HomeMy WebLinkAboutMiscellaneous - 1160 GREAT POND ROAD (2) � c
APPENDIX B - APPLICATION
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434C1410
PLANNING DEPARTMENT
Community Development Division
Land Disturbance Permit Application
Please type or print clearly.
1.Petitioner:
Brooks School
1.0 Petitioner's Address:
1160 Great Pond Road, North Andover MA 01845
Telephone number: (978)725-6214
2.Owners of the Land: Brooks School
Address: 1160 Great Pond Road,North Andover MA 01845
85 years(+1-)
Number of years of ownership:
3.Address of Property Being Affected:
Same
R1 &R2
Zoning District:
Assessors Map: 90c Lot#: 28
Registry of Deeds: Book#: Page#:
' t
•
•
1
4.Description of Project: The project includes the renovation of an existing soccer field to include synthetic turf,
Sports Lights,pedestrian walkways,a small storage building,and associated site improvements.See plans for details.
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5.Total Area to be Disturbed 2 acres(+1-)
6. Has there been a previous application (Special Permit or Definitive Subdivision)from the Planning Board on these
premises? Yes If so,when and for what type of construction?
Construction of two new soccer fields with sports lights was approved on this site in 2009
7. Has there been a previous application (NOI/RDA, Small Project, Certificate of Compliance)from the Conservation
Commission on these premises?No,not for this project. If so,when and what type?
8.Petitioner and Landowner signature(s):
Every application for a Land Disturbance 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 dismiss e Planning Board of this application as incomplete.
Petitioner's Signature:
Print or type name here: Dean Elle ,Director of Operations
Owner's Signature:
Print or type name here: Dean Ellerton, Director of Operations
9.Please list title of plans and documents you will be attaching to this application.
Plans-Athletic Field Renovations,Brooks School,North Andover,Massachusetts.Dated April 4,2014 Prepared by Huntress Associates,Inc.
Inclusive of 14 sheets,total.
Stormwater Report-Prepared by Barbara J.Thissell,P.E.Inc.Civil Engineering dated April 4,2014
10.Application Fee to be included with the Application is$300,made payable by check to the Town of North Andover.
2
t " SO.;tio Town of North Andover
iit. a.
Office of the Planning Department 7-;[,
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4 Community Development and Services Division
4,,,;%44 ,>
T,o'?'� 1600 Osgood Street
sswcHus�
North Andover, Massachusetts 01845 , ,Sr
NOTICE OF DECISION
Watershed Special Permit-Waiver
Date of Decision: April 1,2014
Application of: Brooks School
1160 Great Pond Road
North Andover,MA 01845
Premises Affected: 1160 Great Pond Road, North Andover, MA 01845, Map 103 Parcel
28,within the R-1 zoning district.
HISTORY AND BACKGROUND
On April 1, 2014, the applicant, Brooks School, requested a Waiver of the Watershed Protection
District Special Permit, in accordance with the North Andover Zoning Bylaw section 4.136.8, so
as to allow the creation of a new driveway and pedestrian walkway, a re-configuration of parking
spaces and the expansion of an existing Chapel building within the Non-Discharge Buffer Zone
of the Watershed Protection Zone. A motion was made by D. Kellogg and seconded by L.
Rudnicki to grant the waiver. The vote was 5 —0 in favor of the motion.
FINDINGS OF FACT
The Planning Board has approved a Watershed Special Permit Waiver based on the following
findings:
• The proposed addition to the Chapel building will be approximately 1,000 sq. ft.
• The proposed driveway and walkway re-configuration will result in an increase in
impervious area of approximately 8,350 sq. ft.
• The applicant has provided capacity within the proposed stormwater structures to handle
run-off from approximately 3X the proposed increase in impervious surface.
• A portion of the project work will take place within the non-discharge zone. That portion
is approximately 1,080 sq. ft. in area.
• The Conservation Commission has reviewed the project and has issued a negative
determination based on the fact that the project as designed will not directly connect to
existing stormwater management structures and all stormwater will be directed to Low
Impact Development BMPs.
• The project has been reviewed by the Planning Board's stormwater consultant, Lisa
Eggleston, as evidenced by emails dated Tuesday March 11, 2014, Tuesday March 18,
2014 and Wednesday March 19, 2014.
CONDITIONS
NORTH
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1SACHO
CONSERVATION DEPARTMENT
Community Development Division
NEGATIVE DETERMINATION OF APPLICABILITY
SPECIAL CONDITIONS
1160 Great Pond Road, North Andover
At the August 28, 2013 public hearing, the North Andover Conservation Commission transformer voted
utilizing to
The relocated transformer
issue a Negative Determination zoof ne e de in for the relocation of an Vegetated Wetland (B1VW)electrical tra bio-
based coolant within the buffer zone g
will be more than 50 feet from BVW.
Brian Palm
Applicant: Brooks School
1160 Great Pond Road
North Andover,MA 01845
q
Record Documents:
Request for Determination of Applicability including Description of Work
and Associated Aerial Photographs and Sketched Site Plans
Submitted: August 15, 2013
Exhibit#1 —Transformer
Submitted at Public Meeting August 28, 2013
SPECIAL CONDITIONS:
+ Prior to the start of construction the applicant shall ensure that the site contractor has rev
wow.d the
Determination and is aware of the wetland resource area and the limits of the proposed
• ' contractor shall place erosion controls between all work areas and the BVW.
+ The applicant contractor
+ Once erosion controls are installed, and prior to work commeninon with site, the applicant shall
On
contact the Conservation Department for apre-construction meeting
During Construction
• erin and construction standards and procedures shall be followed in the completion
+ Accepted engine g
of the project.
1600 Osgood Street,Building 20,Suite 2-36,North Andover,Massachusetts 01845
Phone 978.688.9530 Fax 978.688.9542
Web:hap:// '•townofno 'andover.com/Pa s/NAndoverMA_Conservation/index
V
Excess material and construction debris shall be properly disposed of off site and stockpiled material
shall be stored within the erosion controls.
Post Construction
+ Immediately following completion of the work, any disturbed areas shall be permanently stabilized
against erosion (loam and seed or other stabilization as approved by Conservation Department).
❖ Upon completion of all requirements, the Conservation Department shall be contacted to conduct a
final site inspection.
1600 Osgood Street,Building 20,Suite 2-36,North Andover,Massachusetts 01845
Phone 978.688.9530 Fax 978.688.9542
Web:http://www.townofnorthandover.com/Pages/NAndoverMA_Conservation/index
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
A. General Information
Important: From:
When filling out
forms on the North Andover
computer, use Conservation Commission
only the tab Property Owner(if different from applicant):
key to move To: Applicant
your cursor-
do not use the Brooks School-Brian Palm Name
return key. Name
1160 Great Pond Road Mailing Address
"'tab Mailing Address 01845
North Andover MA State Zip Code
City/Town State Zip Code City/Town
realm
1. Title and Date (or Revised Date if applicable) of Final Plans and Other Documents:
August 15, 2013
Plan Overview Date
Title
Date
Title
Date
Title
2. Date Request Filed:
•
8/15/13
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):
Relocation of a transformer within the Buffer Zone to Bordering Ve•etated Wetland.
Project Location:
h Andover
North 1160 Great Pond Road Nort own
Street Address Parcel 28
Ma• 103 Parcel/Lot Number
Assessors Map/Plat Number
Page 1 of 5
wpaform2.doc•Determination of Applicability•rev.10/6/04
Department of Environmental Protection
Massachusetts Depart Wetlands
Bureau of Resource Protection -
WPA Form 2 — Determination of Applicability
Massachusetts Wetlands Protection Act M.G.L. 131, ca
Determination (cont.) ro project relative to the Wetlands
B. Det applicable to the proposed site and/or p i
The following Determinations) is/are
Protection Act and regulations:
proceed until a final r Order of
Positive Determination jurisdiction of the Wetlands Protection Act may P D has been received
work within the j of a Notice of Intent or Abbreviatt Review ANRAD)Intent) Protection).
Note: rc w submittal o Simplified Order of
(issued following submittal of Simp Department of Environmental Pro
Conditions(issued following
Resource Area Delineation (' protection under the Act.
issuing authority (i.e., Conservation Commission or the ep
from the i plan(s) is an area subject to p
of the area requires the filing of a Notice of Intent.
