f.State MA g.Zip Code 01845
4.Property Owner
a.First Name ROSE b.Last Name SANDOVAL
c.Organization
d.Mailing Address 171 BRENTWOOD CIRCLE
e.City/Town NORTH ANDOVER f.State MA g.Zip Code 01845
5.Project Location
a.Street Address 171 BRENTWOOD CIRCLE
b.City/Town NORTH ANDOVER c.Zip Code 01845
d.Assessors Map/P1at# 64 e.Parcel/Lot# 42
f.Latitude 42.69044N g.Longitude 71.0833W
6.Property recorded at the Registry of Deed for:
a.County b.Certificate c.Book d.Page
NORTHERN ESSEX 12606 178
7.Dates
a.Date NOI Filed: 9/17/2012 b.Date Public Hearing Closed: 11/14/2012 c.Date Of Issuance: 11/15/2012
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:
PROPOSED M ASSOCIATES JOHN F.MCQUILKIN JR. 10-22-12 1"=40'
SWIMMING POOL P.E.
B. Findings
1.Findings pursuant to the Massachusetts Wetlands Protection Act
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I Massachusetts Department of Environmental Protection Provided by MassDEP:
~ Bureau of Resource Protection-Wetlands MassDEP File#:242-1569
WPA Form 5-Order of Conditions eDEP Transaction#:515360
3 (' Massachusetts Wetlands Protection Act M.G.L.c. 131, §40 City/Town:NORTH ANDOVER
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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:
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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
E §
2.Commission hereby finds the project,as proposed,is:
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.r 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 l
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). 1
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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
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Inland Resource Area Impacts:(For Approvals Only): l
Resource Area Proposed Permitted Proposed Permitted k
Alteration Alteration Replacement Replacement
4. r Bank
a.linear feet b.linear feet c.linear feet d.linear feet
5.r Bordering Vegetated Wetland
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a.square feet b.square feet c.square feet d.square feet
6. r Land under Waterbodies and Waterways
is
a.square feet b.square feet c.square feet d.square feet
P."
,
e.c/y dredged f.c/y dredged
7.r Bordering Land Subject to Flooding 1'
a.square feet b.square feet c.square feet d.square feet
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Massachusetts Department of Environmental Protection Provided by MassDEP:
Bureau of Resource Protection-Wetlands MassDEP File#:242-1569
WPA Form 5-Order of Conditions eDEP Transaction#:515360
ILIPNyi .:1 Massachusetts Wetlands Protection Act M.G.L.c. 131, §40 City/Town:NORTH ANDOVER
Cubic Feet Flood Storage
e.cubic feet f.cubic feet g.cubic feet h.cubic feet
8.r Isolated Land Subject to Flooding
a.square feet b.square feet
Cubic Feet Flood Storage
c.cubic feet d.cubic feet e.cubic feet f.cubic feet
9.r Riverfront Area
a.total sq.feet b.total sq.feet
Sq ft within 100 ft
c.square feet d.square feet e.square feet f.square feet
Sq ft between 100-200 ft
g.square feet h.square feet i.square feet j.square feet
Coastal Resource Area Impacts:
Resource Area Proposed Permitted Proposed Permitted
Alteration Alteration Replacement Replacement
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.c/y 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.c/y dredged d.c/y dredged
19.E Land Containing Shellfish
a square feet b.square feet c.square feet d.square feet
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Massachusetts Department of Environmental Protection Provided by MassDEP:
r- Bureau of Resource Protection-Wlands MassDEP File#:242-1569
WPA Form 5 -Order of Condetitions eDEP Transaction#:515360
City/I'own:NORTH ANDOVER
Massachusetts Wetlands Protection Act M.G.L.c. 131, §40
Indicate size under Coastal Banks,inland Bank,Land Under the
20.I—Fish Runs Ocean,and/or inland Land Under Waterbodies and Waterways,
above
c.c/y dredged d.c/y dredged
21.I—Land Subject to Coastal Storm Flowage
a.square feet b.square feet
22.
r Restoration/Enhancement(For Approvals Only)
If the project is for the purpose of restoring or enhancing a wetland resource area in addition to the square footage that has been
entered in Section B.5.c&d or B.17.c&d above,please entered the additional amount here.
a.square feet of BVW b.square feet of Salt Marsh
23.
I—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
xt 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 fmal until all administrative appeal periods from this Order have elapsed,or if such an appeal has been taken,
until all proceedings before the Department have been completed.
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,
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N 0 Massachusetts Department of Environmental Protection Provided by MassDEP:
Bureau of Resource Protection-Wetlands MassDEP File#:242-1569
1 WPA Form 5-Order of Conditions eDEP Transaction#:515360
Massachusetts Wetlands Protection Act M.G.L.c. 131, §40 CitylTown:NORTH ANDOVER
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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..
