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HomeMy WebLinkAboutMiscellaneous - 107 CAMPION ROAD (2) I . � ` ` - Town of North Andover ZONING BOARD OF APPEALS _Abert R Manzi Ill,Esq.Cl nr arve Ellen P.McIntyre,I icr-C iar® °E �0 pr�,�,� Richard)_Byrn,Esc}C.( 3tr +�:+_ ` °t s` D_Paul Koch Jr. _Alan Cu_ ta It 1 Arsocide llewlrrx #• Nlichael P.d ipon° 3 e 07„,s•-•e' Doug Ludgin 'SSACHI Deney Morgand►al Town Clerk Time Stamp z Any appeal shall be filed within(20) Notice of Decision days after the date of filing of this Year 2014 notice in the office of the Town Clerk, per Mass. Gen.L. ch.40A, §17 Property at: 0 Campion Hall(Map 62 Parcel 89)North Andover,MA 01845 NAME: Dimitrois Saragas HEARING(S): 13 May 2013 . ADDRESS: 0 Campion Road(Map 62,Parcel 89), PETITION: 2014-004 North Andover,MA 01845 The North Andover Board of Appeals held a public hearing at the Town Hall, at 120 Main Street, North Andover, ; MA on Tuesday, May 13, 2013 at 7:30 PM on the application of Dimitrois Saragas, for property located at 0 Campion Road (Map 62 Parcel 89), North Andover, MA 01845. Petitioner is requesting a Variance from the Zoning Board of Appeals for the R-1 Zoning District under Section 4.136, (Building and Uses Permitted) 3(c) (ii) (3) of the Watershed Protection District, in order to Construction a new Permanent Structure within the "Non- Disturbance Zone" allowed by Special Permit by the Planning Board only after a Variance has been granted by the r` Zoning Board of Appeals Legal notices were sent to all the certified abutters provided by the Town of North Andover,Assessors Office,and were published in the Eagle-Tribune,a newspaper of general circulation in the Town of North Andover,on April 29 2014 and May 6,2014. The following regular voting members were present: Albert P. Manzi III, Ellen P.McIntyre, Richard J. Byers, D. Paul Koch and Allan Cuscia. The following Associate Members were present Michael Liporto,and Doug 1 Ludgin. McIntyre made a motion to GRANT the Variance to allow Under Section 4.136, (Building and Uses Permitted) 3(c)(ii)(3)of the Watershed Protection District Bylaw, in order to Construct a new Permanent Structure within the "Non-Disturbance Zone" Koch second the motion to Grant the Variance t All those in favor to Grant the Variance: Albert P. Manzi III,Ellen P.McIntyre,Richard J.Byers,D.Paul Koch,and x` Allan Cuscia 5-0 s' The Board finds that owing to circumstances relating to soil conditions, shape, or topography of the land or structures and especially affecting such land or structures but not affecting generally the zoning district in general, a literal enforcement of the provisions of the Bylaw will involve substantial hardship, financial or otherwise, to the ` petitioner or applicant. The Board finds that desirable relief may be granted without substantial detriment to the public good and without nullifying or substantially derogating from the intent of the purpose of this bylaw. The Board also finds that this use, as developed by the building & site plans, is an appropriate location for such a use and will not adversely affect the neighborhood. There will be no nuisance or serious hazard to vehicles or pedestrians, since there are provisions for the required off-street parking. Adequate and appropriate facilities will be 1. provided for the proposed single family dwelling. The Board finds that this Variance granted by the Board of Appeals will not be substantially more detrimental to the neighborhood and that this use, is in harmony with the neighborhood and general purpose and intent of this Bylaw, and the Board finds the neighborhood association is in favor of the petition. r Page 1 of 2 4 46 Site 0 Campion Road (Map 62, Parcel 89), North Andover, MA 01845 Under Section 4.136, (Building and Uses Permitted) 3(c)(ii) (3) of the Watershed Protection District Bylaw, The Construction of a new Permanent Structure within the "Non-Disturbance Zone" is allowed by Special Permit by the Planning Board only after a Variance has been granted by the Zoning Board of Appeals.R-1 Zoning District. Plan(s)Title: 1)"Plan of Land"containing one(1)sheet. Prepared by Andover Consultants Inc.,Dated March 3,2014 and revised March 12,2014 2)"Proposed House Plans of Front Elevation,Rear Elevation,Left and right Elevation",containing one(1)sheet, "Proposed First Floor Plans"containing one(1)sheet. "Proposed Second floor Plans", containing one(1)sheet, "Proposed Foundation",containing one(1)all 4 sheets of Proposed House Plans Prepared by Century Builders Inc., 8 Brushwood Drive Atkinson NH 03811 Dated April 2013 Voting in favor to Grant Albert P.Manzi III, Ellen P.McIntyre,Richard J. Byers, D.Paul Koch Jr. the Variance: Allan Cuscia Voting in the Negative: 0 The Board finds that the applicant has satisfied the provisions Under Section 4.136 to construct a new single family home in the Watershed Protection District for 0 Campion Road(Map 62,Parcel 89),North Andover,MA 01845 in the R-1 District. Notes: 1. This decision shall not be in effect until a copy of this decision is recorded at the Essex County Registry of Deeds,Northern District at the applicant's expense. 2. The granting of the Variance as requested by the applicant does not necessarily ensure the granting of a building permit as the applicant must abide by all applicable local,state,and federal building codes and regulations,prior to the issuance of a building permit as required by the Inspector of Buildings. 3. If the rights authorized by the Variance are not exercised within one(1)years of the date of the grant,it shall lapse,and may be re- established only after notice,and a new hearing. ( Nort ndover Zoning ClVtials4‘of Appeals Alb P. Manzi III,Esq., Chairman Ellen P. McIntyre, Vice-Chairman Richard J. Byers, Esq., Clerk D. Paul Koch Jr. Allan Cuscia Decision 2014-004 Page 2 of 2 andover 1 East River Place consultants Methuen, Massachusetts 01844 inc. Tel. (978) 687-3828 Fax (978) 686-5100 www.andoverconsultants.corn May 14, 2014 North Andover Planning Board Town Offices 1600 Osgood Street North Andover, MA 01845 RE: Special Permit-Watershed Permit 107 Campion Road Dear Members of the Board: Enclosed please find attached: • 2 copies of a completed Special Permit-Watershed Permit Application. • A check for$300.00, for the base special permit application fee. • A check for$2,000.00, for the outside consultant fee. • 5 copies of the project description with attachments titled"Watershed Special Permit", dated May 14, 2014. • 2 full sized copies of a plan titled"Site Plan, 107 Campion Road, North Andover,Mass.",prepared by Andover Consultants, Inc, dated March 3, 2014. • 3 11"x 17"reduced copies of the plan noted above. • Certified list of abutters. r; • Abutter notice envelopes and postage. The Application for a Special Permit-Watershed Permit is made to perform work within the 100 foot buffer zone of an isolated wetland resource within the Watershed Protection Overlay District. The work is associated with the construction of a single family home in a residential district. The work,due to the small amount of proposed impervious surface and use of rain garden areas,will not, in my opinion, significantly degrade the quality or quantity of water entering Lake Cochichewick. Should you require any additional information,or have any questions concerning the project, please feel free to contact us. Sincerely, ANDOVER CONSULTANTS,INC. 44W ) James S. Fairweather II, P.E. Project Engineer Enclosures cc Dimitrios Saragas Civil Engineers • Land Surveyors • Land Planners I } Cr y1,R0 ,e 14,A it 1,, _;-„....).0 YF "04C1400 i PLANNING DEPARTMENT Community Development Division £! Special Permit — Watershed Permit Application I Please type or print clearly. 