HomeMy WebLinkAboutMiscellaneous - 78 GREAT POND ROAD Massachusetts Department of Environmental Protection Provided by MassDEP:
�-- Bureau of Resource Protection-Wetlands MassDEPFHe#242-1625
WPA Form 4B-Order of Resource Area Delineation eDEP Transection#:663983
Massachusetts Wetlands Protection Act M.G.L. c. 131 S40 City?awn:NORTH ANDOVER
A. General Information
1.Conservsrion Commission NORTH ANDOVER
2.This Issuance is for(Check one):
a f+ Orde of Resource AreaDdirwation
b. r Amended OrderofResource ArmDclircatioa
3.Applicaralkmils
a.Firstblame THOMAS b.Last Name ZAHORUIKO
C.OrganGatlan TKZLLC
d.Mailing Address 78 GREAT POND ROAD
e.Cdy/fown NORTH ANDOVER I.Sure, MA g.ZIP 01845
4.Property Owner(if different from applicant):
a.First Name THOMAS b.Last Name ZAHORUIKO
a Organiaenon TKZ LLC
d Mailing Address 78 GREAT POND ROAD
C.CSty?own NORTH ANDOVER fState MA g.ZIP 01845
5.Project Location
a Street Address GREAT POND ROAD LOTS 53&54
b.City/rown NORTH ANDOVER C.Zip 01845
d Assessors Map/Plal# 96 e.ParceR o1# 53&54
f latitude 42.68431N &Longitude 71.109583W
6.Dates
s.Dam ANRAD Filed 6/13/2014 b.Date Public Hearing Closed 6252014 c.Date Oflssuance 626/2014
7.Final Approved Plansand Otherpocmnents
Plan Title Plan Prepared By Plan Signed By Plan Final Plan
B'
ANAAD PLAN FOR LOT 53&54 CHRISTIANSEN&SERGI,PH1LG. Date Scale
GREAT POND ROAD INC. CHRISTIANSEN,P.E. 6/242014 1"=40
B.Order of Delineation
1.The Conservatim Commission has detemtined the following(clack whichever is applicabh;)
& G Aaeurate:The boundaries described on rhe referenced plants)above and in the Abbreviated Notice of Resource Area
Delineation are accwamly drawn for the following resource area(s):
1. rBoodenng Vegelaord Wetlands
2. r Other resource area(s),specifically
&FLAGS Al-A8,BI-B36,C&C32
b. FModified:The boundaries described on the plants)referenced above,as modified by the Conservation Commission from the
plans contained in the Abbreviated Notice ofitesmnce Am Delineation,are secar aly drawn for,Ore following resource srea(s):
1. r Bordering VegetatedWetlands
2. r Other resource scents),specifically
a
Page 1 of 3•ELECTRONIC COPY
LJMassachusetts Department of Environmental Protection Provided by MassDEP:
Bureau of Resource Protection-Wetlands MassDEP File#:242-1625
WPA Form 4B -Order of Resource Area Delineation eDEP Tmnsa m.#:663983
Massachusetts Wetlands Protection Act M.G.L. c. 131 S40 City/Down:NORTBANDOVER
c. r Inaccurate::The boundaries described on therefaenced plan(,)and in the Abbreviated NovceofRecource Ama Delmeaoon
were found t be inaccware and cannot be confmwd forthe followingremmce area(s):
1. r-Bordering Vegetated Wetlands
2. r-Odrer resource arm(s).specifically
a
3.The boundaries were detemdned t be inaccurate because:
C.Findings
This Omicron Resource AreaD elineation determines that the boundaries.£those resource area,noted above,have been delirx W
and approved by the Conanlssion and are binding as to all decisions rendered pursuant b the Massschusers Wetlands Pmta= Act
(M.G.L.c.131,S 40)and its regulations(3 10 CMR 10.00).This Order does not however,determine the boundaries of my resource
area or Buffer Zane to any resource area net specifically noted above,regardless of whether such boundaries are contained on the
plans touched to this Order or t the Abbreviated Notice of Resource Am Delineation.Thia Order most be signed by a majority of
the Conservation Commission The Ord"must be sent by certified mail(return receipt requested)or hand delivered t the applicant A
copy also must be mailed or hand delivered a the same time in the appropriate DEP Regional Office(see
httpJlwww.mass.g-ldeplabouNregioNfmdyourtmn).
D.Appeals
The applic&A,the owner,any person aggrieved by this Ostler,any own"of land abutting the land subjectto this Ord",crony ten
residents of the city or town in which such land is located,are hereby notified oftheirright to request the appropriate DEP Regional
Office to issue a Superseding Order of Resource Am Delineation.When requested io issue a Superseding Order of Resource Area
Delineation,the Departments review is limited to the objections t drIcu me,area delineation(s)staled in the appeal request The
wryest mut be made by certified mail or hand delivery to the Department;with die appropriate fling fee and a completed Request for
Departments]Action Fee Transmittal Form,as provided in 310 CMR 10.03(7)wiotintar business days firm the date of issuance of
this Order.A copy of the request shall dote same time be sent by certified mad or hard delivery t the Conservation Commission and
W the applicant,ifWshe is not the appellant Any appellants reeking to appeal the Departments Superseding Order of Resource Area
D3elineationwill be rationed'a demonstrate prior participation in the review ofthis project Previous participation in ore permit
procading means ore submission of written information to the Conservation Commission priori the close of the public bearing,
requesting a Superseding Order or Determination,or providing written information to the
Department
the Order
issuance oft
Superseding Order rder doDaet c ntribu the heacquenst
pmeshat,tote clearly and dentiiied the b ctioms m the Order which is being appealed
and how the 1,S40)a rotcontributetwitprotectionoftlre interests identified tithe Masmchusetu WedandsProtection Act,
(MG.L.c. 131,S 40)and u inconsistent with the wetlands regulations(3 10 CNM 10.00).To the extent that ore Osler is based on a
municipal bylaw or ordinance,and not on the Massachusetts Wetlands Protection Act or regulations,the Department ofEnvironmentl
Pmaction has an appellatejurisdiction.