I 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"
l [or'MassDEP"]
' File Number:"242-1569"
;k 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. s
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. 1
15. The Agent or members of the Conservation Commission and the Department of Environmental Protection shall have the right to
enter and inspect the area subject to this Order at reasonable hours to evaluate compliance with the conditions stated in this
Order,and may require the submittal of any data deemed necessary by the Conservation Commission or Department for that
evaluation. t
T 16. This Order of Conditions shall apply to any successor in interest or successor in control of the property subject to this Order and
to any contractor or other person performing work conditioned by this Order.
17. Prior to the start of work,and if the project involves work adjacent to a Bordering Vegetated Wetland,the boundary of the
wetland in the vicinity of the proposed work area shall be marked by wooden stakes or flagging.Once in place,the wetland
boundary markers shall be maintained until a Certificate of Compliance has been issued by the Conservation Commission. P
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.
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NOTICE OF STORMWATER CONTROL AND MAINTENANCE REQUIREMENTS
19. The work associated with this Order(the"Project")is(1) 1- is not(2)F subject to the Massachusetts Stormwater Standards.
If the work is subject to Stormwater Standards,then the project is subject to the following conditions; Fi
, 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. i
b) No stormwater runoff may be discharged to the post-construction stomiwater 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 v
a date certain specified in the Certification.For any construction period BMPs intended to be converted to post construction
operation for stormwater attenuation,recharge,and/or treatment,the conversion is allowed by the MassDEP Stormwater
Handbook BMP specifications and that the BMP has been properly cleaned or prepared for post construction operation,
including removal of all construction period sediment trapped in inlet and outlet control structures;ii..as-built final construction i'
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 t'
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Provided by MassDEP:
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Massachusetts Department of Environmental Protection
Bureau of Resource Protection-Wetlands MassDEP File#:242-1569
WPA Form 5-Order of Conditions eDEP Transaction#:515360
Massachusetts Wetlands Protection Act M.G.L.c. 131,§40 Cityfl own:NORTH ANDOVER
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
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
Plan is complete and will be implemented upon receipt of the Certificate of Compliance,and ii.)the future responsible parties
shall be notified in writing of their ongoing legal responsibility to operate and maintain the stormwater management BMPs and
implement the Stormwater Pollution Prevention Plan.
d) Post-construction pollution prevention and source control shall be implemented in accordance with the long-term pollution
prevention plan section of the approved Stormwater Report and,if applicable,the Stormwater Pollution Prevention Plan
required by the National Pollutant Discharge Elimination System Multi-Sector General Permit.
e) Unless and until another party accepts responsibility,the landowner,or owner of any drainage easement,assumes
responsibility for maintaining each BMP.To overcome this presumption,the landowner of the property must submit to the
issuing authority a legally binding agreement of record,acceptable to the issuing authority,evidencing that another entity has
accepted responsibility for maintaining the BMP,and that the proposed responsible party shall be treated as a permittee for
purposes of implementing the requirements of Conditions 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 stonnwater 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 stonnwater management system or any part thereof,and disposal(for disposal the
log shall indicate the type of material and the disposal location);
2.Make the maintenance log available to MassDEP and the Conservation Commission("Commission")upon request;and
3.Allow members and agents of the MassDEP and the Commission to enter and inspect the site to evaluate and ensure
that the responsible party is in compliance with the requirements for each BMP established in the O&M Plan approved by
the issuing authority.
h) All sediment or other contaminants removed from stormwater BMPs shall be disposed of in accordance with all applicable
federal,state,and local laws and regulations.
) 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.
Special Conditions:
SEE ATTACHED.
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Massachusetts Department of Environmental Protection Provided by MassDEP:
Bureau of Resource Protection-Wetlands MassDEP File#:242-1569
WPA Form 5-Order of Conditions
eDEP Transaction#:515360
Massachusetts Wetlands Protection Act M.G.L.c. 131, §40 CityfFown:NORTH ANDOVER
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Massachusetts Department of Environmental Protection Provided by MassDEP:
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l — Bureau of Resource Protection-Wetlands MassDEP File#:242-1569
eDEP Transaction#:515360 j
i WPA Form:Tetlan Order of onditions i 2 City/Town:NORTH ANDOVER
Massachusetts ds Protection Act MGL.c. 131,§40
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D. Findings Under Municipal Wetlands Bylaw or Ordinance
j I
" 1. Is a municipal wetlands bylaw or ordinance applicable?F Yes r No 1
2. The Conservation Commission hereby(check one that applies): s
a. IT DENIES the proposed work which cannot be conditioned to
meet the standards set forth in a municipal ordinance or bylaw I
specifically:
1.Municipal Ordinance or Bylaw 2.Citation
1
Therefore,work on this project may not go forward unless and until a revised Notice of Intent is submitted which provides
measures which are adequate to meet these standards,and a final Order or Conditions is issued.Which are necessary to
comply with a municipal ordinance or bylaw: 1
1
b. F APPROVES the proposed work,subject to the following
additional conditions.