❑ o
1. The area described or on of area e ( )requires the referenced plan(s) are
filling,dredging,Removing, resource areas described on t
delineations of the following Act and its regulations regarding
2a
The boundary the resource area boundaries confirmed in this Determination are
pursuant to the Wetlands Pro
confirmed as accurate.Therefore,
binding as to all decisions rendered p
such boundaries for as long as this Determination is valid.
listed below are not confirmed by this Determn
❑ 2b. The boundaries of resource areas lis Determination,
contained on the plans attached to this Determination or
regardless of whether such boundaries are cont
to the Request for Determination.
e work described on referenced plan(s) and document(s)
is within an area subject to
3.T
h of a Notice will i remove, fill, dredge, or alter that area.Therefore, said work
protection under the t ce of Intent.
requires the filing is within the Buffer Zone and will
and document(s) i wBu the Zone
of a
4l alter a work described to on referenced plan(s)the limited said
the Buffer es the
❑ subject to rotection under the Act. Therefore, said work requires
Notice e of Intent nt or protection Review (if`N subject to review
Notice of Intent or ANRAD Simplified and document(s) is subj
5.The area and/or work described on referenced plan(s)
❑ and approval by:
Name of Municipality law:
to the following municipal wetland ordinance or by
Pursuant Ordinance or Bylaw Citation
Name
Page
..,..afnrm2.doc•Determination of Applicability•rev.1016104
Massachusetts Department of Environmental Protection
Bureau of Resource Protection -Wetlands
WPA Form 2 — Determination of Applicability
Massachusetts Wetlands Protection Act M.G.L. c. 131, §40
B. Determination (cont.)
6. Thef 9
following area and/or work, if any, is subject to a municipal ordinance or bylaw but not
❑
subject to the Massachusetts Wetlands Protection Act:
❑ 7. a Notice
Intent is filed for the work in the Riverfront Area des d referenced the app plan(s)
and document(s), the s), which includes all or part of the work described in q
must consider the following alternatives. (Refe to the
twetland regulations at 10.58(4)c. for more
information about the scope of alterna q
❑ Alternatives limited to the lot on which the project is located.
❑
Alternatives limited to the lot on which the project is located, the subdivided lots, and any
adjacent lots formerly or presently owned by the sam e 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 applicant. However, if the
Note: No further action under the Wetlands Protection Act is required by Applicability,p work may not proceed
Department is requested to issue a Superseding on Determination
uch request within 35 days of the date theroceed
on this project unless the Department fails
is post-marked for certified mail to the Department.
the Conservati nvCommission. ant.
at the owner's risk only upon notice to Department
for requests for Superseding Determinations are listed at the end of this docum
❑ 1.The a
rea described in the Request is not an area subject to protection under the Act or the
Buffer Zone.
❑ The work described in the Request is within an area subject to protection u d r the
filing Act, b will
but
not remove, fill, dredge, or alter that area. Therefore, said work does o 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. T teoefori any). work does not require
the filing of a Notice of Intent, subject to the following
See attached conditions
❑ 4.
(including The work described in the Request is not within an Area subject tto protection e a Notice the
Intent,
(incl the Buffer Zone). Therefore, said work does rotectioa under the Act.
unless and until said work alters an Area subject to protection
3 of 5
wpaform2.doc•Determination of Applicability•rev.10/6/04
C
t of Environmental Protection
Massachusetts Department Wetlands
'on of Applicability
Bureau of Resource Protectterminat� 1 40
WPA Form 2 — De M.G.L. c, 13 , §
Massachusetts
Wetlands Protection Act
(cont.) Since the work
B. Determination protection under the Acspecified in the Act and
Request is subject top exemption, as
meets the requirements for the following
5.The area described d in the Req is required:
the regulations,therein no Notice of Intent
the regulations,
Exempt Activity(site applicable statuatory/re9ulatory provisions)
The area andlor work described in the Request
is not subject to review and approval by:
6.
Name of Municipality bylaw. Chaster 178
Pursuant to a municipal wetlands ordinance or by Ordinance or Bylaw Citation
North Andover Wetlands Protection B law
Name
C. Authorization requested on
This Determination is issued to the applicant and delivered as folcewrtifled mail, return receipt
by hand delivery on
Date
Date (except Determinations for
ears from the date of issuance ( This Determination m natns dinancest
ti n federal,he state, This
local s
This Determination is valid for three y
Thi t Plans which are valid for the duration of the Plan .
Vegetation Management ling with all other applicable
applicant from complying co must be sent
relieve the apP fission. A our.htrn)and the
bylaws, or regulations. ority of the Conservation Comm
signed by a majority maons ovati •l Comlre•ion.find
see htt•lliwww
This Determination must �ffice (applicant).
the appropriate DEP Regional the
property owner (if different from
t
1 '�•� fir` �
Signatures: �;
j , ?!� /" 'TOW lu. fiat
O. it i . -5,.,) IMIDL,
f
lit �,-_
- L Pa
Date ✓
--,..-m9 doc•Determination of Applicability•rev.1016104
Massachusetts Department of Environmental Protection
Bureau of Resource Protection -Wetlands Applicability
WPA Form 2 - Determination of App
Massachusetts Wetlands Protection Act M.G.L. c. 131, §40
•
D. Appeals owner of land abutting the land
The applicant, owner, any person aggrieved by this Determination, any
upon pp work is to be done, or any ten residents of the city or town in which such land is
wor request the appropriate Department of Environmental
upon whah the proposed to issue a
Protection are Regional notified(see htt•:///hwww•mass.•ov/de•/abouUre•ion.findCou certified mail or issue ad delivery
Superseding g Deter inatio ( Applicability. The request must be made by (see Request o fhr
Superseding meterminhtioe of App fee and Fee Transmittal Form
Department,with the appropriate filing 7 within ten business days
Departmental
to tpe Dep as rovided in 310 CMR 10.03( )
of the request shall at the same time be sent by
m the d o of issuance Fee Transmittal Form) provided lie same
if he/she is not certified ied date of delivery of this Determination. o copy and to
to the Determination if he/s which t is being
mail or hand delivery to the Conservation Commission he objected to the applicant
not on the
appellant.m ion and
The request shall state clearly and concisely
appealed. To the extent that the Determination
ulabons�the Department of Environmental ordinance
Protection has
Massachusetts Wetlands Protection Act or re
no appellate jurisdiction.
Page 5 of 5
wpaform2.doc•Determination of Applicability•rev.10/6104
•
{ Environmental Protection
Massachusetts Department ° Wetlands Transmittal Form
Action Fee Transco
Bureau e Resource Protectmehtal 131 §a
Request for Depart Act M.G.L. c.
Massachusetts Wetlands Protection A
A Request Information
Important: . Person or party making request(if appropriate, name the citizen group's representative):
When filling out
forms on the
computer,use Name Zip Code
only the tab Address State
key to move Mailing
your cursor Fax Number(if applicable)
do not use the CitylTown
return key.
Phone Number
0
Project L ocation
®�I Zip Code
Mailing Address State Delineation
Abbreviated Notice of Resource Area D
Cityrrown Notice of Intent(Form 3), Ab Form 1))
2. (Form 4 (as shown on
Applicability(
Form 4A); or Request for Determination of pp
Name
Zip Code
Mailing
Address
Cit State
Fax Number(if applicable)
Phone one N Number
3. DEP File Number:
B. Instructions
1. When the Departmental e artmental action request is for(check one):
individual single family homes with associated
100 for
Superseding Order of Conditions
structures; $200 for all other projects)
100)
seding Determination of Applicability ($
�] Super Delineation ($100) onwealth of
Su erseding Order of Resource Area D ropriate amount, payable to the Comm
p order for the app
Send this form and check or money
Massachusetts to:
Department of Environ62 ntal Protection
Box 40
Boston,MA 02211
Pa
o f for Departmental Action Fee Transmittal Farm•rev.1016104
•
Massachusetts Department of Environmental Protection
Bureau of Resource Protection -Wetlands Fee Transmittal Form
Request for Departmental AA Moo M.G.L. 131, §40
Massachusetts Wetlands Protection
B. Instructions (cont.)
a separate sheet attached to this form, state clearly and concisely
that ly the e objections to
or Order is s
2. Determination p appealed. To regulations,
,
based or paer which is being n th
based on a municipal bylaw, and not on the he Massachusetts Wetlands Protection Act or reg
the Department has no appellate jurisdiction.
of the check or money order with the Request for a Superseding
3. Send a copy of this form and a copy DEP Regional Office (see
Determination or Order by certified mail or hand deliver y to the appropriate
htt•://www•mass.•ov/de•/about/re•ion/find our.htm). hand delivery to the
C
request shall at the s
4. A copy of the q same time be sent by certified mail or ha
Conservation Commission and to the app licant, if he/she is not the appellant.
