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CONSERVATION DEPARTMENT
Community Development Division
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NEGATIVE DETERMINATION OF APPLICABILITY
SPECIAL CONDITIONS 1
Gas Main Installation— 1160 Great Pond Road, North Andover
At the October 7, 2015 p ublic hearing, the North Andover Conservation Commission (NACC) voted to s
issue a Negative Determination of Applicability for the installation of 1,100 linear feet of natural gas pipe
portions of which are within the 100 foot Buffer Zone to Bordering Vegetated Wetland. Gas pipe will be
installed in the existing paved roadway and/or edge of paved roadway leading to the existing science I
building at Brooks School. Pipe will be installed using the Open Trench Method described in the herein
referenced documents. The project will conform to the following:
Applicant: Columbia Gas of MA
995 Belmont Street
Brockton,MA 02301
Representative: Merrill Corporation
Joshua Bows,PE
427 Columbia Road
Hanover,MA 02339
Record Documents: Request for Determination of Applicability Form 1 and supporting
materials, submitted: September 21, 2015
Record Plans: Titled: Wetland Delineation Overlay Plan (Key Sheet and Sheet 1)
Prepared by: Merrill Corporation
Date: August 2015
SPECIAL CONDITIONS:
1. The applicant shall ensure that the site contractor has reviewed the Determination and is aware of the
wetland resource area and the limits of the proposed work.
2. Prior to the start of construction, the contractor will install erosion controls between the proposed
work and wetland resource areas as described in the herein referenced documents. Silt Sacks shall be
installed in all catch basins along the work route.
1600 Osgood Street,Suite 2035,North Andover,Massachusetts 01845
Phone 978.688.9530 Fax 978.688.9542
Web:http://www.townofnorthandover.com/Pages/NAndoverMA_Conservation/index
3. Prior to the start of work, the applicant will submit a plan of the gas pipeline corridor. This corridor
shall be located as far from wetland resource areas as is practicable.This plan will be subject to
approval by the Conservation Department.
4. Once erosion controls are installed, the contractor will contact the Conservation Department to
schedule a preconstruction meeting to inspect the installed erosion controls. fi
5. All trenches will be backfilled daily. No material stockpiling is proposed.
6. Upon completion of the approved project and site stabilization,please contact the Conservation
Department for a final inspection. Once approved, erosion controls can be removed.
1600 Osgood Street,Suite 2035,North Andover,Massachusetts 01845
Phone 978.688.9530 Fax 978.688.9542
Web:http://www.townofnorthandover.com/Pages/NAndoverMA_Conservation/index
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Massachusetts Department of Environmental Protection
Bureau of Resource Protection -Wetlands
WPA Form 2 — Determination of Applicability
Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 is
A. General Information
Important:
When filling out From:
forms on the North Andover
computer, use Conservation Commission
only the tab f
key to move To: Applicant Property Owner(if different from applicant):
your cursor Brooks School ,
do not use the Columbia Gas of MA
return key. Name Name
1160 Great Pond Road `
995 Belmont Street i
rab 0 Mailing Address Mailing Address
�-VVVVV Brockton MA 02301 North Andover MA 01845 I
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City/Town State Zip Code City/Town State Zip Code
1. Title and Date (or Revised Date if applicable) of Final Plans and Other Documents:
Wetland Delineation Overlay Plan (Key Sheet and Sheet 1) August 2015
Title Date
Title Date
Title Date
2. Date Request Filed:
September 21, 2015
B. Determination
Pursuant to the authority of M.G.L. c. 131, §40, the Conservation Commission considered your
Request for Determination of Applicability, with its supporting documentation, and made the following
Determination.
Project Description (if applicable):
Installing a gas main connection to Brooks School within the Buffer Zone to Bordering Vegetated
Wetland.
Project Location:
1160 Great Pond Road North Andover
Street Address City/Town
Map 103 28 & Public Roadway
Assessors Map/Plat Number Parcel/Lot Number
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Massachusetts Department of Environmental Protection
Bureau of Resource Protection - Wetlands
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WPA Form 2 — Determination of Applicability
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Massachusetts Wetlands Protection Act M.G.L. c. 131, §40
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B. Determination (cont.)
The following Determination(s) is/are applicable to the proposed site and/or project relative to the Wetlands
Protection Act and regulations:
Positive Determination ,
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Note: No work within the jurisdiction of the Wetlands Protection Act may proceed until a final Order of i
Conditions(issued following submittal of a Notice of Intent or Abbreviated Notice of Intent)or Order of
Resource Area Delineation (issued following submittal of Simplified Review ANRAD)has been received
from the issuing authority (i.e., Conservation Commission or the Department of Environmental Protection).
❑ 1. The area described on the referenced plan(s) is an area subject to protection under the Act.
Removing,filling, dredging, or altering of the area requires the filing of a Notice of Intent. i
boundary delineations of the following resource areas described on the referenced plan(s) are I
❑ 2a. The y
confirmed as accurate.Therefore, the resource area boundaries confirmed in this Determination are
binding as to all decisions rendered pursuant to the Wetlands Protection Act and its regulations regarding t
such boundaries for as long as this Determination is valid.
❑ 2b. The boundaries of resource areas listed below are not confirmed by this Determination,
regardless of whether such boundaries are contained on the plans attached to this Determination or
to the Request for Determination.
❑ 3. The work described on referenced d edgecor1alter is
within an area
ThereforeUbl t aidwork
protection under the Act and will
requires the filing of a Notice of Intent.
❑ 4. The work described on referenced plan(s) and document(s) is within the Buffer Zone and will
alter an Area subject to protection under the Act. Therefore, said work requires the filing of a
Notice of Intent or ANRAD Simplified Review (if work is limited to the Buffer Zone).
❑ 5. The area and/or work described on referenced plan(s) and document(s) is subject to review
and approval by:
Name of Municipality
Pursuant to the following municipal wetland ordinance or bylaw:
Ordinance or Bylaw Citation
Name
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Massachusetts Department of Environmental Protection
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Bureau of Resource Protection -Wetlands
WPA Form 2 - Determination of Applicability
Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 tt
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B. Determination (cont.)
❑ 6. The following area and/or work, if any, is subject to a municipal ordinance or bylaw but not I
subject to the Massachusetts Wetlands Protection Act:
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❑ 7. If a Notice of Intent is filed for the work in the Riverfront Area described on referenced plan(s)
and document(s), which includes all or part of the work described in the Request, the applicant
must consider the following alternatives. (Refer to the wetland regulations at 10.58(4)c. for more
information about the scope of alternatives requirements): i
❑ Alternatives limited to the lot on which the project is located.
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❑ Alternatives limited to the lot on which the project is located, the subdivided lots, and any i
adjacent lots formerly or presently owned by the same owner.
❑ Alternatives limited to the original parcel on which the project is located, the subdivided
parcels, any adjacent parcels, and any other land which can reasonably be obtained within
the municipality.
❑ Alternatives extend to any sites which can reasonably be obtained within the appropriate
region of the state.
Negative Determination
Note: No further action under the Wetlands Protection Act is required by the applicant. However, if the
Department is requested to issue a Superseding Determination of Applicability, work may not proceed
on this project unless the Department fails to act on such request within 35 days of the date the
request is post-marked for certified mail or hand delivered to the Department. Work may then proceed
at the owner's risk only upon notice to the Department and to the Conservation Commission.
Requirements for requests for Superseding Determinations are listed at the end of this document.
❑ 1. The area described in the Request is not an area subject to protection under the Act or the
Buffer Zone.
❑ 2. The work described in the Request is within an area subject to protection under the Act, but will
not remove, fill, dredge, or alter that area. Therefore, said work does not require the filing of a
Notice of Intent.
® 3. The work described in the Request is within the Buffer Zone, as defined in the regulations, but
will not alter an Area subject to protection under the Act. Therefore, said work does not require
the filing of a Notice of Intent, subject to the following conditions (if any).
Bylaw only (see conditions attached)
❑ 4. The work described in the Request is not within an Area subject to protection under the Act
(including the Buffer Zone). Therefore, said work does not require the filing of a Notice of Intent,
unless and until said work alters an Area subject to protection under the Act.
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Massachusetts Department of Environmental Protection
Bureau of Resource Protection -Wetlands
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WPA Form 2 - Determination of Applicability
Massachusetts Wetlands Protection Act M.G.L. c. 131, §40
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B. Determination (cont.)
® 5. The area described in the Request is subject to protection under the Act. Since the work
described therein meets the requirements for the following exemption, as specified in the Act and
the regulations, no Notice of Intent is required:
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10.02 (2)(b)(2)(i)
Exempt Activity(site applicable statuatory/regulatory provisions) t'
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❑ 6. The area and/or work described in the Request is not subject to review and approval by
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Name of Municipality t t
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Pursuant to a municipal wetlands ordinance or bylaw.
