HomeMy WebLinkAboutUntitled (8) i
Town of North Andover
ZONING BOARD OF APPEALS - -, r~
Albert P.Manzi III,Esq.Chairman No H r _ g
Ellen P.McIntyre I ice-Chairmana o`�t�a° ,°14•�
Richard J.Byers Esq.Clerk 3+ ° :° °e 2013 SEP 1 ^ r S
D.Paul Koch Jr.,Esq. z „-4 p ! b 1 11 2: .:j
Q
Allan Cuscia l' s 4..7 *
Associate Members °+..r.o 4y rt c t
��SSgcHUSES r�5, n r
Michael P.Liporto �;ti '
Deney Morganthal This is to certify that twenty(20)days 1
i Douglas Ludgin have elapsed from date of decision,filed
' Town Clerk Time Stamp without filing of al.
Date C a C «1 40 13 (
Joyce A.Bradshaw
Town Clerk
Any appeal shall be filed within(20) Notice of Decision
days after the date of filing of this Year 2013
4
notice in the office of the Town Clerk,
per Mass. Gen. L. ch.40A, §17 Property at: 0 Cotuit Street(Map 47,Parcel 148)North Andover,MA 01845
NAME John J. Burke HEARING(S): Sept 10 2013 1
(
ADDRESS: 0 Cotuit Street(Map 47,Parcel PETITION: 2013-013
148)North Andover,MA 01845
a The North Andover Board of Appeals held a public hearing at The Town Hall , at 120 Main Street, North Andover, MA on
it t
Tuesday,September 10,2013 at 7:30 PM on the application of John J. Burke located at 0 Cotuit Street(Map 47,Parcel 148),
North Andover,MA 01845. Petitioner is requesting a Special Permit to construct a new two family dwelling in accordance with
4.122.14.A(b),4.122.14.D and 10.31 of the Zoning Bylaws,in the R-4 Zoning District.
Legal notices were sent to all the certified abutters provided by the Town of North Andover,Assessors Office,and were
3 published in the Eagle-Tribune,a newspaper of general circulation in the Town of North Andover,on August 27th 2013 and
t September 3rd,2013.
i The following voting members were present:Ellen P.McIntyre,Richard J.Byers,D.Paul Koch Jr.,and Allan Cuscia The
following Associate members were present:Michael Liporto,Deney Morganthal and Douglas Ludgin. t
Upon a motion by Byers to GRANT a Special Permits to allow from Section 4.122.14.A (b), 4.122.14.D and 10.31 of the
Zoning Bylaws to construct, a new,two family dwelling. t
Koch second the motion I
Those in favor to Grant a Special Permits Ellen P. McIntyre, Richard J. Byers, D. Paul Koch Jr, Allan Cuscia and Deney t
Morganthal. l
The motion was unanimously approved and the Special Permit Granted:
5-0 1
t
The Board finds that this use,as developed by the building&site plans,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. 1
Appropriate facilities will be provided for the proper operation of the proposed new two-family dwelling. The Board finds that
the new two family dwelling will not be detrimental to the neighborhood and that it will be in harmony with the general purpose
and intent of this Bylaw.
Site: 0 Cotuit Street(Map 47,Parcel 148)North Andover,MA 01845
4.122.14.A(b),4.122.14.D and 10.31 of the Zoning Bylaws to construct, a,two
family dwelling in the R4 Zoning District.
Plan(s)Title: 1)Plot Plan of the Land for Lot Prepared by Pennoni Associates Inc.,
13 Branch Street Suite 103, Methuen MA 01844,Dated July 31,2013. !
2)"Proposed New Two Family Construction"for First Floor Plan,Containing 1
sheet Drawn by Martha Macinnis 58 Regent Ave Bradford MA 01835 (dated
Dec 10,2012)
3)"Proposed New Two Family Construction"for Second Floor Containing 1
l sheet Drawn by Martha Macinnis 58 Regent Ave Bradford MA 01835(dated
Dec 10,2012) i,
4)"Proposed New Two Family Construction" for Front Elevation Containing
1 sheet Drawn by Martha Macinnis 58 Regent Ave Bradford MA 01835 (dated
' ]> lan(s)Title: Dec 10,2012)
A True copy Page 1 of 2
Town Clerk
1
r
5)"Proposed New Two Family Construction" for Rear Elevations Containing *'
1 sheet Drawn by Martha Macinnis 58 Regent Ave Bradford MA 01835(dated k!
Dec 10,2012)
6)"Proposed New Two Family Construction"for Typical Wall Section
Containing 1 sheet Drawn by Martha Macinnis 58 Regent Ave Bradford MA
01835 (dated Dec 10,2012)
7)"Proposed New Two Family Construction"for First Floor& Second Floor
Framing Containing 1 sheet Drawn by Martha Macinnis 58 Regent Ave
Bradford MA 01835 (dated Dec 10,2012)
8)"Proposed New Two Family Construction" for Attic &Roof Framing
Containing 1 sheet Drawn by Martha Macinnis 58 Regent Ave Bradford MA
01835(dated Dec 10,2012)
9)"Proposed New Two Family Construction"for Deck ledger Connection,
Deck Lateral Load Connection, 1 Hour Rated Party Wall and Partial EAVE
Blocking Containing 1 sheet Drawn by Martha Macinnis 58 Regent Ave
Bradford MA 01835(dated Dec 10,2012)
10)"Proposed New Two Family Construction"for Double Garage Door
Framing& Double Door Sheathing Containing 1 sheet Drawn by Martha
Macinnis 58 Regent Ave Bradford MA 01835(dated Dec 10,2012)
11)"Proposed New Two Family Construction"for Braced Wall Panel,Braced
Wall Panel Connections and Corner Framing Details Containing 1 sheet Drawn
by Martha Macinnis 58 Regent Ave Bradford MA 01835(dated Dec 10,2012)
Voting in Favor Ellen McIntyre, Richard J. Byers D. Paul Koch Jr., Allan Cuscia and Denney
Morganthal
Voting in the Negative: N/A
The Board finds that the applicant has satisfied the provisions under Section 4.122.14.A(b),4.122.14.D and 10.31 of the Zoning x`
Bylaws to construct a new two family dwellings at property located at 0 Cotuit Street(Map 47,Parcel 148)North Andover,MA
01845 in the R-4 Zoning 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 Special Permit(s)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 Special Permit are not exercised within two(2)years of the date of the grant,it shall lapse,and may be re-
established only after notice,and a new hearing.
6-/P1"4-- P �
North Andover Zoning oard Appeals
Ellen P. McIntyre,Acting Chairperson
Richard J. Byers,Esq.,Clerk
D.Paul Koch Jr.
Allan Cuscia
Denney Morganthal
2013-013
Page 2 of 2
f �.