Page 2 of 2
woaform2.doc•Request for Departmental Action Fee Transmittal Form•rev.1016104
•
$ORTF/
04io.s �•:do Town of North Andover 2r:13 �t
Office of the Planning Department
°#4 ; Community Development and Services Division
1600 Osgood Street
SSgcHust. g
North Andover, Massachusetts 01845 #'
NOTICE OF DECISION
Watershed Special Permit-Waiver
Date of Decision: August 20, 2013
Application of: Brian Palm, representing Brooks School
1160 Great Pond Road
North Andover, MA 01845 e`
Premises Affected: 1160 Great Pond Road, North Andover, MA 01845, Map 103 Parcel
28,within the R-1 zoning district.
HISTORY AND BACKGROUND
On August 20, 2013 Brooks School, through its agent Brian Palm, requested a Waiver of the
Watershed Protection District Special Permit, in accordance with the North Andover Zoning a'
Bylaw section 4.136.3.c.ii.2, so as to allow the installation of a new transformer and transformer
pad within the Non-Disturbance Buffer Zone of the Watershed Protection Zone.
FINDINGS OF FACT
On behalf of the Planning Board, the Town Planner has approved a Watershed Special Permit z:
Waiver based on the following findings:
• The new location is approximately 200 ft. from the Lake and 50 ft. from an existing
stream.
• There will be no re-grading or vegetation removal. Excavation will be limited to that
required for installation of the new concrete pad.
• There will be no work performed within 50 ft. of a wetland.
• Sedimentation control will be installed prior to any work being performed.
• The applicant has applied for an RDA from the Town of North Andover's Conservation
Commission. E'
CONDITIONS
• The proper erosion controls must be in place before the start of the project.
• The applicant must provide a copy of any decisions approved for this project by the
Conservation Commission.
• The Planning Office will perform an inspection after the work has been completed.
Judith T 'L ow
Judith Tymon,AICP
Town Planner, Town of North Andover
CE IV ED
NORTi�
011 0.14 ••do Town of North Andover
• • 2013 FEB 25 P1-114: 13
Office of the Planning Department
) Community Development and Services Division
1600 Osgood Street
SSACNUSE- 'S S
North Andover, Massachusetts 01845
NOTICE OF DECISION
Watershed Special Permit-Waiver
Date of Decision: February 25,2012
Application of: Brooks School
1160 Great Pond Road
North Andover, MA 01845
Premises Affected: 1160 Great Pond Road, North Andover, MA 01845, within the R-2
zoning district.
HISTORY AND BACKGROUND
On February 19, 2013, the applicant, through its agent Brian Palm, requested a waiver of the
Watershed Protection District Special Permit, in accordance with the North Andover Zoning
Bylaw section 4.136.8, so as to allow the replacement of en existing dock within the Non-
Disturbance Buffer Zone of the Watershed Protection Zone.
DECISION
The requirement for a Filing of a Watershed Special Permit has been waived by the Planning
Office, according to provisions of the Zoning Bylaw section 4.136.8.
FINDINGS OF FACT
The Planning Office has made its decision based on the following findings:
• Both existing docks will be replaced by two docks made from a product called Accudock,
that utilizes aluminum frames with hard plastic pillows.
• The new docks will be affixed to the existing granite slab using the same attachment
point in the same location that is currently being used.
• The new docks will run parallel to the shore line and are slightly longer than the existing
docks—approximately 10' longer- and the new docks will not extend as far into the lake
as the existing docks.
• The structure will be seasonable and there will be no disturbance to the ground or to
adjacent riparian areas.
NF h Andover P .r ping Board
J,.ith Tymon, Town Planner
Tymon, Judy
From Brian Palm [BPalm @brooksschool.org]
Sent: Tuesday, February 19, 2013 11:25 AM
To: Tymon, Judy; Hughes, Jennifer
Subject: Request for Watershed Special Permit Waiver- Brooks School Dock Project
Dear Ms. Tymon—
Brooks School is working on a project to replace its current, seasonal dock structures that have been in use down by our
boathouses on Lake Cochichewick. While the current docks have been located for use during rowing season(spring),
summer camps and for sailing(fall)since at least 1970,there have been docks of some design since inception of the
school and its rowing program dating back to 1929.
Description of current system:
The current docks are made out of a number of types of wood and use floats that consist of barrels and foam. There are
two docks with separate attachments(approximately in front of each boathouse)and they are affixed to the granite using
heavy eye-bolts and epoxy. The ends are"crisscrossed"anchored both out and back toward the land using chains and
anchors that predate our facilities staff(more than 20 years)and they extend perpendicular to the shoreline. One dock is
approximately 60 ft and the other is approximately 50 ft in length.
While they support our current program we have significant concerns about safety due to the deteriorating wood and
nails. In addition to damaging equipment when boats are coming in and out,they are also challenging to repair and take
in and out at the beginning and end of seasons.
Description of proposed dock system:
We are proposing using a product by Accudock that utilizes aluminum frames with hard plastic pillows that are extremely
buoyant, durable and we believe them to be an improvement in the materials that will be in contact with the water. In a
slight redesign,the dock system would still maintain two attachment points to the existing granite bulkhead in
approximately the same location but the dock would then run parallel to the shoreline(approximately 120 ft— 10
additional feet). Though slightly longer,this would mean that the dock would not extend nearly as far into the body of
water. The structure would still be seasonal(attached by two 8x8 hemlock beams that are affixed to the top of the existing
granite bulkhead). There is no need to disturb the ground or other riparian areas in this process.
Thank you for your consideration of our project. Please be in touch with any concerns or questions.
Sincerely,
Brian Palm
Brian T.Palm
Brooks School
Director of Environmental Stewardship-Environmental Science-Director of Rowing
1160 Great Pond Road-North Andover,MA-01845
(c)781-405-5205
(0)978-725-6251
Please note the Massachusetts Secretary of State's office has determined that most emails to and from municipal offices and officials are public records.For more
information please refer to:http://www.sec.state.ma.us/pre/oreidx.htm.
Please consider the environment before printing this email.
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APPENDIX B - APPLICATION NORTH ANDOVE;
MASS .CH. F`. .,;.
140RTF/
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SSACHUSt
PLANNING DEPARTMENT
Community Development Division
Land Disturbance Permit Application J ;.
Please type or print clearly.
1.Petitioner:
Mercury Solar Systems,Inc.
Application filed by:Adam F.Braillard,of Prince Lobel Tye,PPL
1.0 Petitioner's Address: 100 Cambridge Street Suite 2200,Boston,MA 02114
Telephone number: 617-456-8153
Brooks School
2.Owners of the Land:
Address:_Great Pond Road,N.Andover,MA 01845
Number of years of ownership: 50+years
3.Address of Property Being Affected: 1160 Great Pond Road,N.Andover,MA 01845
Zoning District.. Residential 3
Assessors Map: 103 Lot#: 1
Registry of Deeds:Book#: Page#:
I
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4.Description of Project:
Theproposed project is a large scale ground-mounted solar power facility utilizing approximately 13 acres of land on a 37-acre
parcel. The facility will consist of solar photovoltaic modules and inverters,and ancillary racking and wiring equipment. The
facility is described in more detail on the Plans attached with this application.
5.Total Area to be Disturbed 2.8 acres of tree clearing
6. Has there been a previous application (Special Permit or Definitive Subdivision)from the Planning Board on these
premises? No If so,when and for what type of construction?
7. Has there been a previous application (NOIIRDA, Small Project, Certificate of Compliance) from the Conservation
Commission on these premises? Yes If so,when and what type?
We filed an NOI with the Conservation Commission. We are being heard on the matter on December 12,2012
8.Petitioner and Landowner signature(s):
Every application for a Land Disturbance 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 dismiss b I ing Board of this application as incomplete.
Petitioner's Signature:
Ada F.B .i :rd,of Prince Lobel Tye LLP,for the Applicant
Print or type name here:
''
Owner's Signature:
Print or type name here: Brett Fuhr ,. ,Brooks School
9.Please list title of plans and documents you will be attaching to this application.
Tab 1:Land Disturbance Application
Tab 2:StormWater Report: Including the Drawings,Erosion and Sediment Control,Wetland Resource Plan,
Stormwater Report Checklist,NRCS Soil Survey,Subsurface Exploration Logs,and HydroCAD Model
Tab 3:Plans
10.Application Fee to be included with the Application is$300,made payable by check to the Town of North Andover.
2
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JS4cIUSE
PLANNING DEPARTMENT
Community Development Division
1 Special Permit—Site Plan Review Application
Please type or print clearly.