NORTH ANDOVER
'' 1.Municipal Ordinance or Bylaw WETLANDS
PROTECTION 2.Citation CHAPTER 178
BYLAW o
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 i
proposals submitted with the Notice of Intent,the conditions shall control.
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The special conditions relating to municipal ordinance or bylaw are as follows:
SEE ATTACHED.
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0 Massachusetts Department of Environmental Protection Provided by MassDEP:
Bureau of Resource Protection-Wetlands MassDEP File#:242-1569
i eDEP Transaction#:515360
WPA Form 5-Order of Conditions
Massachusetts Wetlands Protection Act M.G.L.c. 131,§40 Ci y1fown:NORTH ANDOVER
1
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E. Signatures c
This Order is valid for three years from the date of issuance,unless otherwise specified I I -I S "- f
pursuant to General Condition#4.If this is an Amended Order of Conditions,the Amended 1.Date of Ori final 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
i a majority of the Conservation Commission. 2.Number of Signers
The Order must be mailed by certified mail(return receipt requested)or hand delivered to the applicant.A copy also must be mailed
or hand delivered at the same time to the appropriate Department of Environmental Protection Regional Office,if not filing
electronically,and the property owner,if different from applicant
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Signatures:
i // A.�_ / �1 _AO
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E by hand delivery on 14y certified mail,return receipt requested,on
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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.
s
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.
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i 0 Massachusetts Department of Environmental Protection Provided by MassDEP:
j Bureau of Resource Protection-Wetlands MassDEP File#:242-1569
' WPA Form 5 -Order of Conditions eDEP Transaction#:515360
Massachusetts Wetlands Protection Act M.G.L.c. 131,§40 City/Town:NORTH ANDOVER
1
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G. Recording Information
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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 j
this page shall be submitted to the Conservation Commission listed below. 1
q
NORTH ANDOVER I
i Conservation Commission
Detach on dotted line,have stamped by the Registry of Deeds and submit to the Conservation Commission.
To:
NORTH ANDOVER 1
Conservation Commission
, Please be advised that the Order of Conditions for the Project at:
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171 BRENTWOOD CIRCLE 242-1569
,
Project Location MassDEP File Number
Has been recorded at the Registry of Deeds of:
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County Book Page
for. 1
Property Owner ROSE SANDOVAL
and has been noted in the chain of title of the affected property in:
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Book Page
In accordance with the Order of Conditions issued on:
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Date F
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If recorded land,the instrument number identifying this transaction is:
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Instrument Number
If registered land,the document number identifying this transaction is:
Document Number
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Signature of Applicant Rev.4/1/2010
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DEP FILE#242 - 1569
Therefore,the North Andover Conservation Commission(hereafter the "NACC")hereby finds
that the following conditions are necessary, in accordance with the Performance Standards set
forth in the State Regulations,the local ByLaw and Regulations,to protect those interests
noted above. The NACC orders that all work shall be performed in accordance with said
conditions and with the Notice of Intent referenced below. To the extent that the following
conditions modify or differ from the plans, specifications or other proposals submitted with
the Notice of Intent,the conditions shall control.
GENERAL CONDITIONS
Ed
20. The proposed work includes: The construction of an in-ground pool with cartridge
style (non-backwashing)filter,concrete deck/patio,chain link fence,utilities with
appurtenant site work and grading,portions of which are within 100 feet of a Bordering
Vegetated Wetland (BVW) and ephemeral pool/ephemeral pool habitat. After the fact
approval of an existing patio and retaining wall (constructed without a filing by a prior
owner) are included in this proposal.
21. The work shall conform to the following (except as noted in the remainder of this
document where revisions may be required):
F
Notice of Intent filed by Steven Eriksen
Norse Environmental
92 Middlesex Road,Unit 4
Tyngsboro, MA 01879
Property Owner: Rose Sandoval
171 Brentwood Circle
North Andover, MA 01845
Site Plans prepared by JM Associates
325 Main Street
North Reading, MA 01864
Title: Proposed Swimming Pool,171 Brentwood Circle,
North Andover, MA 01845
Dated: September 25,2012 Last Revised: 10/22/12
Signed and Stamped by John F. McQuilkin,Jr., P.E.