I`
k
(i
f
i
i
c'r
{
Massachusetts Department of Environmental Protection Provided by MassDEP:
Bureau of Resource Protection-Wetlands
Lt
MassDEP File#:242-1601 i'
WPA Form 5 -Order of Conditions eDEP Transaction#:598709
Massachusetts Wetlands Protection Act M.G.L.c. 131, §40 City/Town:NORTHANDOVER
1
t
A. General Information
1.Conservation Commission NORTH ANDOVER
x
2. Issuance a. o OOC b.= Amended OOC 1
X
3.Applicant Details
a.First Name JOHN b.Last Name BURKE
c.Organization
d.Mailing Address 14 CHICKERING ROAD
e.City/Town NORTH ANDOVER f.State MA g.Zip Code 01845
4.Property Owner
a.First Name ROBERT J. b.Last Name BURKE TRUST
c.Organization C/O R.H.HARRINGTON,TRUSTEE
d.Mailing Address 600 CLARK STREET,4TH FLOOR t'
i.
e.City/Town TEWKSBURY f.State MA g.Zip Code 01876
F
5.Project Location ?
g
a.Street Address COTUIT STREET&LEYDEN STREET
b.City/Town NORTH ANDOVER c.Zip Code 01845
d.Assessors Map/Plat# 47 e.Parcel/Lot# 148&151
f.Latitude 42.67786N g.Longitude 71.12535W !:
6.Property recorded at the Registry of Deed for:
a.County b.Certificate c.Book d.Page
NORTHERN ESSEX 8735 35
7.Dates i
a.Date NOI Filed: 8/25/2013 b.Date Public Hearing Closed: 9/25/2013 c.Date Of Issuance: 9/26/2013
8.Final Approved Plans and Other Documents s
a.Plan Title: b.Plan Prepared by: c.Plan Signed/Stamped by: d.Revised Final Date: e.Scale:
SITE PLANS
COTUIT&LEYDEN PENNONI BENJAMIN C.OSGOOD,JR. 9/12/13&9/23/13 1"=20' ,
STREETS(SHEETS ASSOCIATES,INC. (Sheet 3)
1-6) t
B. Findings
Page 1 of 10*ELECTRONIC COPY
r
t
f ,
r
a-
s'
is
i
0 Massachusetts Department of Environmental Protection Provided by MassDEP:
Bureau of Resource Protection-Wetlands MassDEP File#:242-1601 i
WPA Form 5 - Order of Conditions
eDEP Transaction#:598709
Massachusetts Wetlands Protection Act M.G.L.c. 131, §40 City/Town:NORTHRNDOVER
(
1.Findings pursuant to the Massachusetts Wetlands Protection Act s
t
Following the review of the the above-referenced Notice of Intent and based on the information provided in this application and 1;
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.
t
Check all that apply:
a. o Public Water Supply b. o Land Containing Shellfish c.o Prevention of Pollution
d. 0 Private Water Supply e. o Fisheries £ 0 Protection of Wildlife Habitat ('
g. 0 Ground Water Supply h. o Storm Damage Prevention i. 0 Flood Control
2.Commission hereby finds the project,as proposed,is: i
k
Approved subject to: f
a.0 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 i;
differ from the plans,specifications,or other proposals submitted with the Notice of Intent,these conditions shall control.
Denied because:
b.❑ The proposed work cannot be conditioned to meet the performance standards set forth in the wetland regulations.Therefore,
work on this project may not go forward unless and until a new Notice of Intent is submitted which provides measures which are
adequate to protect interests of the Act,and a final Order of Conditions is issued.A description of the performance standards t
which the proposed work cannot meet is attached to this Order. '
c.o The information submitted by the applicant is not sufficient to describe the site,the work or the effect of the work on the interests 1'
identified in the Wetlands Protection Act.Therefore,work on this project may not go forward unless and until a revised Notice of is
Intent is submitted which provides sufficient information and includes measures which are adequate to protect the interests of the
Act,and a final Order of Conditions is issued.A description of the specific information which is lacking and why it is :_
necessary is attached to this Order as per 310 CMR 10.05(6)(c).
1
3 0 ,Zone Impacts:Shortest distance between limit of project disturbance and the wetland resource 20 (''
area specified in 310CMR10.02(l)(a). i
a linear feet )
i
t
t
Inland Resource Area Impacts:(For Approvals Only): f.
Resource Area Proposed Permitted Proposed Permitted t.
Alteration Alteration Replacement Replacement
4. 0 Bank
a.linear feet b.linear feet c.linear feet d.linear feet
5.o Bordering Vegetated Wetland
a.square feet b.square feet c.square feet d.square feet
6. 0 Land under Waterbodies and Waterways
a.square feet b.square feet c.square feet d.square feet
e.c/y dredged f.c/y dredged
F.
Page 2 of 10*ELECTRONIC COPY
l
1:
R
g
t
f
1
IL, Massachusetts Department of Environmental Protection Provided by MassDEP:
Bureau of Resource Protection-Wetlands MassDEP File#:242-1601
WPA Form 5-Order of Conditions eDEP Transaction#:598709
Massachusetts Wetlands Protection Act M.G.L.c. 131, §40
City/Town:NORTH ANDOVER
i
7.o Bordering Land Subject to Flooding
t
a square feet b.square feet c.square feet d.square feet
Cubic Feet Flood Storage i
o
e.cubic feet f.cubic feet g.cubic feet h.cubic feet i``
i.
8.o Isolated Land Subject to Flooding is
a square feet b.square feet
Cubic Feet Flood Storage 1'
c.cubic feet d.cubic feet e.cubic feet f.cubic feet
9.o Riverfront Area
a total sq.feet b.total sq.feet
Sq ft within 100 ft t
c.square feet d.square feet e.square feet f.square feet f`
Sq ft between 100-200 ft
g.square feet h.square feet i.square feet j.square feet i
1
Coastal Resource Area Impacts:
Proposed Permitted Proposed Permitted
Resource Area Alteration Alteration Replacement Replacement 1
i;
10.o Designated Port Areas Indicate size under Land Under the Ocean,below t
11.L Land Under the Ocean
a.square feet b.square feet t'
r.
c.c/y dredged d.c/y dredged
12.o Barrier Beaches Indicate size under Coastal Beaches and/or Coastal Dunes below
13.L Coastal Beaches
a square feet b.square feet c.c/y nourishment d.c/y nourishment
,
14.o Coastal Dunes
a.square feet b.square feet c.c/y nourishment d.c/y nourishment i`
t
15.L Coastal Banks i.
a.linear feet b.linear feet
16.o Rocky Intertidal Shores r
a square feet b.square feet t
17.o Salt Marshes
a.square feet b.square feet c.square feet d.square feet
i
18.o Land Under Salt Ponds
a square feet b.square feet
c.c/y dredged d.c/y dredged
19.L Land Containing Shellfish
Page 3 of 10*ELECTRONIC COPY
1
f
F;
l
i
i
ii,
N."'Ill Massachusetts Department of Environmental Protection Provided by MassDEP:
NIs
Bureau of Resource Protection-Wetlands MassDEP File#:242-1601
WPA Form 5 - Order of Conditions eDEP Transaction#:598709
Massachusetts Wetlands Protection Act M.G.L.c. 131, §40 City/Town:NORTH ANDOVER ''
a.square feet b.square feet c.square feet d.square feet
Indicate size under Coastal Banks,inland Bank,Land Under the
20.o Fish Runs Ocean,and/or inland Land Under Waterbodies and Waterways,
above
c.c/y dredged d.c/y dredged
i
21.o Land Subject to Coastal Storm Flowage
a.square feet b.square feet l.