1.Petitioner: ,3/20O/�5 C/7L0O L.
Petitioner's Address: //6 O /'a'-O /ZO 4'J Telephone number: g1 ? g g---2( 17-
2-J 62. 6 U
2.Owners of the Land: 5/2601e,S 5C'/ityU
Address: //6 0 G lee 47 /�Oit-J //DP'l'✓
Number of years of ownership: 8 4 Y 172-S
3.Year lot was created: "9 2- 7
4.Description of Proposed Project:
A 2 v — 2 Z 13 E'O ,D a,e ai la y )/ 77,i- '7"u&Q
A-T77f 0lte b /2-.S/e i,_-'4..(7,-S *--<-t7 d At.i/ h=ryr1J 7 t,
Ae" f 0 T'r of--7- w/1 ic-i rite 43,ez'7/ re be y . ,4. a ri"ATrE-
7-z)T71 L 5 Q '1 'C Fa orof& /5 /2, a as .S. F.
5.Description of Premises: .40.x/7/7 0#4 Y 4 "C ,eC S /CJF"u rt.-.5
6.Address of Property Being A ected: // 6 O 6 i2.-A T ,�D.c d /20 4 s
Zoning District: — 2-
Assessors Map: /0 3 Lot#: 2 9
Registry of Deeds: Book#: Page#:
7.Existing Lot:
Lot Area(Sq.Ft): 67 03 glc Building Height:
Street Frontage: Side Setbacks:
Front Setback: Rear Setback:
Floor Area Ratio: Lot Coverage:
8.Proposed Lot(if applicable): r1C,
Lot Area(Sq.Ft):41-5_5 7Tii4w D'-£guikiing Height:
Street Frontage: /17 5 't'7 Side Setbacks:
Front Setback: Rear Setback:
Floor Area Ratio: Lot Coverage:
Pave 5of7
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
9.Required Lot(as required by Zoning Bylaw):
Lot Area(Sq.Ft): Building Height:
Street Frontage: Side Setbacks: €'
Front Setback: Rear Setback:
Floor Area Ratio: Lot Coverage:
10.Existing Building(if applicable):
Ground Floor(Sq.Ft.): #of Floors:
Total Sq.Ft.: Height:
Use: Type of Construction:
11.Proposed Building: g'4'' `S F Z
Ground Floor(Sq.Ft.): - , #of Floors:
Total Sq.Ft. /2, a a Height: 3 o F17'
Use: /2 — 2- Type of Construction: Gr'D v o /—"✓1,4v7c'1.)
12.Has there been a previous application for a Special Permit from the Planning Board on these premises?
kt--? If so,when and for what type of construction?
13.Section of Zoning Bylaw that Special Permit Is Being
Requested N
14.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 incomplete.
Petitioner's Signature: /9-S /1Gt'�T FO,e eac crLS S c'" '
C.
Print or type name here: `�-�G Nit) -7",e0 vet G[;
Owner's Signature: .4 I ,ec d eS S�''//erre
Print or type name her . Jai, ELI / led v9 d[
15.Please list title of plans and documents you will be attaching to this application.
/7E Pe✓A
2.) £ t c 477 Ai r "-4"
Page 6 o17
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
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PLANNING DEPARTMENT
Community Development Division
Special Permit—Site Plan Review
PROJECT REVIEW FEES
Preliminary plan,modification of a Preliminary Plan,Modification of a Definitive Plan,or
Modification of a Special Permit shall require the following initial Project Review Fee: f
Project Size Fee
2-15 lots/units $4,000
16-20 lots/units $6,000
21-25 lots/units $10,000
More than 25 lots/units $12,000
Definitive Plan shall require the following initial Project Review Fee:
Project Size Fee
2-15 lots/units $4,000
16-20 lots/units $6,000
21-25 lots/units $10,000
More than 25 lots/units $12,000
Special Permit shall require the following initial Project Review Fees:
Project Size Fee
Less than 10,000 square feet $2,000
10,000-30,000 square feet $3,000
30,000-50,000 square feet $4,000
More than 50,000 square feet $5,000
Depending on the complexity of issues presented, additional fees may be required.
1)a12c 7 of 7
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
NORTH
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CONSERVATION DEPARTMENT
Community Development Division
NEGATIVE DETERMINATION OF APPLICABILITY
SPECIAL CONDITIONS
1160 Great Pond Road, North Andover
At the March 26,2014 public hearing, the North Andover Conservation Commission (NACC) voted to
issue a Negative Determination of Applicability for construction of a connector drive, parking and
pedestrian access ways as well as chapel improvements as shown on the herein referenced plans.
Stormwater management improvements are also proposed. With the assistance of a third party consultant,
Eggleston Environmental,the project, as designed,will not directly connect to existing stormwater
management structures and all stormwater will be directed to Low Impact Development BMPs. The
project will conform to the following:
Owner/Applicant: Brooks School
1160 Great Pond Road
North Andover, MA01845
Representative: A.T. Leonard&Associates
Andrew Leonard
675 Jones Hill Road
Ashby, MA 01431
Record Documents: Request for Determination of Applicability Form 1 and supporting
materials, submitted: February 28, 2014
{
Plans Titled: Existing Conditions Plan—January 31,2014 1!
Plan Titled: Chapel&Connector Drive Improvements (2 sheets—Overall
Plan and Preliminary Erosion Control Plan)—March 14, 2014
Letter from Anthony M. Cleaves,P.E.
Whitman&Bingham Associates,LLC
510 Mechanic Street
Leominster,MA 01453
Re: Stormwater Assessment Chapel&Connector Drive Improvement
Brooks School, North Andover
Date: February 21, 2014
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
Stormwater Review: Eggleston Environmental
32 Old Framingham Rd,Unit#29
Sudbury, MA 01776
Emails dated: March 11, 18 & 19, 2014
SPECIAL CONDITIONS:
1. Prior to the start of construction the applicant shall ensure that the site contractor has reviewed the
project plans and is aware of the wetland resource areas and the limits of the proposed work.
2. Prior to the start of construction,the contractor will install erosion controls per the Erosion Control
Plan. Once erosion controls are installed,the contractor will contact the Conservation Department to
schedule a preconstruction meeting to inspect the installed erosion controls.
3. Excess soils or other material shall not be stockpiled within 100' of the resource areas.
4. Upon completion of the approved project and site stabilization (seeded areas are ready to be mowed),
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
Massachusetts Department of Environmental Protection
Bureau of Resource Protection -Wetlands
iiii,
WPA Form 2 — Determination of Applicability
Massachusetts Wetlands Protection Act M.G.L. c. 131, §40
A. General Information
Important:
When filling out From:
forms on the North Andover
computer, use Conservation Commission
only the tab
key to move To: Applicant Property Owner(if different from applicant):
your cursor-
do not use the Brooks School
return key. Name Name
1160 Great Pond Road
� I Mailing Address Mailing Address
North Andover MA 01845
:=K: City/Town State Zip Code City/Town State Zip Code
per„ 1. Title and Date ( applicable)or Revised Date if a of Final Plans and Other Documents:
Chapel& Connector Drive Improvements-Overall Plan March 14, 2014
Title Date
Chapel& Connector Drive Improvements- Preliminary Erosion Control Plan March 14, 2014
Title Date
Existing Conditions Plan January 31, 2014
Title Date
2. Date Request Filed:
2/28/2014
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):
Creation of a connector drive, parking and pedestrian access ways and chapel improvements outside
of the 100-foot buffer zone including stormwater improvments.
Project Location:
1160 Great Pond Road North Andover
Street Address City/Town
Map 103 Parcel 28
Assessors Map/Plat Number Parcel/Lot Number
wpaform2.doc•Determination of Applicability•rev.08/13 Page 1 of 5
i
F
Massachusetts Department of Environmental Protection
LBureau of Resource Protection - Wetlands
1
WPA Form 2 — Determination of Applicability
Massachusetts Wetlands Protection Act M.G.L. c. 131, §40
B. Determination (cont.)
The following Determination(s) is/are applicable to the proposed site and/or project relative to the Wetlands
Protection Act and regulations:
Positive Determination
Note: No work within the jurisdiction of the Wetlands Protection Act may proceed until a final Order of
Conditions (issued following submittal of a Notice of Intent or Abbreviated Notice of Intent) or Order of
Resource Area Delineation (issued following submittal of Simplified Review ANRAD)has been received
from the issuing authority(i.e., Conservation Commission or the Department of Environmental Protection).