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Name Ordinance or Bylaw Citation z
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C. Authorization
This Determination is issued to the applicant and delivered as follows:
❑ by hand delivery on ® by certified mail, return receipt requested on
Date Date
This Determination is valid for three years from the date of issuance (except Determinations for
Vegetation Management Plans which are valid for the duration of the Plan). This Determination does not
relieve the applicant from complying with all other applicable federal, state, or local statutes, ordinances,
bylaws, or regulations.
This Determination must be signed by a majority of the Conservation Commission. A copy must be sent to
the appropriate DEP Regional Office (see
http://www.mass.gov/eea/agencies/massdep/about/contacts/find-the-massdep-regional-office-for-Vou r-
city-or-town.html) and the property owner if different from the applicant).
Signat i es: ,/ I//
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1 11 -t — 10 — ...-N
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Date
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Massachusetts Department of Environmental Protection
Bureau of Resource Protection -Wetlands
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WPA Form 2 — Determination of Applicability
Massachusetts Wetlands Protection Act M.G.L. c. 131, §40
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D. Appeals
The applicant, owner, any person aggrieved by this Determination, any owner of land abutting the land
upon which the proposed work is to be done, or any ten residents of the city or town in which such land is
located, are hereby notified of their right to request the appropriate Department of Environmental
Protection Regional Office(see http://www.mass.gov/eea/agencies/massdep/about/contacts/find-the-
massdep-regional-office-for-your-city-or-town.html)to issue a Superseding Determination of Applicability.
The request must be made by certified mail or hand delivery to the Department, with the appropriate filing
fee and Fee Transmittal Form (see Request for Departmental Action Fee Transmittal Form) as provided in
310 CMR 10.03(7)within ten business days from the date of issuance of this Determination. A copy of the tl
request shall at the same time be sent by certified mail or hand delivery to the Conservation Commission
and to the applicant if he/she is not the appellant. The request shall state clearly and concisely the
objections to the Determination which is being appealed. To the extent that the Determination is based on
a municipal ordinance or bylaw and not on the Massachusetts Wetlands Protection Act or regulations, the
Department of Environmental Protection has no appellate jurisdiction.
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Massachusetts Department of Environmental Protection DEP File Number
Bureau of Resource Protection - Wetlands b
Request for Departmental Action Fee
q Provided by DEP
Transmittal Form
Massachusetts Wetlands Protection Act M.G.L. c. 131, §40
A. Request Information
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1. Location of Project i
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a. Street Address b.City/Town,Zip
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c.Check number d. Fee amount
Important: [
2 Person or party making request(if appropriate, name the citizen group's representative):
When filling
out forms on
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the computer, Name
use only the t
tab key to Mailing Address
move your
cursor-d0 City/Town State Zip Code
not use the
return key. Phone Number Fax Number(if applicable)
46 3. Applicant(as shown on Determination of Applicability (Form 2), Order of Resource Area Delineation
(Form 4B), Order of Conditions (Form 5), Restoration Order of Conditions (Form 5A), or Notice of
Non-Significance(Form 6)):
Name
Mailing Address
City/Town
State Zip Code
Phone Number Fax Number(if applicable)
4. DEP File Number:
B. Instructions
1. When the Departmental action request is for(check one):
❑ Superseding Order of Conditions—Fee: $120.00(single family house projects)or$245(all other
projects)
❑ Superseding Determination of Applicability— Fee: $120
❑ Superseding Order of Resource Area Delineation—Fee: $120
Send this form and check or money order, payable to the Commonwealth of Massachusetts, to:
Department of Environmental Protection
Box 4062
Boston, MA 02211
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wpaform2.doc•Request for Departmental Action Fee Transmittal Form•rev.12/15
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Massachusetts Department of Environmental Protection t
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Bureeq au of Resource for Departmental Protection - Wetlands
Transmittal Form Action Fee DEP File Number:
Request
Provided by DEP
Massachusetts Wetlands Protection Act M.G.L. c. 131, §40
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B. Instructions (cont.)
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2. On a separate sheet attached to this form, state clearly and concisely the objections to the
Determination or Order which is being appealed. To the extent that the Determination or Order is 1
based on a municipal bylaw, and not on the Massachusetts Wetlands Protection Act or regulations,
the Department has no appellate jurisdiction.
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3. Send a copy of this form and a copy of the check or money order with the Request for a s
Superseding Determination or Order by certified mail or hand delivery to the appropriate DEP
Regional Office (see http://www.mass.gov/eea/agencies/massdep/about/contacts/). t.
4. A copy of the request shall at the same time be sent by certified mail or hand delivery to the
Conservation Commission and to the applicant, if he/she is not the appellant. f
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wpaform2.doc•Request for Departmental Action Fee Transmittal Form•rev.12/15 Page 2 of 2
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Massachusetts Department of Environmental Protection Provided by MassDEP:
MassDEP File#:242-1633
Bureau of Resource Protection-Wetlands
WPA Form 5-Order of Conditions eDEP Transaction#:699735
City/Town:NORTH ANDOVER
Li Massachusetts Wetlands Protection Act M.G.L.c. 131, §40
A. General Information
1. Conservation Commission NORTH ANDOVER
2. Issuance a. F OOC b.E Amended OOC
3.Applicant Details i
a.First Name BRIAN b.Last Name PALM
c.Organization BROOKS SCHOOL
d.Mailing Address 1160 GREAT POND ROAD
e.City/Town NORTH ANDOVER f.State MA g.Zip Code 01845 t
i 4.Property Owner i
a.First Name b.Last Name
c.Organization BROOKS SCHOOL s
d.Mailing Address 1160 GREAT POND ROAD
e.City/Town NORTH ANDOVER f.State MA g.Zip Code 01845 1
, 5.Project Location
a.Street Address 1160 GREAT POND ROAD 1
b.City/Town NORTH ANDOVER c.Zip Code 01845
d.Assessors Map/Plat# 103 e.Parcel/Lot# 28 r
f.Latitude 42.70245N g.Longitude 71.087W i
6.Property recorded at the Registry of Deed for: 1
a.County b.Certificate c.Book d.Page r
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NORTHERN ESSEX 0 0 f
7.Dates
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a.Date NOI Filed: 10/27/2014 b.Date Public Hearing Closed: 11/19/2014 c.Date Of Issuance: 11/20/2014
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8.Final Approved Plans and Other Documents i
a.Plan Title: b.Plan Prepared by: c.Plan Signed/Stamped by: d.Revised Final Date: e.Scale:
BROOKS SCHOOL WHITMAN&
DOCKS BINGHAM NONE November 4,2014 1"=10'
ASSOCIATES,LLC
RETAINING WALL DAIGLE ENGINEERS, JONATHAN M.
REPAIR-CROSS INC LONGCHAMP,P.E. 11/04/14 3/8"=1-0"
SECTION
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L Massachusetts Department of Environmental Protection Provided by MassDEP:
NI\Ck'
MassDEP File#:242-1633
Bureau of Resource Protection-Wetlands Mas Transaction#:699735 ,
WPA Form 5 - rder of Conditions City/Town:NORTH ANDOVER t
Massachusetts Wetlands Protection Act GL.c. 131,§40 k'
B. Findings
1.Findings pursuant to the Massachusetts Wetlands Protection Act
Following the review of the the above-referenced Notice of Intent and based on the information provided in this application and
presented at the public hearing,this Commission finds that the areas in which work is proposed is significant to the following interests of
the Wetlands Protection Act.
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Check all that apply: 1
a. F Public Water Supply b. F Land Containing Shellfish c.F Prevention of Pollution
d. F Private Water Supply e. F Fisheries f. F Protection of Wildlife Habitat
g. F Ground Water Supply h. F Storm Damage Prevention i. F Flood Control t
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2.Commission hereby finds the project,as proposed,is: 8
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Approved subject to:
a.F The following conditions which are necessary in accordance with the performance standards set forth in the wetlands regulations.
This Commission orders that all work shall be performed in accordance with the Notice of Intent referenced above,the following
General Conditions,and any other special conditions attached to this Order.To the extent that the following conditions modify or
differ from the plans,specifications,or other proposals submitted with the Notice of Intent,these conditions shall control.
Denied because:
b.r The proposed work cannot be conditioned to meet the performance standards set forth in the wetland regulations.Therefore,
work on this project may not go forward unless and until a new Notice of Intent is submitted which provides measures which are
adequate to protect interests of the Act,and a final Order of Conditions is issued.A description of the performance standards
which the proposed work cannot meet is attached to this Order.
c.r The information submitted by the applicant is not sufficient to describe the site,the work or the effect of the work on the interests
identified in the Wetlands Protection Act.Therefore,work on this project may not go forward unless and until a revised Notice of
Intent is submitted which provides sufficient information and includes measures which are adequate to protect the interests of the
Act,and a final Order of Conditions is issued.A description of the specific information which is lacking and why it is
necessary is attached to this Order as per 310 CMR 10.05(6)(c).