Z
t
22. i'
o Restoration/Enhancement(For Approvals Only)
If the project is for the purpose of restoring or enhancing a wetland resource area in addition to the square footage that has been
entered in Section B.5.c&d or B.17.c&d above,please entered the additional amount here.
i;
a.square feet of BVW b.square feet of Salt Marsh
i
23.
o Streams Crossing(s) is
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
is
1. Failure to comply with all conditions stated herein,and with all related statutes and other regulatory measures,shall be deemed z
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
i.
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, t
t
state,or local statutes,ordinances,bylaws,or regulations. k'
4. The work authorized hereunder shall be completed within three years from the date of this Order unless either of the following t
apply:
a.the work is a maintenance dredging project as provided for in the Act;or
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. i
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.
r
6. If this Order constitutes an Amended Order of Conditions,this Amended Order of Conditions does not exceed the issuance t
date of the original Final Order of Conditions.
7. Any fill used in connection with this project shall be clean fill.Any fill shall contain no trash,refuse,rubbish,or debris,including
but not limited to lumber,bricks,plaster,wire,lath,paper,cardboard,pipe,tires,ashes,refrigerators,motor vehicles,or parts of
any of the foregoing.
8. This Order is not final until all administrative appeal periods from this Order have elapsed,or if such an appeal has been taken,
until all proceedings before the Department have been completed.
Page 4 of 10*ELECTRONIC COPY
i
i
tt
s,
tr
E„„
k
f
1:
t'.`
gg
Y.
Massachusetts Department of Environmental Protection Provided by MassDEP:
Bureau of Resource Protection-Wetlands MassDEP File#:242-1601
1L,..
1
WPA Form 5 -Order of Conditions eDEP Transaction#:598709
Massachusetts Wetlands Protection Act M.G.L.c. 131, §40 City/Town:NORTH ANDOVER 1
n
9. No work shall be undertaken until the Order has become fmal 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, '
as
"Massachusetts Department of Environmental Protection"
[or'MassDEP"]
File Number:"242-1601" '•
11. Where the Department of Environmental Protection is requested to issue a Superseding Order,the Conservation Commission i
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.
i
14. Any change to the plans identified in Condition#I3 above shall require the applicant to inquire of the Conservation Commission
in writing whether the change is significant enough to require the filing of a new Notice of Intent.
15. The Agent or members of the Conservation Commission and the Department of Environmental Protection shall have the right to
enter and inspect the area subject to this Order at reasonable hours to evaluate compliance with the conditions stated in this
Order,and may require the submittal of any data deemed necessary by the Conservation Commission or Department for that ry
evaluation.
16. This Order of Conditions shall apply to any successor in interest or successor in control of the property subject to this Order and
to any contractor or other person performing work conditioned by this Order.
17. Prior to the start of work,and if the project involves work adjacent to a Bordering Vegetated Wetland,the boundary of the ;,,iii
wetland in the vicinity of the proposed work area shall be marked by wooden stakes or flagging.Once in place,the wetland
boundary markers shall be maintained until a Certificate of Compliance has been issued by the Conservation Commission.
18. All sedimentation barriers shall be maintained in good repair until all disturbed areas have been fully stabilized with vegetation or
other means.At no time shall sediments be deposited in a wetland or water body.During construction,the applicant or his/her '
designee shall inspect the erosion controls on a daily basis and shall remove accumulated sediments as needed.The applicant
shall immediately control any erosion problems that occur at the site and shall also immediately notify the Conservation
Commission,which reserves the right to require additional erosion and/or damage prevention controls it may deem necessary.
Sedimentation barriers shall serve as the limit of work unless another limit of work line has been approved by this Order.
NOTICE OF STORMWATER CONTROL AND MAINTENANCE REQUIREMENTS
19. The work associated with this Order(the"Project")is(1) 0 is not(2)E subject to the Massachusetts Stormwater Standards.
If the work is subject to Stormwater Standards,then the project is subject to the following conditions;
zf;
a) All work,including site preparation,land disturbance,construction and redevelopment,shall be implemented in accordance
with the construction period pollution prevention and erosion and sedimentation control plan and,if applicable,the
Stormwater Pollution Prevention Plan required by the National Pollutant Discharge Elimination System Construction General
Permit as required by Stormwater Standard 8.Construction period erosion,sedimentation and pollution control measures and
best management practices(BMPs)shall remain in place until the site is fully stabilized.
b) No stormwater runoff may be discharged to the post-construction stormwater BMPs unless and until a Registered i`
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
Page 5 of 10*ELECTRONIC COPY '''
,
f:
r
1`
t'
E i,, ,,,1 1 Massachusetts Department of Environmental Protection Provided by MassDEP:
Bureau of Resource Protection-Wetlands MassDEP File#:242-1601
WPA Form 5 - Order of Conditions eDEP Transaction#:598709 i;
Massachusetts Wetlands Protection Act M.G.L.c. 131,§40 CitylTown:NORTH ANDOVER k`
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 t.
erosion. i t
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 t'
i
Maintenance Compliance Statement("O&M Statement")for the Stormwater BMPs identifying the party responsible for i
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 stonnwater 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 1
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 i
responsibility for maintaining each BMP.To overcome this presumption,the landowner of the property must submit to the 1`
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 1,
purposes of implementing the requirements of Conditions 19(f)through 19(k)with respect to that BMP.Any failure of the
,
proposed responsible party to implement the requirements of Conditions 19(f)through 19(k)with respect to that BMP shall
be a violation of the Order of Conditions or Certificate of Compliance.In the case of stormwater BMPs that are serving more
than one lot,the legally binding agreement shall also identify the lots that will be serviced by the stormwater BMPs.A plan and
easement deed that grants the responsible party access to perform the required operation and maintenance must be submitted
along with the legally binding agreement. (
i
f) The responsible party shall operate and maintain all stormwater BMPs in accordance with the design plans,the O&M Plan, g
and the requirements of the Massachusetts Stormwater Handbook. E
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); t
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 t'
that the responsible party is in compliance with the requirements for each BMP established in the O&M Plan approved by r
t
the issuing authority.
h) All sediment or other contaminants removed from stonnwater BMPs shall be disposed of in accordance with all applicable
federal,state,and local laws and regulations. f
i) Illicit discharges to the stormwater management system as defined in 310 CMR 10.04 are prohibited. ,:
Y
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 i`
t
without the prior written approval of the issuing authority.
I) Access for maintenance,repair,and/or replacement of BMPs shall not be withheld.Any fencing constructed around
stormwater BMPs shall include access gates and shall be at least six inches above grade to allow for wildlife passage.
Page 6 of 10*ELECTRONIC COPY
t
(
. . . �
(
[
(
Massachusetts Departmeto Environmental Protection Provided by Mass D e
Bureau of Resource P ae{o! n-Wep+ @as DE File#:31601
• e E Transaction 4:59 g+WPA Form 5 -Order of Conditions
Q%JowngORTH ANDOVER `
(
Massachusetts Wetlands Protection Act M.G.L.c. O G #m (
(
Special Conditi m:
SEE ATTACHED. [
I
t
(
[
{
� (
(
{
[
(
(
[
(
(
[
(
{
Page 7o10*ELECTRONIC COPY
[
{
[
t;
Ii;
Y`.
Massachusetts Department of Environmental Protection Provided by MassDEP:
Bureau of Resource Protection-Wetlands MassDEP File#:242-1601
L
k(
NI-
WPA Form 5 -Order of Conditions eDEP Transaction#:598709 ;`
City/Town:NORTH ANDOVER
Massachusetts Wetlands Protection Act M.G.L.c. 131,§40 1'
D. Findings Under Municipal Wetlands Bylaw or Ordinance
1. Is a municipal wetlands bylaw or ordinance applicable?a Yes o No 2. The Conservation Commission herebv(check one that applies):
a. o DENIES the proposed work which cannot be conditioned to
meet the standards set forth in a municipal ordinance or bylaw specifically:
1.Municipal Ordinance or Bylaw 2.Citation
11:?
Therefore,work on this project may not go forward unless and until a revised Notice of Intent is submitted which provides i
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: ``
b. APPROVES the proposed work,subject to the following
additional conditions. r
1.Municipal Ordinance or Bylaw NORTH ANDOVER 2.Citation CHAPTER 178 i
p Y WETLANDS BYLAW i
1
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 li
proposals submitted with the Notice of Intent,the conditions shall control.
The special conditions relating to municipal ordinance or bylaw are as follows:
SEE ATTACHED. i
t
I
i
I
I
Is
z,
(
I
1.:
i
I
F
I
(
f
i
8
i
t
Page 8 of 10*ELECTRONIC COPY
,
f
r
A:
f
t--
Massachusetts Department of Environmental Protection Provided by MassDEP:
Bureau of Resource Protection-Wetlands MassDEP File#:242-1601 i,
WPA Form 5-Order of Conditions eDEP Transaction#:598709 i
LI C ity/Town:NORTH ANDOVER Massachusetts Wetlands Protection Act M.G.L.c. 131,§40 i
l
E. Signatures
This Order is valid for three years from the date of issuance,unless otherwise specified
9- 9-S- t3 ,.
pursuant to General Condition#4.If this is an Amended Order of Conditions,the Amended 1.Date of O ' inal Order ii
Order expires on the same date as the original Order of Conditions. ce
Please indicate the number of members who will sign this form.This Order must be signed by 2.Number of Signers
a majority of the Conservation Commission. t
t
The Order must be mailed by certified mail(return receipt requested)or hand delivered to the applicant.A copy also must be mailed f+
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.
l
Signa
1 • , 4A1I 1 I/ , ,
/ L t
c___.....
w
i
3
o by hand delivery on 34y certified mail,return receipt requested,on l
. /
q ei /3 t
Date Date t;
F. Appeals
The applicant,the owner,any person aggrieved by this Order,any owner of land abutting the land subject to this Order,or any ten
residents of the city or town in which such land is located,are hereby notified of their right to request the appropriate MassDEP
Regional Office to issue a Superseding Order of Conditions.The request must be made by certified mail or hand delivery to the
Department,with the appropriate filing fee and a completed Request for Departmental Action Fee Transmittal Form,as provided in
310 CMR 10.03(7)within ten business days from the date of issuance of this Order.A copy of the request shall at the same time be
sent by certified mail or hand delivery to the Conservation Commission and to the applicant,if he/she is not the appellant. fi
I.
Any appellants seeking to appeal the Department's Superseding Order associated with this appeal will be iequired to demonstrate prior
participation in the review of this project.Previous participation in the permit proceeding means the submission of written information to
the Conservation Commission prior to the close of the public hearing,requesting a Superseding Order,or providing written information
to the Department prior to issuance of a Superseding Order.
i
The request shall state clearly and concisely the objections to the Order which is being appealed and how the Order does not
contribute to the protection of the interests identified in the Massachusetts Wetlands Protection Act(M.G.L.c. 131,§40),and is ,
inconsistent with the wetlands regulations(310 CMR 10.00).To the extent that the Order is based on a municipal ordinance or bylaw,
and not on the Massachusetts Wetlands Protection Act or regulations,the Department has no appellate jurisdiction.
Page 9 of 10*ELECTRONIC COPY
s
t
K
i
h
l
1
t
Massachusetts Department of Environmental Protection Provided by MassDEP: §`
Bureau of Resource Protection-Wetlands MassDEP File#:242-1601
WPA Form 5 - Order of Conditions eDEP Transaction#:598709
a
City/Town:NORTH ANDOVER
{
L Massachusetts Wetlands Protection Act M.G.L.c. 131,§40
f
G. Recording Information
This Order of Conditions must be recorded in the Registry of Deeds or the Land Court for the district in which the land is located,
within the chain of title of the affected property.In the case of recorded land,the Final Order shall also be noted in the Registry's
Grantor Index under the name of the owner of the land subject to the Order.In the case of registered land,this Order shall also be
noted on the Land Court Certificate of Title of the owner of the land subject to the Order of Conditions.The recording information on
l
this page shall be submitted to the Conservation Commission listed below.
NORTH ANDOVER t`
Conservation Commission
is
Detach on dotted line,have stamped by the Registry of Deeds and submit to the Conservation Commission.
To:
NORTH ANDOVER F
Conservation Commission
Please be advised that the Order of Conditions for the Project at:
i
COTUIT STREET&LEYDEN STREET 242-1601 t°
Project Location MassDEP File Number
Has been recorded at the Registry of Deeds of:
County Book Page ''
for.
Property Owner ROBERT J.BURKE TRUST 4,
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
a;
Signature of Applicant Rev.4/1/2010
Page 10 of 10*ELECTRONIC COPY
4
i
1
DEP FILE#242 - 1601
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 f
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 F.
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.
1
GENERAL CONDITIONS
I
i
20. The proposed work includes: construction of four townhouse units on two lots,
stormwater management infrastructure, underground utilities, and associated
clearing, grading and landscaping, portions of which are within the Buffer Zones to
Bordering Vegetated Wetland (BVW) associated with an intermittent stream.
21. The work shall conform to the following (except as noted in the remainder of this ri+
document where revisions may be required):
Applicant: John Burke
14 Chickering Road is
North Andover, MA 01845 {'
l
Property Owner: Robert J. Burke Trust
C/o R.H. Harrington, Trustee
600 Clark Street, 4th Floor
Tewksbury, MA 01876 &`i.
Notice of Intent
prepared by Benjamin Osgood,Jr. :.
Pennoni Associates, Inc. t
13 Branch Street, Suite 103
Methuen, MA 01844
Dated: July 31, 2013
{
Site Plans prepared by Pennoni Associates, Inc.
Title: Site Plan Cotuit & Leyden Streets
North Andover, Massachusetts 1
Sheets: 1-6
Last Revised: 9/12/13 &9/23/13 (Sheet 3)
Stamped by Benjamin C. Osgood,Jr., P.E.
Stormwater Analysis and
Calculations prepared by: Pennoni Associates, Inc. ,
Date: September 12, 2013 f
1.
242-1601,Cotuit&Leyden Street Townhouses 1 NACC 9/26/2013
u:
i
DEP FILE#242 - 1601
f
Stormwater Review: Lisa Eggleston
Eggleston Environmental
32 Old Framingham Road, Unit #29 (H
Sudbury, MA 01776 t'
Review letter dated: September 19, 2013;
i
Inspection & Maintenance I
Manual prepared by: Pennoni Associates, Inc.
Date: September 12, 2013
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 k
takes place prior to the issuance of a Certificate of Compliance.
i
23. The conditions of this decision shall apply to, and be binding upon, the applicant, x
owner, its employees and all successors and assigns in interest or control. These
obligations shall be expressed in covenants in all deeds to succeeding owners of
portions of the property.
t
24. Failure to comply with all conditions stated herein, and with all related statutes and a'
4
other regulatory measures, shall be deemed cause to revoke or modify this Order.
R
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) i
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 1
}
be halted on the site if the NACC, agent or DEP determines that any of the work is not is
in compliance with this Order of Conditions. Work shall not resume until the NACC i`
is satisfied that the work will comply and has so notified the applicant in writing.
,
26. This Order does not relieve the permittee or any other person of the necessity of
complying with all other applicable federal, state or local statutes, ordinances,by-laws
or regulations.
r
27. The work authorized hereunder shall be completed within three years from the date of
this order.
242-1601,Cotuit&Leyden Street Townhouses 2 NACC 9/26/2013
i
DEP FILE#242 - 1601
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
s
or information so warrant. t
30. This order is issued in addition to DEP File #242-1261 which originally permitted eight
(8) townhouses. The permit is now expired. A Certificate of Compliance is under
consideration for the four constructed townhouses (of the eight proposed) and the
stormwater management structures constructed under the prior order.
I
31. Where the Department of Environmental Protection (DEP) is requested to make a I'
determination and to issue a Superseding Order, the Conservation Commission shall
be a party to all agency proceedings and hearings before the Department.
32. Any future project which proposes a wetland crossing in order to access certain
portions of the property will not be qualified as a limited project roadway under 310
CMR 10.53(e).
i
33. The following wetland resource areas are affected by the proposed work: Buffer Zone
to Bordering Vegetated Wetland (BVW) associated with an intermittent
drainage/stream channel. 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.
z
34. The NACC agrees with the applicant's delineation of the wetland resource areas on
the site as shown on the plans dated referenced herein. i.
tw
35. The NACC finds that the intensive use of the upland areas and buffer zone proposed
on this site will cause further alteration of the wetland resource areas. In order to
prevent any alteration of wetland resource areas a twenty five foot (25') No-
Disturbance Zone and a fifty foot (50') No-Construction Zone shall be established from
the edge of Bordering Vegetated Wetland (BVW). The Conservation Administrator
and/or other agents of the NACC do not have the authority to waive these setbacks as
established under the local bylaw. No disturbance of existing grade, soils or
vegetation is permitted in the No-Disturbance zone.
36. This document shall be included in all construction contracts, subcontracts, and
specifications dealing with the work proposed and shall supersede any conflicting
y
contract requirements. The applicant shall assure that all contractors, subcontractors,
and other personnel performing the permitting work are fully aware of the permits
242-1601,Cotuit&Leyden Street Townhouses 3 NACC 9/26/2013
i.
t
DEP FILE#242 - 1601
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.
x,
z
37. 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 I
system and that said Town shall not be liable for any damage in the event of failure. l
By acceptance of this Order, the owners agree to indemnify and hold harmless to the
Town and its residents for any damage attributable to alterations undertaken on this
property pursuant to the Order. Issuance of these Conditions does not in any way
imply or certify that the site or downstream areas will not be subject to flooding, storm
damage or any other form of water damage. Maintenance of the drainage system, if
accepted by the Town as part of a public way,becomes the responsibility of the Town.
i
PRIOR TO CONSTRUCTION
k
38. 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.
39. 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 t'
Certificate of Title of the owner of the land upon which the proposed work is to be
done. The recording information shall be submitted to the North Andover
Conservation Commission on the form at the end of this Order prior to
commencement of the work. Any Order not recorded by the applicant before work
k:
commences may be recorded by the NACC at the applicant's expense.
40. A sign shall be displayed at the site not less than two square feet or more than three t
square feet in size bearing the words "Massachusetts DEP, File Number 242-1601."
41. 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.
t
242-1601,Cotuit&Leyden Street Townhouses 4 NACC 9/26/2013
i
i
DEP FILE #242 - 1601
42. 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.
43. Prior to any work commencing on-site,the applicant shall submit to the NACC for
approval, a detailed sequence of construction, including the installation of all
sedimentation/erosion control measures, clearing, grading, foundation installation,
paving, and all other site work through final stabilization.
44. Wetland flagging shall be checked prior to start of construction and shall be re-
established where missing. All wetland flagging shall remain visible and enumerated
per the approved plan(s) throughout the life of the project and until a Certificate of
Compliance is issued so that erosion control measures can be properly placed and
wetland impacts can be monitored. The proposed limit of work shall be shall be
clearly marked with erosion controls or temporary fencing and shall be confirmed by
the NACC. Such barriers shall be checked and replaced as necessary and shall be
maintained until all construction is complete. Workers should be informed that no use
of machinery, storage of machinery or materials, stockpiling of soil, or construction
activity is to occur beyond this line at any time. x
45. Staked hay bales and trenched siltation fence, as detailed on Sheet 6 of 6 in the plans
referenced herein, shall be placed between all construction areas and wetlands. The
erosion control barriers and erosion control measures will be properly installed and
placed as shown on the plans approved and referenced herein and shall be inspected 4'
and approved by the NACC or its agent prior to the start of construction and shall
R
remain intact until all disturbed areas have been permanently stabilized to prevent
erosion. All erosion prevention and sedimentation protection measures found i
necessary during construction shall be implemented at the direction of the NACC or
its agent. The NACC reserves the right to impose additional conditions on portions of
this project to mitigate any impacts which could result from site erosion, or any
noticeable degradation of surface water quality discharging from the site For
example, installation of erosion control measures may be required in areas not shown
on the plan(s) referenced in this Order of Conditions. Should such installation be
required by the NACC, they shall be installed within 48 hours of the Commission's
request.
'
46. The applicant shall have on hand at the start of any soil disturbance, removal or
stockpiling, a minimum of 10 hay bales and sufficient stakes for staking these bales.
Said bales shall be used only for the control of emergency erosion problems and shall
not be used for the normal control of erosion.
47. A check payable to the Town of North Andover shall be provided in the amount of
$7,500 which shall be in all respects satisfactory to Town Counsel,Town Treasurer,
and the NACC, and shall be posted with the North Andover Town Treasurer through
1
i
242-1601,Cotuit&Leyden Street Townhouses 5 NACC 9/26/2013
i
1
DEP FILE#242 - 1601
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 t
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 1
under the authority of the local ByLaw. W
i
K
48. The applicant shall be responsible for placing signs on each parcel,where there is
more than one (1) lot, designating the applicable lot number as depicted on the plans
approved and referenced herein.
49. The applicant shall designate a Wetland Scientist (or other environmental professional
as approved by the NACC or its agent) as an"Erosion Control Monitor" to oversee
any emergency placement of controls and regular inspection or replacement of
sedimentation control devices. The name and phone number of the erosion control ?''ll''
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 I
weekends. Proof of the retained monitor must be submitted to the Conservation 1
Department on letterhead by the retained consulting firm. This person shall be given
the authority to stop construction for erosion control purposes. The Environmental j
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.
50. 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 f;
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 I;`
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.
i
i
51. Prior to construction, the applicant shall permanently mark the edge of the "25' No- r
t
Disturbance Zone" on all delineated wetlands (where not already marked or where
the wetland line has changed) with signs or markers spaced evenly every 30 feet ,
incorporating the following text: "Protected Wetland Resource Area" and the
associated rules (1 square for every 3 round markers). These markers will designate
242-1601,Cotuit&Leyden Street Townhouses 6 NACC 9/26/2013
1
i
,
ill
DEP FILE#242 - 1601
the sensitivity of the resource area and assure no further inadvertent encroachment
t
into the wetland. These permanent markers are subject to review and approval by the
NACC. The applicant shall instruct all agents to explain these markers to
buyers/lessees/landscapers and all persons taking over the property from the 1'
applicant. These markers shall remain posted and be replaced as necessary in
perpetuity. Markers are available from the Conservation Department ($2 round and F'
i
$3 square).
52. The applicant and/or the legal owner of that portion of land upon which these Orders
of Conditions have been placed shall provide to the NACC prior to transferring, or
t
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 I
condition. This document shall apply to each of the conditions referenced herein and i;
shall be provided to the Conservation Department at least five (5) business days prior
to the closing of said land transaction.
i
53. Once these above mentioned pre-construction requirements are complete, the
applicant shall contact the Conservation Office prior to site preparation or s''
construction and shall arrange an on-site conference with an NACC representative,the Y
contractor, the environmental monitor, and the applicant to ensure that all of the
Conditions of this Order are understood. This Order shall be included in all
construction contracts, subcontracts, and specifications dealing with the work
proposed and shall supersede any conflicting contract requirements. The applicant f
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
i
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 f
I
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).
z
I STORMWATER MANAGEMENT CONDITIONS
54. All construction and post-construction stormwater management shall be conducted in
accordance with supporting documents submitted with the Notice of Intent, the
Department of Environmental Protection Stormwater Management Standards, and as
approved by the NACC in this Order of Conditions.
3
55. All stormwater best management practices shall be maintained as specified in the
Inspection and Maintenance Manual submitted with the Notice of Intent and ,
incorporated in the Order of Conditions. Evidence of maintenance of the stormwater
t
242-1601,Cotuit&Leyden Street Townhouses 7 NACC 9/26/2013 p,
r
E
i
DEP FILE#242 - 1601 t
management system shall be provided to the NACC on an annual basis by a
Registered Professional Civil Engineer. The first report shall be submitted to the
NACC one year after the first stormwater structure goes on-line and annual reports
must continue to be submitted until a COC is obtained. Maintenance bills submitted i
i
by cleaning contractors (catch basins, etc.) shall be submitted with annual engineering
reports. Following the issuance of a COC Stormwater Management System Inspection
and Maintenance Logs (as provided in the Inspection & Maintenance Manual) and/or
proof of annual maintenance activities for all stormwater structures and activities shall t
be maintained for a prior 5 year period and shall be available upon request for review
by the NACC or its agent in perpetuity.
1
1
56. Temporary and/or permanent basins and swales being used for sedimentation and
dewatering during construction shall be cleaned of sediment when levels exceed six
(6) inches. The basins shall be cleaned of sediment prior to final grading and
construction of permanent stormwater structures.
G
57. All roof runoff shall be directed to the infiltrators to provide groundwater recharge, as
shown on the approved plans referenced herein.
58. There shall be no increase in the post development discharges from the storm drainage
i
system or any other changes in post development conditions that alter the post
development watershed boundaries as currently depicted in the Notice of Intent and
approved by this Order of Conditions, unless specifically approved in writing by the
Commission.
59. 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
60. Stormwater infiltration basins shall not be used for snow stockpiling.
61. As proposed by the applicant, a Condominium Association shall be established and be
responsible for the implementation of the Inspection & Maintenance Manual as
referenced and attached herein. This condition shall remain in perpetuity to this ''
Order. Written agreements of all conditions required in perpetuity of this Order,
t
inclusive of all stormwater maintenance agreements, shall be submitted to the NACC "
upon completion of construction and prior to the issuance of a certificate of
compliance.
62. Prior to the issuance of the Certificate of Compliance, and the Condominium
Association assuming responsibility, the applicant shall be responsible for cleaning all
stormwater structures, in accordance with the "Inspection & Maintenance Manual"
and the associated stormwater management conditions referenced herein.
{{2
z
242-1601,Cotuit&Leyden Street Townhouses 8 NACC 9/26/2013
t
i
tr
DEP FILE #242 - 1601
is
DURING CONSTRUCTION
i
1
63. IMPORTANT: Immediately upon completion of the house foundation, and prior to
further construction activities associated with the site,the applicant shall complete a
plan prepared by a Registered Professional Land Surveyor of the Commonwealth 4'
(R.P.L.S.) which accurately depicts the foundation location and its proximity to
wetland resource areas as approved under this Order of Conditions. Said plan shall
be submitted to the Conservation Administrator for approval. Failure to comply may
result in a stop work order for the site. "'
i
64. Upon beginning work, the applicant shall submit written monthly 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.
65. Catch basins within fifty feet (50') of construction will be protected with silt sacks.
1
66. De-watering activities are not proposed. No discharge of water is allowed directly
into an area subject to jurisdiction of the Wetlands Protection Act and/or the North
Andover Wetland Bylaw. If emergency de-watering requirements arise, the applicant
shall submit a contingency plan to the Commission for approval,which provides for f
the pumped water to be contained in a settling basin, to reduce turbidity prior to
discharge into a resource area.
E
67. Temporary construction entrances shall be installed as detailed on Sheet 6 of the
herein referenced plan. If material is tracked beyond the construction entrances onto
the adjacent roadways, it will be swept up daily
68. 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.
t
69. All exposed soil finish grade surfaces shall be immediately landscaped and stabilized, i
ar
or loamed, seeded and matted. All disturbed areas must be graded, loamed and
seeded prior to November 1st of each year. Outside of the growing season, exposed
soil finish grade surfaces shall be stabilized with jute matting or by other means
approved by the NACC until climate conditions allow for seeding. No exposed area
shall remain unfinished for more than thirty (30) days, unless approved by the NACC.
70. 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.
242-1601,Cotuit&Leyden Street Townhouses 9 NACC 9/26/2013
i
1
DEPFILE #242 - 1601
71. There shall be no stockpiling of soil or other materials within fifty (50) feet of any
resource area Stockpile areas are designated on Plan Sheet 3 of 6. Changes in stockpile
location shall be approved by the Conservation Department.
I
72. Washings from concrete trucks, or surplus concrete, shall not be directed to, any
drainage system, or wetland resource area Truck washing shall not occur within
jurisdictional areas unless the designated area and a plan for containment of sediment
are approved by the Conservation Department in advance.
73. 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
i
trash dumpsters will be allowed within 50' of areas subject to protection under the Act
or local ByLaw. 4
74. Accepted engineering and construction standards and procedures shall be followed in y
the completion of the project.
75. During and after work on this project, there shall be no discharge or spillage of fuel, or
other pollutants into any wetland resource area If there is a spill or discharge of any
pollutant during any phase of construction the NACC shall be notified by the
applicant within one (1) business day. No construction vehicles are to be stored within
100 feet of wetland resource areas, and no vehicle refueling, equipment lubrication, or
maintenance is to be done within 100 feet of a resource area
AFTER CONSTRUCTION
f
76. No underground storage of fuel oils shall be allowed on any lot within one-hundred
(100) feet of any wetland resource area This condition shall survive this Order of t
Conditions and shall run with the title of the property. This condition is issued under 4
the authority of the Town's Wetland protection ByLaw.
,
77. Fertilizers utilized for landscaping and lawn care shall be slow release, low-nitrogen
types (< 5%), and shall not be used within 25 feet of a resource area Pesticides and
herbicides shall not be used within 100 feet of a wetland resource area This condition f
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.
78. There shall be no dumping of leaves, grass clippings, brush, or other debris into a
wetland resource area or beyond the limits of clearing. This condition shall remain in
perpetuity. ,
242-1601,Cotuit&Leyden Street Townhouses 10 NACC 9/26/2013
1?;
DEP FILE#242 - 1601
79. 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. "'
r
80. Upon approved site stabilization by Conservation staff, the erosion controls shall be
removed and properly disposed of and all exposed un-vegetated areas shall be
seeded.
81. 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 1
work has been conducted as shown on the plan(s) and documents referenced
above, and as conditioned by the Commission.
i. An"As-Built" plan prepared and signed and stamped by a Registered Professional ,
Civil Engineer (and/or Registered Professional Land Surveyor) of the
Commonwealth,for the public record. This plan will include:
> "As-Built" post-development elevations of all drainage & stormwater
management structures constructed within 100 feet of any wetland resource
area. NOTE: If portions of the stormwater systems exist partially within the
Buffer Zone than the entire structure must be depicted to accurately verify
compliance.
tl'-
➢ "As-Built" post-development elevations and grades of all filled or altered
wetland resource areas including the encompassing buffer zone which is ,
regulated as a resource area under the local Wetland Protection Bylaw.
. Distances from structures to wetland resource areas. Structures include (but
are not limited to) septic systems, additions,fences, sheds, stone walls,
pools, retaining walls, subsurface utilities and decks.
i
242-1601,Cotuit&Leyden Street Townhouses 11 NACC 9/26/2013 l
'.
•
DEP FILE#242 - 1601
➢ 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.
82. The following special conditions shall survive the issuance of a Certificate of
Compliance (COC) for this project:
➢ 25' No-Disturbance Zone and a 50' No-Construction Zone shall be
established from the edge of adjacent wetland resource areas as approved
under DEP # 242-1601. Future work within 100' of existing wetland
resource areas will require a separate filing with the NACC. The
Conservation Administrator and/or other agents of the NACC do not have
the authority to waive these setbacks as established under the local ByLaw;
➢ Resource Area Markers (Condition #51);
➢ Stormwater Management System Maintenance (Condition#55 & #61);
➢ Discharge or spillage of pollutants (Condition#75);
➢ Prohibition of underground fuels (Condition #76);
➢ Limitations on the use of fertilizers, herbicides, and pesticides (Conditions
#77);
➢ There shall be no dumping of leaves, grass clippings, brush, or other debris
into a wetland resource area or beyond the limits of clearing (Condition
#78);
➢ "Inspection& Maintenance Manual" (see attached), including Best
Management Practices attached. No additional filings will be required to
conduct maintenance of the above referenced system and plan.
is
242-1601,Cotuit&Leyden Street Townhouses 12 NACC 9/26/2013
ti
DEP FILE#242 - 1601 W'
APPENDIX A- AFFIDAVIT
on oath do hereby depose and state:
(authorized agent applicant and/or current owner)
(PLEASE CHECK AT LEAST ONE BLOCK)
1. I am the 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 y'
(DEP File#) and every condition which has been set forth
in said Order of Conditions.
& s'
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)
242-1601,Cotuit&Leyden Street Townhouses 13 NACC 9/26/2013
E_:
k
f
i Inspection and Maintenance Manual
t
i
Construction Phase:
3
The BMPs associated with this project will be owned by the property owner during
construction, who will be responsible for inspection, operation and maintenance.
1. The contractor is to install and maintain drainage facilities as shown on plan.
2. Prior to construction, all erosion/siltation control devices shown on plan are to be t
installed. To prevent silt intrusion into the drainage system during construction,
the contractor is to install and maintain inlet protection at all catch basins, and i
set a silt fence and straw bales at all slopes which may erode in the direction of
any open drainage facilities. Such preventive measures are to be maintained
throughout the construction process.
3. Construction will follow the following construction sequence:
a. Install erosion and sediment controls as shown on plan prior to earth
moving operations.
b. Commence clearing and grubbing.
c. Cut and dispose of any debris produced during grubbing operations.
d. Perform earthwork operations. All cut and fill slopes shall be seeded and
mulched within 72 hours after being constructed. Disturbed areas should
be stabilized with grass by October 1St, so as not to be left exposed during
winter conditions. Disturbed areas which are not stabilized with grass prior '`
to October 1st shall be protected by installation of erosion control blankets.
e. Install site drainage and utilities.
f. Catch basins inlets shall be protected from sediment in accordance with
the design plans. Pipe outlets of the dry detention basin shall be protected
with straw bale check dams. Erosion controls shall remain until the entire
disturbed area is sufficiently stabilized.
g. Install binder paving of driveway and parking areas. K
h. Install site landscaping and permanent seeding of all disturbed areas.
i. After all seeded areas have established stable growth, all temporary k
erosion control measures shall be inspected and cleaned. Silt, sediment,
and debris shall be removed from the grass swale, sediment forebay,
infiltration basin and dry detention basin prior to installing final pavement. t
j. Contractor shall notify and coordinate with all authorities responsible for
inspections. It is the contractor's responsibility to obtain all required
inspection sign-offs.
4. Erosion controls are to be inspected and maintained for stability and operation
within 12 hours of each runoff-producing rainfall but in no case less than once
Drainage Report-R.doc
every week. Upon discovery of silt build-up in any catch basin sumps or other
structures, they are to be cleaned.
5. All exposed soils including soil stockpiles shall be immediately stabilized with a
layer of mulch straw or jute blankets-as needed for slopes steeper than 3:1.
6. For existing catch basin in Cotuit Street, inlet protection-as described on site
plans- shall be installed prior to beginning of construction and maintained during
all construction until ready for paving.
7. Clean silt and debris from the sediment forebay, infiltration basin and dry
detention basin prior to installing final surface treatment.