❑ 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
❑ 2a. The boundary delineations of the following resource areas described on the referenced plan(s)are
confirmed as accurate. Therefore, the resource area boundaries confirmed in this Determination are .
binding as to all decisions rendered pursuant to the Wetlands Protection Act and its regulations regarding
such boundaries for as long as this Determination is valid.
❑ 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 plan(s) and document(s) is within an area subject to
protection under the Act and will remove, fill, dredge, or alter that area. Therefore, said work
requires the filing of a Notice of Intent.
❑ 4. The work described on referenced plan(s) and document(s) is within the Buffer Zone and will
alter an Area subject to protection under the Act. Therefore, said work requires the filing of a
Notice of Intent or ANRAD Simplified Review (if work is limited to the Buffer Zone).
❑ 5. The area and/or work described on referenced plan(s)and document(s) is subject to review
and approval by:
Name of Municipality
Pursuant to the following municipal wetland ordinance or bylaw:
Name Ordinance or Bylaw Citation
Page 2 of 5
wpaform2.doc•Determination of Applicability•rev.08/13
Massachusetts Department of Environmental Protection
LBureau of Resource Protection -Wetlands
w...ii
WPA Form 2 - Determination of Applicability
Massachusetts Wetlands Protection Act M.G.L. c. 131, §40
B. Determination (cont.)
❑ 6. The following area and/or work, if any, is subject to a municipal ordinance or bylaw but not
subject to the Massachusetts Wetlands Protection Act:
❑ 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):
❑ Alternatives limited to the lot on which the project is located.
❑ Alternatives limited to the lot on which the project is located, the subdivided lots, and any
adjacent lots formerly or presently owned by the same owner.
❑ Alternatives limited to the original parcel on which the project is located, the subdivided
parcels, any adjacent parcels, and any other land which can reasonably be obtained within
the municipality. i
❑ 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).
® 4. The work described in the Request is not within an Area subject to protection under the Act
(including the Buffer Zone). Therefore, said work does not require the filing of a Notice of Intent,
unless and until said work alters an Area subject to protection under the Act.
wpaform2.doc•Determination of Applicability•rev.08/13 Page 3 of 5
Massachusetts Department of Environmental Protection
Bureau of Resource Protection - Wetlands
ii,
WPA Form 2 — Determination of Applicability
Massachusetts Wetlands Protection Act M.G.L. c. 131, §40
B. Determination (cont.)
❑ 5. The area described in the Request is subject to protection under the Act. Since the work
described therein meets the requirements for the following exemption, as specified in the Act and
the regulations, no Notice of Intent is required:
Exempt Activity(site applicable statuatory/regulatory provisions)
6. The area and/or work described in the Request is not subject to review and approval by:
Name of Municipality
Pursuant to a municipal wetlands ordinance or bylaw.
North Andover Wetlands Protection Bylaw Chapter 178
Name Ordinance or Bylaw Citation
{
C. Authorization .
This Determination is issued to the applicant and delivered as follows:
❑ by hand delivery on [J by certified mail, return receipt requested on
,3P 7/7c1q
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/fi nd-the-massdep-regional-office-for-you r-
city-or-town.html)and the property owner(if different from the applicant).
Signatures: 'C, /j
/ /I lif/iLd 1 4111 407_,"
y-AW:,--- 1 /
to,t_ trAcd;11(eij,t5614,\„L 21/L-
GI
2/.. ,).;?ait,/ .
Date
wpaform2.doc•Determination of Applicability•rev.08/13 Page 4 of 5
i
t
Massachusetts Department of Environmental Protection
LBureau of Resource Protection - Wetlands
--,ii
WPA Form 2 — Determination of Applicability
Massachusetts Wetlands Protection Act M.G.L. c. 131, §40
D. Appeals
The applicant, owner, any person aggrieved by this Determination, any owner of land abutting the land
upon which the proposed work is to be done, or any ten residents of the city or town in which such land is
located, are hereby notified of their right to request the appropriate Department of Environmental
Protection Regional Office (see http://www.mass.gov/eea/agencies/massdep/about/contacts/find-the-
massdep-regional-office-for-vour-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
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.
Page 5 of 5
wpaform2.doc•Determination of Applicability•rev.08/13
1 • (F;
Massachusetts Department of Environmental Protection
Li
Bureau of Resource Protection - Wetlands
Request for Departmental Action Fee Transmittal Form
Massachusetts Wetlands Protection Act M.G.L. c. 131, §40
A. Request Information
Important:
When filling out 1. Person or party making request(if appropriate, name the citizen group's representative):
forms on the
computer, use Name
only the tab
key to move
your cursor- Mailing Address
do not use the
return key. City/Town State Zip Code
_V ab O Phone Number Fax Number(if applicable)
Project Location
ream ,
Mailing Address
City/Town State Zip Code
2. Applicant(as shown on Notice of Intent(Form 3), Abbreviated Notice of Resource Area Delineation
(Form 4A); or Request for Determination of Applicability (Form 1)):
Name
Mailing Address
City/Town State Zip Code
Phone Number Fax Number(if applicable)
3. DEP File Number:
B. Instructions
1. When the Departmental action request is for(check one):
❑ Superseding Order of Conditions ($120 for individual single family homes with associated
structures; $245 for all other projects)
❑ Superseding Determination of Applicability ($120)
❑ Superseding Order of Resource Area Delineation ($120)
Send this form and check or money order for the appropriate amount, payable to the Commonwealth of
Massachusetts to:
Department of Environmental Protection
Box 4062
Boston, MA 02211
Page 1 of 2
wpaform2.doc•Request for Departmental Action Fee Transmittal Form•rev.08/13
J
Massachusetts Department of Environmental Protection
Bureau of Resource Protection - Wetlands
Request for Departmental Action Fee Transmittal Form
Massachusetts Wetlands Protection Act M.G.L. c. 131, §40
B. Instructions (cont.)
2. On a separate sheet attached to this form, state clearly and concisely the objections to the
Determination or Order which is being appealed. To the extent that the Determination or Order is
based on a municipal bylaw, and not on the Massachusetts Wetlands Protection Act or regulations,
the Department has no appellate jurisdiction.
3. Send a copy of this form and a copy of the check or money order with the Request for a 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/fi nd-the-massdep-regional-office-for-
your-city-or-town.htm l).
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.
r'
wpaform2.doc•Request for Departmental Action Fee Transmittal Form•rev.08/13 Page 2 of 2
NORT/f -.
°E„ a0 -.1+ Town of North Andover
4.F
Office of the Planning Department 1 +�; J!�' f 2 F ; : j
D ;* Community Development and Services Division
r s4-%' 1600 Osgood Street
, -*Arno�SSACHUSt� North Andover,Massachusetts 01845
NOTICE OF DECISION—LAND DISTURBANCE PERMIT
tt
Any appeal shall be filed
within (60) days after the 6
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
1
i
1160 Great Pond Road,Map 90C,Parcel 25 t
Land Disturbance Permit 4
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 +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
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.
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:
G
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: x
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. 1
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.
i
2
i
. i'
1160 Great Pond Road,Map 90C,Parcel 25 I
Land Disturbance Permit R
June 9,2014
'1''''i'''''''''
ii. A detail of the outlet control structure has been added to the plan. i
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:
f
1
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.
t
1
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"
i
3
(
[
. , {
1160 Great Pond Road,Map 90C,Pa rcel 25
Land Disturbance Pe rm4
June 9,2014
(
(
Prepared for: Brooks School
1160 Great Po n Road
North Andover,Ma 01845
(
Prepared by: Huntress Associated, Inc.
17 Te»kb ry Street
Andover,MA 01810
Date: April 4, 2014,revised to June 4,2014
Sheets: Title Page,Existing Co dions/p, SP1L1 —L-8,£0¢E0.1,E1.0,E2.0
Stormwater Report
Prepared By: Barbara J.T»go !!,P.E.,Inc
Date: April 4,2014
SWPPP Plan
Prepared by: Huntress Associates, Inc.
Date: May 2014
cc: Town£n her
Building Inspector
Conservation Administrator
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Massachusetts Department of Environmental Protection Provided by MassDEP:Bureau of Resource Protection-Wetlands MassDEP File#:242-1623 y'
\1� eDEP Transaction#:658832
WPA Form 5 -Order of Conditions
City/Town:NORTH ANDOVER
ILL` Massachusetts Wetlands Protection Act M.G.L.c. 131,§40
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A. General Information
1.Conservation Commission NORTH ANDOVER
2. Issuance a. F OOC b.E Amended OOC
3.Applicant Details 1
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a First Name BRIAN b.Last Name PALM e;
c.Organization BROOKS SCHOOL
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d.Mailing Address 1160 GREAT POND ROAD
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e.City/Town NORTH ANDOVER f.State MA g.Zip Code 01845
4.Property Owner F
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
f.