Wetland Delineation by Norse Environmental
March 2012
Other Record Documents: Swimming Pool Maintenance Requirements
Prepared by JM Associates
Date: October 19, 2012
242-1569, 171 Brentwood Circle OOC 1 NACC 11/15/2012
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1 DEP FILE#242- 1569
I 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 I
CMR 10.53(e).
32. The following wetland resource areas are affected by the proposed work: Buffer Zone to
Bordering Vegetated Wetland and Ephemeral Pool and Ephemeral Pool Habitat. These 1
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 I
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significance of these resource areas to the identified interests. 1
33. The NACC agrees with the applicant' s delineation of the wetland resource areas and
the associated buffer zone on the site as shown on the plans dated and referenced
f herein.
inds that the intensive use of the upland areas and buffer zone proposed on
34. The NACC f P
this site will cause further alteration of the wetland resource areas. In order to prevent
any alteration of wetland resource areas a fifty foot (50') No-Disturbance Zone and a
seventy-five foot (75') No-Construction Zone shall be established from the edge of the
adjacent wetland resource area except for existing structures shown on the herein
referenced plan. The Conservation Administrator and/or other agents of the NACC do
not have the authority to waive these setbacks as established under the local bylaw. No
u 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
3
specifications dealing with the work proposed and shall supersede any conflicting
contract requirements. The applicant shall assure that all contractors, subcontractors,
1 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.
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36. 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.
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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.
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1 242-1569,171 Brentwood Circle 00C 3 NACC 11/15/2012
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DEP FILE#242 - 1569 1
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of machinery,storage of machinery or materials, stockpiling of soil, or construction
activity is to occur beyond this line at any time
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44. Staked and trenched silt fence shall be placed between all construction areas and 1
1 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 1
NACC or its agent prior to the start of construction and shall remain intact until all i
disturbed areas have been permanently stabilized to prevent erosion. All erosion 1
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prevention and sedimentation protection measures found necessary during i
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 I
mitigate any impacts which could result from site erosion, or any noticeable
degradation of surface water quality discharging from the site For example, 1
installation of erosion control measures may be required in areas not shown on the 1
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plan(s) referenced in this Order of Conditions. Should such installation be required by I
the NACC, they shall be installed within 48 hours of the Commission' s request.
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45. The applicant shall have on hand at the start of any soil disturbance,removal or i
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stockpiling, a minimum of 25' of additional silt fence and stakes for staking. Extra 1
erosion controls shall be used only for the control of emergency erosion problems and I
shall not be used for the normal control of erosion. t
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46. A check payable to the Town of North Andover shall be provided in the amount of r
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$1,500 which shall be in all respects satisfactory to Town Counsel,Town Treasurer, and
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the NACC, and shall be posted with the North Andover Town Treasurer through the i
NACC before commencement of work. Said deposit of money shall be conditioned on i
the completion of all conditions hereof,shall be signed by a party or parties satisfactory i
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to the NACC,and Town Counsel, and shall be released after completion of the project, i
provided that provisions, satisfactory to the NACC, have been made for performance of I
any conditions which are of continuing nature. The applicant may propose a monetary I
release schedule keyed to completion of specific portions of the project for the NACC' s f
review and approval. This condition is issued under the authority of the local By Law. 1
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47. The applicant shall designate a Wetland Scientist (or other environmental professional i
as approved by the NACC or its agent) as an"Erosion Control Monitor" to oversee any t
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emergency placement of controls and regular inspection or replacement of
sedimentation control devices. The name and phone number of the erosion control i
monitor must be provided to the NACC in the event that this person has to be k
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contacted, due to an emergency at the site, during any 24-hour period,including !
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weekends. Proof of the retained monitor must be submitted to the Conservation t
Department on letterhead by the retained consulting firm. This person shall be given ,
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the authority to stop construction for erosion control purposes and the Environmental I
Professional will immediately notify the Conservation agent of any matter that requires
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attention by the Commission or the agent. The erosion control monitor will be required
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242-1569, 171 Brentwood Circle 00C 5 NACC 11/15/2012 t
DEPFILE#242 - 1569
terms and conditions. Thereafter, the contractor will be held jointly liable for any
violation of this Order of Conditions resulting from failure to comply with its
conditions. The applicant or contractor shall notify the NACC in writing of the identity
of the on-site construction supervisor hired to coordinate construction and to ensure
compliance with this Order. A reasonable period of time shall be provided as notice of
the pre-construction meeting(e.g. 72 hours).