8. After paving is installed, it shall be swept clean on a regular basis.
9. All construction equipment shall be parked outside of the 100' buffer zone area
at the end of the day. All machinery found to be a potential source of a future
spill shall be removed from the construction site and repaired. Vehicles with
chronic or continuous leaks must be removed from the construction site and
repaired before returning to operations. No leaking of any material from =`
equipment or vehicles will be tolerated on the job site. Contractor is solely
responsible for any spills of hazardous materials and the subsequent cleanup
and disposal of waste and restoration of any contaminated areas. No refueling,
storage, servicing or maintenance of equipment shall take place within the 100'
buffer zone area. No refueling or servicing shall be done without absorbent
material or drip pans properly placed to contain spilled fuel.
is
r
F:.
Drainage Report-R.doc
3
f
7
Pennon' STORMWATER MANAGEMENT SYSTEM
Construction Phase Inspection and Maintenance Log
i
Date of
1311P Styste Date of, Cleaning/Repair Needed Cleaning
Component Inspection Inspector (List Items/Comments) Repair Performed by s
Pavement
Sweeping
Catch Basins
Drain
Manholes
r'r
Outlet Control
Structures
Drain Pipes
$
Swales
x
4
}
Sediment
Forebay
Infiltration
Basin
t
Detention
Basin
4
Silt Sack «`
f
4
Drainage Report-R.doc
3.
t
t
t
t
t1
t
I
Post-Development Phase:
The property owner is to be responsible for maintenance of all drainage structures in the project
including roof drains, catch basins, manholes, drain pipes and stormwater management
components. In the event of change of ownership, the I & M requirements shall be transferred
to the new owner.
Regular inspection maintenance is to include the following:
1. Inspection of all drainage facilities(catch basins, pipes, grass swale, sediment forebay,
infiltration basin and dry detention basin) on an annual basis. During these inspections,
the inspector(a registered professional civil engineer qualified in drainage systems as
designated by the owner) shall look for evidence of the following: structural damage, silt
accumulation, and improper function. A report on the system shall be delivered to the E
owner and a copy shall be kept at project site and available for inspection. >'
k
2. After inspection, if any of the above conditions exist, the inspector shall notify the owner
who shall immediately arrange for all necessary repairs and/or sediment removal.
i
f'.
3. The parking area is to be swept clean, as required (i.e., visually noticeable debris build- :.
up). A minimum of once per year, preferably just after snow melt. t
t
4. All graded slopes shall be inspected every spring for erosion. Upon discovery of any
failure (i.e. erosion), rip-rap/loam and seed shall be put in place and nurtured. Slopes
3
shall be mowed on an annual basis to prevent tree growth
f
5. During the winter months, all snow is to be stored such that snow melt is controlled
within the paved area and enters the stormwater treatment system.
Inspection Costs
The annual costs of implementing the required inspections and maintenance outlined in the
long term pollution prevention plan are expected to be as follows:
t!ti
• Quarterly inspection by a registered professional engineer $ 500 s
• Annual parking lot sweeping completed by homeowner $ 0
• Removal of trash and debris from pond areas by homeowners $ 0
i
• Removal of silt from swale, forbay, and infiltration basin $ 1000
• Annual mowing $ 1000
• Annual catch basin cleaning (by town) $ 0
t
Public Safety
The stormwater management system is designed as a passive system and when maintained
r
properly it should not pose any threat to public safety. Side slopes of the ponds and swales are
designed at grades which are not hazardous, water will not pond for excessive amounts of time
in the open treatment and storage devises, and the system can accommodate large storms so
that water will drain and not remain where it may be a hazard to vehicles.
x
1
Drainage Report-R.doc
t
i
F
f
L Q}
.a E �,
I_
LTI _0 C.) g r O .0 t
i
. 1r .T.
W• c O,c •
(7 , aO're
Z
.rte
v 4
W <:C' r
wfl. 0m f
N Z
C
re d r?
O W N f.
I-- DI C
f/) C
.0
0 ,
C {-
O OU i
v
0 CD
N _
en
C i
°
k.
cu
O IP
(n O O a) w
E O o_ a) ° .c
• d- < 9- fII E c — 73 i- E. >+ c •
�'. Q. ((U >+ c `C 4.= Q a) o a) = O_ c6 as 5' O
TS O 'a c a) 0 = 1- 0 (OA a) •N O — o a) N 0 O c E•a -a a c c - (a - Q.LO -C N � Q- 0 •°— -0 cB
Zr) ai E O tn a) a)0
C a) '' c (n c6 L 4— O c a) a) • 0 t'
✓ d) ` o a) 4- al 4— aEc a) .4- aEc a) .. is
N 0 (6 a) 4— ° . E E •Y cU (a -c a) co (a E o a)
a 0- O CU 0 U ° CU ° 3 O ° = 73 c „ LO = c .- N C3 >'
Cad c04- = -0 c°�) = = (3 0 cE ° av,) E cam ° ° ca (ate C15 i
• c u: a) ° •>, c c L (6 .L E 03 = o. 0) L (cu ' 0 0 a)
o _ F.
V E Q - a) a) a) Q U U i c Q.. O U U c 0 j �_ a c _c e:
C '4-'0- E � U .> O O O a .Q a) L E O .Q a) O L E + O 'O a) O
'a a) . .- Q. mEo.. E -0E °� v200a, o_u) 0 ° Eo_ a as
u) •> Eo_ — +. -a ._ Q as u) moo ( - 000 - _,F..CC � � �
II MUM
C • • • • • • • • • p...
4-, ^L` •N W c L ^V^''' k
Tcs 21 u) 0.
j
k
0 n03 rip
7Jcn0 co m
=p' p -1 cn CD _Q- -. N 3z
pi. g \* ,
•
• 3
s 0.Cv ° =
si) _,• 775 0 C ' Q. oh CD Q5 OCQ S - 70 = _ 1.
Q� 2) E CD OCO � �' co-0V (n ' * � 3 "' 0 x10 to o � � o
= vo nO) ovaQ0 ° t� 4. 1 ° 3E) 3 _ ocrt� n' D n � ° a C �
_, ( (D (D G o (D . _n ! .v G D (D � �D N �" C =~ = �
, G D N Eh C. Q. D) -1:3 (D ID co N(1)
C D CQ 9 o = 0- D c C( < c„ 0 2) _
(0• a D
sn f o CD N -0 (D tD O C D S N D CD 4) Er D = 3 `< to D X
n (c9' Q v ° `G Q <( v DD = .La o sll n D
,. ,(D o o 0, Q n `< a 520< ° o O • C•Q p v t 2 5 D. m' ° E ff N 71;' -) X c Q < O x ° 10 5 3 , o B — (n * tD Q
� ° m ° h o = sv-a 0. 0 O Z sy 0.. 2) -s Q 0 Ro v °
= S . cm 5 C n( 0- f - ' 0 t s'n m z ( CD w m
• n CD
''' O 5
7
Cn
N
k 73 o
II
O O
-. 7
1
n 4:
t
74:
a) -I
n cp 70
0 co
G
Cn D
(
tD DD CD M
rn
rt Q rt
N CD 0 g j.
a. a > •
a
Z •
(DD a
iv.E rn ``
rn
c� ...p. (DZ r
tti m
Cr C 22 r° su - oE s c r
D C/� ' co
,
t
P==
i