3.r Buffer Zone Impacts:Shortest distance between limit of project disturbance and the wetland resource
area specified in 310CMR10.02(1)(a). a.linear feet
Inland Resource Area Impacts:(For Approvals Only):
Proposed Permitted Proposed Permitted
Resource Area Alteration Alteration Replacement Replacement
4. F Bank 195 195 195 195
a.linear feet b.linear feet c.linear feet d.linear feet
5.F Bordering Vegetated Wetland 70 70 70 70
a.square feet b.square feet c.square feet d.square feet
6. r Land under Waterbodies and Waterways
a.square feet b.square feet c.square feet d.square feet
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Massachusetts Department of Environmental Protection Provided by MassDEP: z
Bureau of Resource Protection-Wetlands MassDEP File#:242-1633
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WPA Form 5 - Order of Conditions eDEP Transaction 4:699735
Cityffown:NORTH ANDOVER ,:
t Massachusetts Wetlands Protection Act MGL.c. 131, §40 t;
e.dy dredged f.c/y dredged 4'
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7.r Bordering Land Subject to Flooding i.
a square feet b.square feet c.square feet d.square feet
Cubic Feet Flood Storage t,'
e.cubic feet f.cubic feet g.cubic feet h.cubic feet 4.
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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 £cubic feet
9.r Riverfront Area
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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
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Coastal Resource Area Impacts: _'
Resource Area Proposed Permitted Proposed Permitted
Alteration Alteration Replacement Replacement
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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.dy nourishment d.c/y nourishment
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14.r Coastal Dunes t
a.square feet b.square feet c.dy nourishment d.dy nourishment
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15.r Coastal Banks
a.linear feet b.linear feet
16.r Rocky Intertidal Shores
a.square feet b.square feet
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17.r Salt Marshes
a.square feet b.square feet c.square feet d.square feet i
18.r Land Under Salt Ponds
a.square feet b.square feet F
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c.c/y dredged d.c/y dredged
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Massachusetts Department of Environmental Protection Provided by MassDEP:
Bureau of Resource Protection-Wetlands MassDEP File#:242-1633 N)y,
F5 df ondtioeDEP Transaction#:699735
Massachusetts Wetlands Protection Act M.G.L.c. 131, §40 City/Town:NORTH ANDOVER
t 19.r Land Containing Shellfish a.square feet b.square feet c.square feet d.square feet '
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Indicate size under Coastal Banks,inland Bads,Land Under the
20.r Fish Runs Ocean,and/or inland Land Under Watabodies and Waterways,
above f
c.c/y dredged d.r/r dredged
21.r Land Subject to Coastal Storm Flowage
a.square feet b.square feet
22.
r Restoration/Enhancement(For Approvals Only)
If the project is for the purpose of restoring or enhancing a wetland resource area in addition to the square footage that has been
entered in Section B.5.c&d or B.17.c&d above,please entered the additional amount here.
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a.square feet of BVW b.square feet of Salt Marsh
23.
r Streams Crossing(s)
If the project involves Stream Crossings,please enter the number of new stream crossings/number of replacement stream crossings.
a.number of new stream crossings b.number of replacement stream crossings
C. General Conditions Under Massachusetts Wetlands Protection Act
The following conditions are only applicable to Approved projects
1. Failure to comply with all conditions stated herein,and with all related statutes and other regulatory measures,shall be deemed
cause to revoke or modify this Order.
2. The Order does not grant any property rights or any exclusive privileges;it does not authorize any injury to private property or
invasion of private rights.
3. This Order does not relieve the permittee or any other person of the necessity of complying with all other applicable federal,
state,or local statutes,ordinances,bylaws,or regulations.
4. The work authorized hereunder shall be completed within three years from the date of this Order unless either of the following
apply: i
a.the work is a maintenance dredging project as provided for in the Act;or
b.the time for completion has been extended to a specified date more than three years,but less than five
years,from the date of issuance.If this Order is intended to be valid for more than three years,the
extension date and the special circumstances warranting the extended time period are set forth as a
special condition in this Order.
5. This Order may be extended by the issuing authority for one or more periods of up to three years each upon application to the
issuing authority at least 30 days prior to the expiration date of the Order.
6. If this Order constitutes an Amended Order of Conditions,this Amended Order of Conditions does not exceed the issuance
date of the original Final Order of Conditions.
7. Any fill used in connection with this project shall be clean fill.Any fill shall contain no trash,refuse,rubbish,or debris,including
but not limited to lumber,bricks,plaster,wire,lath,paper,cardboard,pipe,tires,ashes,refrigerators,motor vehicles,or parts of
any of the foregoing.
8. This Order is not fmal until all administrative appeal periods from this Order have elapsed,or if such an appeal has been taken,
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Massachusetts Department of Environmental Protection Provided by MassDEP:
MaSSDEP File#:242-1633
Bureau of Resource Protection-Wetlands
WPA Form -Order of Conditions eDEP Transaction#:699735
Iiiik City/Town:NORTH ANDOVER
Massachusetts Wetlands Protection Act M.G.L.c. 131, §40
until all proceedings before the Department have been completed.
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9. No work shall be undertaken until the Order has become fmal and then has been recorded in the Registry of Deeds or the Land
Court for the district in which the land is located,within the chain of title of the affected property.In the case of recorded land, s;
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 i
proposed work is to be done.In the case of the registered land,the Final Order shall also be noted on the Land Court 3:
Certificate of Title of the owner of the land upon which the proposed work is done.The recording information shall be submitted
to the Conservation Commission on the form at the end of this Order,which form must be stamped by the Registry of Deeds,
prior to the commencement of work..
10. A sign shall be displayed at the site not less then two square feet or more than three square feet in size bearing the words,
"Massachusetts Department of Environmental Protection" i%
[or'MassDEP"] r
File Number:"242-1633"
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. i
12. Upon completion of the work described herein,the applicant shall submit a Request for Certificate of Compliance(WPA Form
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8A)to the Conservation Commission. E
13. The work shall conform to the plans and special conditions referenced in this order. i
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14. Any change to the plans identified in Condition#13 above shall require the applicant to inquire of the Conservation Commission
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in writing whether the change is significant enough to require the filing of a new Notice of Intent. i
15. The Agent or members of the Conservation Commission and the Department of Environmental Protection shall have the right to M
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 t
F 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 i
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. 1
Sedimentation barriers shall serve as the limit of work unless another limit of work line has been approved by this Order. f
NOTICE OF STORMWATER CONTROL AND MAINTENANCE REQUIREMENTS
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19. The work associated with this Order(the"Project")is(1) r 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 1
Stormwater Pollution Prevention Plan required by the National Pollutant Discharge Elimination System Construction General
Permit as required by Stormwater Standard 8.Construction period erosion,sedimentation and pollution control measures and
best management practices(BMPs)shall remain in place until the site is fully stabilized.
b) No stormwater runoff may be discharged to the post-construction stormwater BMPs unless and until a Registered
Professional Engineer provides a Certification that:i. all construction period BMPs have been removed or will be removed by
a date certain specified in the Certification.For any construction period BMPs intended to be converted to post construction
operation for stormwater attenuation,recharge,and/or treatment,the conversion is allowed by the MassDEP Stormwater
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Massachusetts Department of Environmental Protection Provided by MassDEP:
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Bureau of Resource Protection-Wetlands MassDEP File#:242-1633
WPA Form 5-Order of Conditions eDEP Transaction#:699735
Massachusetts Wetlands Protection Act M.G.L.c. 131, §40 City/Town:NORTH ANDOVER
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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 1
BMP plans are included,signed and stamped by a Registered Professional Engineer,certifying the site is fully stabilized;iii. t
any illicit discharges to the stormwater management system have been removed,as per the requirements of Stormwater i
Standard 10;iv.all post-construction stormwater BMPs are installed in accordance with the plans(including all planting
plans)approved by the issuing authority,and have been inspected to ensure that they are not damaged and that they are in
proper working condition;v.any vegetation associated with post-construction BMPs is suitably established to withstand
erosion.
c) The landowner is responsible for BMP maintenance until the issuing authority is notified that another party has legally assumed "
responsibility for BMP maintenance.Prior to requesting a Certificate of Compliance,or Partial Certificate of Compliance,the
responsible party(defined in General Condition 19(e))shall execute and submit to the issuing authority an Operation and
Maintenance Compliance Statement("O&M Statement")for the Stormwater BMPs identifying the party responsible for
implementing the stonnwater BMP Operation and Maintenance Plan("O&M Plan")and certifying the following:i.)the O&M s
Plan is complete and will be implemented upon receipt of the Certificate of Compliance,and ii.)the future responsible parties t`
shall be notified in writing of their ongoing legal responsibility to operate and maintain the stormwater management BMPs and ',
implement the Stormwater Pollution Prevention Plan. s'
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d) Post-construction pollution prevention and source control shall be implemented in accordance with the long-term pollution
prevention plan section of the approved Stormwater Report and,if applicable,the Stormwater Pollution Prevention Plan
required by the National Pollutant Discharge Elimination System Multi-Sector General Permit.