5.Project Location r'
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&Street Address 1160 GREAT POND ROAD
b.City/Town NORTH ANDOVER c.Zip Code 01845 ='
d.Assessors Map/Plat# 103 e.Parcel/Lot# 28 F
f.Latitude 42.71178N g.Longitude 71.08792W
6.Property recorded at the Registry of Deed for: I'
a.County b.Certificate c.Book d.Page
NORTHERN ESSEX 2285 328
7.Dates
a.Date NOI Filed: 5/8/2014 b.Date Public Hearing Closed: 5/28/2014 c.Date Of Issuance: 6/13/2014
8.Final Approved Plans and Other Documents N
a.Plan Title: b.Plan Prepared by: c.Plan Signed/Stamped by: d.Revised Final Date: e.Scale:
BROOK SCHOOL AQUATIC CONTROL NONE 4/30/14 VARIES .,,
POND:FIGURES 1-3 TECHNOLOGY,INC.
B. Findings
1.Findings pursuant to the Massachusetts Wetlands Protection Act
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\"."), .. Massachusetts Department of Environmental Protection Provided by MassDEP:
Bureau of Resource Protection-Wetlands MassDEP File#:242-1623
WPA Form 5 -Order of Conditions eDEP Transaction#:658832
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City/Town:NORTH ANDOVER (
` Massachusetts Wetlands Protection Act M.G.L. c. 131, §40
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Following the review of the the above-referenced Notice of Intent and based on the information provided in this application and r;
presented at the public hearing,this Commission finds that the areas in which work is proposed is significant to the following interests of
the Wetlands Protection Act.
Check all that apply:
a. F Public Water Supply b. I— 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. I— Flood Control t
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2.Commission hereby finds the project,as proposed,is: l'
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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. i`
Denied because:
b.IT 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.IT 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 t;
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.f 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):
Resource Area Proposed Permitted Proposed Permitted
Alteration Alteration Replacement Replacement
4. IT Bank [
a.linear feet b.linear feet c.linear feet d.linear feet (
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5.IT Bordering Vegetated Wetland
a.square feet b.square feet c.square feet d.square feet
6. F Land under Waterbodies and Waterways 35,660 35,660 35,660 35,660
a.square feet b.square feet c.square feet d.square feet
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e.c/y dredged f.dy dredged 6
7.IT Bordering Land Subject to Flooding
a.square feet b.square feet c.square feet d.square feet
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Massachusetts Department of Environmental Protection Provided by MassDEP:
LI Bureau of Resource Protection-Wetlands
MassDEP File#:242-1623 r
WPA Form 5 - Order of Conditions eDEP Transaction 4:658832
Massachusetts Wetlands Protection Act M.G.L. c. 131,§40 City/Town:NORTH ANDOVER
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Cubic Feet Flood Storage
e.cubic feet f.cubic feet g.cubic feet h.cubic feet
8.I—Isolated Land Subject to Flooding
a.square feet b.square feet i
Cubic Feet Flood Storage
c.cubic feet d.cubic feet e.cubic feet f.cubic feet i
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9.1—Riverfront Area
a total sq.feet b.total sq.feet
Sq ft within 100 it
c.square feet d.square feet e.square feet f.square feet
Sq ft between 100-200 ft C
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 k
Alteration Alteration Replacement Replacement
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10.f Designated Port Areas Indicate size under Land Under the Ocean,below
11.1—Land Under the Ocean a`
a.square feet b.square feet
c.c/y dredged d.c/y dredged
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12.r Barrier Beaches Indicate size under Coastal Beaches and/or Coastal Dunes below t;
13.r Coastal Beaches
a.square feet b.square feet c.c/y nourishment d.c/y nourishment
14.r Coastal Dunes t
a.square feet b.square feet C.c/y nourishment d.dy nourishment
15.r Coastal Banks
a.linear feet b.linear feet
16.1—Rocky Intertidal Shores
a square feet b.square feet t
17.r Salt Marshes s`
a.square feet b.square feet c.square feet d.square feet
18.r Land Under Salt Ponds
a square feet b.square feet ,
c.dy dredged d.dy dredged
19.1—Land Containing Shellfish
a square feet b.square feet c.square feet d.square feet i`
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Massachusetts Department of Environmental Protection Provided by MassDEP:
\)-...",/ Bureau of Resource Protection-Wetlands MassDEP File#:242-1623
WPA Form 5-Order of Conditions eDEP Transaction#:658832
Massachusetts Wetlands Protection Act M.G.L.c. 131, §40 City1fown:NORTH ANDOVER
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Indicate size under Coastal Banks,inland Bank,Land Under the
20.r Fish Runs Ocean,and/or inland Land Under Waterbodies and Waterways, r
above
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c.c/y dredged d.c/y dredged ,
21.r Land Subject to Coastal Storm Flowage t
a.square feet b.square feet
22.
r Restoration/Enhancement(For Approvals Only) t
If the project is for the purpose of restoring or enhancing a wetland resource area in addition to the square footage that has been 4
entered in Section B.5.c&d or B.17.c&d above,please entered the additional amount here.
a.square feet of BVW b.square feet of Salt Marsh
23.
I—Streams Crossing(s) i
If the project involves Stream Crossings,please enter the number of new stream crossings/number of replacement stream crossings. t
a.number of new stream crossings b.number of replacement stream crossings 6'
C. General Conditions Under Massachusetts Wetlands Protection Act I`
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The following conditions are only applicable to Approved projects 1
1. Failure to comply with all conditions stated herein,and with all related statutes and other regulatory measures,shall be deemed t
cause to revoke or modify this Order. l
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, 1
state,or local statutes,ordinances,bylaws,or regulations. r`
4. The work authorized hereunder shall be completed within three years from the date of this Order unless either of the following
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apply:
a.the work is a maintenance dredging project as provided for in the Act;or (.
b.the time for completion has been extended to a specified date more than three years,but less than five r'
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 final until all administrative appeal periods from this Order have elapsed,or if such an appeal has been taken, r
until all proceedings before the Department have been completed.
9. No work shall be undertaken until the Order has become final and then has been recorded in the Registry of Deeds or the Land
Court for the district in which the land is located,within the chain of title of the affected property.In the case of recorded land, i;
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Massachusetts Department of Environmental Protection Provided by MassDEP:
NA„
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Bureau of Resource Protection-Wetlands MassDEP File#:242-1623
WPA Form 5 -Order of Conditions eDEP Transaction#:658832
Massachusetts Wetlands Protection Act M.G.L.c. 131, §40 City/Town:NORTH ANDOVER is
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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, i'
"Massachusetts Department of Environmental Protection"
[or'MassDEP"]
File Number:"242-1623" f,
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 s
8A)to the Conservation Commission. (
13. The work shall conform to the plans and special conditions referenced in this order. i
14. Any change to the plans identified in Condition#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 a
evaluation. i
16. This Order of Conditions shall apply to any successor in interest or successor in control of the property subject to this Order and l'
to any contractor or other person performing work conditioned by this Order. i'
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
boundary markers shall be maintained until a Certificate of Compliance has been issued by the Conservation Commission. s
18. All sedimentation barriers shall be maintained in good repair until all disturbed areas have been fully stabilized with vegetation or i
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 i`
shall immediately control any erosion problems that occur at the site and shall also immediately notify the Conservation i
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Commission,which reserves the right to require additional erosion and/or damage prevention controls it may deem necessary. i`'
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
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19. The work associated with this Order(the"Project")is(1) 1— is not(2)F subject to the Massachusetts Stormwater Standards.
If the work is subject to Stormwater Standards,then the project is subject to the following conditions; i
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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 ,
a
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.