STORMWATER MANAGEMENT CONDITIONS
52. There shall be no changes in post development conditions that alter the post
development watershed boundaries as currently depicted in the Notice of Intent and
approved by this Order of Conditions,unless specifically approved in writing by the
Commission.
53. Water quality in down gradient BVW' s shall not differ significantly following
completion of the project from the pre-development conditions. There shall be no
sedimentation into wetlands or water bodies from discharge pipes or surface runoff
leaving the site.
DURING CONSTRUCTION
54. Upon beginning work,the applicant shall submit written progress reports weekly (as
part of the erosion control monitoring report Condition#48 above) detailing what work
has been done in or near resource areas, and what work is anticipated to be done over
the next period. This will update the construction sequence.
55. De-watering activities are not anticipated as part of the proposed project. 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.
56. 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.
57. All exposed soil finish grade surfaces shall be immediately landscaped and stabilized,
or loamed, seeded and mulched,with a layer of mulch hay. All disturbed areas must be
graded,loamed and seeded prior to November 1st of each year. Outside of the growing
season,exposed soil finish grade surfaces shall be stabilized with a layer of mulch hay
until climate conditions allow for seeding. During construction, any area of exposed
soils that will be left idle for more than 30 days shall be stabilized with a layer of mulch
hay or other means approved by the NACC.
242-1569, 171 Brentwood Circle OOC 7
NACC 11/15/2012
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DEP FILE#242 - 1569
1 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
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condition is issued under the authority of the Town' s Wetland Protection ByLaw and
shall remain in perpetuity.
67. No backwashing is associated with the installed cartridge filtration. Draining of pool
3 water is not permitted directly into an area subject to jurisdiction of the Wetlands
Protection Act and/or the North Andover Wetland Bylaw. Pool maintenance shall be
done in accordance with the Swimming Pool Maintenance Requirements referenced in
the Record Documents herein. This condition shall survive the issuance of a Certificate
1 of Compliance.
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68. There shall be no dumping of leaves, grass clippings,brush, or other debris into a
wetland resource areas or the 50-foot No-Disturb Zone. This condition shall remain in
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perpetuity.
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69. Upon completion of construction and grading, all disturbed areas located outside
p resource areas shall be stabilized permanently against erosion. This shall be done by
'mining and seeding according to NRCS standards. Stabilization will be considered
complete once full vegetative cover has been achieved.
70. Upon approved site stabilization by Conservation staff, the erosion controls shall be
removed and properly disposed of and all exposed unvegetated areas shall be seeded.
i 71. Upon completion of the project the applicant shall submit the following to the
Conservation Commission as part of a request for a Certificate of Compliance:
, a. WPA Form 8A- "Request for a Certificate of Compliance."
b. A letter from the applicant requesting a Certificate of Compliance.
c. The name and address of the current landowner.
d. Signed statements from the individual property owners shall be submitted with the
request for a Certificate of Compliance indicating that they read and understood the
recorded Order of Conditions prior to purchasing their property.
e. The name and address of the individual/trust or corporation to whom the
compliance is to be granted.
f. The street address and assessor' s map/parcel number for the project.
g. The DEP file number.
h. A written statement from a Registered Professional Civil Engineer (and/or
Registered Professional Land Surveyor) of the Commonwealth certifying that the
work has been conducted as shown on the plan(s) and documents referenced above,
and as conditioned by the Commission.
i. An"As-Built" plan prepared and signed and stamped by a Registered Professional
Civil Engineer (and/or Registered Professional Land Surveyor) of the
Commonwealth,for the public record. This plan will include:
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2424569, 171 Brentwood Circle OOC 9 NACC 11/15/2012
DEP FILE#242 - 1569
APPENDIX A-AFFIDAVIT
on oath do hereby depose and state:
(authorized agent applicant and/or current owner)
(PLEASE CHECK AT LEAST ONE BLOCK)
1. 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.
(
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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)
242-1569, 171 Brentwood Circle OOC 11 NACC 11/15/2012
Print Form
0`,�Y,eo ,,6'.40
? :° RECEIVED
1:17.::::,,:,::.4�®,6 % TO'WH CLERK'S OFFICE
1
x ;t ' '' 2012 SEP 26 AM 10: I I
9 ,...j. 4`
PLANNING DEPARTMENT NORTH ANDOVER g
Community Development Division MASSACHUSETTS
S s ecial Permit — Watershed Permit A s 1 lication
Please type or print clearly.
1. Petitioner: Norse Environmental Services-Steven Eriksen i'
Petitioner's Address: 92 Middlesex Road - Unit 4, Tyngsboro, Ma 01879
Telephone number: (978)649-9932
2.Owners of the Land:
Rose Sandoval
Address: 171 Brentwood Circle
Number of years of ownership: (1)year
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3.Year lot was created: 1963
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4. Is the lot currently on septic or sewer?