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e) Unless and until another party accepts responsibility,the landowner,or owner of any drainage easement,assumes 1
responsibility for maintaining each BMP.To overcome this presumption,the landowner of the property must submit to the
issuing authority a legally binding agreement of record,acceptable to the issuing authority,evidencing that another entity has t
accepted responsibility for maintaining the BMP,and that the proposed responsible party shall be treated as a permittee for
purposes of implementing the requirements of Conditions 19(f)through 19(k)with respect to that BMP.Any failure of the
proposed responsible party to implement the requirements of Conditions 19(f)through 19(k)with respect to that BMP shall
be a violation of the Order of Conditions or Certificate of Compliance.In the case of stormwater BMPs that are serving more
than one lot,the legally binding agreement shall also identify the lots that will be serviced by the stormwater BMPs.A plan and
easement deed that grants the responsible party access to perform the required operation and maintenance must be submitted
along with the legally binding agreement s;
f) The responsible party shall operate and maintain all stormwater BMPs in accordance with the design plans,the O&M Plan,
and the requirements of the Massachusetts Stormwater Handbook. s
g) The responsible party shall:
1.Maintain an operation and maintenance log for the last three(3)consecutive calendar years of inspections,repairs,
maintenance and/or replacement of the stormwater management system or any part thereof,and disposal(for disposal the
log shall indicate the type of material and the disposal location);
2.Make the maintenance log available to MassDEP and the Conservation Commission("Commission")upon request;and
3.Allow members and agents of the MassDEP and the Commission to enter and inspect the site to evaluate and ensure
that the responsible party is in compliance with the requirements for each BMP established in the O&M Plan approved by r"
the issuing authority.
h) All sediment or other contaminants removed from stonnwater BMPs shall be disposed of in accordance with all applicable
federal,state,and local laws and regulations.
i) Illicit discharges to the stormwater management system as defined in 310 CMR 10.04 are prohibited.
j) The stormwater management system approved in the Order of Conditions shall not be changed without the prior written
approval of the issuing authority.
k) Areas designated as qualifying pervious areas for the purpose of the Low Impact Site Design Credit(as defined in the
MassDEP Stormwater Handbook,Volume 3,Chapter 1,Low Impact Development Site Design Credits)shall not be altered s:
without the prior written approval of the issuing authority.
I) Access for maintenance,repair,and/or replacement of BMPs shall not be withheld.Any fencing constructed around
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Massachusetts Department of Environmental Protection Provided by MassDEP:
BA u fo rm S -O�me o Co-nWd■fiI
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eDEP Transaction#:69 3
City/Town:NORTH ANDOVER I[
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Special Conditions: [
SEE ATTACHED
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Massachusetts Department of Environmental Protection Provided by MassDEP:
Bureau of Resource Protection-Wetlands MassDEP File#:242-1633
WPA Form 5-Order of Conditions eDEP Transaction#:699735
City/Town:NORTH ANDOVER
Massachusetts Wetlands Protection Act M.G.L.c. 131, §40
D. Findings Under Municipal Wetlands Bylaw or Ordinance
1. Is a municipal wetlands bylaw or ordinance applicable?F Yes E No
2. The Conservation Commission hereby(check one that applies):
a. E DENIES the proposed work which cannot be conditioned to
meet the standards set forth in a municipal ordinance or bylaw
specifically:
1.Municipal Ordinance or Bylaw 2.Citation
Therefore,work on this project may not go forward unless and until a revised Notice of Intent is submitted which provides
measures which are adequate to meet these standards,and a final Order or Conditions is issued.Which are necessary to
comply with a municipal ordinance or bylaw:
b.
F APPROVES the proposed work,subject to the following
additional conditions.
NORTH ANDOVER
WETLANDS
1.Municipal Ordinance or Bylaw pROTECTION 2.Citation CHAPTER 178
BYLAW
3. The Commission orders that all work shall be performed in accordance with the following conditions and with the Notice of
Intent referenced above.To the extent that the following conditions modify or differ from the plans,specifications,or other
proposals submitted with the Notice of Intent,the conditions shall control. 1'
The special conditions relating to municipal ordinance or bylaw are as follows:
SEE ATTACHED.
is
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Massachusetts Department of Environmental Protection Provided by MassDEP:
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Bureau of Resource Protection-Wetlands MassDEP File#:242-1633
WPA Form 5-Order of Conditions eDEP Transaction#:699735 m
Massachusetts Wetlands Protection Act M.G.L.c. 131,§40 City/Town:NORTH ANDOVER
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E. Signatures
This Order is valid for three years from the date of issuance,unless otherwise specified // //
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pursuant to General Condition#4.If this is an Amended Order of Conditions,the Amended 1.Date of Original Order
Order expires on the same date as the original Order of Conditions. ,� /
Please indicate the number of members who will sign this form.This Order must be signed by
2.Number of Signers
a majority of the Conservation Commission. i
The Order must be mailed by certified mail(return receipt requested)or hand delivered to the applicant.A copy also must be mailed
or hand delivered at the same time to the appropriate Department of Environmental Protection Regional Office,if not filing
electronically,and the property owner,if different from applicant.
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Signatures: t
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Date Date
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F. Appeals
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The applicant,the owner,any person aggrieved by this Order,any owner of land abutting the land subject to this Order,or any ten
residents of the city or town in which such land is located,are hereby notified of their right to request the appropriate MassDEP
Regional Office to issue a Superseding Order of Conditions.The request must be made by certified mail or hand delivery to the
Department,with the appropriate filing fee and a completed Request for Departmental Action Fee Transmittal Form,as provided in
310 CMR 10.03(7)within ten business days from the date of issuance of this Order.A copy of the request shall at the same time be
sent by certified mail or hand delivery to the Conservation Commission and to the applicant,if he/she is not the appellant.
Any appellants seeking to appeal the Department's Superseding Order associated with this appeal will be required to demonstrate prior
participation in the review of this project.Previous participation in the permit proceeding means the submission of written information to
the Conservation Commission prior to the close of the public hearing,requesting a Superseding Order,or providing written information i.
to the Department prior to issuance of a Superseding Order.
The request shall state clearly and concisely the objections to the Order which is being appealed and how the Order does not
contribute to the protection of the interests identified in the Massachusetts Wetlands Protection Act(M.G.L.c. 131,§40),and is '.
inconsistent with the wetlands regulations(310 CMR 10.00).To the extent that the Order is based on a municipal ordinance or bylaw,
and not on the Massachusetts Wetlands Protection Act or regulations,the Department has no appellate jurisdiction.
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Massachusetts Department of Environmental Protection Provided by MassDEP:
Bureau of Resource Protection-Wetlands
MassDEP File#:242-1633
WPA Form 5-Order of Conditions eDEP Transaction#:699735
( Massachusetts Wetlands Protection Act M.G.L.c. 131,§40
City/Town:NORTH ANDOVER i
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G. Recording Information t
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 x,
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
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Conservation Commission
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Detach on dotted line,have stamped by the Registry of Deeds and submit to the Conservation Commission. t'
To:
NORTH ANDOVER
Conservation Commission $`
Please be advised that the Order of Conditions for the Project at:
I
1160 GREAT POND ROAD 242-1633
Project Location MassDEP File Number
Has been recorded at the Registry of Deeds of:
County Book Page 1
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for: i
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Property Owner
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1.
and has been noted in the chain of title of the affected property in:
Book Page ,..
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In accordance with the Order of Conditions issued on:
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Date
If recorded land,the instrument number identifying this transaction is: "s,.
Instrument Number ''
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If registered land,the document number identifying this transaction is:
Document Number
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Signature of Applicant Rev.4/1/2010
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DEP FILE #242- 1633 f
The North Andover Conservation Commission(hereafter the "NACC") hereby finds that the
following conditions are necessary, in accordance with the Performance Standards set forth
in the State Regulations, the local ByLaw and Regulations, to protect those interests noted
above. The NACC orders that all work shall be performed in accordance with said
conditions and with the Notice of Intent referenced below. To the extent that the following
conditions modify or differ from the plans,specifications or other proposals submitted with
the Notice of Intent,the conditions shall control.