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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 i'
operation for stormwater attenuation,recharge,and/or treatment,the conversion is allowed by the MassDEP Stormwater
Handbook BMP specifications and that the BMP has been properly cleaned or prepared for post construction operation,
including removal of all construction period sediment trapped in inlet and outlet control structures;ii..as-built final construction
BMP plans are included,signed and stamped by a Registered Professional Engineer,certifying the site is fully stabilized;iii. i'
any illicit discharges to the stormwater management system have been removed,as per the requirements of Stormwater
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Massachusetts Department of Environmental Protection Provided by MassDEP: i
Bureau of Resource Protection-Wetlands MassDEP File#:242-1623
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WPA Form 5 - Order of Conditions eDEP Transaction 4:658832 v
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' Massachusetts Wetlands Protection Act M.G.L.c. 131, §40
City/Town:NORTH ANDOVER
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Standard 10;iv.all post-construction stormwater BMPs are installed in accordance with the plans(including all planting i'
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
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erosion.
c) The landowner is responsible for BMP maintenance until the issuing authority is notified that another party has legally assumed i
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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
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implementing the stormwater BMP Operation and Maintenance Plan("O&M Plan")and certifying the following:i.)the O&M r
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 i
implement the Stormwater Pollution Prevention Plan.
d) Post-construction pollution prevention and source control shall be implemented in accordance with the long-term pollution
prevention plan section of the approved Stormwater Report and,if applicable,the Stormwater Pollution Prevention Plan l
required by the National Pollutant Discharge Elimination System Multi-Sector General Permit. i
e) Unless and until another party accepts responsibility,the landowner,or owner of any drainage easement,assumes i
responsibility for maintaining each BMP.To overcome this presumption,the landowner of the property must submit to the
issuing authority a legally binding agreement of record,acceptable to the issuing authority,evidencing that another entity has
accepted responsibility for maintaining the BMP,and that the proposed responsible party shall be treated as a permittee for
purposes of implementing the requirements of Conditions 19(f)through 19(k)with respect to that BMP.Any failure of the (.;
proposed responsible party to implement the requirements of Conditions 19(f)through 19(k)with respect to that BMP shall
be a violation of the Order of Conditions or Certificate of Compliance.In the case of 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 i
easement deed that grants the responsible party access to perform the required operation and maintenance must be submitted i_
along with the legally binding agreement
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fl 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. is
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 ei
that the responsible party is in compliance with the requirements for each BMP established in the O&M Plan approved by C
the issuing authority.
h) All sediment or other contaminants removed from stormwater BMPs shall be disposed of in accordance with all applicable
federal,state,and local laws and regulations. r
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 r
without the prior written approval of the issuing authority.
1) Access for maintenance,repair,and/or replacement of BMPs shall not be withheld.Any fencing constructed around i'
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stormwater BMPs shall include access gates and shall be at least six inches above grade to allow for wildlife passage. ;;
Special Conditions:
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Massachusetts Department of Environmental Protection Provided by MassDEP:
Bureau of Resource Protection-Wetlands MassDEP File#:242-1623
eDEP Transaction#:658832
L` Massachusetts Wetlands Protection Act M.G.L.c. 131, §40 City/Town:NORTH ANDOVER 1
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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. f 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 }
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F APPROVES the proposed work,subject to the following
additional conditions.
NORTH ANDOVER
1.Municipal Ordinance or Bylaw WETLANDS 2.Citation CHAPTER 178
PROTECTION
BYLAW
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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.
The special conditions relating to municipal ordinance or bylaw are as follows:
SEE ATTACHED
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Massachusetts Department of Environmental Protection Provided by MassDEP:
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Bureau of Resource Protection-Wetlands MassDEP File#:242-1623
WPA Form 5 - Order of Conditions eDEP Transaction#:658832 i
LICit y/Town:NORTH ANDOVER
Massachusetts Wetlands Protection Act M.G.L.c. 131, §40
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E. Signatures j x.
This Order is valid for three years from the date of issuance,unless otherwise specified 67 — 1 ,I, —/
pursuant to General Condition#4.If this is an Amended Order of Conditions,the Amended 1.Date of Ori inal 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 Signers i
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:
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44. 7( ./Z—, /4 i 41404
ritt,e,anu ..„1,A,Glic___) ,
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E by hand delivery on rjo`by certified mail,return receipt requested,on
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6,7 - / 3 - / Y i
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 1
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 1
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: Gi
LI Bu reau of Resource Protection-Wetlands MassDEP File#:242-1623 Massachusetts Wetlands Protection Act M.G.L.c. 131,§40
City/Town:NORTH ANDOVER E
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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.hi the case of registered land,this Order shall also be
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noted on the Land Court Certificate of Title of the owner of the land subject to the Order of Conditions.The recording information on
it
this page shall be submitted to the Conservation Commission listed below.
NORTH ANDOVER `'°
Conservation Commission
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Detach on dotted line,have stamped by the Registry of Deeds and submit to the Conservation Commission. P
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To:
NORTH ANDOVER
Conservation Commission
Please be advised that the Order of Conditions for the Project at: %'
1160 GREAT POND ROAD 242-1623
Project Location MassDEP File Number !
Has been recorded at the Registry of Deeds of:
a<
County Book Page
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for I
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Property Owner BRIAN PALM k
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and has been noted in the chain of title of the affected property in: I"
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Book Page
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In accordance with the Order of Conditions issued on:
Date }''
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If recorded land,the instrument number identifying this transaction is: F
Instrument Number z.
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If registered land,the document number identifying this transaction is:
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Document Number
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Signature of Applicant Rev.4/1/2010
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DEP FILE #242-1623
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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.
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GENERAL CONDITIONS
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20. The proposed work includes: an Aquatic Management Program on an irrigation pond
using EPA/State registered aquatic herbicides and algaecides to preserve the intended
irrigation functionality of the pond. Less than one-half of the pond or 35,660 s.f. will be
treated. A monitoring program is included.
21. The work shall conform to the following:
Applicant: Brian Palm
Property Owner: Brooks School
1160 Great Pond Road k
North Andover, MA 01845
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Representative: Marc Bellaud x
Aquatic Control Technology, LLC k
11 John Road
Sutton, MA 01590
Dated: April 2013
Site Plans prepared by Aquatic Control Technology, Inc.
Title: Figure 1 - Site Locus F
Date: 4/30/14
Title: Figure 2-Vegetation Distribution
Date: 10/22/13
Title: Figure 3 - Proposed Treatment Area
Date: 10/22/13
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 1
prior to the issuance of a Certificate of Compliance.
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242-1623,Brooks School Pond- Aquatic Mgt Program 1 NACC 6/13/2014
DEP FILE #242—1623
23. The conditions of this decision shall apply to, and be binding upon, the applicant, owner,
its employees and all successors and assigns in interest or control. These obligations shall
be expressed in covenants in all deeds to succeeding owners of portions of the property.
24. Failure to comply with all conditions stated herein, and with all related statutes and other
regulatory measures, shall be deemed cause to revoke or modify this Order.
25. This Order does not grant any property rights or any exclusive privileges; it does not
authorize any injury to private property or invasion of property rights. However, the
NACC,agent of the NACC or the Department of Environmental Protection (DEP)
reserves the right to enter and inspect the property at all reasonable times until a
Certificate of Compliance is issued, to evaluate compliance with this Order of Conditions,
the Act(310 CMR 10.00), the North Andover Wetland ByLaw and Regulations, and may
require any information, measurements, photographs, observations, and/or materials, or
may require the submittal of any data or information deemed necessary by the NACC for
that evaluation. Further, work shall be halted on the site if the NACC, agent or DEP
determines that any of the work is not in compliance with this Order of Conditions.
Work shall not resume until the NACC is satisfied that the work will comply and has so
notified the applicant in writing. F'
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26. This Order does not relieve the permittee or any other person of the necessity of
complying with all other applicable federal, state or local statutes, ordinances, by-laws or
regulations. r
27. The work authorized hereunder shall be completed within three years from the date of
this order
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). F`
29. The NACC reserves the right to amend this Order of Conditions after a legally advertised
public hearing if plans or circumstances are changed or if new conditions or information
so warrant.
30. Where the Department of Environmental Protection (DEP) is requested to make a
determination and to issue a Superseding Order,the Conservation Commission shall be a
party to all agency proceedings and hearings before the Department.
31. 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: Land Under u'
Waterbodies and Waterways. This resource area is significant to the interests of the Act
242-1623,Brooks School Pond- Aquatic Mgt Program 2 NACC 6/13/2014
DEP FILE#242- 1623
and Town ByLaw as noted above and therein. The applicant has not attempted to
overcome the presumption of significance of this resource area to the identified interests.
1Iilti1''''''''1''1''t''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 except as shown on the herein referenced site plans. 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.
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 pond or outlet structures
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
36. No work shall be undertaken until all administrative appeal periods from this Order have
elapsed or, if such an appeal has been filed,until all proceedings before the Department
or Court have been completed.