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If on sewer,please provide date the sewer connection was
completed: Sewer-connected on September 15, 1995.
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5. Description of Proposed Project:
The petitioner is proposing to install an inground swimming pool, concrete deck/patio, chain link
fence, associated grading and utilities within 100 ft of a Bordering Vegetated Wetland.
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6.Description of Premises: Existing single family dwelling, driveway and patio. t
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7.Address of Property Being Affected: 171 Brentwood Circle
Zoning District: R1- t
Assessors Map: Map 64 Lot#: Lot 42
Registry of Deeds: Book#: 12606 Page#: 178
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8. Existing Lot: (-
Lot Area(Sq.Ft): 57,800 s.f. Building Height: 30 ft+/-(2 Stories)
Street Frontage: 155 ft Side Setbacks: 27 ft
Front Setback:83 ft Rear Setback:211 ft P
Floor Area Ratio: N/A Lot Coverage: N/A F
P
9.Proposed Lot(if applicable):
Lot Area(Sq. Ft): Building Height:
Street Frontage: Side Setbacks:
Page 1 of 2 r
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 8/6/07
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Front Setback: Rear Setback:
Floor Area Ratio: Lot Coverage:
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10. Required Lot(as required by Zoning Bylaw):
Lot Area(Sq. Ft): 87,120 s.f. Building Height: 35 ft
Street Frontage: 175 ft Side Setbacks: 30 ft
Front Setback: 30 ft Rear Setback: 30 ft
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Floor Area Ratio: N/A Lot Coverage: N/A
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11. Existing Building(if applicable):
Ground Floor(Sq.Ft.): 2080 s.f. #of Floors: 2 Floors
Total Sq. Ft.: 6130 s.f. Height: 30 ft+/-
Use: Single Family Dwelling Type of Construction: Colonial
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12. Proposed Building:
Ground Floor(Sq.Ft.): #of Floors:
Total Sq. Ft. Height:
Use Type of Construction:
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13.Has there been a previous application for a Special Permit from the Planning Board on these
premises? unkown If so,when and for what type of construction?
14.Section of Zoning Bylaw that Special Permit Is Being
Requested 4.136 Watershed Protection Division
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15. Petitioner and Landowner signature(s):
Every application for a Special Permit shall be made on this form, which is the official form of the
Planning Board. Every application shall be filed with the Town Clerk's office. It shall be the
responsibility of the petitioner to 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 Re!. . io`. may result in a dismissal by the Planning Board of this
application as incomplete.
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Petitioner's Signature: __,
Print or type name here Steven Eriksen
Owner's Signature: t/ is P
Print or type name here: Rose P. Sandoval
16. Please list title of plans and documents you will be attaching to this application. (
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Proposed Swimming Pool- 171 Brentwood Circle-Prepared By JM Associates dated 9/25/12
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Page2of2 1
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 8/6/07
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Abutter to Abutter
( ) Building Dept. ( ) Conservation ( X ) Zoning ( )
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Town of North Andover t
Abutters Listing t
For Site Plan Review
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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 t
three hundred(300)feet of the property line of the petitioner as they appear on the most recent applicable f
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."
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Subject Property: t
MAP PARCEL's Name Address
64 3 8 42 Rose Sandoval 171 Brentwood Circle,North Andover,MA 01845 i hi4°'3 '-''''Pct(---�r .I
Abutters Properties
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Map Parcel's Name Address (
64 2 Connie Yee 137 Brentwood Circle,North Andover,MA 01845
64 6 North Andover Country Club P.O.Box 99,North Andover,MA 01845 r'
64 9 Town of North Andover 120 Main Street,North Andover,MA 01845 t
64 37 Alden Lincoln 135 Brentwood Circle,North Andover,MA 01845 r;
64 38 David Fournier 15 Timber Lane,North Andover,MA 01845
64 39 30 Timber Lane Realty Trust 30 Timber Lane,North Andover,MA 01845 t
. 64 40 William Duffy,Jr. 22 Timber Lane,North Andover,MA 01845 £,
64 41 Edward Brown 6 Timber Lane,North Andover,MA 01845 t,
64 43 Robert Kohalimi 191 Brentwood Circle,North Andover,MA 01845
t.