GENERAL CONDITIONS
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20. The proposed work within jurisdiction includes: repair and replacement of portions of
an existing stone retaining wall. The wall serves as Inland Bank to Lake Cochichewick.
21. The work shall conform to the following(except as noted in the remainder of this
document where revisions may be required):
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Project Location: 1160 Great Pond Road
North Andover, MA 01845
Applicant/Property Owner: Brooks School
1160 Great Pond Road
North Andover, Massachusetts 01845 I
Notice of Intent filed by Brian Palm
Date filed: October 24, 2014
Site Plans prepared by Whitman& Bingham Associates, LLC
510 Mechanic Street
Leominster, Massachusetts 01453
Titled: Brooks School Docks
Work Area Sketch to Accompany N.O.I.
Date: November 4, 2014
Revised: 11-17-14
Daigle Engineers, Inc.
1 East River Place
Methuen, MA 01844-3818
Titled: Retaining Wall Repair-Cross Section
(2 sheets)
Date 11/04/14
Revised: 11/17/14
Other Record Documents: Copy of Chapter 91 License
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242-1633,Great Pond 1160(Brooks School)Spec.Cond 1 NACC 11/20/2014
DEP FILE #242- 1633
22. The term"Applicant" as used in this Order of Conditions shall refer to the owner,any
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successor in interest or successor in control of the property referenced in the Notice of
Intent, supporting documents and this Order of Conditions. The NACC shall be
notified in writing within 30 days of all transfers of title of any portion of property that
takes place prior to the issuance of a Certificate of Compliance.
23. The conditions of this decision shall apply to, and be binding upon, the applicant,
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owner, its employees and all successors and assigns in interest or control. These
obligations shall be expressed in covenants in all deeds to succeeding owners of rt
portions of the property.
24. Failure to comply with all conditions stated herein, and with all related statutes and
other regulatory measures, shall be deemed cause to revoke or modify this Order.
25. This Order does not grant any property rights or any exclusive privileges; it does not
authorize any injury to private property or invasion of property rights. However,the
NACC, agent of the NACC or the Department of Environmental Protection(DEP)
reserves the right to enter and inspect the property at all reasonable times until a
Certificate of Compliance is issued, to evaluate compliance with this Order of
Conditions, the Act(310 CMR 10.00),the North Andover Wetland ByLaw and
Regulations, and may require any information, measurements, photographs,
observations, and/or materials, or may require the submittal of any data or
information deemed necessary by the NACC for that evaluation. Further, work shall
be halted on the site if the NACC, agent or DEP determines that any of the work is not
in compliance with this Order of Conditions. Work shall not resume until the NACC
is satisfied that the work will comply and has so notified the applicant in writing.
26. This Order does not relieve the permittee or any other person of the necessity of
complying with all other applicable federal, state or local statutes, ordinances,by-laws
or regulations.
27. The work authorized hereunder shall be completed within three years from the date of
this order.
28. This Order may be extended by the issuing authority for one but not more than two
periods of up to one year each upon application to the issuing authority at least thirty
days (30) prior to the expiration date of the Order (Refer to Section 8.3 of the North
Andover Wetland Regulations).
29. The NACC reserves the right to amend this Order of Conditions after a legally
advertised public hearing if plans or circumstances are changed or if new conditions
or information so warrant.
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242-1633,Great Pond 1160(Brooks School)Spec.Cond 2 NACC 11/20/2014
DEP FILE #242- 1633
30. Where the Department of Environmental Protection (DEP) is requested to make a
determination and to issue a Superseding Order, the Conservation Commission shall
be a party to all agency proceedings and hearings before the Department.
31. Any future project which proposes a wetland crossing in order to access certain
portions of the property will not be qualified as a limited project roadway under 310
CMR 10.53(e).
32. The following wetland resource areas are affected by the proposed work: Inland Bank
and Buffer Zone to Bordering Vegetated Wetland (BVW) associated with Lake
Cochichewick. These resource areas are significant to the interests of the Act and
Town ByLaw as noted above and therein. The applicant has not attempted to
overcome the presumption of significance of these resource areas to the identified
interests.
33. The NACC finds that the intensive use of the upland areas and buffer zone proposed
on this site will cause further alteration of the wetland resource areas. In order to
prevent any alteration of wetland resource areas a twenty five foot (25') No-
Disturbance Zone and a fifty foot (50') No-Construction Zone shall be established from
the edge of the adjacent wetland resource area as shown on the herein referenced
plans except as previously developed. 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).
34. This document shall be included in all construction contracts, subcontracts, and
specifications dealing with the work proposed and shall supersede any conflicting
contract requirements. The applicant shall assure that all contractors, subcontractors,
and other personnel performing the permitting work are fully aware of the permits
terms and conditions. Thereafter,the contractor will be held jointly liable for any
violation of this Order resulting from failure to comply with its conditions.
35. The owners of the project and their successors in title agree that the Order does not in
itself impose upon the Town any responsibility to maintain the proposed drainage
system and that said Town shall not be liable for any damage in the event of failure.
By acceptance of this Order, the owners agree to indemnify and hold harmless to the
Town and its residents for any damage attributable to alterations undertaken on this
property pursuant to the Order. Issuance of these Conditions does not in any way
imply or certify that the site or downstream areas will not be subject to flooding, storm
damage or any other form of water damage.
PRIOR TO CONSTRUCTION
242-1633,Great Pond 1160(Brooks School)Spec.Cond 3 NACC 11/20/2014
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DEP FILE #242 - 1633
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36. No work shall be undertaken until all administrative appeal periods from this Order
have elapsed or, if such an appeal has been filed, until all proceedings before the
Department or Court have been completed.
37. This Order shall be recorded by the applicant at the Registry of Deeds immediately
after the expiration of all appeal periods. No work shall be undertaken until the Final
Order has been recorded in the Registry of Deeds or the Land Court for the district in
which the land is located,within the chain of title of the affected property. In the case t
of recorded land, the Final Order shall also be noted in the Registry's Grantor Index
under the name of the owner of the land upon which the proposed work is to be done.
In the case of registered land, the Final Order shall also be noted on the Land Court F'
Certificate of Title of the owner of the land upon which the proposed work is to be
done. The recording information shall be submitted to the North Andover
Conservation Commission on the form at the end of this Order prior to
commencement of the work. Any Order not recorded by the applicant before work
commences may be recorded by the NACC at the applicant's expense.
38. A sign shall be displayed at the site not less than two square feet or more than three
square feet in size bearing the words "Massachusetts DEP, File Number 242-1633."
39. Any changes in the submitted plans caused by the applicant, another Board's decision
or resulting from this Order of Conditions must be submitted to the NACC for 1
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approval prior to implementation. If the NACC finds said changes to be significant,
the NACC will call for another public hearing (at the expense of the applicant). Within i'
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21 days of the close of said public hearing the NACC will issue an amended or new
Order of Conditions. Any errors found in the plans or information submitted by the
applicant shall be considered as changes. No work shall begin on a project until
written approval has been granted by the NACC.
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40. It is the responsibility of the applicant, owner, and/or successor(s) to ensure that all
conditions of this Order of Conditions are complied with The project engineer and
contractors are to be provided with a copy of this Order of Conditions and referenced 1
documents before commencement of construction.
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41. Prior to any work commencing on-site, the applicant shall submit to the NACC for 1
approval, a detailed and dated sequence of construction, including the installation of
sedimentation/erosion control devices,wall repair and wall construction and all other
work planned through final stabilization.
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42. A turbidity curtain will be installed as detailed on the "Work Area Sketch" referenced
herein. All erosion prevention and sedimentation protection measures found
necessary during construction shall be implemented at the direction of the NACC or 3
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 f"
noticeable degradation of surface water quality discharging from the site For
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242-1633,Great Pond 1160(Brooks School)Spec.Cond 4 NACC 11/20/2014
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example, installation of erosion control measures may be required in areas not shown
on the plan(s) referenced in this Order of Conditions. Should such installation be
required by the NACC, they shall be installed within 48 hours of the Commission's
request.
43. A check payable to the Town of North Andover shall be provided in the amount of
$2,500 which shall be in all respects satisfactory to Town Counsel, Town Treasurer, r
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
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under the authority of the local ByLaw.
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44. The applicant and/or the legal owner of that portion of land upon which these Orders ir
of Conditions have been placed shall provide to the NACC prior to transferring, or
assigning any portion of said land to another party, subject to said Orders of
Conditions, the "Compliance Certification Form Affidavit" attached via"Appendix
A" signed under the pains and penalties of perjury, stating that said applicant and/or
owner has read these Orders of Conditions and is in compliance with each and every `
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 t
to the closing of said land transaction. t`
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45. Once these above mentioned pre-construction requirements are complete, the
applicant shall contact the Conservation Office prior to site preparation or I:
construction and shall arrange an on-site conference with an NACC representative,the
contractor 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 ii
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).