37. This Order shall be recorded by the applicant at the Registry of Deeds immediately after
the expiration of all appeal periods. No work shall be undertaken until the Final Order
has been recorded in the Registry of Deeds or the Land Court for the district in which the
land is located, within the chain of title of the affected property. In the case of recorded
land, the Final Order shall also be noted in the Registry's Grantor Index under the name
of the owner of the land upon which the proposed work is to be done. In the case of
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registered land, the Final Order shall also be noted on the Land Court Certificate of Title ,
of the owner of the land upon which the proposed work is to be done. The recording
information shall be submitted to the North Andover Conservation Commission on the
form at the end of this Order prior to commencement of the work. Any Order not
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242-1623,Brooks School Pond- Aquatic Mgt Program 3 NACC 6/13/2014
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DEP FILE #242 — 1623
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 #242-1623." Prior
to application of herbicide, signs shall be posted around the Brooks School Pond at
regular intervals notifying the public of the application and any associated restrictions.
39. Any changes in the submitted plans caused by the applicant, another Board's decision or
resulting from this Order of Conditions must be submitted to the NACC for approval
prior to implementation. If the NACC finds said changes to be significant, the NACC will
call for another public hearing (at the expense of the applicant). Within 21 days of the
close of said public hearing the NACC will issue an amended or new Order of Conditions.
Any errors found in the plans or information submitted by the applicant shall be
considered as changes. No work shall begin on a project until written approval has been
granted by the NACC.
fi
40. It is the responsibility of the applicant, owner, and/or successor(s) to ensure that all
conditions of this Order of Conditions are complied with. The project engineer and
contractors are to be provided with a copy of this Order of Conditions and referenced
documents before commencement of construction.
41. Prior to any work commencing on-site,the applicant shall submit to the NACC for
approval, a detailed sequence including dates of the herbicide application, follow-up
monitoring and sampling dates. No turf irrigation will occur for a period of three (3) days
as detailed in the Notice of Intent. Approval of the sequence is required prior to a`
application.
42. Application shall be done when water levels in the pond are low and preferably when
water is below the pond outlet.
43. Equipment access and staging areas (if needed) shall be clearly identified prior to the start f
of work. Workers should be informed that no use of machinery, storage of machinery or
materials, or construction activity is to occur beyond the staging area without prior
approval from the Conservation Department.
44. The use of erosion controls is not required by this Order. However, all erosion prevention
and sedimentation protection measures found necessary during the Aquatic Management
Program shall be implemented at the direction of the NACC or its agent. The NACC
reserves the right to impose additional conditions on portions of this project to mitigate
any impacts which could result from site erosion, or any noticeable degradation of surface
water quality discharging from the site. For example, installation of erosion control
measures may be required in areas not shown on the plan(s) referenced in this Order of
Conditions. Should such installation be required by the NACC, they shall be installed
within 48 hours of the Commission's request.
242-1623,Brooks School Pond- Aquatic Mgt Program 4 NACC 6/13/2014
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DEP FILE #242— 1623
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45. A check payable to the Town of North Andover shall be provided in the amount of$1,000 !
which shall be in all respects satisfactory to Town Counsel, Town Treasurer, and the 1
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
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46. At least once during each week in which herbicide/algaecide application occurs the
applicant/contractor must visually inspect the work/application area for siltation,
turbidity,wildlife/fish kills and/or other water quality impacts. The applicant/contractor
shall notify the Conservation Department of any matter that requires attention by the
Commission or the agent. The NACC will receive a copy of all monitoring reports or
assessments produced as part of the project.
f
47. The applicant and/or the legal owner of that portion of land upon which these Orders of
Conditions have been placed shall provide to the NACC prior to transferring, or
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. __
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48. Prior to commencement of any activities on site, the applicant will notify the
Conservation Department of the start of work to confirm that appropriate signage has
been installed and that the water levels are sufficiently low enough to prevent water k'
leaving the site through the in pond outlet structure. This Order shall be included in all
contracts, subcontracts, and specifications dealing with the work proposed and shall
supersede any conflicting contract requirements. The applicant shall assure that all is
contractors, subcontractors and other personnel performing the permitted work are fully
t
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 supervisor responsible for the coordination of the proposed work r
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and to ensure compliance with this Order.
I9RATER MANAGEMENT CONDITIONS k
242-1623,Brooks School Pond- Aquatic Mgt Program 5 NACC 6/13/2014
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DEP FILE#242— 1623
49. 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
50. All work herbicide/algaecide application shall be performed by properly licensed
applicators.
51. Work activities shall follow the application techniques, procedures, monitoring and
product specifications as submitted in the Notice of Intent referenced herein. fr
52. No change in grade/deepening or alteration of the pond bottom or along the
shores/banks of the pond shall be allowed during or as a result of the approved activities.
53. Herbicide/algaecide activities shall be limited to those areas detailed in the proposed
management area shown on the plans referenced herein, unless otherwise approved by
this department.
54. Any collected nuisance vegetation, if any, shall be taken off site and transported to an nN
approved compost facility.
55. If unforeseen problems occur during the project which may adversely affect the statutory
interests of the Wetlands Protection Act or the By-law,upon discovery by either the
NACC,its agent, or the applicant, the NACC shall immediately be notified, and an
immediate meeting shall be held between the NACC (or its agent) with the applicant and
other concerned parties, to determine the best corrective measures to be employed. The
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applicant shall then act to cure the problems using the corrective measures agreed upon.
Subsequent to resolution, the activity and resulting corrective actions shall be
documented in writing.
56. The work areas shall remain in stable condition at the close of each construction day.
57. No dewatering activities are proposed. 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 A ring of hay bales shall surround the discharge
area and a silt sock shall be used De-watering activities anticipated shall be supervised
and witnessed by the designated Environmental Monitor. This designee must be on-site
while work specific to de-watering activities are occurring and until complete. Activities
shall be monitored daily by the Environmental Monitor to ensure that sediment laden
water is appropriately settled prior to discharge toward the wetland resource areas. No
discharge of water is allowed directly into an area subject to jurisdiction under the MA
Wetlands Protection Act and / or the North Andover Wetlands Bylaw.
242-1623,Brooks School Pond- Aquatic Mgt Program 6 NACC 6/13/2014
DEP FILE #242— 1623
58. There shall be no stockpiling of soil or other materials within fifty (50) feet of any resource
P� � g Y ( ) Y
area.
59. Washings from trucks, or other debris, sand, vegetation, shall not be directed to any
drainage system or wetland resource area
60. All waste generated by, or associated with, the approved 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.
61. During and after work on this project, there shall be no discharge or spillage of fuel, or
other pollutants into any wetland resource area If there is a spill or discharge of any
pollutant during any phase of construction the NACC shall be notified by the applicant
within one (1) business day. No construction vehicles are to be stored within 100 feet of
wetland resource areas, and no vehicle refueling, equipment lubrication, or maintenance
is to be done within 100 feet of a resource area
AFTER CONSTRUCTION
62. 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.
63. Fertilizers utilized for landscaping and lawn care shall be slow release, low-nitrogen types
(< 5%), 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 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.
64. 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.
65. Immediately upon completion of Aquatic Management activities, the Conservation
Department shall be notified for a post application inspection. The applicant will gather
data on the effects of management and environmental changes. A report will be
submitted to the NACC with recommendations for the following year until the Aquatic
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DEP FILE#242- 1623
Management Program is complete. All data collected and analyzed will be shared with
the NACC.
66. 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. ¢.
67. 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'
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 the applicant's representative stating that work was done
as approved including the post-management testing and report.
68. 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 except in those
locations approved under DEP # 242-1623. 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).
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242-1623,Brooks School Pond- Aquatic Mgt Program 8 NACC 6/13/2014
DEP FILE #242 — 1623
APPENDIX A- AFFIDAVIT
on oath do hereby depose and state:
(authorized agent applicant and/or current owner)
(PLEASE CHECK AT LEAST ONE BLOCK)
1. I am the of
(position with applicant) (applicant name or company name)
the applicant upon whom Order of Conditions
have been placed upon by (DEP or NACC number)
the North Andover Conservation Commission.
&/or g'
2. I am the of
(position with owner) (owner name)
the owner upon whose land Order of Conditions
have been placed up by (DEP or NACC number)
the North Andover Conservation Commission.
3. I hereby affirm and acknowledge that I have received said Order of Conditions P
and have read the same and understand each
(DEP File#) and every condition which has been set forth
in said Order of Conditions.
& 1'
4. I hereby affirm and acknowledge that on this day of 20 `'
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. y,
(DEP File#)
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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 20
(Signature-authorized agent of applicant or owner)
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242-1623,Brooks School Pond- Aquatic Mgt Program 9 NACC 6/13/2014