64 44 Timothy Galvin 205 Brentwood Circle,North Andover,MA 01845
64 45 Lazzaro Modigliani 217 Brentwood Circle,North Andover,MA 01845
64 54 Barbara Cataudella 200 Brentwood Circle,North Andover,MA 01845 t'
64 55 Robert Peterson 178 Brentwood Circle,North Andover,MA 01845
64 56 Daniel Carroll 150 Brentwood Circle,North Andover,MA 01845 t
64 57 Barbara James 132 Brentwood Circle,North Andover,MA 01845
64 72 David Kealler 257 Bridle Path,North Andover,MA 01845 t't
64 74 Denise Grasso 245 Bridle Path,North Andover,MA 01845
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This certifies that the names appearing on the i
records Hof the Assess/�� • e as of
' Certified by: I T%'ate 9®20/2— .
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JM ASSOCIATES
Civil Engineers-Land Surveyors-GPS
325 Main St.
North Reading, Ma. 01864 t
Tel. 978-664-6668 Fax 978-664-8155 l°
www.imassociateseng.corn
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Sept. 25, 2012 1'
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Infiltration Calculations t
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Prepared For
Rose Sandoval v
171 Brentwood Circle
North Andover, Ma 01845
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SOIL TYPE
a
Charleton Hydrologic Group B 8.7%
Sutton Hydrologic Group B 91.3% I'
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INFILTRATION VOLUME REQUIRED Vr
C soils require .35 inches X impervious area 1
Total additional impervious area=pool deck and pool = 1,780 SF
Vr=( .35 inches/ 12 inches per foot) X 1,780 SF = 51.9 cubic feet required(cf)
INFILTRATION VOLUME PROVIDED Vp
Volume of trench= 1.5' X 1' X 132' = 198 cf
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Porosity of stone=35%
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Volume of voids =Vp = 198 X .35 = 69.3 cubic feet provided 1',
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69.3 cf >51.9 cf OK
o■OF ss
JOHN F. N .
WOMAN Jr.
v cMl cci�
NO.31262
Q 1 Ap pF�FGISTE�`0��41
FSSIONAI.
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s i ))) NORSE ENVIRONMENTAL SERVICES, INC.
„;,iii:'irti 11'
92 Middlesex Road, Unit 4
Tyngsboro, MA 01879
TEL. (978) 649-9932 • FAX(978) 649-7582
Website: www.norseenvironmental.com
September 26, 2012
North Andover Planning Board
1600 Osgood Street, Bldg 20, Suite 2-36
North Andover, Ma 01845
Re: Watershed Special Permit Application 1
171 Brentwood Circle
North Andover, Ma 01845
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Planning Board Members: t
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The following written summary is prepared on behalf of the owner/applicant, Rose
Sandoval, in support of constructing an inground swimming pool, patio, waterfall, chain
link fence, landscaping, grading and utilities within 100 foot"Non-Disturbance" Zone as
defined under the Watershed District Bylaw. The property is located within the General
Zone of the Watershed Protection District and the lot was created in 1963.
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The following items as outlined in the Watershed Special Permit requirements are listed
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below(responses to required items are in italic);
1. Encouraging the most appropriate use of land: t;
This site is zoned residential with an existing single family dwelling. The
proposal is for an accessory to the single family dwelling.
2. Preventing overcrowding of land:
The proposed swimming pool construction has a footprint area that will only
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cover 3.1%of the lot area.
3. Conserving the value of land and buildings: k
The swimming pool is proposed within an existing area of lawn. The proponent is
proposing to remove (5) trees for the installation of the swimming pool. Every
effort has been made to conserve the value of the land. F;
4. Lessening congestion of traffic:
This project will not impact traffic congestion since this is a single family
dwelling accessory use project. e
5. Preventing undue concentration of population:
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This project is a single family dwelling accessory use which is consistent with
surrounding properties and as such will not have a measurable impact on
population.
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6. Providing adequate light and air:
There will be no adverse impact to current background air and light levels. 1
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7. Reducing the hazards from fire and other danger:
There will be no increase in hazard levels from fire or other dangers. The
proposed swimming pool structure will meet Building Code requirements.
8. Assisting in the economical provisions of transportation, water, sewerage, schools,
parks, and other public facilities: 1?
This project will not impact the above noted public facilities and/or utilities.
There will not be a negative impact to the economics of any public utility.
9. Controlling the use of bodies of water, including watercourses:
This project does not directly abut Lake Cochichewick and will not have a
negative impact on present uses of the Lake or tributaries thereto. t.
10. Reducing the probability of losses resulting from floods:
This property is not located within a designated Flood Plain as shown as the I
latest FIRM maps. The proposed swimming pool construction will utilize
drainage mitigation to collect & recharge stormwater runoff back to the
groundwater table. There will be no increase of stormwater runoff from this site
There will be no increase in flooding probability due to the installation of the
swimming pool.