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STORMWATER MANAGEMENT CONDITIONS
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242-1633,Great Pond 1160(Brooks School)Spec.Cond 5 NACC 11/20/2014
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DEP FILE #242- 1633
46. There shall be no increase in the post development discharges from the storm drainage
system or any other changes in post development conditions that alter the post
development watershed boundaries as currently depicted in the Notice of Intent and
approved by this Order of Conditions,unless specifically approved in writing by the
Commission.
47. 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
48. The applicants, owners, and their successors and assignees, shall maintain, in
perpetuity, all culverts,collections basins, traps, outlet structures, subsurface storage
areas, and other elements of the drainage system, in order to avoid blockages and
siltation which might cause failure of the system and/or detrimental impacts to on-site
or off-site resource areas, and shall maintain the integrity of vegetative cover on the t"
site.
DURING CONSTRUCTION
49. Upon beginning work, the applicant shall submit written weekly progress reports
detailing what work has been done in or near resource areas, and what work is k'
anticipated to be done over the next period. This will update the construction
sequence. Reports shall be submitted in as part of the weekly environmental
monitoring report (see condition #45).
50. Dewatering activities are not proposed as part of the filing. No discharge of water is
allowed directly into an area subject to jurisdiction of the Wetlands Protection Act
and/or the North Andover Wetland Bylaw. If emergency de-watering requirements
arise, the applicant shall submit a contingency plan to the Commission for approval,
which provides for the pumped water to be contained in a settling basin, to reduce
turbidity prior to discharge into a resource area
51. Any fill used in connection with this project shall be clean fill,containing no trash,
refuse, rubbish or debris, including but not limited to lumber,bricks, plaster,wire,
lath,paper,cardboard, pipe, tires, ashes,refrigerators, motor vehicles or parts on any
of the foregoing.
52. All exposed soil finish grade surfaces shall be immediately stabilized, or loamed,
seeded and mulched, with a layer of mulch hay. All disturbed areas must be graded,
loamed and seeded prior to November 1st of each year Outside of the growing season,
exposed soil finish grade surfaces shall be stabilized with a layer of mulch hay until
climate conditions allow for seeding. During construction, any area of exposed soils
242-1633,Great Pond 1160(Brooks School)Spec.Cond 6 NACC 11/20/2014
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DEP FILE #242- 1633
that will be left idle for more than 30 days shall be stabilized with a layer of mulch hay {'
or other means approved by the NACC.
53. No re-grading in the buffer zone shall have a slope steeper than 2:1 (horizontal:
vertical). Slopes of steeper grade shall be rip-rapped to provide permanent
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stabilization.
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54. There shall be no stockpiling of soil or other materials within fifty (50) feet of any x
resource area Stockpiled materials shall be maintained within erosion controls. F
55. Washings from concrete trucks, or surplus concrete, shall not be directed to, any
drainage system, or wetland resource area The contractor will wash all concrete into a b`
preformed plastic form that will be removed from the site after work is complete. The
wash station will be located more than 100 feet from wetland resource areas as =
outlined in documents submitted with the Notice of Intent.
56. All waste generated by, or associated with, the construction activity shall be contained
within the limit of work, and away from any wetland resource area There shall be no
burying of spent construction materials or disposal of waste on the site by any other
means. The applicant shall maintain dumpsters (or other suitable means) at the site
for the storage and removal of such spent construction materials off-site. However, no
trash dumpsters will be allowed within 50' of areas subject to protection under the Act
or local ByLaw.
57. Accepted engineering and construction standards and procedures shall be followed in {;
the completion of the project.
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58. During and after work on this project, there shall be no discharge or spillage of fuel, or 3:'
other pollutants into any wetland resource area. If there is a spill or discharge of any
pollutant during any phase of construction the NACC shall be notified by the
applicant within one (1) business day. No construction vehicles are to be stored within
100 feet of wetland resource areas, and no vehicle refuelin g, equipment e ui ment lubrication, or
maintenance is to be done within 100 feet of a resource area
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AFTER CONSTRUCTION ='
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59. 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.
60. Fertilizers utilized for landscaping and lawn care shall be slow release, low-nitrogen
types (< 5%) and phosphorous free, and shall not be used within 25 feet of a resource
area Pesticides and herbicides shall not be used within 100 feet of a wetland resource r"
242-1633,Great Pond 1160(Brooks School)Spec.Cond 7 NACC 11/20/2014 f
DEP FILE #242 - 1633
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.
61. 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 survive
the issuance of a Certificate of Compliance.
62. 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.
63. 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.
64. Upon completion of the project the applicant shall submit the following to the
Conservation Commission as part of a request for a Certificate of Compliance:
a. WPA Form 8A - "Request for a Certificate of Compliance."
b. A letter from the applicant requesting a Certificate of Compliance.
c. The name and address of the current landowner.
d. Signed statements from the individual property owners shall be submitted with
the request for a Certificate of Compliance indicating that they read and
understood the recorded Order of Conditions prior to purchasing their property.
e. The name and address of the individual/trust or corporation to whom the
compliance is to be granted.
f. The street address and assessor's map/parcel number for the project.
g. The DEP file number.
h. A written statement from a Registered Professional Civil Engineer (and/or
Registered Professional Land Surveyor) of the Commonwealth certifying that the
work has been conducted as shown on the plan(s) and documents referenced
above, and as conditioned by the Commission.
i. An"As-Built" plan prepared and signed and stamped by a Registered Professional
Civil Engineer (P.E.) (and/or Registered Professional Land Surveyor) of the
Commonwealth,for the public record. This plan will include:
r--
> "As-Built" post-development elevations of all drainage & stormwater
management structures constructed within 100 feet of any wetland resource
area. NOTE: If portions of the stormwater systems exist partially within the
Buffer Zone then the entire structure must be depicted to accurately verify
compliance.
➢ "As-Built" post-development elevations and grades of all filled or altered
wetland resource areas including the encompassing buffer zone which is
regulated as a resource area under the local Wetland Protection Bylaw.
242-1633,Great Pond 1160(Brooks School)Spec.Cond 8 NACC 11/20/2014
DEP FILE #242 - 1633
➢ Distances from structures to wetland resource areas. Structures include (but
are not limited to) septic systems,additions,fences, sheds, stone walls,
pools,retaining walls, subsurface utilities and decks.
➢ A line showing the limit of work and the extent of existing erosion control ='
devices. "Work" includes any disturbance of soils or vegetation. 4<
➢ Location of all subsurface utilities entering the property.
65. The following special conditions shall survive the issuance of a Certificate of
Compliance (COC) for this project:
➢ 25' No-Disturbance Zone and a 50' No-Construction Zone shall be
established from the edge of adjacent wetland resource areas as approved
under DEP#242-1633. Future work within 100' of existing wetland
resource areas will require a separate filing with the NACC (refer to Section
3.4 of the Regulations for performance standards within these zones) 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;
➢ Discharge or spillage of pollutants (Condition #61);
➢ Prohibition of underground fuels (Condition#62);
➢ Limitations on the use of fertilizers, herbicides, and pesticides (Conditions
#63);
➢ Prohibition of dumping of leaves, grass clippings,brush, or other debris
(Condition#64).
F,S
242-1633,Great Pond 1160(Brooks School)Spec.Cond 9 NACC 11/20/2014
•
DEP FILE #242- 1633
APPENDIX A-AFFIDAVIT
on oath do hereby depose and state:
(authorized agent applicant and/or current owner)
(PLEASE CHECK AT LEAST ONE BLOCK)
J 3
1. Iamthe of
(position with applicant) (applicant name or company name)
the applicant upon whom Order of Conditions
have been placed upon by (DEP or NACC number)
the North Andover Conservation Commission.
&/or
2. Iamthe of
(position with owner) (owner name)
the owner upon whose land Order of Conditions
have been placed up by (DEP or NACC number)
the North Andover Conservation Commission.
3. I hereby affirm and acknowledge that I have received said Order of Conditions
and have read the same and understand each
(DEP File#) and every condition which has been set forth
in said Order of Conditions.
&
4. I hereby affirm and acknowledge that on this day of 19
I inspected said property together with any and all improvements which have
been made to the same and hereby certify that each and every condition set
forth in Order of Conditions are presently in compliance.
(DEP File#)
&
5. I hereby affirm and acknowledge that this document will be relied upon by the
North Andover Conservation Commission as well as any potential buyers of
said property which is subject to said Order of Conditions
(DEP File#)
Signed under the pains and penalties of perjury this day of 19
(Signature-authorized agent of applicant or owner)
242-1633,Great Pond 1160(Brooks School)Spec.Cond 10 NACC 11/20/2014
$ORT/f 1 , £:
ct4,.•e ,,14o Town of North Andover _
3 •� _ _. OG n
F . .. _,,>4 A Office of the Planning Department 2L i!, J[_ I n r
�a . � Community Development and Services Division
isiDTI:- ' .* 1600 Osgood Street
SRCH
North Andover,Massachusetts 01845
i
NOTICE OF DECISION—LAND DISTURBANCE PERMIT
i
i
I
Any appeal shall be filed
within (60) days after the
date of filing this notice in i'
the office of the Town Clerk.
Date: June 9,2014
Date of Decision: June 9,2014
Petition of: Brooks School,1160 Great Pond Road,North Andover,MA 01845
i
Premises Affected: Brooks School,1160 Great Pond Road North Andover,MA,01845 Fi
Assessor's Map 90C, Parcel 25 located in the Residential 1 and Residential 2
Zoning Districts.
i
Referring to the above application for a Land Disturbance Permit from the requirements of the North t
Andover Bylaw, Chapter 160 and the requirements of the North Andover Planning Board's Stormwater
Management and Erosion Control Regulations. t
So as to allow the conversion of a natural grass athletic field to synthetic turf,the addition of sports lights,
pedestrian walkways,a small storage building, landscaping,viewing area, and associated grading. ry'
•
This Permit has been APPROVED by the Planning Board's designated agent,the Community Development
Director, according to the Town of North Andover Stormwater Management and Erosion Control K'
Regulations,adopted on February 15,2011.
datilg-ati...---' ,
,
jp
Curt Bellavance
Community Development Director
t'
sn(k- 60
This is tc ATTEST:
have e►a�. • of decision,led A1t'ue Copy t
without fiu .
I. ,
Joyce H. :adshaw Tonal Clerk
Town Clerk
1
t
i
I
1160 Great Pond Road,Map 90C,Parcel 25
Land Disturbance Permit
June 9,2014
The Planning Board's designated agent, the Community Development Director, has approved this
application.
On April 28, 2014, Dean Ellerton, Director of Operations Brooks School, on behalf of Brooks School,
applied for a Land Disturbance Permit, according to Chapter 160 (Stormwater Management & Erosion
Control Bylaw) of the Town of North Andover Bylaws. A total disturbance of two (2) acres within a
ninety nine +/= (99 +/_) acre parcel is subject to the bylaw. The activities governed by this Permit
include the conversion of a natural grass athletic field to synthetic turf, the additions of sports lights,
pedestrian walkways, a small storage building, landscaping, viewing area, and associated grading. The
applicant submitted a complete application, which was reviewed in accordance with Chapter 160 of the
Town of North Andover Bylaws. On May 6,2014, upon a motion made by D. Kellogg and a second by R.
Rowen, the Planning Board voted to delegate any of the responsibilities for administering the Land
Disturbance Permit bylaw for Brooks School Athletic Field to Curt Bellavance. The vote was unanimous,
6-0 in favor. The approval was subject to the FINDINGS OF FACTS and SPECIAL CONDITIONS set
forth in this decision.
is
The applicant is hereby notified that should the applicant disagree with this decision, the applicant has the
right, under MGL Chapter 249, Section 4 to appeal to this decision within sixty days (60) after the date this
decision has been filed with the Town Clerk. `
In accordance with Chapter 160, Section 5.I,the Community Development, Director makes the finding that
the intent of the Bylaw, as well as its specific criteria is met. This decision specifically stated by the Town
Planner makes the following FINDINGS OF FACT:
1) In granting this Permit, the Community Development Director has determined that the project will not
negatively impact downstream resources, abutting properties or the town's Right-of-Way (Great Pond
Road.). The Town Planner bases this finding on the following facts:
a) The project area consists of two (2) acres of land within a ninety nine acre parcel. The project
consists of the conversion of a natural grass athletic field to synthetic turf, the addition of sports
lights, pedestrian walkways, a small storage building, landscaping, viewing area, and associated
grading.
b) In 2009, the Planning Board issued a Watershed Special Permit for a similar project on this site,
however that project (which encompassed a larger area and called for the construction of two
athletic fields within the Watershed Protection District), was never constructed. As currently
proposed, the project is located outside of the Watershed Protection District as well as wetland
resource areas subject to Wetlands Protection Act jurisdiction.
c) The project has been reviewed by the town's outside consultant engineer, Lisa Eggleston
(correspondence dated May 6,2014 and June 3,2014). The applicant responded to comments raised
by Ms.Eggleston and made changes to the Plan to decrease the possibility of erosion and stormwater
runoff:
i. The stormwater calculations for the hydraulic analysis have been revised based upon the
Cornell study.
2
t
I
1160 Great Pond Road,Map 90C,Parcel 25
Land Disturbance Permit
June 9,2014
F
ii. A detail of the outlet control structure has been added to the plan.
1
iii. The plans have been revised to convert catch basin A to a drain manhole and add a new
catch basin structure.
4
iv. A Stormwater Pollution Prevention Plan (SWPPP) dated May 2014 has been submitted
and a National Pollutant Discharge Elimination System (NPDES) Construction General
Permit(CGP)has been filed with the EPA. 1;
t
d) The existing drainage in the proposed project area is overland, and predominantly in a northerly
direction toward the drainage system in the site driveway and an existing pond system between the
driveway and Great Pond Road. The pond is not tributary to Lake Cochichewick.
e) The proposed use protects groundwater and surface water from degradation or depletion to the
maximum extent possible. i'
k
1) The proposed use prevents pollutants from entering the municipal and private storm drain systems.
i
g) The applicant has complied with State and Federal statutes and regulations relating to stoimwater
discharges;
1
Upon reaching the above findings, the Community Development, Director APPROVES this Land €'
Disturbance Permit based upon the following SPECIAL CONDITIONS:
I
}
1. Two (2) copies of the signed, recorded decision and the recorded plans must be delivered to the
Planning Department.
t
i
2. All erosion control measures as shown on the plan must be in place and reviewed by the Town i
Planner,prior to any work being done at the site.
3." A detailed construction schedule shall be submitted to the Planning Staff for the purpose of
tracking the construction and informing the public of anticipated activities on the site.
E.
4. The applicant shall provide a weekly Construction Update and Project Notes with site i`
photographs to the Planning Department. This update should include a status of the erosion and
sediment control on site.
4
5. 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
a'
Board.
6. This decision must be filed with the Essex North Registry of Deeds. The following information
is included as part of this decision:
•Plan titled: "Athletic Field Renovations"
3
1160 Great Pond Road,Map 90C,Parcel 25
Land Disturbance Permit
June 9,2014
Prepared for: Brooks School
1160 Great Pond Road
North Andover,Ma 01845
Prepared by: Huntress Associated,Inc. 1
17 Tewksbury Street
Andover,MA 01810
Date: April 4,2014,revised to June 4, 2014
Sheets: Title Page,Existing Conditions Plan,SP IL-1 —L-8,E0.0,E0.1,E1.0,E2.0
Stormwater Report
Prepared By: Barbara J.Thissell,P.E.,Inc.
Date: April 4,2014
SWPPP Plan
Prepared by: Huntress Associates,Inc.
Date: May 2014
cc: Town Engineer
Building Inspector
Conservation Administrator
fi
fiti
is
tj
ft
1
•
4
, . , Town of North Andover
Office of the Planning Department ''') 2
> ; * Community Development and Services Division
S Eta 1600 Osgood Street
SAcHus
North Andover,Massachusetts 01845
NOTICE OF DECISION—LAND DISTURBANCE PERMIT
Any appeal shall be filed
within (60) days after the
date of filing this notice in
the office of the Town Clerk.
Date: June 9,2014
Date of Decision: June 9, 2014
Petition of: Brooks School, 1160 Great Pond Road,North Andover,MA 01845
Premises Affected: Brooks School, 1160 Great Pond Road North Andover,MA,01845
Assessor's Map 90C, Parcel 25 located in the Residential 1 and Residential 2
Zoning Districts.
Referring to the above application for a Land Disturbance Permit from the requirements of the North
Andover Bylaw, Chapter 160 and the requirements of the North Andover Planning Board's Stormwater
Management and Erosion Control Regulations.
So as to allow the conversion of a natural grass athletic field to synthetic turf,the addition of sports lights,
pedestrian walkways, a small storage building, landscaping, viewing area, and associated grading.
This Permit has been APPROVED by the Planning Board's designated agent,the Community Development
Director, according to the Town of North Andover Stormwater Management and Erosion Control
Regulations,adopted on February 15,2011.
Curt Bellavance
Community Development Director
ATTEST:
AThie Copy
Tow a Cierk
1
' i160 Great Pond Road,Map 90C, Parcel 25
Land Disturbance Permit
June 9,2014
l
The Planning Board's designated agent, the Community Development Director, has approved this
application.
On April 28, 2014, Dean Ellerton, Director of Operations Brooks School, on behalf of Brooks School,
applied for a Land Disturbance Permit, according to Chapter 160 (Stormwater Management & Erosion
Control Bylaw) of the Town of North Andover Bylaws. A total disturbance of two (2) acres within a
ninety nine +1= (99 +/_) acre parcel is subject to the bylaw. The activities governed by this Permit
include the conversion of a natural grass athletic field to synthetic turf, the additions of sports lights,
pedestrian walkways, a small storage building, landscaping, viewing area, and associated grading. The t"
applicant submitted a complete application, which was reviewed in accordance with Chapter 160 of the z.
Town of North Andover Bylaws. On May 6, 2014, upon a motion made by D. Kellogg and a second by R.
Rowen, the Planning Board voted to delegate any of the responsibilities for administering the Land
Disturbance Permit bylaw for Brooks School Athletic Field to Curt Bellavance. The vote was unanimous, 1
6-0 in favor. The approval was subject to the FINDINGS OF FACTS and SPECIAL CONDITIONS set
forth in this decision.
The applicant is hereby notified that should the applicant disagree with this decision, the applicant has the
right, under MGL Chapter 249, Section 4 to appeal to this decision within sixty days (60) after the date this
decision has been filed with the Town Clerk.
In accordance with Chapter 160, Section 5.1, the Community Development, Director makes the finding that
the intent of the Bylaw, as well as its specific criteria is met. This decision specifically stated by the Town is
i
Planner makes the following FINDINGS OF FACT: "
i
1) In granting this Permit, the Community Development Director has determined that the project will not
negatively impact downstream resources, abutting properties or the town's Right-of-Way (Great Pond
Road.). The Town Planner bases this finding on the following facts:
a) The project area consists of two (2) acres of land within a ninety nine acre parcel. The project
consists of the conversion of a natural grass athletic field to synthetic turf, the addition of sports i;'':
lights, pedestrian walkways, a small storage building, landscaping, viewing area, and associated
grading.
b) In 2009, the Planning Board issued a Watershed Special Permit for a similar project on this site,
however that project (which encompassed a larger area and called for the construction of two
athletic fields within the Watershed Protection District), was never constructed. As currently
proposed, the project is located outside of the Watershed Protection District as well as wetland
resource areas subject to Wetlands Protection Act jurisdiction. i
3
c) The project has been reviewed by the town's outside consultant engineer, Lisa Eggleston
(correspondence dated May 6, 2014 and June 3,2014). The applicant responded to comments raised
by Ms. Eggleston and made changes to the Plan to decrease the possibility of erosion and stormwater
runoff:
i. The stormwater calculations for the hydraulic analysis have been revised based upon the
Cornell study.
2
1160 Great Pond Road,Map 90C,Parcel 25
Land Disturbance Permit
June 9,2014
ii. A detail of the outlet control structure has been added to the plan.
iii. The plans have been revised to convert catch basin A to a drain manhole and add a new
catch basin structure.
iv. A Stormwater Pollution Prevention Plan (SWPPP) dated May 2014 has been submitted
and a National Pollutant Discharge Elimination System (NPDES) Construction General
Permit(CGP) has been filed with the EPA.
d) The existing drainage in the proposed project area is overland, and predominantly in a northerly
direction toward the drainage system in the site driveway and an existing pond system between the
driveway and Great Pond Road. The pond is not tributary to Lake Cochichewick.
e) The proposed use protects groundwater and surface water from degradation or depletion to the
maximum extent possible.
f) The proposed use prevents pollutants from entering the municipal and private storm drain systems.
g) The applicant has complied with State and Federal statutes and regulations relating to stormwater
discharges;
Upon reaching the above findings, the Community Development, Director APPROVES this Land
Disturbance Permit based upon the following SPECIAL CONDITIONS:
1. Two (2) copies of the signed, recorded decision and the recorded plans must be delivered to the
Planning Department.
2. All erosion control measures as shown on the plan must be in place and reviewed by the Town
Planner,prior to any work being done at the site.
3. A detailed construction schedule shall be submitted to the Planning Staff for the purpose of
tracking the construction and informing the public of anticipated activities on the site.
4. The applicant shall provide a weekly Construction Update and Project Notes with site
photographs to the Planning Department. This update should include a status of the erosion and
sediment control on site.
5. 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.
6. This decision must be filed with the Essex North Registry of Deeds. The following information
is included as part of this decision:
• Plan titled: "Athletic Field Renovations"
3
I 1
•
i
Y 1160 Great Pond Road,Map 90C,Parcel 25 1
Land Disturbance Permit
June 9,2014
i
i
Prepared for: Brooks School 4
1160 Great Pond Road is
North Andover,Ma 01845 s
i.
Prepared by: Huntress Associated, Inc.
17 Tewksbury Street
Andover, MA 01810
Date: April 4, 2014, revised to June 4, 2014.
Sheets: Title Page,Existing Conditions Plan, SP 1 L-1 —L-8, E0.0,E0.1,E1.0, E2.0
Stormwater Report
By: Barbara J.Thissell, P. E., Inc. `'
Date: April 4,2014 '-
SWPPP Plan
Prepared by: Huntress Associates, Inc.
Date: May 2014
cc: Town Engineer
Building Inspector
Conservation Administrator
4
HUNTRESS ASSOCIATES
Landscape Architecture & Land Planning
April 16, 2014
Mr. Judy Tyman, Town Planner
Town of North Andover
Planning& Community Development
1600 Osgood Street
North Andover, MA 01945
•
Subject: Brooks School, Soccer Field Renovation
Dear Ms. Tyman:
Enclosed you will find two (2) copies of a Land Disturbance Permit Application for the
renovation of an existing soccer field and associated site improvements at the Brooks School in
North Andover. As you will see on the attached plans and details all work has been located
outside of the Lake Cochichewick Watershed Protection District, and also outside of the 100'
buffer zone to the nearest bordering vegetated wetland.
Thanks for taking the time to meet with me on Monday to review the scope of work. As this
scope represents a reduction in the proposed work approved by the Planning Board in 2009, and
the work has been moved outside the buffer zones of the watershed and bordering vegetated
wetlands, I agree with your decision to review this work administratively. I understand that you
may want to have the drainage study reviewed by Lisa Eggleston, and Brooks School does not
have any objection with that request.
The existing survey showing the limits of the Watershed Protection District line was prepared by
Marchionda& Associates LP, dated December 6, 2013. The nearest wetlands were delineated by
Wetland Preservation, Inc. on November 19, 2013 and have been included on the Marchionda
Survey. See attached plans for additional information.
We have been working with our Civil Engineer, Barbara J. Thissell, P.E. in the preparation of
drainage calculations. The results of those drainage calculations show no increase in peak flow
during the 1, 2, 10 & 100 years storm events. The only impervious surfaces being created in this
project include pedestrian walkways and viewing areas. There is no plan to expand existing
parking areas or roadways as a part of this project. As you will note on the plans, there will be a
significant amount of recharge of stormwater associated with the project, and all the DEP
stormwater standards have been met.
With the exception of a small group of trees on the northeast corner of the field, no additional
trees are anticipated to be removed. We have also included a planting and landscape plan in the
enclosed drawings. The intent of the planting is to replace those trees being lost, provide shaded
areas for the users,and increase the aesthetic value of the site upon arrival from Great Pond Road.
17 Tewksbury Street-Andover,Massachusetts ph. 978.470.8882 fx. 978.470.8890
Ms.Judy Tyman
North Andover Planning Board
April 16,2014
Page2of2
The plans have accounted for construction fence around the limit of work, staging areas and the
installation of erosion control measures. Construction is anticipated to begin in June of this year,
and be complete by September 2014.
Given the above, we do not anticipate any additional permits through the Town of North Andover.
Attached you will find two sets of plans, and I am having the drainage study sent to you directly
from our civil under separate cover. You should have that shortly. I would be happy to meet with
you at your convenience to review the plans and discuss the project in great detail.
Thanks again,and please call me with any questions.
Sincerely,
Huntress Associates, Inc.
Christian C. Huntress, RLA MA #1178
President
CC: Mr. Dean Ellerton- Facilities Director, Brooks School.
Barbara J. Thissell P.E.
17 Tewksbury Street-Andover,Massachusetts ph. 978.470.8882 ft 978.470.8890