1.Petitioner: Dimitrios Saragas Petitioner's Address: 16 Somerset Drive,Andover, MA 01810 g Telephone number: 978-771-5585 , i 2.Owners of the Land: Dimitrios Saragas Address: 16 Somerset Drive,Andover,MA 01810 1 Number of years of ownership: 12 i; 3.Year lot was created: 1985 4. Is the lot currently on septic or sewer? No If on sewer, please provide date the sewer connection was completed: a sewer connection is proposed l 5. Description of Proposed Project: Construction of a single family dwelling, driveway,lot t grading and utilities. The work is located within an isolated wetland and its 100 foot buffer in the Watershed Protection Overlay District. i 6.Description of Premises: existing 43,647 S.F. lot t 7.Address of Property Being Affected: 107 Campion Road Zoning District: R-1 Assessors Map: 62 Lot#: 89 Registry of Deeds: Book#: 6848 Page#: 163 8.Existing Lot: h Lot Area(Sq. Ft): 43,647 Building Height: -- 5' Street Frontage: 150 ft Side Setbacks: -- Front Setback: -- Rear Setback: -- Floor Area Ratio: -- Lot Coverage: -- k- 9.Proposed Lot(if applicable): Lot Area(Sq.Ft): 43,647 Building Height: 35 ft Street Frontage: 150 ft Side Setbacks: 31/35 ft 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.com 1 Edited 8/6/07 5 i Front Setback: 175 ft Rear Setback: 33 ft Floor Area Ratio: 0.2 Lot Coverage: 0.076 10.Required Lot(as required by Zoning Bylaw): Lot Area(Sq.Ft): 87,120 Building Height: 35 ft Street Frontage: 175 ft Side Setbacks: 30 ft Front Setback: 30 ft Rear Setback: 30 ft Floor Area Ratio: n/a Lot Coverage: n/a 11.Existing Building(If applicable): Ground Floor(Sq.Ft.): -- #of Floors: Total Sq. Ft,: -- Height: -- Use: — Type of Construction: -- s 12.Proposed Building: Ground Floor(Sq.Ft.): 3,330 #of Floors: 3 (2 and walkout basement) Total Sq.Ft. 9,264 Height: 35 Use residential Type of Construction: wood frame 13.Has there been a previous application fora Special Permit from the Planning Board on these premises? no If so,when and for what type of construction? 14.Section of Zoning Bylaw that Special Permit Is Being Requested 4.136.3.c.ii. 12,3,5 10.3 Y' { 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 Regulations may res I a dismissal by the Planning Board of this application as incomplete. Petitioner's Signature: / S Print or type name here: :unitri a. Owner's Signature: Print or type name here: D trios S 16.Please list title of plans and documents you will be attaching to this application, Plan: "Site Plan, 107 Campinn Road,North Andover,Man."_dated March 3 2014. Document, "Watershed Special Permit".dated May 14.2014 (project;deacripdon.etc) 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.conk Edited 8/6/07 f is Massachusetts Department of Environmental Protection Bureau of Resource Protection -Wetlands ii„ WPA Form 2 — Determination of Applicability Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 A. General Information , Important: When filling out From: forms on the North Andover computer, use Conservation Commission only the tab key to move To: Applicant Property Owner(if different from applicant): your cursor- do not use the Dimitrios Saragas return key. Name Name 16 Somerset Drive +a. Mailing Address Mailing Address Andover MA 01810 ' City/Town State Zip Code City/Town State Zip Code 1. Title and Date (or Revised Date if applicable) of Final Plans and Other Documents: Topographic Plan January 6, 2014 Title Date Title Date Title Date 2. Date Request Filed: 1/10/14 B. Determination Pursuant to the authority of M.G.L. c. 131, §40, the Conservation Commission considered your Request for Determination of Applicability, with its supporting documentation, and made the following Determination. Project Description (if applicable): To determine jurisdictional limits of the Wetland Protection Act and the North Andover Wetlands Protection Bylaw. Project Location: 107 Campion Road (Lot 89) North Andover Street Address City/Town Map 62 Lot 89 Assessors Map/Plat Number Parcel/Lot Number wpaform2.doc•Determination of Applicability•rev.08/13 Page 1 of 5 3. P Massachusetts Department of Environmental Protection LBureau of Resource Protection -Wetlands WPA Form 2 - Determination of Applicability Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 B. Determination (cont.) The following Determination(s) is/are applicable to the proposed site and/or project relative to the Wetlands t` Protection Act and regulations: Positive Determination Note: No work within the jurisdiction of the Wetlands Protection Act may proceed until a final Order of Conditions (issued following submittal of a Notice of Intent or Abbreviated Notice of Intent) or Order of Resource Area Delineation (issued following submittal of Simplified Review ANRAD) has been received from the issuing authority(i.e., Conservation Commission or the Department of Environmental Protection). f ❑ 1. The area described on the referenced plan(s) is an area subject to protection under the Act. Removing,filling,dredging, or altering of the area requires the filing of a Notice of Intent. ❑ 2a.The boundary delineations of the following resource areas described on the referenced plan(s)are confirmed as accurate.Therefore, the resource area boundaries confirmed in this Determination are binding as to all decisions rendered pursuant to the Wetlands Protection Act and its regulations regarding such boundaries for as long as this Determination is valid. f ❑ 2b. The boundaries of resource areas listed below are not confirmed by this Determination, f regardless of whether such boundaries are contained on the plans attached to this Determination or to the Request for Determination. ❑ 3. The work described on referenced plan(s) and document(s) is within an area subject to protection under the Act and will remove, fill, dredge, or alter that area. Therefore, said work , requires the filing of a Notice of Intent. ❑ 4. The work described on referenced plan(s) and document(s) is within the Buffer Zone and will alter an Area subject to protection under the Act. Therefore, said work requires the filing of a Notice of Intent or ANRAD Simplified Review(if work is limited to the Buffer Zone). ❑ 5. The area and/or work described on referenced plan(s) and document(s) is subject to review w` and approval by: Town of North