11. Reserving and increasing the amenities of the Town:
This project will increase the amenities of the Town through an improvement to
the property and additional tax revenue due to the new construction assessment.
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The Planning Board, in reviewing this application, will note that all threshold r
requirements for granting the Special Permit are met and/or exceeded.
Further written documentation is provided below (responses to required items are in >"
italics)
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1. Written certification by a Registered Professional Engineer, or other scientist educated
in and possessing extensive experience in the science of hydrology and hydrogeology,
stating that there will not be any significant degradation of the quality or quantity or
water in or entering Lake Cochichewick. I
1) No pesticides,fungicides, chemicals, or non-organic fertilizers will be used in
lawn care or maintenance.
2) Siltation controls are proposed at the limit of work during construction and until
the site is final stabilized by landscaped means to protect the lake and
surrounding properties from any potential runoff impacts. L
3) Stormwater mitigation has been provided to account for all impervious areas.
Runoff associated with impervious surface will be conveyed to an infiltration
trench that surrounds the perimeter of proposed swimming pool.
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4) The proposed swimming pool will not increase the nitrogen levels over the
existing background levels at the property.
5) This site does not directly abut the lake. The existing natural wooded buffer will
be maintained except for the removal of(5) trees for the construction and
installation of the swimming pool.
6) Carefully planning went into the pool location to limit site grading changes and
to match the existing topography. By limiting the grading changes onsite,
existing drainage watercourses will continue to function as in the undeveloped
state.
2. Proof that there is no reasonable alternative location outside the Non-Disturbance
and/or Non-Discharge Buffer Zones, whichever is applicable, for any discharge,
structure, or activity, associated with the proposed use to occur.
The petitioner cannot site the proposed swimming pool outside the "Non-
Disturbance and/or Non-Discharge Buffer Zone. The pool maybe able to shift to
the east by approximately 10 ft however the pool will still encroach within
portions of the No Disturbance and/or Non-Discharge Buffer Zone.
Approximately %2 of the proposed work is located within the Non-Disturbance
Zone.
3. Evidence of approval by Mass DEP of any industrial waste water treatment or
disposal system or any waste water treatment of system 15,000 GPD capacity.
This item does not apply to this site
4. Evidence that all on-site operations including, but not limited to, construction, water
disposal, fertilizer applications, and septic systems will not create concentrations of
Nitrogen in groundwater, greater than the federal limit at the downgradient property
boundary.
The on-site operations including, but not limited to, construction, water disposal,
fertilizer applications, and septic systems will not create concentrations of Nitrogen in
groundwater, greater than the federal limit at the downgradient property boundary.
The proposed swimming pool will be designed with a cartridge filter and
therefore a backwash is not required as it is a closed system. A deed restriction
only allowing organic or slow-release nitrogen,phosphorus free product for
fertilizer use will insure that background nitrogen levels in the groundwater table
will not be increased
5. Projections of downgradient concentrations of nitrogen,phosphorus, and other
relevant chemicals at property boundaries and other locations deemed pertinent by the
SPGA.
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There will be no downgradient concentration of the above referenced chemicals
as outlined in the response to Item 4 above.
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If you should have any questions or require additional information please feel free to
contact me.
Very Truly'Yours;1
7.
Steven Eriksen
Cc: Rose Scandoval
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dCi COQ Ofd 4 R A N @t]0' A L
I NORSE ENVIRONMENTAL SERVICES, INC.
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Middlesex Road, Suite sr y
Tyngsboro,Mass. 01879 DATE 7 I996 I/ I JOB NO
TEL. (978)649-9932 • FAX(978)649-7582 ATTENTIOIr ��/ C'e
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TO /�O. An d o,�e,e nl � ic
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WE ARE SENDING YOU ❑Attached ❑ Under separate cover via the following items:
❑ Shop drawings ❑ Prints ❑ Plans ❑ Samples ❑ Specifications
❑ Copy of letter ❑ Change order ❑
COPIES DATE NO. DESCRIPTION
/ Norse )e c da.kd 9=09 1,-/�, Wa-�rshed Pei-mil-
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ph'64 hdi-7 r, h l-Pecs 1,/,c7 7'A-4 Aas e6J 4 ,S
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THESE ARE TRANSMITTED as checked below:
❑ For approval ❑ Approved as submitted ❑ Resubmit copies for approval
❑ For your use ❑ Approved as noted ❑ Submit copies for distrubution
— ❑ As requested ❑ Returned for corrections ❑ Return corrected prints
❑ For review and comment ❑
El
BIDS DUE 19 ❑ PRINTS RETURNED AFTER LOAN TO US if
REMARKS
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COPY TO
SIGNED: