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HomeMy WebLinkAboutMiscellaneous - 358 DALE STREET / ' 4'€ Massachusetts Department of Environmental Protection Bureau of Resource Protection -Wetlands DEP File Number: 1 WPA Form 8B - Certificate of Compliance 242-1552 Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 Provided by DEP A. Project Information Important: When filling out 1. This Certificate of Compliance is issued to: forms on the computer,use Stephen Smolak only the tab key Name to move your 762 Dale Street cursor-do not use the return Mailing Address key. North Andover MA 01845 City/Town State Zip Code lir 2. This Certificate of Compliance is issued for work regulated by a final Order of Conditions issued to: Stephen Smolak Name May 5, 2012 242-1552 Dated DEP File Number 3. The project site is located at: 358 Dale Street North Andover Street Address City/Town Map 64 Parcel 26 Assessors Map/Plat Number Parcel/Lot Number the final Order of Condition was recorded at the Registry of Deeds for: Edward Welch Property Owner(if different) Essex North 12965 246 County Book Page Certificate 4. A site inspection was made in the presence of the applicant, or the applicant's agent, on: 12/12/12 Date wpafrm8b.doc•rev.12/23/09 WPA Form 88,Certificate of Compliance•Page 1 of 3 I Massachusetts Department of Environmental Protection Bureau of Resource Protection -Wetlands DEP File Number: WPA Form 8B - Certificate of Compliance 242-1552 Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 Provided by DEP B. Certification Check all that apply: ® Complete Certification: It is hereby certified that the work regulated by the above-referenced Order of Conditions has been satisfactorily completed. ❑ Partial Certification: It is hereby certified that only the following portions of work regulated by the above-referenced Order of Conditions have been satisfactorily completed.The project areas or work subject to this partial certification that have been completed and are released from this Order are: ❑ Invalid Order of Conditions: It is hereby certified that the work regulated by the above-referenced Order of Conditions never commenced. The Order of Conditions has lapsed and is therefore no longer valid. No future work subject to regulation under the Wetlands Protection Act may commence without filing a new Notice of Intent and receiving a new Order of Conditions. ® Ongoing Conditions: The following conditions of the Order shall continue: (Include any conditions contained in the Final Order, such as maintenance or monitoring, that should continue for a longer period). Condition Numbers: 72 C. Authorization Issued by: North Andover /,`,2 13 IQ Conservation Commission Date of Issuance 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://vvww.mass.gov/dep/about/region/findyour.htm). Signatu es: f‘1110.01 i' illit!� INV wpafrm8b.doc•rev.12/23/09 WPA Form 8B,Certificate of Compliance•Page 2 of 3 Massachusetts Department of Environmental Protection Bureau of Resource Protection - Wetlands DEP File Number: WPA Form 8B - Certificate of Compliance Massachusetts Wetlands Protection Act M.G.L. c. 131 40 242-1552 Provided by DEP D. Recording Confirmation The applicant is responsible for ensuring that this Certificate of Compliance is recorded in the Registry of Deeds or the Land Court for the district in which the land is located. Detach on dotted line and submit to the Conservation Commission. To: North Andover Conservation Commission Please be advised that the Certificate of Compliance for the project at: 358 Dale Street 242-1552 Project Location DEP File Number Has been recorded at the Registry of Deeds of: Essex North County for: Stephen Smolak Property Owner and has been noted in the chain of title of the affected property on: Date Book Page If recorded land, the instrument number which identifies this transaction is: If registered land, the document number which identifies this transaction is: Document Number -- Signature otAppllc wpafrm8b.doc•rev.12/23/09 WPA Form 8B,Certificate of Compliance•Page 3 of 3 ti' 1.°1 tr IR 1:{�•�;•,: Town of North Andover Zpl ZiAY ._°, �.,,;�,� Office of the Planning Department Pr9:2. 26 M , r Community Development and Services Divisi a I' rl�}j r,+',�1 �,SSActitist � 1600 Osgood Street 11�cS�,rti ., ' North Andover,Massachusetts 01845 (,"I NOTICE OF DECISION-REVISED Any appeal shall be filed within(20)days after the date of filing this notice in the office of the Town Clerk. Revised Date: May 7,2012 Date of Hearings: March 20,2012,April 3,2012,May 1,2012 Date of Decision: May 1,2012 Petition of: Stephen Smolak,762 Dale St.,North Andover,MA 01845 Premises Affected: 358 Dale Street,North Andover,Massachusetts,01845. Assessor's Map 64,Parcel 26 and located in the Residential 1 Zoning District. Referring to the above petition for a Watershed Special Permit from the requirements of the North Andover Zoning Bylaw,Sections 4.136&10.3. So as to allow the construction of a new single-family dwelling, with a driveway, landscaping, utilities, the installation of stormwater management system within the 325 foot Non-Discharge Zone of the Watershed Protection District, and grading and vegetation clearing within the 100 foot Non-Disturbance Zone of the Watershed Protection District. After a Public Hearing given on the above date, the Planning Board voted to APPROVE a Watershed Special Permit for the Watershed Protection District,based upon the following conditions: 'anning Board ohn Simons Timothy Seibert Michael Colantoni Dave Kellogg This is to certify that twenty(20)days have elapsed from date of decision,filed without filing an appeal. X711 sr/f I a?O/� .`.7‘as •Bradshaw Town Clerk • t 358 Dale Street,Map 64 Lot 26 Watershed Special Permit—New Single-Family Residence May 1,2012 The public hearing on the above referenced application was opened on March 20, 2012 closed by the North Andover Planning Board on May 1,2012. On May 1,2012 upon a motion made by D. Kellogg and seconded by T. Seibert to GRANT a Watershed Special Permit to allow the construction of a new single-family dwelling, with a driveway, landscaping, utilities and the installation of stormwater management system within the 325 foot Non-Discharge Zone of the Watershed Protection District,and grading and vegetation clearing within the 100 foot Non-Disturbance Zone of the Watershed Protection District, under the requirements of Section 4.136 & 10.3 of the North Andover Zoning Bylaw. The total amount of impervious area to be-created is 1,780 sq-ft, ofroof area-and — -1 2,178 sq. ft for the driveway. This Special Permit was requested by Stephen Smolak, 762 Dale Street, North Andover,MA 01845 on February 17,2012. The applicant submitted a complete application,which was noticed and reviewed in accordance with Section 10.52 of the Town of North Andover Zoning Bylaw and MGL Chapter 40A, Section 9. The motion to approve was subject to the FINDINGS OF FACTS and SPECIAL CONDITIONS set forth in Appendix A to this decision. The Planning Board vote was unanimous 4- 0. A special permit issued by the special permit granting authority requires a vote of at least four members of a five-member board. The applicant is hereby notified that should the applicant disagree with this decision, the applicant has the right, under MGL Chapter 40A, Section 17,to appeal to this decision within twenty days after the date this decision has been filed with the Town Clerk. In accordance with 4.136 the Planning Board makes the finding that the intent of the Bylaw, as well as its specific criteria are met. This decision specifically stated by the Planning Board makes the following FINDINGS OF FACT: 1) That as a result of the proposed construction in conjunction with other uses nearby,there will not be any significant degradation of the quality or quantity of water in or entering Lake Cochichewick. The Planning Board bases this finding on the following facts: a) The project is located within an extremely environmental sensitive area and in close proximity to E Lake Cochichewick. The final design reflects extensive discussions between the Town and applicant to ensure the continued protection of Lake Cochichewick and the safety and welfare of the residents of North Andover. i • b) The plan has been reviewed by Town Staff and the Town's consulting engineer,Lisa Eggleston,as evidenced by the letters from L. Eggleston dated March 20, 2012 and April 12, 2012. With the application of the erosion control measures and modifications to the drainage and stormwater management designs, the consultant concluded that there will not be significant degradation to the quality or quantity of water in or entering Lake Cochichewick.The site drainage system and storm water management design are designed in accordance with the Town Bylaw requirements. Further, adequate safeguards have been provided to mitigate pollutants from entering Lake Cochichewick through the installation/implementation of the following Best Management Practices relative to a single-family dwelling: i) The new dwelling unit plus driveway will create 3,958 sq. ft of new impervious area All of the roof runoff will be routed to an infiltration wells so that the stormwater runoff for entire roof area of the dwelling unit will be infiltrated. it A portion of the new driveway will consist of pervious pavement. Deed restrictions will be t required regarding maintenance for the driveway. 2 4 358 Dale Street,Map 64 Lot 26 Watershed Special Permit—New Single-Family Residence May 1,2012 iii) The applicant will install Town of North Andover Wetland Markers at the northern and eastern edge of the limit of clearing,as shown on the Plan. iv) The applicant will minimize the creation of lawn area and the clearing of existing vegetation. The applicant will also provide a landscape plan that will include identification of lawn areas, planting 'areas, areas of tree clearing and a list of proposed native plantings, including proposed trees. v) Fertilizers are limited to those which are either organic or slow-release nitrogen and phosphorous-free. This restriction will be noted on the deed. c) The Natural Heritage and Endangered Species Program (NHBSP)has determined that the project as currently proposed will not adversely affect the actual Resources Area Habitat, according to their letter of April 25,2012. d) The existing structure is connected to the Town sewer and water systems. 2) The lot was created prior to Januaty 9, 1957 and is thus granted limited grandfathering exemptions from dimensional requirements and is not subject to the Watershed Protection District zoning changes made in 1994. 3) There is no reasonable alternative location outside the General, Non-Disturbance, and the Discharge Zones for any discharge,structure or activity. 4) In addition, in accordance with Section 10.31 of the North Andover Zoning Bylaw, the Planning Board makes the following FINDINGS OF FACT: a) The specific site is an appropriate location for the proposed use as all feasible storm water and erosion controls have been placed on the site; b) The use will not adversely affect the neighborhood as the lot is Iocated in a Residential 1 Zoning District; c) There will be no nuisance or serious hazard to vehicles or pedestrians; d) Adequate and appropriate facilities are provided for the proper operation of the proposed use; e) The Planning Board also makes a specific finding that the use is in harmony with the general purpose and intent of the North Andover Zoning Bylaw. Upon reaching the above findings,the Maiming Board approves this Special Permit based upon the following SPECIAL CONDITIONS: 1)Permit Definitions: a) The"Locus"refers to the 64,487 sq. ft. parcel of land with frontage on Dale Street as shown on Assessors Map 64,Parcel 26,and also known as 358 Dale Street,North Andover,Massachusetts. b) The"Plans"refer to the plans prepared by Engineering and Surveying Services,dated February 16,2012,revised on March 27,2012,entitled"Site Plan,in North Andover,358 Dale Street,Map 64,Lot 26". 3 I 358 Dale Street,Map 64 Lot 26 Watershed Special Pennit—New Single-Family Residence May 1,2012 c) The"Project"or"358 Dale Street"refers to the construction of a new single-family dwelling, with a driveway, landscaping,utilities, the installation of stornnvater management system within the 325 foot Non-Discharge Zone of the Watershed Protection District,and grading and vegetation clearing within the 100 foot Non-Disturbance Zone of the Watershed Protection District.. d) The"Applicant"refers to Stephen Smolak,the applicant for the Special Permit. e) The"Project Owner"refers to the person or entity holding the fee interest to the title to the Locus from time to time,which can include but is not limited to the applicant,developer,and owner._ s 2) The Town Planner shall approve any changes made to these plans. Any changes deemed substantial by the Town Planner would require a public hearing and modification by the Planning Board. 3) Prior to the endorsement of the plan: a) The applicant shall incorporate the following conditions as a deed restriction and a copy of the recorded deed shall be submitted to the Town Planner and included in the file. i) Fertilizers are limited to those which are either organic or slow-release nitrogen and phosphorous-free. ii) The porous pavement portion of the driveway shall be cleaned using a vacuum sweeper and it shall not be seal-coated or otherwise covered with non-porous material. b) The applicant will provide copies of all Decisions, Notification and Orders of Conditions from the North Andover Conservation Commission. 4) Prior to start of construction or Site Work: • a) A performance guarantee bond of four thousand dollars ($4,000.00) made out to the Town of North Andover must be posted to insure that the construction, erosion control, measures, and performance of any other condition contained herein will take place in accordance with the plans and the conditions of this decision and to ensure that the as-built plans will be submitted. b) The applicant shall designate an independent Construction Monitor who shall be chosen in consultation with the Planning Department staff. The Construction Monitor shall submit weekly reports during the entire duration of the project and must be available upon four(4)hours notice to inspect the site with the Planning Board staff, The Planning Staff may reduce the frequency of reports upon review of such a request from the applicant. f< c) All erosion control measures as shown on the plan must be in place and reviewed by the Town N Planner and Conservation Department, Wetland markers will be located at the northern and eastern f edge of the limit of clearing,as defined on the Plan, d) Three(3)copies of the signed,recorded plans and the decision must be delivered to the Planning Department. i e) Yellow"Caution"tape must be placed along the limit of clearing and grading as shown on the plan. The Planning Staff must be contacted prior to any cutting and or clearing on site. }. 4 1 358 Dale Street,Map 64 Lot 26 Watershed Special Permit—New Single-Family Residence May 1,2012 f) A pre-construction meeting must be held with the developer,then construction employees,Planning Department and Building Department (and other applicable departments) to discuss scheduling of inspections to be conducted on the project and the construction schedule. g) A construction sequencing plan shall be provided, showing the construction phasing of the porous pavement. • 5) Prior to the issuance of a Building Permit: a) A landscape plan must be provided, showing the location of new lawn area, location of planting areas and a list of proposed plantings,which should be native species. 6) Prior to release of the Performance Bond: a) The applicant shall submit an as-built plan stamped by a Registered Professional Engineer in Massachusetts that shows all construction, including storm water mitigation structures and other pertinent site features. This as-built plan shall be submitted to the Town Planner for approval and must be provided in paper form as well as in SDF (Standard Digital File) format. The as-built shall also provide a calculation showing the increase in impervious area. The applicant must submit a certification from the design engineer that the site was constructed as shown on the approved plan. b) The Planning Board must by a majority vote make a finding that the site is in conformance with the approved plan. 7) No open burning shall be done except as is permitted during burning season under the Fire Department regulations. 8) The Contractor shall contact Dig Safe at least 72 hours prior to commencing excavation. 9) The provisions of this conditional approval shall apply to and be binding upon the applicant, ifs employees and all successors and assigns in interest or control. 10)This Special Permit approval shall be deemed to have lapsed May 1,2014. two years from the date of issuance) exclusive of the time required to pursue or await determination of any appeals, unless substantial use or construction has commenced within said two-year period. Substantial use or 1, construction will be determined by a majority vote of the Planning Board. 11) This decision must be filed with the North Essex Registry of Deeds. The following information is included and attached as part of this decision: a) Plan titled: "Site Plan,in North Andover,358 Dale Street, Map 64,Lot 26" Prepared for: Stephen Smolak 762 Dale Street North Andover,MA 01845 Prepared by Engineering and Surveying Services 70 Bailey Court Haverhill,MA 01832 Scale: 1"--=20' Date: February 16,2012 and revised March 27,2012 • 5 4, 1' 358 Dale Street,Map 64 Lot 26 Watershed Special Permit—New Single-Family Residence May 1,20I2 Sheets: 2 b) Stoimwater Report Date: February 17,2012 c). Letter from the Division of Fisheries and Wildlife to the North Andover Conservation Commission Dated:April 25,2012 cc: Director of Public Works Building Inspector Conservation Administrator Planning Board Police Chief =' Fire Chief Applicant Engineer File rY 6 • Massachusetts Department of Environmental Protection Provided by MassDEP: Bureau of Resource Protection-Wetlands MassDEP File#:242-1552 L , WPA Form 5-Order of Conditions eDEP Transaction#:467770 City/Town:NORTH ANDOVER Massachusetts Wetlands Protection Act M.G.L.c. 131,§40 A. General Information 1.Conservation Commission NORTH ANDOVER 2.Issuance a. F OOC b.fl Amended OOC 3.Applicant Details a.First Name STEPHEN b.Last Name SMOLAK c.Organization d.Mailing Address 762 DALE STREET e.City/Town NORTH ANDOVER f.State MA g.Zip Code 01845 4.Property Owner a First Name EDWARD b.Last Name WELCH c.Organization E C W TRUST d.Mailing Address 54 CHANDLER LEDGE ROAD e.City/Town MILAN f.State NH g.Zip Code 03588 5.Project Location a.Street Address 358 DALE STREET b.CityfFown NORTH ANDOVER c.Zip Code 01845 F, d.Assessors Map/Plat#64 e.Parcel/Lot# 26 f.Latitude 42.68303N g.Longitude 71.08713W 6.Property recorded at the Registry of Deed for: a.County b.Certificate c.Book d.Page NORTHERN ESSEX 3370 99 7.Dates a.Date NOI Filed:4/18/2012 b.Date Public Hearing Closed:4/25/2012 c.Date Of Issuance: 5/10/2012 8.Final Approved Plans and Other Documents a.Plan Title: b.Plan Prepared by: c.Plan Signed/Stamped by: d.Revised Final Date: e.Scale: SITE PLAN IN ENGINEERING AND NORTH ANDOVER, SURVEYING PATRICK L.BOWER,P.E. March 27,2012 1"=20' MA 358 DALE SERVICES STREET B. Findings Page 1 of 10* ELECTRONIC COPY { 3 Massachusetts Department of Environmental Protection Provided by MassDEP: ` Bureau of Resource Protection-Wetlands MassDEP File#:242-1552 ,:t:1 i ,--: WPA Form 5 rdr of Conditions eDEP Transaction#:467770 :, Massachusetts Wetlands Protection Act M.G.L.c. 131,§40 City/Town:NORTH ANDOVER 7.f 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.r Isolated Land Subject to Flooding a.square feet b.square feet Cubic Feet Flood Storage } c.cubic feet d.cubic feet e.cubic feet f.cubic feet 9.r Riverfront Area a total sq.feet b.total sq.feet Sq ft within 100 ft c.square feet d.square feet e.square feet f.square feet Sq ft between 100-200 ft g.square feet h.square feet i.square feet j.square feet si Coastal Resource Area Impacts: Resource Area Proposed Permitted Proposed Permitted Alteration Alteration Replacement Replacement g. 10.r Designated Port Areas Indicate size under Land Under the Ocean,below 11.r Land Under the Ocean a square feet b.square feet c.c/y dredged d.c/y dredged 12.r Barrier Beaches Indicate size under Coastal Beaches and/or Coastal Dunes below ' 13.r Coastal Beaches a square feet b.square feet c.ely nourishment d.c/y nourishment 1, 14.r Coastal Dunes a.square feet b.square feet c.c/y nourishment d.c/y nourishment 15.r Coastal Banks a linear feet b.linear feet 16.r Rocky Intertidal Shores a square feet b.square feet 17.r Salt Marshes i r a square feet b.square feet c.square feet d.square feet t! 18.r Land Under Salt Ponds a square feet b.square feet c.c/y dredged d.c/y'dredged 19.r Land Containing Shellfish Page 3 of 10* ELECTRONIC COPY 3 Massachusetts Department of Environmental Protection Provided by MassDEP: - Bureau Protection-Wlands MassDEP File#:242-1552 WPA F of Resource orm 5 -Order of Condetitions eDEP Transaction#:467770 t Massachusetts Wetlands Protection Act M.G.L.c. 131,§40 City/Town:NORTH ANDOVER 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:"242-1552" 11. Where the Department of Environmental Protection is requested to issue a Superseding Order,the Conservation Commission shall be a party to all agency proceedings and hearings before Mass DEP. 12. Upon completion of the work described herein,the applicant shall submit a Request for Certificate of Compliance(WPA Form 8A)to the Conservation Commission. 13. The work shall conform to the plans and special conditions referenced in this order. 14. Any change to the plans identified in Condition#13 above shall require the applicant to inquire of the Conservation Commission in writing whether the change is significant enough to require the filing of a new Notice of Intent. 15. The Agent or members of the Conservation Commission and the Department of Environmental Protection shall have the right to enter and inspect the area subject to this Order at reasonable hours to evaluate compliance with the conditions stated in this Order,and may require the submittal of any data deemed necessary by the Conservation Commission or Department for that evaluation. 16. This Order of Conditions shall apply to any successor in interest or successor in control of the property subject to this Order and to any contractor or other person performing work conditioned by this Order. 17. Prior to the start of work,and if the project involves work adjacent to a Bordering Vegetated Wetland,the boundary of the wetland in the vicinity of the proposed work area shall be marked by wooden stakes or flagging.Once in place,the wetland boundary markers shall be maintained until a Certificate of Compliance has been issued by the Conservation Commission. 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) I— is not(2)F subject to the Massachusetts Stormwater Standards. If the work is subject to Stormwater Standards,then the project is subject to the following conditions; 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 i Permit as required by Stormwater Standard 8.Construction period erosion,sedimentation and pollution control measures and best management practices(BMPs)shall remain in place until the site is fully stabilized. b) No stormwater runoff may be discharged to the post-construction stormwater BMPs unless and until a Registered Professional Engineer provides a Certification that:i. all construction period BMPs have been removed or will be removed by a date certain specified in the Certification.For any construction period BMPs intended to be converted to post construction operation for stormwater attenuation,recharge,and/or treatment,the conversion is allowed by the MassDEP Stormwater 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 k Massachusetts Department of Environmental Protection Provided by MassDEP: �.— Bureau of Resource Protection-Wetlands MassDEP File#:242-1552 WPA Form 5 -Order of Conditions eDEP Transaction#:467770 4 Massachusetts Wetlands Protection Act M.G.L.c. 131,§40 City/I'own:NORTHANDOVER Special Conditions: SEE ATTACHED. ti i4 Page 7 of 10* ELECTRONIC COPY I . . i f k i LMassachusetts Department of Environmental Protection Provided by MassDEP: Bureau of Resource Protection-Wetlands MassDEP File#:242-1552 WPA Form 5-Order of Conditions eDEP Transaction#:467770 Massachusetts Wetlands Protection Act M.G.L.c. 131, §40 City/Town:NORTH ANDOVER E. Signatures This Order is valid for three years from the date of issuance,unless otherwise specified S//G1/a pursuant to General Condition#4.If this is an Amended Order of Conditions,the Amended 1.Date of Onginal Order Order expires on the same date as the original Order of Conditions. Please indicate the number of members who will sign this form.This Order must be signed by 2.Number of Signers a majority of the Conservation Commission. The Order must be mailed by certified mail(return receipt requested)or hand delivered to the applicant.A copy also must be mailed or hand delivered at the same time to the appropriate Department of Environmental Protection Regional Office,if not filing electronically,and the property owner,if different from applicant. Signatures: _' / , f Dr (,) ,7t4 L sy hand delivery on IKy certified mail,return receipt requested,on SI 1ol ,a y Date Date F. Appeals The applicant,the owner,any person aggrieved by this Order,any owner of land abutting the land subject to this Order,or any ten residents of the city or town in which such land is located,are hereby notified of their right to request the appropriate MassDEP °' Regional Office to issue a Superseding Order of Conditions.The request must be made by certified mail or hand delivery to the i, Department,with the appropriate filing fee and a completed Request for Departmental Action Fee Transmittal Form,as provided in 310 CMR 10.03(7)within ten business days from the date of issuance of this Order.A copy of the request shall at the same time be sent by certified mail or hand delivery to the Conservation Commission and to the applicant,if he/she is not the appellant. Any appellants seeking to appeal the Department's Superseding Order associated with this appeal will be required to demonstrate prior participation in the review of this project.Previous participation in the permit proceeding means the submission of written information to the Conservation Commission prior to the close of the public hearing,requesting a Superseding Order,or providing written information to the Department prior to issuance of a Superseding Order. The request shall state clearly and concisely the objections to the Order which is being appealed and how the Order does not contribute to the protection of the interests identified in the Massachusetts Wetlands Protection Act(M.G.L.c. 131,§40),and is inconsistent with the wetlands regulations(310 CMR 10.00).To the extent that the Order is based on a municipal ordinance or bylaw, and not on the Massachusetts Wetlands Protection Act or regulations,the Department has no appellate jurisdiction. Page 9 of 10*ELECTRONIC COPY 1 DEP FILE #242-1552 Therefore, the North Andover Conservation Commission (hereafter the "NACC") hereby finds that the following conditions are necessary, in accordance with the Performance Standards set forth in the State Regulations,the local ByLaw and Regulations, to protect those interests noted above. The NACC orders that all work shall be performed in accordance with said conditions and with the Notice of Intent referenced below. To the extent that the following conditions modify or differ from the plans, specifications or other proposals submitted with the Notice of Intent, the conditions shall control. i GENERAL CONDITIONS t t 20. The proposed work includes: clearing and grading to construct a single family home. The proposed dwelling is located just outside of the 100 foot buffer zone to Bordering Vegetated Wetland (BVW). Landscaping with native plants is also proposed. 21. The work shall conform to the following (except as noted in the remainder of this document where revisions may be required): , i Notice of Intent filed by: Greg Saab k Engineering and Surveying Services (ESS) 70 Bailey Court 1 Haverhill, MA 01832 Filed: April 13, 2012 Property Owner: Edward Welch E C W Trust 54 Chandler Ledge Road }` Milan, NH 03588 Project Address: 358 Dale Street North Andover, MA 01845 i Site Plans prepared by Engineering and Surveying Services Titled: Site Plan in North Andover, Mass. 358 Dale Street, Map 64 Lot 26 Dated: December 14, 2011 Last Revised: March 27, 2012 r Signed and Stamped by Patrick L. Bower, PE Other Record Documents: Letter from Division of Fisheries &Wildlife NHESP File No.: 12-30708 Date: April 25, 2012 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 242-1552,358 Dale Street 1 NACC 5/10/2012 DEP FILE#242-1552 31. Any future project which proposes a wetland crossing in order to access certain portions of the property will not be qualified as a limited project roadway under 310 CMR 10.53(e). 32. The following wetland resource areas are affected by the proposed work: Buffer Zone to Bordering Vegetated Wetland (BVW). This resource area is significant to the interests of the Act and Town ByLaw as noted above and therein. The applicant has ti not attempted to overcome the presumption of significance of this resource area to the g' identified interests. lr 33. The NACC agrees with the applicant's delineation of the wetland resource areas on the site as shown on the plans dated referenced herein and as approved in the Order of Resource Area Delineation (ORAD) issued under DEP File #242-1552. 34. The NACC finds that the intensive use of the upland areas and buffer zone proposed on this site will cause further alteration of the wetland resource areas. In order to prevent any alteration of wetland resource areas a twenty five foot(25') No- Disturbance Zone and a fifty foot (50') No-Construction Zone shall be established from the edge of the adjacent wetland resource as shown on the herein referenced plan. The Conservation Administrator and/or other agents of the NACC do not have the authority to waive these setbacks as established under the local bylaw. No disturbance of existing grade, soils or vegetation is permitted in the No-Disturbance zone. (See Section 3.4 &Appendix F of the local Regulations). Furthermore a limit of clearing has been established and approved by the Planning Board under a Watershed Special permit. Further changes to the limit of clearing on the lot would also need the r` approval of NHESP. 35. The Planning Board Watershed Special Permit requests a planting plan for the site prior to the issuance of a Building Permit. The applicant shall submit a copy of said plan to the Conservation Department. Plantings within the Buffer Zone to BVW will be native species. 36. 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. 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 system and that said Town shall not be liable for any damage in the event of failure. By acceptance of this Order, the owners agree to indemnify and hold harmless to the Town and its residents for any damage attributable to alterations undertaken on this property pursuant to the Order. Issuance of these Conditions does not in any way 242-1552,358 Dale Street 3 NACC 5/10/2012 y r DEP FILE#242-1552 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 F= maintained until all construction is complete. Workers should be informed that no use of machinery, storage of machinery or materials, stockpiling of soil, or construction activity is to occur beyond this line at any time 45. Erosion controls, as detailed on the herein referenced plan, shall be placed between all construction areas and downgradient resource areas. The erosion control barrier will 4 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 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 4; installation be required by the NACC, they shall be installed within 48 hours of the Commissions request. 46. The applicant shall have on hand at the start of any soil disturbance,removal or stockpiling, a minimum of 30 additional feet of filter sock or 10 hay bales and sufficient stakes for staking these bales (or an equivalent amount of silt fence,1 hay bale to equal 3 feet of fence). Said sock/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 $1,500 which shall be in all respects satisfactory to Town Counsel, Town Treasurer, and the NACC, and shall be posted with the North Andover Town Treasurer through the NACC before commencement of work. Said deposit of money shall be conditioned on the completion of all conditions hereof, shall be signed by a party or parties satisfactory to the NACC, and Town Counsel, and shall be released after =' completion of the project, provided that provisions, satisfactory to the NACC, have 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. 1 242-1552,358 Dale Street 5 NACC 5/10/2012 DEP FILE #242-1552 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. 53. 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 engineer or environmental monitor, and the applicant to ensure that all of the Conditions of this Order are understood. This Order shall be included in all construction contracts, subcontracts, and specifications dealing with the work proposed and shall supersede any conflicting contract requirements. The applicant shall assure that all contractors, subcontractors and other personnel performing the permitted work are fully aware of the permit's terms and conditions. Thereafter, the contractor will be held jointly liable for any violation of this Order of Conditions resulting from failure to comply with its conditions. The applicant or contractor shall notify the NACC in writing of the identity of the on-site construction supervisor hired to coordinate construction and to ensure compliance with this Order. A reasonable period of time shall be provided as notice of the pre-construction meeting(e.g. 72 hours). STORMWATER MANAGEMENT CONDITIONS 54. Water quality in down gradient BVW's shall not differ significantly following completion of the project from the pre-development conditions. There shall be no sedimentation into wetlands or water bodies from discharge pipes or surface runoff leaving the site DURING CONSTRUCTION 55. A copy of the foundation as-built shall be submitted to the Conservation Department upon completion. 56. Upon beginning work, the applicant shall submit written progress reports every month 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. 57. De-watering activities are not anticipated as part of the proposed project. No discharge of water is allowed directly into an area subject to jurisdiction of the 242-1552,358 Dale Street 7 NACC 5/10/2012 DEP FILE#242-1552 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 66. No underground storage of fuel oils shall be allowed on any lot within one-hundred (100)feet of any wetland resource area This condition shall survive this Order of Conditions and shall run with the title of the property. This condition is issued under the authority of the Town's Wetland protection ByLaw. 67. Fertilizers utilized for landscaping and lawn care shall be slow release, low-nitrogen, low phosphorous types (< 5%), and shall not be used within 25 feet of a resource area. A. Pesticides and herbicides shall not be used within 100 feet of a wetland resource area This condition shall survive this Order of Conditions and shall run with the title of the property. This condition is issued under the authority of the Town's Wetland Protection ByLaw and shall remain in perpetuity. 68. 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. 69. 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. 70. Upon approved site stabilization by Conservation staff, the erosion controls shall be removed and properly disposed of and all exposed unvegetated areas shall be seeded. 71. Upon completion of the project the applicant shall submit the following to the Conservation Commission as part of a request for a Certificate of Compliance: a. WPA Form 8A- "Request for a Certificate of Compliance." b. A letter from the applicant requesting a Certificate of Compliance. c. The name and address of the current landowner. d. Signed statements from the individual property owners shall be submitted with the request for a Certificate of Compliance indicating that they read and understood the recorded Order of Conditions prior to purchasing their property. e. The name and address of the individual/trust or corporation to whom the compliance is to be granted. f. The street address and assessor's map/parcel number for the project. g. The DEP file number. h. A written statement from a Registered Professional Civil Engineer (and/or Registered Professional Land Surveyor) of the Commonwealth certifying that the zi 242-1552,358 Dale Street 9 NACC 5/10/2012 DEP FILE#242-1552 ➢ Limitations on the use of fertilizers, herbicides, and pesticides (Conditions #67); ➢ Prohibition of dumping of leaves, grass clippings, brush, or other debris (Condition#68); { 242-1552,358 Dale Street 11 NACC 5/10/2012 . A 3 Massachusetts Department of Environmental Protection Provided by MassDEP: N.--_II1 Bureau Jr esource Protection-Wetlands MassDEP File#:242-1552 WPA orm 5 -Order of Conditions eDEP Transaction#:467770 ;' Massachusetts Wetlands Protection Act M.G.L.c. 131,§40 City/Town:NORTH ANDOVER ,, G. Recording Information This Order of Conditions must be recorded in the Registry of Deeds or the Land Court for the district in which the land is located, within the chain of title of the affected property.In the case of recorded land,the Final Order shall also be noted in the Registry's Grantor Index under the name of the owner of the land subject to the Order.In the case of registered land,this Order shall also be noted on the Land Court Certificate of Title of the owner of the land subject to the Order of Conditions.The recording information on this page shall be submitted to the Conservation Commission listed below. NORTH ANDOVER r 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: 358 DALE STREET 242-1552 Project Location MassDEP File Number Has been recorded at the Registry of Deeds of: County Book Page for. Property Owner EDWARD WELCH and has been noted in the chain of title of the affected property in: Book Page In accordance with the Order of Conditions issued on: Date If recorded land,the instrument number identifying this transaction is: Instrument Number If registered land,the document number identifying this transaction is: Document Number Signature of Applicant Rev.4/1/2010 Page 10 of 10* ELECTRONIC COPY ` CEIVED °<<•�•° 14o Town of North Andover ! r Office of the Planning Department 1012 MAY -7 Pli f2: 28 * .7 * Community Development and Services Division S Eta 1600 Osgood Street NORTH North Andover,Massachusetts 01845 NOTICE OF DECISION - REVISED Any appeal shall be filed within (20) days after the date of filing this notice in the office of the Town Clerk. Revised Date: May 7,2012 Date of Hearings: March 20,2012,April 3,2012, May 1,2012 Date of Decision: May 1,2012 Petition of: Stephen Smolak,762 Dale St.,North Andover,MA 01845 Premises Affected: 358 Dale Street,North Andover,Massachusetts,01845. Assessor's Map 64,Parcel 26 and located in the Residential 1 Zoning District. Referring to the above petition for a Watershed Special Permit from the requirements of the North Andover Zoning Bylaw, Sections 4.136& 10.3. So as to allow the construction of a new single-family dwelling, with a driveway, landscaping, utilities, the installation of stormwater management system within the 325 foot Non-Discharge Zone of the Watershed Protection District, and grading and vegetation clearing within the 100 foot Non-Disturbance Zone of the Watershed Protection District. After a Public Hearing given on the above date, the Planning Board voted to APPROVE a Watershed Special Permit for the Watershed Protection District,based upon the following conditions: • L anning Board ohn Simons Timothy Seibert Michael Colantoni Dave Kellogg 358 Dale Street,Map 64 Lot 26 • Watershed Special Permit—New Single-Family Residence May 1,2012 The public hearing on the above referenced application was opened on March 20, 2012 closed by the North Andover Planning Board on May 1, 2012. On May 1, 2012 upon a motion made by D. Kellogg and seconded by T. Seibert to GRANT a Watershed Special Permit to allow the construction of a new single-family dwelling, with a driveway, landscaping, utilities and the installation of stormwater management system within the 325 foot Non-Discharge Zone of the Watershed Protection District, and grading and vegetation clearing within the 100 foot Non-Disturbance Zone of the Watershed Protection District, under the requirements of Section 4.136 & 10.3 of the North Andover Zoning Bylaw. The total amount of impervious area to be created is 1,780 sq ft. of roof area and 2,178 sq. ft. for the driveway. This Special Permit was requested by Stephen Smolak, 762 Dale Street, North Andover, MA 01845 on February 17, 2012. The applicant submitted a complete application, which was noticed and reviewed in accordance with Section 10.52 of the Town of North Andover Zoning Bylaw and MGL Chapter 40A, Section 9. The motion to approve was subject to the FINDINGS OF FACTS and SPECIAL CONDITIONS set forth in Appendix A to this decision. The Planning Board vote was unanimous 4 - 0. A special permit issued by the special permit granting authority requires a vote of at least four members of a five-member board. The applicant is hereby notified that should the applicant disagree with this decision, the applicant has the right, under MGL Chapter 40A, Section 17, to appeal to this decision within twenty days after the date this decision has been filed with the Town Clerk. In accordance with 4.136 the Planning Board makes the finding that the intent of the Bylaw, as well as its specific criteria are met. This decision specifically stated by the Planning Board makes the following FINDINGS OF FACT: 1) That as a result of the proposed construction in conjunction with other uses nearby,there will not be any significant degradation of the quality or quantity of water in or entering Lake Cochichewick. The Planning Board bases this finding on the following facts: a) The project is located within an extremely environmental sensitive area and in close proximity to Lake Cochichewick. The final design reflects extensive discussions between the Town and applicant to ensure the continued protection of Lake Cochichewick and the safety and welfare of the residents of North Andover. b) The plan has been reviewed by Town Staff and the Town's consulting engineer, Lisa Eggleston, as evidenced by the letters from L. Eggleston dated March 20, 2012 and April 12, 2012. With the application of the erosion control measures and modifications to the drainage and stormwater management designs, the consultant concluded that there will not be significant degradation to the quality or quantity of water in or entering Lake Cochichewick. The site drainage system and storm water management design are designed in accordance with the Town Bylaw requirements. Further, adequate safeguards have been provided to mitigate pollutants from entering Lake Cochichewick through the installation/implementation of the following Best Management Practices relative to a single-family dwelling: i) The new dwelling unit plus driveway will create 3,958 sq. ft. of new impervious area. All of the roof runoff will be routed to an infiltration wells so that the stormwater runoff for entire roof area of the dwelling unit will be infiltrated. ii) A portion of the new driveway will consist of pervious pavement. Deed restrictions will be required regarding maintenance for the driveway. 2 358 Dale Street,Map 64 Lot 26 • Watershed Special Permit—New Single-Family Residence • May 1,2012 iii) The applicant will install Town of North Andover Wetland Markers at the northern and eastern edge of the limit of clearing, as shown on the Plan. iv) The applicant will minimize the creation of lawn area and the clearing of existing vegetation. The applicant will also provide a landscape plan that will include identification of lawn areas, planting areas, areas of tree clearing and a list of proposed native plantings, including proposed trees. v) Fertilizers are limited to those which are either organic or slow-release nitrogen and phosphorous-free. This restriction will be noted on the deed. c) The Natural Heritage and Endangered Species Program (NHESP)has determined that the project as currently proposed will not adversely affect the actual Resources Area Habitat, according to their letter of April 25,2012. d) The existing structure is connected to the Town sewer and water systems. 2) The lot was created prior to January 9, 1957 and is thus granted limited grandfathering exemptions from dimensional requirements and is not subject to the Watershed Protection District zoning changes made in 1994. 3) There is no reasonable alternative location outside the General, Non-Disturbance, and the Discharge Zones for any discharge,structure or activity. 4) In addition, in accordance with Section 10.31 of the North Andover Zoning Bylaw, the Planning Board makes the following FINDINGS OF FACT: a) The specific site is an appropriate location for the proposed use as all feasible storm water and erosion controls have been placed on the site; b) The use will not adversely affect the neighborhood as the lot is located in a Residential 1 Zoning District; c) There will be no nuisance or serious hazard to vehicles or pedestrians; d) Adequate and appropriate facilities are provided for the proper operation of the proposed use; e) The Planning Board also makes a specific finding that the use is in harmony with the general purpose and intent of the North Andover Zoning Bylaw. Upon reaching the above findings,the Planning Board approves this Special Permit based upon the following SPECIAL CONDITIONS: 1)Permit Definitions: a) The"Locus"refers to the 64,487 sq. ft. parcel of land with frontage on Dale Street as shown on Assessors Map 64, Parcel 26, and also known as 358 Dale Street,North Andover,Massachusetts. b) The"Plans"refer to the plans prepared by Engineering and Surveying Services, dated February 16,2012,revised on March 27, 2012, entitled"Site Plan, in North Andover, 358 Dale Street,Map 64, Lot 26". 3 358 Dale Street,Map 64 Lot 26 ' Watershed Special Permit—New Single-Family Residence May 1,2012 c) The"Project"or"358 Dale Street"refers to the construction of a new single-family dwelling, with a driveway, landscaping,utilities, the installation of stormwater management system within the 325 foot Non-Discharge Zone of the Watershed Protection District,and grading and vegetation clearing within the 100 foot Non-Disturbance Zone of the Watershed Protection District.. d) The"Applicant"refers to Stephen Smolak,the applicant for the Special Permit. e) The"Project Owner"refers to the person or entity holding the fee interest to the title to the Locus from time to time,which can include but is not limited to the applicant, developer, and owner. 2) The Town Planner shall approve any changes made to these plans. Any changes deemed substantial by the Town Planner would require a public hearing and modification by the Planning Board. 3) Prior to the endorsement of the plan: a) The applicant shall incorporate the following conditions as a deed restriction and a copy of the recorded deed shall be submitted to the Town Planner and included in the file. i) Fertilizers are limited to those which are either organic or slow-release nitrogen and phosphorous-free. ii) The porous pavement portion of the driveway shall be cleaned using a vacuum sweeper and it shall not be seal-coated or otherwise covered with non-porous material. b) The applicant will provide copies of all Decisions, Notification and Orders of Conditions from the North Andover Conservation Commission. 4) Prior to start of construction or Site Work: a) A performance guarantee bond of four thousand dollars ($4,000.00) made out to the Town of North Andover must be posted to insure that the construction, erosion control, measures, and performance of any other condition contained herein will take place in accordance with the plans and the conditions of this decision and to ensure that the as-built plans will be submitted. b) The applicant shall designate an independent Construction Monitor who shall be chosen in consultation with the Planning Department staff The Construction Monitor shall submit weekly reports during the entire duration of the project and must be available upon four(4) hours notice to inspect the site with the Planning Board staff The Planning Staff may reduce the frequency of reports upon review of such a request from the applicant. c) All erosion control measures as shown on the plan must be in place and reviewed by the Town Planner and Conservation Department. Wetland markers will be located at the northern and eastern edge of the limit of clearing,as defined on the Plan. d) Three (3)copies of the signed, recorded plans and the decision must be delivered to the Planning Department. e) Yellow"Caution"tape must be placed along the limit of clearing and grading as shown on the plan. The Planning Staff must be contacted prior to any cutting and or clearing on site. 4 358 Dale Street,Map 64 Lot 26 •Watershed Special Permit—New Single-Family Residence May 1,2012 f) A pre-construction meeting must be held with the developer,their construction employees, Planning Department and Building Department (and other applicable departments) to discuss scheduling of inspections to be conducted on the project and the construction schedule. g) A construction sequencing plan shall be provided, showing the construction phasing of the porous s' pavement. 5) Prior to the issuance of a Building Permit: a) A landscape plan must be provided, showing the location of new lawn area, location of planting areas and a list of proposed plantings,which should be native species. 6) Prior to release of the Performance Bond: a) The applicant shall submit an as-built plan stamped by a Registered Professional Engineer in Massachusetts that shows all construction, including storm water mitigation structures and other pertinent site features. This as-built plan shall be submitted to the Town Planner for approval and must be provided in paper form as well as in SDF (Standard Digital File) format. The as-built shall also provide a calculation showing the increase in impervious area The applicant must submit a certification from the design engineer that the site was constructed as shown on the approved plan. b) The Planning Board must by a majority vote make a finding that the site is in conformance with the approved plan. } 7) No open burning shall be done except as is permitted during burning season under the Fire Department regulations. f, 8) The Contractor shall contact Dig Safe at least 72 hours prior to commencing excavation. 9) The provisions of this conditional approval shall apply to and be binding upon the applicant, it's employees and all successors and assigns in interest or control 10) This Special Permit approval shall be deemed to have lapsed May 1, 2014(two years from the date of issuance) exclusive of the time required to pursue or await determination of any appeals, unless substantial use or construction has commenced within said two-year period. Substantial use or construction will be determined by a majority vote of the Planning Board. 11) This decision must be filed with the North Essex Registry of Deeds. The following information is included and attached as part of this decision: a) Plan titled: "Site Plan, in North Andover, 358 Dale Street, Map 64, Lot 26" Prepared for Stephen Smolak 762 Dale Street North Andover,MA 01845 Prepared by: Engineering and Surveying Services 70 Bailey Court Haverhill, MA 01832 Scale: 1"=20' Date: February 16,2012 and revised March 27, 2012 5 358 Dale Street,Map 64 Lot 26 •Watershed Special Permit—New Single-Family Residence May 1,2012 Sheets: 2 b) Stormwater Report Date: February 17,2012 c) Letter from the Division of Fisheries and Wildlife to the North Andover Conservation Commission Dated:April 25,2012 cc: Director of Public Works Building Inspector Conservation Administrator Planning Board Police Chief Fire Chief Applicant Engineer File E' I 6 0ORTh CP •.10 4:4 Town of North Andover 2012�,��, _4 VII:. ? '•tr .• .1II. 07 p Office of the Planning Department > : * Community Development and Services Division �',S^�_• t 1600 Osgood Street North Andover,Massachusetts 01845 NOTICE OF DECISION Any appeal shall be filed within (20) days after the date of filing this notice in the office of the Town Clerk. Date: May 1,2012 Date of Hearings: March 20,2012,April 3,2012,May 1,2012 Date of Decision: May 1,2012 Petition of: Stephen Smolak,762 Dale St.,North Andover,MA 01845 Premises Affected: 358 Dale Street,North Andover,Massachusetts,01845. Assessor's Map 64,Parcel 26 and located in the Residential 1 Zoning District. Referring to the above petition for a Watershed Special Permit from the requirements of the North Andover Zoning Bylaw, Sections 4.136& 10.3. So as to allow the construction of a new single-family dwelling, with a driveway, landscaping, utilities, and the installation of stormwater management system within the 250 foot Non-Disturbance Zone of the Watershed Protection District. After a Public Hearing given on the above date, the Planning Board voted to APPROVE a Watershed Special Permit for the Watershed Protection District,based upon the following conditions: anning Board ohn Simons Timothy Seibert Michael Colantoni Dave Kellogg 5 , 358 Dale Street,Map 64 Lot 26 Watershed Special Permit—New Single-Family Residence May 1,2012 The public hearing on the above referenced application was opened on March 20, 2012 closed by the North Andover Planning Board on May 1,2012. On May 1, 2012 upon a motion made by D. Kellogg and seconded by T. Seibert to GRANT a Watershed Special Permit to allow the construction of a new single-family dwelling, with a driveway, landscaping, utilities, and the installation of stormwater management systems within the 250 foot Non-Disturbance Zone of the Watershed Protection District, under the requirements of Section 4.136 & 10.3 of the North Andover Zoning Bylaw. The total amount of impervious area to be created is 1,780 sq ft. of roof area and 2,178 sq. ft. for the driveway. This Special Permit was requested by Stephen Smolak, 762 Dale Street, North Andover, MA 01845 on February 17, 2012. The applicant submitted a complete application,which was noticed and reviewed in accordance with Section 10.52 of the Town of North Andover Zoning Bylaw and MGL Chapter 40A, Section 9. The motion to approve was subject to the FINDINGS OF FACTS and SPECIAL CONDITIONS set forth in Appendix A to this decision. The Planning Board vote was unanimous 4 - 0. A special permit issued by the special permit granting authority requires a vote of at least four members of a five-member board. The applicant is hereby notified that should the applicant disagree with this decision, the applicant has the right, under MGL Chapter 40A, Section 17, to appeal to this decision within twenty days after the date this decision has been filed with the Town Clerk. In accordance with 4.136 the Planning Board makes the finding that the intent of the Bylaw, as well as its specific criteria are met. This decision specifically stated by the Planning Board makes the following FINDINGS OF FACT: 1) That as a result of the proposed construction in conjunction with other uses nearby,there will not be any significant degradation of the quality or quantity of water in or entering Lake Cochichewick. The Planning Board bases this finding on the following facts: a) The project is located within an extremely environmental sensitive area and in close proximity to Lake Cochichewick. The final design reflects extensive discussions between the Town and applicant to ensure the continued protection of Lake Cochichewick and the safety and welfare of the residents of North Andover. b) The plan has been reviewed by Town Staff and the Town's consulting engineer, Lisa Eggleston, as evidenced by the letters from L. Eggleston dated March 20, 2012 and April 12, 2012. With the application of the erosion control measures and modifications to the drainage and stormwater management designs, the consultant concluded that there will not be significant degradation to the quality or quantity of water in or entering Lake Cochichewick. The site drainage system and storm water management design are designed in accordance with the Town Bylaw requirements. Further, adequate safeguards have been provided to mitigate pollutants from entering Lake Cochichewick through the installation/implementation of the following Best Management Practices relative to a single-family dwelling: i) The new dwelling unit plus driveway will create 2,178 sq. ft. of new impervious area. All of the roof runoff will be routed to an infiltration wells so that the stormwater runoff for entire roof area of the dwelling unit will be infiltrated. ii) A portion of the new driveway will consist of pervious pavement. Deed restrictions will be required regarding maintenance for the driveway. 2 358 Dale Street,Map 64 Lot 26 Watershed Special Permit—New Single-Family Residence May 1,2012 iii) The applicant will install Town of North Andover Wetland Markers at the northern and eastern edge of the limit of clearing, as shown on the Plan. iv) The applicant will minimize the creation of lawn area and the clearing of existing vegetation. The applicant will also provide a landscape plan that will include identification of lawn areas, planting areas, areas of tree clearing and a list of proposed native plantings, including proposed trees. v) Fertilizers are limited to those which are either organic or slow-release nitrogen and phosphorous-free. This restriction will be noted on the deed. c) The Natural Heritage and Endangered Species Program (NHESP)has determined that the project as currently proposed will not adversely affect the actual Resources Area Habitat, according to their letter of April 25,2012. d) The existing structure is connected to the Town sewer and water systems. 2) The lot was created prior to January 9, 1957 and is thus granted limited grandfathering exemptions from dimensional requirements and is not subject to the Watershed Protection District zoning changes made in 1994. 3) There is no reasonable alternative location outside the General, Non-Disturbance, and the Discharge Zones for any discharge, structure or activity. 4) In addition, in accordance with Section 10.31 of the North Andover Zoning Bylaw, the Planning Board makes the following FINDINGS OF FACT: a) The specific site is an appropriate location for the proposed use as all feasible storm water and erosion controls have been placed on the site; b) The use will not adversely affect the neighborhood as the lot is located in a Residential 1 Zoning District; c) There will be no nuisance or serious hazard to vehicles or pedestrians; d) Adequate and appropriate facilities are provided for the proper operation of the proposed use; e) The Planning Board also makes a specific finding that the use is in harmony with the general purpose and intent of the North Andover Zoning Bylaw. Upon reaching the above findings,the Planning Board approves this Special Permit based upon the following SPECIAL CONDITIONS: 1)Permit Definitions: a) The"Locus"refers to the 64,487 sq. ft. parcel of land with frontage on Dale Street as shown on Assessors Map 64,Parcel 26, and also known as 358 Dale Street,North Andover, Massachusetts. b) The"Plans"refer to the plans prepared by Engineering and Surveying Services, dated February 16, 2012,revised on March 27, 2012, entitled"Site Plan, in North Andover, 358 Dale Street,Map 64, Lot 26". 3 . 358 Dale Street,Map 64 Lot 26 Watershed Special Permit—New Single-Family Residence May 1,2012 c) The"Project"or"358 Dale Street"refers to the construction of a new single-family dwelling, with a driveway, landscaping, utilities, and the installation of stormwater management system within the 250 foot Non-Disturbance Zone of the Watershed Protection District. d) The"Applicant"refers to Stephen Smolak,the applicant for the Special Permit. e) The"Project Owner"refers to the person or entity holding the fee interest to the title to the Locus from time to time, which can include but is not limited to the applicant, developer, and owner. 2) The Town Planner shall approve any changes made to these plans. Any changes deemed substantial by the Town Planner would require a public hearing and modification by the Planning Board. 3) Prior to the endorsement of the plan: a) The applicant shall incorporate the following conditions as a deed restriction and a copy of the recorded deed shall be submitted to the Town Planner and included in the file. i) Fertilizers are limited to those which are either organic or slow-release nitrogen and phosphorous-free. ii) The porous pavement portion of the driveway shall be cleaned using a vacuum sweeper and it shall not be seal-coated or otherwise covered with non-porous material. b) The applicant will provide copies of all Decisions, Notification and Orders of Conditions from the North Andover Conservation Commission. 4) Prior to start of construction or Site Work: a) A performance guarantee bond of four thousand dollars ($4,000.00) made out to the Town of North Andover must be posted to insure that the construction, erosion control, measures, and performance of any other condition contained herein will take place in accordance with the plans and the conditions of this decision and to ensure that the as-built plans will be submitted. b) The applicant shall designate an independent Construction Monitor who shall be chosen in consultation with the Planning Department staff. The Construction Monitor shall submit weekly reports during the entire duration of the project and must be available upon four(4) hours notice to inspect the site with the Planning Board staff. The Planning Staff may reduce the frequency of reports upon review of such a request from the applicant. c) All erosion control measures as shown on the plan must be in place and reviewed by the Town Planner and Conservation Department. Wetland markers will be located at the northern and eastern edge of the limit of clearing,as defined on the Plan. d) Three(3) copies of the signed, recorded plans and the decision must be delivered to the Planning Department. e) Yellow"Caution"tape must be placed along the limit of clearing and grading as shown on the plan. The Planning Staff must be contacted prior to any cutting and or clearing on site. f) A pre-construction meeting must be held with the developer,their construction employees, Planning 4 , 358 Dale Street,Map 64 Lot 26 Watershed Special Permit—New Single-Family Residence May 1,2012 Department and Building Department (and other applicable departments) to discuss scheduling of inspections to be conducted on the project and the construction schedule. g) A construction sequencing plan shall be provided, showing the construction phasing of the porous pavement. 5) Prior to the issuance of a Building Permit: a) A landscape plan must be provided, showing the location of new lawn area, location of planting areas and a list of proposed plantings,which should be native species. 6) Prior to release of the Performance Bond: a) The applicant shall submit an as-built plan stamped by a Registered Professional Engineer in Massachusetts that shows all construction, including storm water mitigation structures and other pertinent site features. This as-built plan shall be submitted to the Town Planner for approval and must be provided in paper form as well as in SDF (Standard Digital File) format. The as-built shall also provide a calculation showing the increase in impervious area. The applicant must submit a certification from the design engineer that the site was constructed as shown on the approved plan. b) The Planning Board must by a majority vote make a finding that the site is in conformance with the approved plan. 7) No open burning shall be done except as is permitted during burning season under the Fire Department regulations. 8) The Contractor shall contact Dig Safe at least 72 hours prior to commencing excavation. 9) The provisions of this conditional approval shall apply to and be binding upon the applicant, it's employees and all successors and assigns in interest or control. 10) This Special Permit approval shall be deemed to have lapsed May 1, 2014(two years from the date of issuance) exclusive of the time required to pursue or await determination of any appeals, unless substantial use or construction has commenced within said two-year period. Substantial use or construction will be determined by a majority vote of the Planning Board. 11) This decision must be filed with the North Essex Registry of Deeds. The following information is included as part of this decision: a) Plan titled: "Site Plan, in North Andover, 358 Dale Street, Map 64, Lot 26" Prepared for Stephen Smolak 762 Dale Street North Andover,MA 01845 Prepared by: Engineering and Surveying Services 70 Bailey Court Haverhill, MA 01832 Scale: 1"=20' Date: February 16, 2012 and revised March 27, 2012 Sheets: 1 5 358 Dale Street,Map 64 Lot 26 • Watershed Special Permit—New Single-Family Residence May 1,2012 b) Stormwater Report Date: February 17,2012 c) Letter from the Division of Fisheries and Wildlife to the North Andover Conservation Commission Dated:April 25,2012 cc: Director of Public Works Building Inspector Conservation Administrator Planning Board Police Chief Fire Chief Applicant Engineer File iz 6 01 Massachusetts Department of Environmental Protection Provided by MassDEP: Bureau of Resource Protection-Wetlands MassDEP File#:242-1547 WPA Form 4B - Order of Resource Area Delineation eDEP Transaction#:457961 Massachusetts Wetlands Protection Act M.G.L. c. 131 S40 City/fown:NORTHANDOVER A. General Information I.Conservation Commission NORTH ANDOVER 2.This Issuance is for(Check one): a. F Order of Resource Area Delineation b. r Amended Order of Resource Area Delineation 3.Applicant Details a.First Name STEPHEN b.Last Name SMOLAK c.Organization d.Mailing Address 762 DALE STREET e.City/Town NORTH ANDOVER f.State MA g.ZIP 01845 4.Property Owner(if different from applicant): a First Name EDWARD b.Last Name WELCH c.Organization E C W TRUST d.Mailing Address 54 CHANDLER LEDGES ROAD e.City/Town MILAN f.State NH g.ZIP 03588 5.Project Location a.Street Address 358 DALE STREET b.City/Town NORTH ANDOVER c.Zip 01845 d.Assessors Map/Plat# 64 e.Parcel/Lot# 26 f Latitude 42.68305N g.Longitude 71.087W 6.Dates a.Date ANRAD Filed 3/1/2012 b.Date Public Hearing Closed 3/14/2012 c.Date Of Issuance 3/19/2012 7.Final Approved Plans and Other Documents Plan Title Plan Prepared By Plan Signed By Plan Final Plan Date Scale EXISTING CONDITIONS ENGINEERING AND SURVEYING STEPHEN P.DES February 16, „ PLAN SERVICES ROCHE,P.E. 2012 1 =20' B. Order of Delineation 1.The Conservation Commission has determined the following(check whichever is applicable) a. F Accurate:The boundaries described on the referenced plan(s)above and in the Abbreviated Notice of Resource Area Delineation are accurately drawn for the following resource area(s): 1. F Bordering Vegetated Wetlands 2. r Other resource area(s),specifically a. b. r Modified:The boundaries described on the plan(s)referenced above,as modified by the Conservation Commission from the plans contained in the Abbreviated Notice of Resource Area Delineation,are accurately drawn from the following resource area(s): 1. r Bordering Vegetated Wetlands 2. r Other resource area(s),specifically a. Page 1 of 3 *ELECTRONIC COPY Massachusetts Department of Environmental Protection Provided by MassDEP: Bureau of Resource Protection-Wetlands MassDEP File#:242-1547 WPA Form 4B -Order of Resource Area Delineation eDEP Transaction#:457961 Massachusetts Wetlands Protection Act M.G.L. c. 131 S40 City/Town:NORTH ANDOVER c. (. Inaccurate::The boundaries described on the referenced plan(s)and in the Abbreviated Notice of Recource Area Delineation were found to be inaccurate and cannot be confirmed for the following resource area(s): 1. r Bordering Vegetated Wetlands 2. f-Other resource area(s),specifically a. 3.The boundaries were determined to be inaccurate because: C.Findings This Order of Resource Area Delineation determines that the boundaries of those resource areas noted above,have been delineated and approved by the Commission and are binding as to all decisions rendered pursuant to the Massachusetts Wetlands Protection Act (M.G.L.c.131,S 40)and its regulations(310 CMR 10.00).This Order does not,however,determine the boundaries of any resource area or Buffer Zone to any resource area not specifically noted above,regardless of whether such boundaries are contained on the plans attached to this Order or to the Abbreviated Notice of Resource Area Delineation.This Order must be signed by a majority of the Conservation Commission.The Order must be sent 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 DEP Regional Office(see http://www.mass.gov/dep/about/region/fmdyour.htm). D.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 DEP Regional Office to issue a Superseding Order of Resource Area Delineation.When requested to issue a Superseding Order of Resource Area Delineation,the Department's review is limited to the objections to the resource area delineation(s)stated in the appeal request.The request must be made by certified mail or hand delivery to the Department,with the appropriate filing fee and a completed Request for Departmental Action Fee Transmittal Form,as provided in 310 CMR 10.03(7)within ten business days from the date of issuance of this Order.A copy of the request shall at the same time be sent by certified mail or hand delivery to the Conservation Commission and to the applicant,if he/she is not the appellant.Any appellants seeking to appeal the Department???s Superseding Order of Resource Area Delineation 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 Determination,or providing written information to the Department prior to issuance of a Superseding Order or Determination.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,S 40)and is inconsistent with the wetlands regulations(310 CMR 10.00).To the extent that the Order is based on a municipal bylaw or ordinance,and not on the Massachusetts Wetlands Protection Act or regulations,the Department of Environmental Protection has no appellate jurisdiction. . Page 2 of 3 *ELECTRONIC COPY i Massachusetts Department of Environmental Protection Provided by MassDEP: Bureau Forof Resource 4B Order source Area Delineation eDEP Mas Transaction EP le #457961:242-157 Massachusetts Wetlands Protection Act M.G.L. c. 131 S40 City/Town:NORTH ANDOVER E. Sign, _ / 1.Date of Original Order 2.No.of Siy atures required A101111111 flif This Order is valid for three years from the date of issuance. If this Order constitutes an Amended Order of Resource Area Delineation,this Order does not extend the issuance date of the original Final Order,and the Amended Order will expire on the date of the Original Final Order unless extended in writing by the Department. This Order is issued to the applicant and the property owner(if different)as follows: 3. I—By hand delivery on 4. y certified mail,return receipt requested on a.Date a.Date -3 Page 3 of 3 *ELECTRONIC COPY SMOLAK & VAUGHAN John T. Smolak, Esq. T: 978-327-5215 I F: 978-327-5219 ismolak @smolakvaughan.coin 2:"' FEB 1 ' I February 17, 2012 BY HAND John Simons, Chairman Planning Board Town of North Andover 1600 Osgood Street North Andover, Massachusetts 01845 RE: Application for Watershed Protection District Special Permit Property: 358 Dale Street Applicant: Stephen Smolak Dear Chairman Simons and Other Board Members: On behalf of the Applicant, enclosed for filing with the Planning Board is an application for a Watershed Protection District Special Permit in reference to the above-referenced Property. The Applicant proposes to construct a single family residential dwelling and associated improvements on a vacant property, consisting of 1.48 acres, known and numbered as 358 Dale Street. f The Property is located within the Residential-1 (R-1) Zoning District as well as the Watershed Protection District. Since the lot was created in 1951, the Property constitutes a grandfathered lot within the meaning of Section 7.8(1) of the Zoning Bylaw. As confirmed by the Building Inspector, the lot has the benefit of reduced dimensional requirements as depicted on the Site Plans and accompanying legal memorandum. We appreciate your time and consideration with regard to this matter and we look forward to working with you throughout the approval process. Please feel free to contact my office with any further questions or concerns. Sincerely, ohn T. Smolak JTS/ cc: Judy Tymon, Town Planner Town Clerk's Office (By Hand) {00041627;x1}East Mill,21 High Street,Suite 301,North Andover,MA 01845 WWW.SMOLAKVAUGHAN.COM 00RTr1 3? 4v. r A %44::°44,7107;t445 4 s4cHUSt• PLANNING DEPARTMENT Community Development Division Special Permit — Watershed Permit Application Please type or print clearly. 1. Petitioner: Stephen M. Smolak Petitioner's Address: 762 Dale Street, North Andover, Massachusetts 01845 Telephone number: 978-360-0215 2. Owners of the Land: Edward J. Welch,Jr.as Trustee of the E.C.W. Trust Address: 54 Chandler Ledges Road, Milan, New Hampshire 03588-3310 Number of years of ownership:20 years, 10 months { 3.Year lot was created: 1951 (See Plan No. 2344 recorded with ENRD) 4. Is the lot currently on septic or sewer? N/A Vacant lot currently has no sewer connection but sewer line runs by Property and there will be a sewer tie- in from Dale Street. If on sewer,please provide date the sewer connection was completed: N/A 5. Description of Proposed Project: Proiect involves the construction of a new single family residential dwelling, a driveway, landscaping and utilities to be located on the north side of Dale Street 6. Description of Premises:Vacant 1.48-acre parcel located on north side of Dale Street. 7.Address of Property Being Affected: 358 Dale Street Zoning District: Residential 1 (R-1) Assessors Map: 64 Lot#: 26 Registry of Deeds: Book#: 3370 Page#: 99 8. Existing Lot: VACANT Lot Area(Sq. Ft): 64,487+/- Building Height : N/A Street Frontage: 273.2+/-feet Side Setbacks: N/A Front Setback: N/A Rear Setback: N/A Floor Area Ratio: N/A Lot Coverage: N/A 9. Proposed Lot(if applicable): See Section 7.8(1)of NAZB and Legal Memo Lot Area(Sq. Ft): 64,487+/- Building Height: <35 Feet _ Street Frontage 273.2+/-Feet _ Side Setbacks:20.0 and 103.0 Feet Front Setback: 57.5 Feet Rear Setback: 230 Feet Floor Area Ratio N/A Lot Coverage: N/A 10. Required Lot(as required by Zoning Bylaw): See Sections 7.8(1),7.4 of NAZB and Legal Memo #' Page 1 of 2 1600 Osgood Street,North Andover,Bldg.20,Suite 2-36 Planning Dept.,Massachusetts 01845 Phone 978.688.9535 Fax 978.688.9542 Web www.townofnorthandover.com Edited 8/6/07 1 Floor Area Ratio N/A Lot Coverage: N/A 10. Required Lot(as required by Zoning Bylaw): See Section 7.8(1)of NAZB and Legal Memo Lot Area(Sq. Ft): >5,0000 Building Height: 35 Feet Street Frontage: .>50 Feet Side Setbacks: 12 Feet Front Setback: 20 Feet Rear Setback: 20 Feet Floor Area Ratio: N/A Lot Coverage: N/A 11. Existing Building(if applicable): NOT APPLICABLE. Ground Floor(Sq. Ft.): #of Floors: Total Sq. Ft.: Height: Use: Vacant Type of Construction: 12. Proposed Building: Ground Floor(Sq. Ft.): 1.156 #of Floors: 2 Total Sq. Ft. 2,700 Height: <35 Feet Use Single Family Residential Type of Construction:Wood Frame 13. Has there been a previous application for a 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 and 10.31. . 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 result in a dismissal by the Planning Board of this application as incom te. 6it Petitioner's Signature: ./ � Print or type name here:' epherf M. Smolak Owner's Signature: Print or type name here: Edward J. Welch as Trustee of the Edward C. Welch Trust Se attached Authorization Letter. 16. Please list title of plans and documents you will be attaching to this application. See list of plans and specifications described in attached Memorandum. . { Page 2 of 2 1600 Osgood Street,North Andover,BIdg.20,Suite 2-36 Planning Dept.,Massachusetts 01845 Phone 978.688.9535 Fax 978.688.9542 Web www.townofnorthandover.com Edited 8/6/07 i TOWN OF NORTH ANDOVER PLANNING BOARD APPLICANT: STEPHEM M. SMOLAK OWNER: E.C.W. TRUST PROPERTY: 358 DALE STREET MEMORANDUM IN SUPPORT OF APPLICATION FOR WATERSHED PROTECTION DISTRICT SPECIAL PERMIT SPECIAL PERMIT (Sections 4.136 and 10.3 of North Andover Zoning Bylaw) I. INTRODUCTION Stephen Smolak (the "Applicant") is request the Planning Board to grant a Watershed Protection District Special Permit for the construction of a single family dwelling on an existing vacant parcel of land known and numbered as 358 Dale Street. The site contains approximately 1.48 acres of land and is designated on the Town of North Andover Assessor's Maps as Map 64, Lot 26 (the "Property"). The Property is located on the north side of Dale Street. The Property is currently vacant and has been a vacant lot since its creation in 1951. The Property is located within the Residential 1 (R-1) Zoning District within which the proposed Project use for a single family dwelling is permitted by right but subject to the relief described below. The Applicant has entered into a contract to purchase the Property from the Owner. II. PROPOSED PROJECT The Applicant proposes to construct a single family residential dwelling, along with landscaping, parking and other improvements on the Property. Sewer and water service would be tied into the Property through existing lines in Dale Street. The Site Plans showing the proposed layout and related improvements are attached as EXHIBIT D. III. REQUIRED RELIEF AND APPLICABLE ZONING REQUIREMENTS Based upon our preliminary review of the proposed improvements, and after a meeting with the Building Commissioner, the Applicant has determined that a Watershed Protection District Special Permit (Sections 4.136 and 10.3 of NAZB) is required since the Property lies within the Watershed Protection District. In addition to approvals required from the Planning Board, the proposed Project will require an Order of Conditions issued by the North Andover Conservation Commission. Watershed Protection District Special Permit Memorandum -- Planning Board 1 We also note that the Property consists of 1.48 acres in size, and the record owner of the Property (the "Owner") is Edward J. Welch, Jr. as Trustee of E.C.W. Trust which acquired the Property from Eileen Welch on December 26, 1991 pursuant to a deed recorded with the Essex North Registry of Deeds in Book 3370, Page 99 (the "1991 Deed"). The Property was originally acquired by Edward J. Welch and Eileen C. Welch, husband and wife, as tenants by the entirety on February 20, 1951 and recorded with said Deeds in Book 747, Page 238 (the "1951 Deed"). Both deeds refer to the property description depicted on a plan entitled "Plan of Land in North Andover, Mass. As surveyed for Edward J. Welch, dated November, 1950, prepared by Ralph B. Brasseur, CE" (the "1951 Plan"). The 1951 Plan depicting the Property was recorded with the 1951 Deed on March 9, 1951 as Plan Number 2344. Based upon our review of the title to the Property, the lot containing the Property was first depicted on the 1951 Plan, and was recorded in 1951 with the 1951 Deed. Based upon our review of the title, the lot depicted on the 1951 Plan has not been owned in common with any other adjoining lot since the lot was created. Based upon our review of the title and historic records, the Property has been vacant since created as a separate lot in 1951. Dimensional requirements applicable to a lot located within the R-1 Zoning District under the NAZB include the following: Min. Lot Size (87,120 s.f.); Maximum Height (35 feet); Min. Street Frontage (175 feet); Min. Front, Side and Rear Setbacks (30 feet). As depicted on the Site Plan, the Property does not comply with the current R-1 dimensional requirements such as minimum lot size (87,130 s.f.) and side yard setback (30 feet) requirements. However, Section 7 of the NAZB also includes dimensional requirements for certain grandfathered lots. Specifically, since the lot for the Property was created prior to April 28, 1986, the Property is not subject to contiguous buildable area (CBA) requirements (Section 7.1.1), nor is it subject to minimum lot width requirements and lot restriction requirements since the lot was created before May 1, 1995 (Sections 7.1.2 and 7.1.3(1) and (2)). As confirmed with the Building Commissioner, the Property is not subject to the minimum lot size or other dimensional requirements noted above which are otherwise applicable within the Residential-1 Zoning District since the Property constitutes a "grandfathered lot" within the meaning of both Section 7.8(1) of the NAZB, as well as the first sentence of the 4th Paragraph of Section 6 of M.G.L. c. 40A. More specifically, Section 7.8 of the NAZB provides a limited grandfathering provision, or exemption, from dimensional requirements for lots in existence prior to January 9, 1957. Specifically, Section 7.8(1) of the NAZB states that the "residential lot areas and frontages above required and listed in Table 2 shall not apply in any residence district to any lot of less area or less frontage than above required if"such lot be not adjoined by other land of the same owner, available for combination with or use Watershed Protection District Special Permit Memorandum -- Planning Board 2 in connection with such lot, provided that the applicant for a building permit on any such lot shall show by citations from the Essex County Registry of Deeds incorporated in or attached to such application that such lot was lawfully laid out and duly recorded by plan or deed prior to January 9, 1957 and provided that on such a lot there shall be kept open and not built upon a front yard and a rear yard each not less than 20 feet deep, and two side yards, each not less than 12 feet wide; and further provided that such lot shall have a minimum street frontage of 50 feet and a minimum lot area of 5,000 square feet." The Property falls squarely within the exception allowed under Section 7.8(1) since the lot was created by the 1951 Plan, does not adjoin, and has not adjoined, or abut land of the same owner, and the lot was created in 1951 by virtue of the recording of the 1951 Plan attached in Exhibit A. As a result, the 1951 Plan was recorded prior to January 9, 1957. Moreover, based upon the attached Site Plan, the proposed structure meets or exceeds the minimum front and rear setbacks of 20 feet, the minimum side setbacks of 12 feet, the minimum street frontage of 50 feet, and the minimum lot area of 5,000 square feet. Attached as EXHIBIT B is a letter from the Building Commissioner, dated February 2, 2012, in response to a letter from the Applicant's attorney, dated February 1, 2012, which confirms the Property falls within the exemption created under Section 7.8(1) of the NAZB for certain dimensional requirements. A. WATERSHED PROTECTION DISTRICT CRITERIA (Section 4.136) The Project is also located entirely within the Watershed Protection District boundaries so work on the Property must comply with Section 4.136 of the NAZB. Moreover, since the Property is located on a lot recorded on March 9, 1951 (i.e., prior to the date of the enactment of amendments to the District in 1994), the revised provisions relating to the Conservation Zone and the enlargement of the Non-Disturbance Zone and the Non-Discharge Zones do not apply to the Project as described in Section =' 4.136(2)(f) of the NAZB. Accordingly, the following are the zones applicable to the Project: Table 2. Lots created on or prior to October 24, 1994 Non-Disturbance Non-Discharge From Edge of All 100 Feet 325 Feet Wetland Resource Areas Within the Watershed District Watershed Protection District Special Permit Memorandum -- Planning Board 3 Within the 100-foot Non-Disturbance Buffer Zone, single family residential use is allowed by right, but uses allowed by Special Permit in the 100-foot Non-Disturbance Zone include changes to topography, vegetation removal, and the construction of a new structure but only after a variance has been granted by the Zoning Board of Appeals. See Section 4.136.3.c.ii(3). As shown on the Site Plan, however, there is no structure proposed within the 100-foot Non-Disturbance Zone, and so therefore, there would be no need to obtain a variance from the ZBA but a Watershed Protection District Special Permit is required. Y 7€ As shown on the Site Plan, several of the proposed new improvements, including the proposed dwelling and attached garage, are proposed to be located within the 325- foot Non-Discharge Zone from wetlands, as described in Section 4.136. Single family use is permitted by right within this Zone, but subsurface discharges from stormwater runoff would require a Planning Board Watershed Protection District Special Permit. Section 4.136(4) of the NAZB ("Special Permit Requirements") requires the following information to be provided: (a) a written certification by a Registered Professional Engineer, or other scientist educated in and possessing extensive experience in the science of hydrology and hydrogeology, stating that there will not be any significant degradation of the quality or quantity of water in or entering Lake Cochichewick, is attached as Exhibit C. (b) As demonstrated by the Site Plans and supporting information, there is no reasonable alternative location outside the Non-Disturbance and/or Non-Discharge Buffer Zones, for any discharge, structure, or activity, associated with the proposed use to occur. (c) As demonstrated by the Site Plans and supporting information in EXHIBIT C, all on-site activities including, but not limited to, construction and fertilizer applications will not create concentrations of nitrogen in groundwater, greater than the Federal limit at the down gradient property boundary. (d) Based upon a determination by the Project engineer, no concentrations of nitrogen or phosphorous are anticipated to be generated as part of this Project. (e) As demonstrated by the Site Plans and supporting information described herein, any runoff from impervious surfaces will, to the extent possible, be recharged on site and diverted toward areas covered with vegetation for surface infiltration. Accordingly, the Applicant respectfully requests the Board to find that, as a result of the proposed use in conjunction with other uses nearby, there will not be any significant degradation of the quality or quantity of water in or entering Lake Cochichewick. dr Watershed Protection District Special Permit Memorandum -- Planning Board 4 B. SPECIAL PERMIT APPROVAL CRITERIA (Section 10.31) Section 10.31 of the Zoning Bylaw provides that the Planning Board shall not approve any such application for a Special permit unless it finds that in its judgment all the following conditions are met. The following lists the criteria and how these criteria are met. a. The specific site is an appropriate location for such a use, structure or } condition. As the property is zoned for residential use, the site is an appropriate location for the proposed Project. The Property abuts single family residential homes both to the east and west of the Property, as well as across Dale Street. The site design compliments the surrounding uses and provides for sufficient traffic and circulation improvements, as well as sufficient water, sewer and other utilities. b. The use as developed will not adversely affect the neighborhood character. The Project provides appropriate building, landscaping and screening set back from the adjacent properties. The character of the architectural style of the proposed new building will complement the architectural style of z' existing residential dwellings located on Dale Street. Accordingly, the proposed use is well suited for its proposed location. b. Social, economic, or community needs which are served by the proposal. The Project proposed is a single family residential dwelling, and as such, provides for an addition to the Town's housing stock and provides for temporary construction jobs for those constructing the dwelling. At the same time, important environmental measures have been incorporated into the design such that the Project will not have an impact on the watershed of Lake Cochichewick. d. There will be no nuisance or serious hazard to vehicles or pedestrians. Driveways have been located to provide for the best available sight distance along Dale Street. Site improvements have been designed to maximize on-site and off-site safety. Watershed Protection Distract Special Permit Memorandum -- Planning Board 5 gf } e. Adequate and appropriate facilities will be provided for the proper operation of the proposed use. The project is adequately and appropriately serviced by municipal water, sewer and other utilities that adequately address the needs of the Project. Stormwater management facilities will provide adequate treatment of stormwater in accordance with applicable requirements. f. The use is in harmony with the general purpose and intent of this Zoning Bylaw. In addition to the reasons described herein and as shown on the Site Plans and other information submitted as part of the site plan review process, the proposed use is in harmony with the general purpose and intent of this Zoning Bylaw for the following reasons. First, the location of the proposed Project is ideally situated in an existing residential area Second, the project will incorporate measures which will not result in impacts the water quality within the Lake's watershed. Lastly, the project, as shown on the Site Plans, complies with the Zoning By-Law. For these reasons, all of the proposed improvements and enhancements noted herein are in harmony with the general purposes and intent of Section 1 ("Purposes") of the North Andover Zoning Bylaw. V. REQUEST FOR APPROVAL For the above reasons, Applicant respectfully requests that the Planning Board make the required findings and conditions described under Sections 4.136 and 10.31 of the North Andover Zoning Bylaw, and grant the Applicant's request for a Watershed Protection District Special Permit. Respectfully submitted, APPLICANT: Stephen Smolak By its attorneys, Jo T. Smolak, Esq. Smolak & Vaughan LLP East Mill, 21 High Street, Suite 301 North Andover, Massachusetts 01845 Tel. (978) 327-5215 Fax (978) 327-5219 Watershed Protection District Special Permit Memorandum -- Planning Board 6 EXHIBIT A 1951 PLAN AND DEED, AND 1991 �gg Watershed Protection District Special Permit Memorandum -- Planning Board 7 t3.3 `r- (J0- . II Welder of this mortgage shall be entitled to collect all costa,chargeay and *spun . . up to time of payment. This mortgage is upon the Statutory Condition an aad u pan the further condition that all ages nts of the mortgagor herein contained, and/or contained in the a rementimed note shall be promptly . formed,for any breach of whit the mortgagee shall have the Statutory Pow.• of Sale. And we, Harr J. Oilcreast and Cleve- ; land Gilcreast, husband an wife, severally elease to the mortgagee ali right, of CUETEST,DCWER and , •STEAD an• other interests in the mort- gaged premises. WITNESS our han. e. seals this eighth day of March, I I �! 1951.- . riet J. Gilcreast • I i I Commonwealth of Massachusetts. =a- Cle eland Gilcreast nex,ea. March d, 1951. The personally sp. red the above named Harriet J•Gilcreast and Cleve . Gilcreast, and ,eve ly acknowledged the foregoing Most to be their free act and den. before me, Halbert L Zw,Notary • c. My commission expires February 26, 1954. Essex,as., ' -ceived Mar. 9, 1951 at 17m pest 4P.M. Reno and Examined, F: _Dia erne SNOW ALL MEN BY MESE PRESENTS that the Lawrence Savings Bank, h•lder of La mace the within mortgage, acknowledges satisfaction of the same. IN WITNESS Sa .BaOk MIMEO?, the said Lawrence Savings Bank has caused its corporate seal to o be hereunto affised,an• the presents to be subscribed by to Treasurer, B ulileu this eighth day of Mar h, A.D., • 1. . . us Commonwealth of N9assac usette. Em- wrence Saving, Hunk (Corporate go . Dec. a'• as. Mch.d,1951. The. personaily,by red H. Smith ((( Seal _4,71 .P.59q, appears. he above name Alfred H. ) at.Treasurer Smith, Asst. surer and acknowledged the fo _oing instrument to be the free act and deed of the Lawrence Savings Bank, .- are me, Donald Ml Anderson, Notary Public.• 1eeex,ss. Received Mar. 9, 1951 at 25w past 4P.M. Recorded and Examiner / ----) 11er I, Philip T. Miller, of North Andover, Essex County,Massachusetta, Nei L1 unmarried, for consideration paid, grant to Edward J. Welch and Eileen E; lob C.Welch, huabmnd and wife, both of said North Andover, as joint tenants on and not as tenants bythe entirety, with QUITCLAIM covenants, the land ie North Andover,situated on the northerly aide of Dale Street and being BOOM and described as follows: Beginning at an iron pin an the nortkl- erly aide of said Dale Street and traveling along said Dale Street in a Bee Plan #244 southeasterly direction two hundred ninety nine and 23/100(299.23)feet Ca u 4t along a stoma wall to an iron pin by land of Philip T. Miller;thence f! Veturning and running as the stone wall now stands by land of the said 1 f k grantor northerly two hundred fifty nine and 56/100 (259.56)faet and ■ ' northeasterly one hundred ninety two and 90/100 (192.90)fset to an iron 1 . y 747 t; I 3 pin in said wall; thence turning and running in a westerly direction by other land of the grantor one hundred twenty seven and 05/100(127.05) feet to an iron pin in a wall by other land of the grantor;thence turn- ing and running in a southerly, easterly and southwesterly direction ; two hundred five (205), twenty five (25) and one hundred nine (109) fee I along the course of a stone wall by other land of the grantor to an iro pin on the northerly side of Dale Street,being the point first begun at • Containing one and 72/100 (1.72) acres end being more particularly shim j ! as the parcel of land on tine--nu tnerly aide of Dale Street,on a Plan of • Land entitled rr an of Land in North Andover,Maesachueetts,aa surveyed ! I for Edward J. Welch,Ralph B. Braeaeaur,C.E.,dated Novenber,1950",record' i ' ed herewith. The consideration for the within conveyance is less than +� { one hundred dollars ($100).Being part of the premises conveyed to me by { { the Town of North Andover, on August 21,1950,and being recorded in the orth Essex District Re ist $ g ry of Deede,Book 740,Page 305. WITNESS my ! i band and seal this twentieth day of)February, 1951. . . i • Charles W.Trombly. The Commonwealth}Philip T. Miller of Massachusetts. Eesex,ee. February 20,1951. Then personally appeared the above named Philip T. Miller, and acknowledged the foregoing instru. I I ' sent to be his free act and deed, before me, Charles W.Trombly, Justices I i. of the Peace. My commission expires January 23,1953. r 1 Esaex,es. Received Mar. 9, 1951 at 53m past 4P.M. Recorded and Examined ig Suffolk Savings Bank for Seamen and Othera,mortgagee and present holder +'Diseharte • `- of mortgage from Harriet J. Gilcreast and Florence A. Gilcreast,to said jSuffolk: • Suffolk Savings Bank for Seamen and Others,dated March 1, 194 : ord- gay. Bank e. - . Essex North Deeds, in Book 695, Page 185, ackn. ,dges setis- Seamen . ' faction of • same. IN WITNESS WHEREOF, the said (folk Savings Bank Others , 'tor Seaman and Oth: . has caused its corpora - seal to be hereto affi to II ed,and these presents to signed in it me and behalf by Sherman R. ilcteast Peppard, its Treasurer, this to ft• day of March, A.D., 1951.- et1 al The Commonwealth of Massachuse a. • folk Savings Bank (Corporate• 1 )tort. Rec. : Suffolk,ss. March 12, 195 Then for S en and Others ( Seal $.e95. !P.145. ; personally appeared t above named by Sherman Peppard I • Sherman H. Pepper., and acknowledg- Trees. er s ed the forego ng instrument to be the free act and deed o - folk Sev-1 ) Inge Bank for Seamen and Others, before me, Cora I. Blanchard,Nbtary Public. My commission expires July 24, 1954. (Material Seal).. I , $eeex,ss. Received Mar.13,1951 at 26m past 4P.M. Recorded and Examined. 1 bean ;to I, Eva Pontbriand, of Methuen, Essex County,M ssachu tts, e arried ,Lo o oai ; ? for considerati aid, grant Benjamin tdra and Eva aid husband 1[etdra . qt ut ; , •• •III t i P n . 13K8370 s:, m Eileen C. Welch ° or North Andover, Bases CesncO.lsss,tlsasr i. h eesidnnti.s or leer�i � e`Eundred Dollars (6100.00) M • 1(t was Io Edward J. welch, Jr. Trustee of I.C.W. Trust under Declara- tion of Trust dated December, 26, 1991end recorded herewith. 'f ;' � •of 357 Dale Street, North Andover, Ness. \,.........../ Or had is North Anaouer situated on the northerly sib of nth Street and being . bounded and demoribed as follows, N 1 at an iron pin an the northerly side of said Wale Street and e traveling along said Hale Street in a southeasterly direction nano hundred ninety, as nine and 23/100 (299.23) foot along a atone wall toast iron pin by Undue Philip s T. Miller; theme turning and running as the stone no r well r stands by land of said •• Miller northerly two hundred fifty-nine and 56/100 (259.56) feet and nestheesbeely ! a one hundred ninety-two and 90/100 (192.90) feet to an iron pin is said wall; thence turning and running in a westerly direction by other land of Willer me hundred (...N\ • trmrty-swim and 05/100 (127.05) feet to an iron pin in a ,all by other land of ' Miller, thence turning red e running in a southerly, easterly and southwesterly direction two hundred five (2OS), twenty-five (25) and one hundred airs (109) feat, along the course of a'bona wall by other land of Miller tom iron pin on the . 4 northerly aide of Dale Street,being the point first keenest. O 1taining one and 72/100 (1.72) auras red being sae particularly shorn se the parcel of land an the northerly ablate Dale Street an a plan of land entitled *Plan of land is<North Salkmr, kbeeechusettm an wrvsyad for Meal Jr. Welch, lelph B. Oreenerr, C.B., Betel lawsker, 1930a n e premises oemd tope and my Les h ebsnd, Bead J.Wsldr, by Seine dated of Dsedsn Omsk 747, lreg236• 20, 1951, reoottled at hlvst)e Match*lhterree fYeyirisr Maud J. Balch died.11 see 1, 1919. [sarnrl•■a■sii,)Ird Isaennsr,sl Iii 26th id ��� »91 Eileen C. Welch (.....\ I • . j � , • . • gip gemassibrak 4 Illessadpaseas sssw( • , December li, 19 91 ! ne/rib' r w siwa;Hord Blase C. Welch . 3 i i• •f $1 1 I me srasshw*i No leg e%lamer;;r r h 1iw as r. • Wire we R - 11. T ly • Hear araYrisw refer Sept. 23,�� Moorded Deo.27,1� at 2iyppp Z5 • • • • T. ' r 3' �' r •_,�Jy'"c -- 3 1 NUN.,- le I27.- U Phi4 0 Miller ,7 C I `9N L. Ai yeti S 1 1 ■pi` k` ° 1.12 Ames S i In 4 < \ t4'.y g ?� i'C'-4:9' z.-1. Acres bbQ • Totun of Is \ eir h A.iofavnr- /, .6., 0 ‘ 'j 4p13 - .t1( -At. Nawboxri- Y Ed1.1/i/7ea K.NegyArbsrty PLAN OF LAND °, i■ E NORTH ANDOVER , MA55. i ::., A5 5URVEYE D FOR. `` it--�o-o- EDWARD J. WELCH t'.i,?--- 11.; 5CALE I.a 80' h10V, 1950 RALPH B. BPASSEUR CE 51 HA MI LTO N AVE. H AVE PH ILL, MASS. '04 A ). a EXHIBIT B BUILDING INSPECTOR'S ZONING DETERMINATION is Watershed Protection District Special Permit Memorandum -- Planning Board 8 Town of North Andover Building Department ..NoRy„1 1. 4011k ti7 a'ACHust 1600 Osgood Street , u North Building Ando20verS,Mite a 012-36 845 February 2,2012 John T. Smolak,Esq. =' Smolak&Vaughan LLP East Mill,21 High Street, Suite 301 North Andover,MA 01845 Re: 0 Dale Street(Assessors Map 64,Lot 26)—Zoning Determination Dear Attorney Smolak: I have reviewed your February 1,2012 letter to me, including the proposed site plan and related title information concerning the subject property. Based upon the information provided,I have determined that the lot falls within the vacant lot grandfathering exemption found under the first sentence of the fourth paragraph of Section 6 of Chapter 40A which provides that"any increase in area,frontage,width,yard,or depth requirements of a by-law shall not apply to a lot for single and two-family residential use which at the time of recording or endorsement,whichever occurs sooner was not held in common ownership with any adjoining land,conformed to then existing requirements and had less than the proposed requirement but at least five thousand square feet of area and fifty feet of frontage." As a result,the lot is not subject to the current Residence-1 Zoning District dimensional requirements but is subject to the requirements of Section 7.8(1)of the NAZB since the title information supplied indicates that the lot does not adjoin another lot owned by the same owner and the current lot was recorded with the registry of deeds as Plan#2344 on March 9, 1951 which is prior to January 9, 1957 as required by this bylaw. Accordingly,the applicable setbacks for the lot,as provided under Section 7.8(1)of the NAZB, include front and rear yard setbacks of 20 feet,and a side yard setback of 12 feet. Based on the site plan provided to me,the lot contains in excess of the minimum 50-foot frontage and 5,000 square feet lot size requirements under Section 7.8(1). With regard to the Watershed Protection District requirements of the NAZB,since the lot was recorded before the amendments to Section 4.136 of the NAZB on October 24, 1994,Table 2 (For Lots Created Prior to October 24, 1994)applies to the lot which means that both the 100-foot Non-Disturbance Buffer Zone and the 325-Foot Non-Discharge Buffer Zone apply as setbacks from the edge of wetlands within the Watershed Protection District. Provided that no structure is constructed within the 100-foot Non-Disturbance Zone,then no variance for new construction is required. However,proposed work in both zones requires the issuance of a Watershed Protection District Special Permit from the Planning Board. Please let me know if I can be of further assistance. Sincer l , 3 ,q N G raid Bros Building Commissioner a i k fi } fr 4`. EXHIBIT C WATER QUALITY CERTIFCATIONS AND ANALYSES ki { Watershed Protection District Special Permit Memorandum -- Planning Board 9 is February 17, 2012 John Simons, Chairman Planning Board Town of North Andover 1600 Osgood Street North Andover, Massachusetts 01845 RE: Application for Watershed Protection District Special Permit Property: 358 Dale Street(Assessors Map 64, Lot 26) Proposed Single Family Residential Dwelling Applicant: Stephen Smolak Dear Chairman Simons and Other Board Members: On behalf of the Applicant, this letter serves as a certification that there will not be any significant degradation of the quality or quantity of water in or entering Lake Cochichewick as a result of the above-referenced project. The site has been designed to minimize the impact of the project to the buffer zones associated with the Watershed Protection District. Stormwater management for the site incorporates on-site recharge from impervious surfaces through infiltration as well as providing 80% TSS removal per the DEP Stormwater Management Policy, and the use of lawn fertilizers will be limited to organic methods with reduced nitrogen content. Please feel free to contact this office should you have any questions. Sincerely, 4`"'s OF MgS0.9 ? PATRICK L. (lc),BOWER =i' U CIVIL `" a ��O P,, `� / It Patrick Bower, P.E. } 358 Dale Street E North Andover, Mass. y p Stormwater Report 3 Prepared for: Stephen Smolak February 17, 2012 4: Prepared by: 1 Engineering and Surveying Services t 70 Bailey Court Haverhill, MA 01932 6. 1 • 1 P t 3 • .....-. ."''"..".. ''' '".'''....'.'. "'..."'... .".".'1> 2P i ROOF AREA STORMTECH ,. t' Y- F}}F: 1 € i SUbcat Reach 'on• Link Drainage Diagram for 358DALE Prepared by ESS 2/17/2012 HydroCAD®8.00 s/n 004178 0 2006 HydroCAD Software Solutions LLC X 358DALE i';: Prepared by ESS Page 2 HydroCADD 8.00 sin 004178 ©2006 HydroCAD Software Solutions LLC 2/17/2012 Area Listing (all nodes) Area (acres) CN Description (subcats) 1 0.041 98 Paved parking & roofs (1S) 0.041 i r k is s i 1 z ti F. 8 S' n 358DALE Type III 24-hr 100 year Rainfall=6.50" Prepared by ESS Page 3 HydroCAD®8.00 s/n 004178 ©2006 HydroCAD Software Solutions LLC 2/17/2012 Subcatchment 1S: ROOF AREA Runoff = 0.26 cfs @ 12.09 hrs, Volume= 0.022 af, Depth> 6.26" Runoff by SCS TR-20 method, UH=SCS, Time Span= 0.00-24.00 hrs, dt= 0.05 hrs Type III 24-hr 100 year Rainfall=6.50" Area (sf) CN Description 1,800 98 Paved parking & roofs 1,800 Impervious Area Tc Length Slope Velocity Capacity Description (min) (feet) (ft/ft) (ft/sec) (cfs) 6.0 Direct Entry, Subcatchment 1S: ROOF AREA Hydrograph - I I 1 I 0.28- I I I I I I I I 1 E3 Runoff ::: �I I 1 II I I JO26deI I I- y0e 2 i 0v►1 1 I ?, .----------�--.-- � 0 22- 1 I I 1 0.2- Ruh off 1 y8OO sf: �. 0.18 Rulolf IQJurne=0.022 a a riI I 1 1 I I � 0.16 Runol#bepth>&.26'- :.::, _ J _ : J 1 1 J 1 L 014 V.Y[��[��]]JJIIRR I 1 0.08-' 0.06 I L J 1 J 0.04 ) 1 __y__r__r____y__y Y 0.02- 0 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 Time (hours) • 358DALE Type III 24-hr 100 year.Rainfall=6.50" Prepared by ESS Page 4 HydroCAD®8.00 sin 004178 ©2006 HydroCAD Software Solutions LLC 2/17/2012 Pond 2P: STORMTECH Inflow Area = 0.041 ac, Inflow Depth > 6.26" for 100 year event Inflow = 0.26 cfs @ 12.09 hrs, Volume= 0.022 af Outflow = 0.02 cfs @ 11.00 hrs, Volume= 0.022 af, Atten= 93%, Lag= 0.0 min Discarded = 0.02 cfs @ 11.00 hrs, Volume= 0.022 af Primary = 0.00 cfs @ 0.00 hrs, Volume= 0.000 af Routing by Stor-Ind method, Time Span= 0.00-24.00 hrs, dt= 0.05 hrs Peak Elev= 194.85' @ 13.40 hrs Surf.Area= 320 sf Storage= 368 cf Plug-Flow detention time= 157.6 min calculated for 0.021 af(100% of inflow) Center-of-Mass det. time= 156.4 min ( 900.0- 743.6) Volume Invert Avail.Storage Storage Description #1 192.50' 275 cf 10.00'W x 32.00'L x 2.50'H Stone 800 cf Overall - 112 cf Embedded = 688 cf x 40.0% Voids #2 193.50' 112 cf 32.1"W x 12.0"H x 7.50'L Cultec C-100 x 8 Inside#1 387 cf Total Available Storage Device Routing Invert Outlet Devices #1 Discarded 0.00' 2.400 in/hr Exfiltration over Surface area #2 Primary 196.00' 4.0"Vert. Orifice/Grate X 2.00 columns X 2 rows with 36.0" cc spacing C= 0.600 Discarded OutFlow Max=0.02 cfs @ 11.00 hrs HW=192.57' (Free Discharge) t-1=Exfiltration (Exfiltration Controls 0.02 cfs) Primary OutFlow Max=0.00 cfs @ 0.00 hrs HW=192.50' (Free Discharge) t-2=Orifice/Grate ( Controls 0.00 cfs) 358DALE Type III 24-hr 100 year Rainfall=6.50" Prepared by ESS Page 5 HydroCAD®8.00 s/n 004178 ©2006 HydroCAD Software Solutions LLC 2/17/2012 Pond 2P: STORMTECH Hydrograph 1 1 1 1 1 1 1 1 1 I 1 I I II II 1 I I I I I r I I I I 1 I I I I I -- - - - 1- 4 1- 111 Inflow ..,� 1 0.26 ds I 0 Outflow --inflow Area=O-041-at I ■Discarded 0.28-: 1 1 I I ®Primary • F�ea - eV•"" T 8 I I 1 I 0.26. �i'_ � _�___ _a 4 -1_ 4___ _IJ -4 ,__�_ �__ i I //�JCS/y��1 0.24 y" -Store-g0'=36&o f 1 1 1 TO_{�/iG �/ YI V I I I 1 I I I 0.22 ' 1 1 11 ti 0.27" ill I 1 I I I I I I I I I I 1 I I I 1 I 0.16:-' I I I I 1 I I I I I 1 I 0.14=' � I I I LL. 0.12- I I I I I I I - -r----r-1--r-7--r-1--r 0.1=�' 0.08 0.06- 0.02 d5 q • 0. s 0 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 Time (hours) e ,. EXHIBIT D SITE PLANS 1 { { II y.' Watershed Protection District Special Permit Memorandum -- Planning Board 10