Andover Name of Municipality Pursuant to the following municipal wetland ordinance or bylaw: `` North Andover Wetlands Protection Bylaw Chapter 178 Name Ordinance or Bylaw Citation wpaform2.doc•Determination of Applicability•rev.08/13 Page 2 of 5 f 'c i •L.,. Prii Massachusetts Department of Environmental Protection Bureau of Resource Protection - Wetlands WPA Form 2 - Determination of Applicability Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 B. Determination (cont.) ® 6. The following area and/or work, if any, is subject to a municipal ordinance or bylaw but not subject to the Massachusetts Wetlands Protection Act: Wetland area is not jurisdictional under the Massachusetts Wetlands Protection Act. Isolated Vegetated Wetland of greater than 1,000 s.f. Local Bylaw Resource Area only. is ❑ 7. If a Notice of Intent is filed for the work in the Riverfront Area described on referenced plan(s) and document(s), which includes all or part of the work described in the Request, the applicant must consider the following alternatives. (Refer to the wetland regulations at 10.58(4)c. for more r' information about the scope of alternatives requirements): ❑ Alternatives limited to the lot on which the project is located. ❑ Alternatives limited to the lot on which the project is located, the subdivided lots, and any >. adjacent lots formerly or presently owned by the same owner. ❑ Alternatives limited to the original parcel on which the project is located, the subdivided parcels, any adjacent parcels, and any other land which can reasonably be obtained within the municipality. ❑ Alternatives extend to any sites which can reasonably be obtained within the appropriate region of the state. fi Negative Determination Note: No further action under the Wetlands Protection Act is required by the applicant. However, if the Department is requested to issue a Superseding Determination of Applicability, work may not proceed on this project unless the Department fails to act on such request within 35 days of the date the request is post-marked for certified mail or hand delivered to the Department. Work may then proceed at the owner's risk only upon notice to the Department and to the Conservation Commission. Requirements for requests for Superseding Determinations are listed at the end of this document. ® 1. The area described in the Request is not an area subject to protection under the Act or the Buffer Zone. ❑ 2. The work described in the Request is within an area subject to protection under the Act, but will not remove, fill, dredge, or alter that area. Therefore, said work does not require the filing of a Notice of Intent. ❑ 3. The work described in the Request is within the Buffer Zone, as defined in the regulations, but will not alter an Area subject to protection under the Act. Therefore, said work does not require the filing of a Notice of Intent, subject to the following conditions(if any). ❑ 4. The work described in the Request is not within an Area subject to protection under the Act (including the Buffer Zone). Therefore, said work does not require the filing of a Notice of Intent, unless and until said work alters an Area subject to protection under the Act. wpaform2.doc•Determination of Applicability•rev.08/13 Page 3 of 5 Massachusetts Department of Environmental Protection LikBureau of Resource Protection -Wetlands WPA Form 2 — Determination of Applicability Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 B. Determination (cont.) £` ❑ 5. The area described in the Request is subject to protection under the Act. Since the work , described therein meets the requirements for the following exemption, as specified in the Act and the regulations, no Notice of Intent is required: Exempt Activity(site applicable statuatory/regulatory provisions) ❑ 6. The area and/or work described in the Request is not subject to review and approval by: Name of Municipality I Pursuant to a municipal wetlands ordinance or bylaw. t Name Ordinance or Bylaw Citation C. Authorization This Determination is issued to the applicant and delivered as follows: ❑ by hand delivery on d by certified mail, return receipt requested on oR J13 ) iV Date Date f This Determination is valid for three years from the date of issuance(except Determinations for Vegetation Management Plans which are valid for the duration of the Plan). This Determination does not relieve the applicant from complying with all other applicable federal, state, or local statutes, ordinances, bylaws, or regulations. This Determination must be signed by a majority of the Conservation Commission. A copy must be sent to the 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)and the property owner(if different from the applicant). Signatures: / ill . / /714:-.:LI ■Igalgeriniir-.--Pr ,/- ri' /� ilvanir AAI!"/ _ muls.r.lor , S ° C . /111111 , 1 1 7 el__ 71/A___ .401I , a _ 1 )_ _ l L( Date wpaform2.doc•Determination of Applicability•rev.08/13 Page 4 of 5 , Massachusetts Department of Environmental Protection Bureau of Resource Protection -Wetlands WPA Form 2 — Determination of Applicability Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 ,, , , D. Appeals The applicant, owner, any person aggrieved by this Determination, any owner of land abutting the land upon which the proposed work is to be done, 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 Department of Environmental Protection Regional Office(see http://www.mass.qov/eea/agencies/massdep/about/contacts/find-the- t massdep-regional-office-for-your-city-or-town.html) to issue a Superseding Determination of Applicability. The request must be made by certified mail or hand delivery to the Department, with the appropriate filing f fee and Fee Transmittal Form (see 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 Determination. 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. The request shall state clearly and concisely the t objections to the Determination which is being appealed. To the extent that the Determination is based on a municipal ordinance or bylaw and not on the Massachusetts Wetlands Protection Act or regulations, the Department of Environmental Protection has no appellate jurisdiction. t t f` i i F , t i 3. wpaform2.doc•Determination of Applicability•rev.08/13 Page 5 of 5 . . (; j' Li Massachusetts Department of Environmental Protection , Bureau of Resource Protection -Wetlands Request for Departmental Action Fee Transmittal Form Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 t A. Request Information When filling 1. Person or party making request(if appropriate, name the citizen group's representative): I. When filling out 4 forms on the computer, use Name only the tab key to your Curso move Mailing Address do not use the !' return key. City/Town State Zip Code t I t416___\ Phone Number Fax Number(if applicable) Project Location ,ems Mailing Address City/Town State Zip Code r' 2. Applicant(as shown on Notice of Intent(Form 3), Abbreviated Notice of Resource Area Delineation (Form 4A); or Request for Determination of Applicability (Form 1)): t j x Name t Mailing Address ,, City/Town State Zip Code g` Phone Number Fax Number(if applicable) 3. DEP File Number: t • I B. Instructions 1. When the Departmental action request is for(check one): t ❑ Superseding Order of Conditions($120 for individual single family homes with associated structures; $245 for all other projects) ❑ Superseding Determination of Applicability($120) 1 ❑ Superseding Order of Resource Area Delineation ($120) t Send this form and check or money order for the appropriate amount, payable to the Commonwealth of Massachusetts to: Department of Environmental Protection Box 4062 x Boston, MA 02211 8 i j wpaform2.doc•Request for Departmental Action Fee Transmittal Form•rev.08/13 Page 1 of 2 f , p' 0 Massachusetts Department of Environmental Protection Bureau of Resource Protection - Wetlands Request for Departmental Action Fee Transmittal Form Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 z B. Instructions (cont.) 2. On a separate sheet attached to this form, state clearly and concisely the objections to the Determination or Order which is being appealed. To the extent that the Determination or Order is based on a municipal bylaw, and not on the Massachusetts Wetlands Protection Act or regulations, t` the Department has no appellate jurisdiction. t 3. Send a copy of this form and a copy of the check or money order with the Request for a Superseding t Determination or Order by certified mail or hand delivery to the appropriate DEP Regional Office (see http://www.mass.aov/eea/agencies/massdep/about/contacts/find-the-massdep-regional-ofFce-for- you r-city-or-town.html). , 4. 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. I t I R. f i j: E S 4' wpaform2.doc•Request for Departmental Action Fee Transmittal Form•rev.08/13 Page 2 of 2 • L O c4-L L Provided by MassDEP: '�''%�`� o�:e NACC#126 WPA Form 5 -:Order of Conditions MassDEP File# ,4J I-n nde v&< PR4?ecrier x.1 eDEP Transaction# North Andover City/Town A. General Information Please note: North Andover this form has 1. From: Conservation Commission been modified with added 2. This issuance is for space to a. Order ions b. ❑Amended Order of Conditions accommodate (check one): the Registry of Deeds 3. To: Applicant: Requirements Dimitrios Saragas a.First Name b. Last Name Important: When filling out forms on c.Organization the 16 Somerset Drive computer, d. Mailing Address use only the tab key to Andover MA 01810 move your e.City/Town f.State g.Zip Code cursor-do not use the 4. Property Owner(if different from applicant): return key. 1�I a.First Name b. Last Name c.Organization IrAiI d.Mailing Address e.City/Town f.State g.Zip Code 5. Project Location: 107 Campion Road North Andover a.Street Address b.City/Town MAP 62 Lot 89 c.Assessors Map/Plat Number d. Parcel/Lot Number Latitude and Longitude, if known: 42d42m36.45s 71d05m36.47s d. Latitude e.Longitude wpaform5.doc• rev.07/22/2014 Page 1 of 12 L© z CVL,qC 1� 0,uz(� • Provided by MassDEP: • ` ' / NACC#126 WPA Form 5 - Order of Conditions MassDEP File# eDEP Transaction# North Andover City/Town A. General Information (cont.) 6. Property recorded at the Registry of Deeds for(attach additional information if more than one parcel): Essex North a.County b. Certificate Number(if registered land) 6848 165 c.Book d. Page 7. Dates: 5/1/2014 8/13/2014 8/14/2014 a. Date Notice of Intent Filed b.Date Public Hearing Closed c.Date of Issuance 8. Final Approved Plans and Other Documents (attach additional plan or document references as needed): Site Plan 107 Campion Road (2 sheets) a. Plan Title Andover Consultants Inc. James S. Fairweather II, P. E. b. Prepared By c. Signed and Stamped by July 9, 2014 1" =20' d.Final Revision Date e. Scale Planting Plan July 30, 2014 f.Additional Plan or Document Title g. Date B. Findings 1. Findings pursuant to the Massachusetts Wetlands Protection Act: Following the review of the above-referenced Notice of Intent and based on the information provided in this application and presented at the public hearing, this Commission finds that the areas in which work is proposed is significant to the following interests of the Wetlands Protection Act(the Act). Check all that apply: a. ® Public Water Supply b. ® Land Containing Shellfish c ® Prevention of Pollution d. ® Private Water Supply e. ® Fisheries . Wi Protection of Wildlife Habitat g. ® Groundwater Supply h. ® Storm Damage Prevention i. ® Flood Control 2. This Commission hereby finds the project, as proposed, is: (check one of the following boxes) Approved subject to: a. ® 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. wpaform5.doc• rev.05/19/2010 Page 2 of 12 yassDEP:f0C'4L e, /Low 1iv9 of� NACC#126 10 WPA Form 5 — Order of Conditions MassDEP File# ' eDEP Transaction# North Andover City/Town B. Findings (cont.) 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 adequate to protect the 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. ❑ the information submitted by the applicant is not sufficient to describe the site, the work, or the effect of the work on the interests identified in the Wetlands Protection Act. Therefore, work on this project may not go forward unless and until a revised Notice of Intent is submitted which provides sufficient information and includes measures which are adequate to protect the Act's interests, and a final Order of Conditions is issued. A description of the specific information which is lacking and why it is necessary is attached to this Order as per 310 CMR 10.05(6)(c). 3. ❑ Buffer Zone Impacts: Shortest distance between limit of project disturbance and the wetland resource area specified in 310 CMR 10.02(1)(a) a.linear feet Inland Resource Area Impacts: Check all that apply below. (For Approvals Only) Resource Area Proposed Permitted Proposed Permitted Alteration Alteration Replacement Replacement 4. ❑ Bank a. linear feet b. linear feet c.linear feet d.linear feet 5. ® Bowler-44g.7.---,..904 0/ 3491 3491 5730 5730 Vegetated Wetland a.square feet b. square feet c.square feet d.square feet 6. ❑ Land Under Waterbodies and a.square feet b.square feet c.square feet d.square feet Waterways e.c/y dredged f.c/y dredged 7. ❑ Bordering Land Subject to Flooding a.square feet b. square feet c.square feet d.square feet Cubic Feet Flood Storage e.cubic feet f.cubic feet g.cubic feet h.cubic feet 8. ❑ 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. ❑ 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 wpaform5.doc• rev.05/19/2010 Page 3 of 12 s { Provided by MassDEP: OCR /,y 2.4-41 e tl 17" C/Jt / NACC#126 1 MassDEP File# WPA Form 5 - Order of Conditions eDEP Transaction# North Andover City/Town B. Findings (cont.) Coastal Resource Area Impacts: Check all that apply below. (For Approvals Only) Proposed Permitted Proposed Permitted Alteration Alteration Replacement Replacement 10. ❑ Designated Port Indicate size under Land Under the Ocean, below Areas 11. ❑ Land Under the Ocean a.square feet b.square feet c.c/y dredged d.c/y dredged 12. ❑ Barrier Beaches Indicate size under Coastal Beaches and/or Coastal Dunes below ❑ Coastal Beaches cu yd cu yd 13. a.square feet b.square feet c. nourishment d. nourishment ❑ Coastal Dunes cu yd cu yd 14. a.square feet b.square feet c. nourishment d. nourishment 15. ❑ Coastal Banks a.linear feet b. linear feet 16. ❑ Rocky Intertidal Shores a.square feet b.square feet 17. ❑ Salt Marshes a.square feet b.square feet c.square feet d.square feet 18. ❑ Land Under Salt Ponds a.square feet b.square feet c.dy dredged d.c/y dredged 19. ❑ Land Containing Shellfish a.square feet b.square feet c.square feet d.square feet 20. ❑ Fish Runs Indicate size under Coastal Banks, Inland Bank, Land Under the Ocean, and/or inland Land Under Waterbodies and Waterways, above a.dy dredged b.c/y dredged 21. ❑ Land Subject to Coastal Storm a.square feet b.square feet Flowage #' wpaform5.doc• rev.05/19/2010 Page 4 of 12 Loc L/'t 1.J t//99 D / Provided by MassDEP: L� NACC#126 WPA Form 5 - Order of Conditions MassDEP File# eDEP Transaction# North Andover City/Town B. Findings (cont.) 22 # " 22.If the # t is for 22. I] Restoration/Enhancement*: the purpose of restoring or enhancing a a.square feet of BVW b.square feet of salt marsh wetland resource area 23. 1:1 Stream Crossing(s): in addition to the square footage that a. number of new stream crossings b. number of replacement stream crossings has been C. General Conditions Under Massachusetts Wetlands Protection Act entered in Section B.5.c (BVw)or The following conditions are only a pp licable to Approved projects.B.17.c(Salt Marsh)above, 1. Failure to comply with all conditions stated herein, and with all related statutes and other please enter the additional regulatory measures, shall be deemed cause to revoke or modify this Order. amount here. 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 I 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: 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 t; date of the Order. p J 6. If this Order constitutes an Amended Order of Conditions, this Amended Order of Conditions does not extend the issuance date of the original Final Order of Conditions and the Order will expire on unless extended in writing by the Department. k 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, t paper, cardboard, pipe, tires, ashes, refrigerators, motor vehicles, or parts of any of the foregoing. 8. This Order is not final until all administrative appeal periods from this Order have elapsed, or if such an appeal has been taken, until all proceedings before the Department have been completed. wpaform5.doc• rev.05/19/2010 Page 5 of 12 • • //�� Provided by MassDEP: Lo GA-L v�� w F7)'7 QwG - NACC#126 - MassDEP File# WPA Form 5 — Order of Conditions eDEP Transaction# North Andover City/Town C. General Conditions Under Massachusetts Wetlands Protection Act (cont.) 9. No work shall be undertaken until the Order has become final and then has been recorded in the Registry of Deeds or the Land Court for the district in which the land is located, within the chain of title of the affected property. In the case of recorded land, the Final Order shall also be noted in the Registry's Grantor Index under the name of the owner of the land upon which the proposed work is to be done. In the case of the registered land, the Final Order shall also be noted on the Land Court Certificate of Title of the owner of the land upon which the proposed work is done. The recording information shall be submitted to the Conservation Commission on the form at the end of this Order, which form must be stamped by the Registry of Deeds, prior to the commencement of work. 10. A sign shall be displayed at the site not less then two square feet or more than three square feet in size bearing the words, "Massachusetts Department of Environmental Protection" [or, "MassDEP"] "File Number NACC#126 " 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 MassDEP. , 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. F 13. The work shall conform to the plans and special conditions referenced in this order. t 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. k 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. 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 u 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 k be maintained until a Certificate of Compliance has been issued by the Conservation Commission. vrpaform5.doc• rev.05/19/2010 Page 6 of 12 LocQ4 y Lbw iC/ /17 Oti L y Provided by MassDEP: NACC#126 WPA Form 5 - Order of Conditions MassDEP File# eDEP Transaction# North Andover City/Town C. General Conditions Under Massachusetts Wetlands Protection Act (cont.) 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)❑ is not(2)® subject to the Massachusetts Stormwater Standards. If the work is subject to the 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 Pollution Discharge Elimination System Construction General Permit as required by Stormwater Condition 8. Construction period erosion, sedimentation and pollution control measures and best management practices (BMPs) shall remain in place until the site is fully stabilized. b) No stormwater runoff may be discharged to the post-construction stormwater BMPs unless and until a Registered Professional Engineer provides a Certification that: i. all construction period BMPs have been removed or will be removed by a date certain specified in the Certification. For any construction period BMPs intended to be converted to post construction operation for stormwater attenuation, recharge, and/or treatment, the conversion is allowed by the MassDEP Stormwater Handbook BMP specifications and that the BMP has been properly cleaned or prepared for post construction operation, including removal of all construction period sediment trapped in inlet and outlet control structures; ii. as-built final construction 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. LL wpaform5.doc• rev.05/19/2010 Page 7 of 12 LUG„q-L 43 yLg44) FJ//r7 OAiLy NProvided by ACC#126 assDEP: WPA Form 5 - Order of Conditions MassDEP File# eDEP Transaction# North Andover City/Town C. General Conditions Under Massachusetts Wetlands Protection Act (cont.) 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 18(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 Pollution 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 18(f)through 18(k)with respect to that BMP. Any failure of the proposed responsible party to implement the requirements of Conditions 18(f) through 18(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. wpaform5.doc• rev.05/19/2010 Page 8 of 12 fi-- I • L GC,6 / y J�� �y f/ Provided by MassDEP: J L /-77,47. �'/y NACC#126 WPA Form 5 — Order of Conditions MassDEPFile# eDEP Transaction# North Andover City/Town C. General Conditions Under Massachusetts Wetlands Protection Act (cont.) 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); j 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. 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. Special Conditions (if you need more space for additional conditions, please attach a text document): See Attached wpaform5.doc• rev.05/19/2010 Page 9 of 12 L.06,4 z. i3 y 1, ) u! //7 y oNz y Provided by MassDEP: / NACC#126 WPA Form 5 — Order of Conditions MassDEP File# eDEP Transaction# North Andover City/Town D. Findings Under Municipal Wetlands Bylaw or Ordinance 1. Is a municipal wetlands bylaw or ordinance applicable? ® Yes ❑ No 2. The North Andover hereby finds(check one that applies): Conservation Commission a. ❑ that the proposed work cannot be conditioned to meet the standards set forth in a municipal ordinance or bylaw, specifically: 1.Municipal Ordinance or Bylaw 2.Citation Therefore, work on this project may not go forward unless and until a revised Notice of Intent is submitted which provides measures which are adequate to meet these standards, and a final Order of Conditions is issued. b. ® that the following additional conditions are necessary to comply with a municipal ordinance or bylaw: North Andover Wetlands Protection Bylaw Chapter 178 1.Municipal Ordinance or Bylaw 2.Citation 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 4' 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 (if you need 4' more space for additional conditions, attach a text document): See Attached wpaform5.doc• rev.05/19/2010 Page 10 of 12 , J( �.� _ Provided by MassDEP: )\ L.,eG� 'J L kw/in o N Ly NACC#126 WPA Form 5 — Order of Conditions MassDEP File# eDEP Transaction# North Andover City/Town E. Signatures This Order is valid for three years, unless otherwise specified as a special ( /4/77/ condition pursuant to General Conditions#4,from the date of issuance. 1. Date of Issuance 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 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. Signatures: / ii 1 YOB IT F , i ■ii A I I a...4 1 , El hand delivery on d by certified mail, return receipt F. requested, on i ,/ Date Date t F. Appeals r' , 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 4 Superseding Order of Conditions. The request must be made by certified mail or hand delivery to the Department, with the appropriate filing fee and a completed Request of Departmental z` 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 t 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. wpaform5.doc• rev.07/22/2014 Page 11 of 12 • L G,-L 13y Lned `t d/u''L y NACC#126assDEP: Li MassDEP File# WPA Form 5 - Order of Conditions • eDEP Transaction# North Andover City/Town G. Recording Information Prior to commencement of work, 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: 107 Campion Road NACC#126 Project Location MassDEP File Number Has been recorded at the Registry of Deeds of: Essex Northern County Book Page for: Dimitrios Saragas Property Owner and has been noted in the chain of title of the affected property in: Book Page In accordance with the Order of Conditions issued on: Date If recorded land, the instrument number identifying this transaction is Instrument Number If registered land, the document number identifying this transaction is: Document Number Signature of Applicant wpaform5.doc• rev.05/19/2010 Page 12 of 12 NACC #126 Findings: • On August 5, 2014 the North Andover Planning Board issued a Watershed Special Permit for the project proposed herein. • A Positive Determination of Applicability was issued for the site on February 2, 2014. The Isolated Vegetated Wetland is jurisdictional under the North Andover Wetlands Protection Bylaw and associated Regulations,but not the Massachusetts Wetland Protection Act and associated Regulations. • The NACC finds that the Isolated Vegetated Wetland on site is jurisdictional under the North Andover Wetlands Protection Bylaw. However, soil testing reveals that the resource area was created by the deposition of impervious material on the site during subdivision construction. Soils below the fill material are upland soils with evidence of the seasonal high water table at 34 inches. The proposed project will remove the fill material allowing better infiltration on site In addition, mitigation will be provided to enhance stormwater management and improve wildlife habitat. 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. i. GENERAL CONDITIONS ; 20. The proposed work includes: construction of a single family home with deck and screen porch, driveway, stormwater management structures (rain gardens), appurtenant utilities, site work, landscaping and grading. The work is within Isolated Vegetated Wetland (IVW) and the associated 100' Buffer Zone as well as the Town's Watershed Protection District. 21. The work shall conform to the following (except as noted in the remainder of this document where revisions may be required): Applicant/Property Owner: Dimitrios Saragas 16 Somerset Drive Andover, Massachusetts 01810 Notice of Intent filed by Curtis R. Young Wetlands Preservation, Inc. 47 Newton Road Plaistow, NH 03865 NACC#126, 107 Campion Rd-OOC Special Conditions 1 NACC 8/14/2014 NACC #126 Date filed: May 1, 2014 Site Plans prepared by: Andover Consultants Inc. 1 East River Place Methuen, MA 01844 Titled: Site Plan Date: March 3, 2014 Revised:July 9, 2014 Sheets 1 & 2 Stamped by James S. Fairweather II, P.E. Landscape Plan- Date June 9, 2014 & Last Revised July 30,2014 Stamped b James S. Fairweather p y J a rweather II, P.E. Stormwater Review (for Watershed Special Permit): Eggleston Environmental Lisa D. Eggleston, P.E. Review Letter Dated: June 17, 2014 er &July 15,2014 Response letter from James S. Fairweather II, P.E. to North Andover Planning Board Dated: June 23, 2014 =` Wetland Delineation Conducted by Wetland Preservation Inc. 47 Newton Road fi Plaistow, NH 03865 See Request for Determination of Applicability Dated January 9, 2014 Other Record Documents: Stormwater Report Prepared by Andover Consultants, Inc. Dated July 9, 2014 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 NACC#126, 107 Campion Rd-OOC Special Conditions 2 NACC 8/14/2014 is NACC #126 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. F 26. This Order does not relieve the permittee or any other person of the necessity of complying with all other applicable federal, state or local statutes, ordinances, by-laws or regulations. 27. The work authorized hereunder shall be completed within three years from the date of this order. 28. This Order may be extended by the issuing authority for one but not more than two periods of up to one year each upon application to the issuing authority at least thirty days (30) prior to the expiration date of the Order (Refer to Section 8.3 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. The following wetland resource areas are affected by the proposed work: Isolated Vegetated Wetland (IVW). 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. NACC#126, 107 Campion Rd-OOC Special Conditions 3 NACC 8/14/2014 NACC#126 32. The NACC agrees with the applicant's delineation of the wetland resource areas on the site as shown on the plans dated referenced herein. 33. The project proposes to fill an Isolated Vegetated Wetland (3,491 s.f.) As noted in the findings above, the IVW is the result of placement of impervious material on the site during roadway and subdivision construction. Hydric soils are not present below the fill material. To mitigate for the stormwater and wildlife habitat functions of the existing resource area, the NACC requires the construction of three (3) rain gardens totaling 5,730 s.f. of stormwater treatment area planted with native vegetation to enhance wildlife habitat. 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 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 F' 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 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 NACC#126, 107 Campion Rd-OOC Special Conditions 4 NACC 8/14/2014 NACC #126 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 "NACC#126." 39. 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. 40. 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. 41. 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, land clearing, foundation installation, mitigation and all other work planned through final stabilization. 42. Prior to site disturbance, the applicant will construct a stone construction entrance minimum 10-feet wide by 20-feet long with 2" stone or per detail proposed by the site contractor and approved by the Conservation Department. 43. A row of staked hay bales backed by trenched siltation fence will be properly installed and placed as shown on the plans approved and referenced herein and shall be inspected and approved by the NACC or its agent prior to the start of construction and shall remain intact until all disturbed areas have been permanently stabilized to prevent erosion. All erosion prevention and sedimentation protection measures found necessary during construction shall be implemented at the direction of the NACC or its agent. The NACC reserves the right to impose additional conditions on portions of E' 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. 44. 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 NACC#126, 107 Campion Rd-OOC Special Conditions 5 NACC 8/14/2014 NACC #126 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 normal control of erosion. 45. A check payable to the Town of North Andover shall be provided in the amount of $3,000 which shall be in all respects satisfactory to Town Counsel, Town Treasurer, and the NACC, and shall be posted with the North Andover Town Treasurer through the NACC before commencement of work. Said deposit of money shall be conditioned on the completion of all conditions hereof, shall be signed by a party or parties satisfactory to the NACC, and Town Counsel, and shall be released after completion of the project, provided that provisions, satisfactory to the NACC, have been made for performance of any conditions which are of continuing nature. The applicant may propose a monetary release schedule keyed to completion of specific portions of the project for the NACC's review and approval. This condition is issued under the authority of the local ByLaw. 46. The applicant shall designate a Wetland Scientist (or other environmental professional as approved by the NACC or its agent) as an "Erosion Control Monitor" to oversee any emergency placement of controls and regular inspection or replacement of sedimentation control devices. The name and phone number of the erosion control monitor must be provided to the NACC in the event that this person has to be contacted, due to an emergency at the site, during any 24-hour period, including weekends. Proof of the retained monitor must be submitted to the Conservation Department on letterhead by the retained consulting firm. This person shall be given the authority to stop construction for erosion control purposes. The Environmental Professional will immediately notify the Conservation agent of any matter that requires attention by the Commission or the agent. The erosion control monitor will be required to inspect all such devices and oversee cleaning and the proper disposal of waste products. Cleaning shall include removal of any entrapped silt. 47. 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 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. 48. 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 NACC#126, 107 Campion Rd-OOC Special Conditions 6 NACC 8/14/2014 NACC #126 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 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. 49. Once these above mentioned pre-construction requirements are complete, the applicant shall contact the Conservation Office prior to site preparation or construction and shall arrange an on-site conference with an NACC representative, the contractor, the 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 proposed and shall supersede any conflicting contract requirements. The applicant shall assure that all contractors,subcontractors and other personnel performing the permitted work are fully aware of the permit's terms and conditions. Thereafter, the contractor will be held jointly liable for any violation of this Order of Conditions resulting from failure to comply with its conditions. The applicant or contractor shall notify the NACC in writing of the identity of the on-site construction supervisor hired to coordinate construction and to ensure compliance with this Order. A reasonable period of time shall be provided as notice of the pre-construction meeting (e.g. 72 hours). STORMWATER MANAGEMENT CONDITIONS 50. All construction and post-construction stormwater management shall be conducted in accordance with supporting documents submitted with the Notice of Intent and as approved by the NACC in this Order of Conditions. 51. There shall be no increase in the post development discharges from the storm drainage system or any other changes in post development conditions that alter the post development watershed boundaries as currently depicted in the Notice of Intent and approved by this Order of Conditions, unless specifically approved in writing by the Commission. 52. The applicants, owners,and their successors and assignees, shall maintain, in perpetuity all rain gardens, infiltrators, and other 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 resource areas, and shall maintain the integrity of vegetative cover on the site Maintenance of the rain gardens will be conducted as detailed on sheet 2 of the herein referenced Site Plan. The rain gardens serve as mitigation for the filling of an IVW and will not be re-graded or otherwise altered to affect their functionality as stormwater management structures. This NACC#126, 107 Campion Rd-OOC Special Conditions 7 NACC 8/14/2014 NACC#126 condition shall survive this Order of Conditions and shall run with the title of the property. DURING CONSTRUCTION 53. 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 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#47). 54. Dewatering activities are not proposed as part of the filing. 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 Additional detail must be provided and approved by the Conservation Department. 55. The temporary construction entrance will be maintained and refreshed as needed. If material is tracked beyond the construction entrance onto the adjacent roadway, it will be swept up daily. 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 (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. 58. 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. 59. Stockpiled materials shall be maintained within erosion controls. 60. 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. NACC#126, 107 Campion Rd-OOC Special Conditions 8 NACC 8/14/2014 NACC#126 61. 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. 62. Accepted engineering and construction standards and procedures shall be followed in the completion of the project. 63. During and after work on this project, there shall be no discharge or spillage of fuel, or other pollutants into any wetland resource area If there is a spill or discharge of any pollutant during any phase of construction the NACC shall be notified by the applicant within one (1) business day. AFTER CONSTRUCTION { 64. Fertilizers utilized for landscaping and lawn care shall be slow release, low-nitrogen types (< 5%) and phosphorous free. Only organic pesticides and herbicides shall be used in the watershed 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. 65. There shall be no dumping of leaves, grass clippings, brush, or other debris into the rain gardens. This condition shall remain in perpetuity. 66. 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. 67. 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. 68. 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. NACC#I26, 107 Campion Rd-OOC Special Conditions 9 NACC 8/14/2014 NACC #126 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 (P.E.) (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. F' > Distances from structures to wetland resource areas. Structures include (but E` 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. 69. The following special conditions shall survive the issuance of a Certificate of Compliance (COC) for this project: > Stormwater Management System Maintenance (Condition #52) > Discharge or spillage of pollutants (Condition#63); ➢ Limitations on the use of fertilizers, herbicides, and pesticides (Conditions #64); > Prohibition of dumping of leaves, grass clippings, brush, or other debris (Condition#65). NACC#126, 107 Campion Rd-OOC Special Conditions 10 NACC 8/14/2014 NACC#126 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) r` the North Andover Conservation Commission. a. 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) NACC#126, 107 Campion Rd-OOC Special Conditions 11 NACC 8/14/2014 andover 1 East River Place consultants Methuen, Massachusetts 01844 inc. Tel. (978)Fax Fax(978)686-5100 www.andoverconsultants.com June 26,2014 North Andover Planning Board Town Offices 1600 Osgood Street North Andover,MA 01845 RE: Special Permit-Watershed Permit 107 Campion Road North Andover,MA Dear Members of the Board: On behalf of the applicant,Dimitrios Saragas,we respectfully request that the Board continue the Special Permit public hearing for the project captioned above to the July 15,2014 meeting. We are preparing additional calculations and documents to supplement the application. The extension will allow time to perform the work. If you have any questions concerning this request,or require anything further,please feel free to contact me at your convenience. Sincerely, ANDOVER CONSULTANTS,INC. James S.Fairweather II,P.E. Civil Engineer Civil Engineers • Land Surveyors • Land Planners t k i l 1, i i k Massachusetts Department of Environmental Protection Bureau of Resource Protection - Wetlands DEP File Number: NIN I ._ `! WPA Form 8B — Certificate of Compliance ' Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 NACC#126 Provided by DEP I- I t A. Project Information Important: When filling out 1. This Certificate of Compliance is issued to: forms on the t'' computer,use Dimitrios Saragas only the tab key Name k`, to move your 16 Somerset Street cursor-do not use the return Mailing Address key. Andover MA 01845 City/Town State Zip Code t sitra: 2. This Certificate of Compliance is issued for work regulated by a final Order of Conditions issued to: Dimitrios Saragas Name t August 14, 2014 NACC#126 Dated DEP File Number ' 3. The project site is located at: g 107 Campion Road North Andover Street Address City/Town Map 62 Parcel 89 =' Assessors Map/Plat Number Parcel/Lot Number t the final Order of Condition was recorded at the Registry of Deeds for: is Property Owner(if different) t` Essex Northern 14017 63 County Book Page f Certificate 4. A site inspection was made in the presence of the applicant, or the applicant's agent, on: 1 10/7/15 Date ) ni wpafrm8b.doc•rev.5/29/14 WPA Form 8B,Certificate of Compliance•Page 1 of 3 i9 Massachusetts Department of Environmental Protection Bureau of Resource Protection - Wetlands DEP File Number: L WPA Form 8B — Certificate of Compliance NACC#126 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: i ❑ 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: f' (Include any conditions contained in the Final Order, such as maintenance or monitoring that should continue for a longer period). Condition Numbers: 69 i C. Authorization Issued by: �/ {' North Andover C 0 '1 IJ f Conservation Commission Date Iss nce 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/a•encies/massdep/about/contacts/find-the-massdep- r-•io r al-office-for- o,r-ci a r-to n.htm . Sig grow , , ,AlagiA. Fimilfiq f , Lbzik' Ifilr--- . ______/.,,,,,-.,,,..,,„: :eir 74, .,;./1.__„., wpafrm8b.doc•rev.5/29/14 WPA Form 8B,Certificate of Compliance•Page 2 of 3 • t: Massachusetts Department of Environmental Protection Bureau of Resource Protection - Wetlands DEP File Number: L 1 WPA Form 8B - Certificate of Compliance NACC#126 Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 Provided by DEP D. Recording Confirmation F N The applicant is responsible for ensuring that this Certificate of Compliance is recorded in F" 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. North Andover Conservation Commission w j Please be advised that the Certificate of Compliance for the project at: 107 Campion Road NACC#126 Project Location DEP File Number 'r` t 3- Has been recorded at the Registry of Deeds of: Essex Northern County is for: 1 Dimitrios Saragas Property Owner r- and has been noted in the chain of title of the affected property on: P 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: i Document Number Signature of Applicant wpafrm8b.doc•rev.5/29/14 WPA Form 8B,Certificate of Compliance•Page 3 of 3