Page 2 of a ELECTRONIC COPY
Massachusetts Department of Environmental Protection Provided by MMDEP:
Bureau of Resource Protection-Wetlands Nf=DEP File#:242-1625
WPA Form 4B-Order of Resource Area Delineation eDEP Transaction#'663983
Massachusetts Wetlands Protection Act M.G.L.c. 131 S40 City/fown:NORTH ANDOVER
E.Signatures 1.Dale of Original Order
2.No.of Signatures required 4
Louis Napoli
Deborah Feltovic
ycor-k�e tRI�J.0 �
Albert Manzi
This Order is valid for three years from the date of issuance.
If this Order coastitat"an Amended Older of Resource Area Delineation,this Order does not extend the issuance date of the
original Final Order,and the Amended Order will expire On ft date of the Original Final Order unless exlended in writing by
the Deparmrent
This Orderis issued to the applicant and the property owner(ifdifferent)as follows:
3. r—Byhand delivery on 4. WBy certified mail,return receipt requested on
a.Date a.Date (Y�/
Page 3 of 3 e ELECTRONIC COPY
- EEL( EIVEO
TOWN CL_RK'S OFFICE
Town of North Andover
a...., ,°
t�•" '' °� Office of the Planning Department 21I4 DEC 22 AM B: 15
Community Development and Services Division
j,tc-si' F 1600 Osgood Street TOWN OF
North Andover,Massachusetts 01845 MAggACHDOVER
U5z'
NOTICE OF DECISION
DEFINITIVE SUBDIVISION
[Administrative Modification]
Any appeal shall be filed
within(20)days after the
date of filing this notice in
the office of the Town Clerk.
Date: November 18,2014
Public Hearings: October 21,2014;November
18,2014
Date of Decision:November 18,2014
Petition of. TKZ LLC
78 Great Pond Road
North Andover,MA 01845
Premises Affected: Appx.75 Great Pond Road
Assessors Map 96 Lot 53,54
North Andover,MA 01845
The Planning Board herein approves a five (5) lot Definitive Subdivision Plan, including construction of a
roadway with a cul-de-sac,the installation of stormwater management infrastructure, and the installation of
underground utilities,located off Great Pond Road in the R-3 Zoning District. The application was submitted
by applicant TKZ LLC., the owner of the property, with plans dated September 15, 2014 sheets 1-7, and
revised November 11,2014,and prepared by Christiansen&Sergi hic.
After a public hearing given on the above dates,and upon a motion by Lynne Rudnicki,seconded by
David Kellogg,the Planning Board APPROVES the application as amended and with conditions.A vote
of 5-0 was made in favor of the application.
On behalf of the Noft tdover Planning Board
John Simons,Chair
Michael Colantoni
David Kellogg
Lora McSherry
Lynne Rudnicki
Peter Boynton,Associate
1
Town of North Andover
Definitive Subdivision—0 Great Pond Road,`The Glade"
November 18,2014
The Planning Board herein APPROVES the application for a Definitive Subdivision so as to construct a
five(5)lot subdivision.The application was filed with the Planning Board on September 19,2014.The
public hearing on the above referenced application was opened on October 21,2014 and closed on
November 18,2014.The applicant submitted a complete application,which was noticed and reviewed in
accordance with Section 4 of the North Andover Rules and Regulations Governing the Subdivision of
Land.
The Planning Board makes the following findings as required by Section 5.6 of the North Andover Rules
and Regulations Governing the Subdivision of Land:
FINDINGS OF FACT:
1) The Definitive Subdivision Plan is substantially complete and technically adequate as amended
herein.
2) The Plan conforms to all applicable zoning requirements for residential lots within the R-3 Zoning
District.
3) The proposed cul-de-sac is in keeping with the character of the neighborhood, and has been reviewed
and approved for safety access by the North Andover Fire Department.
4) The roadway layout conforms to the topographical features of the surrounding area, and thus has less
impact on the environment and surrounding neighborhoods.
5) The roadway layout provides for adequate,safe,and convenient access to the five(5)new lots.
6) The roadway layout and storrawater management infrastructure have been found to provide adequate
drainage and stormwater management.
7) The Subdivision Plan secures safety in the case of fire, flood, and other emergencies as the roadway
layout provides adequate access and egress for emergency situations.
8) The Subdivision Plan secures adequate provisions for water, sewage, drainage, underground utility
services,and other services where necessary.
9) The Definitive Plan has been reviewed by the Department of Public Works and the Fire Department
and has been found to be acceptable.
10)The Subdivision Plan conforms to town design and construction standards, with the exception of
waivers granted in Condition 1.These waivers that have been granted will not impair the functioning,
long-term maintenance, nor appearance of the future development of the land, will not result in an
adverse impact on the areas adjacent to the land, and are consistent with the Board's development
objectives.
11)The applicant has demonstrated consideration of maintaining the existing street character,minimizing
the impact on the environment, utilizing existing slopes to reduce the need for grading, retaining
existing trees where appropriate, and minimizing paved space, all consistent with principles of Low-
Impact Development.
2
Town of North Andover
Definitive Subdivision-0 Great Pond Road,"The Glade"
November 18,2014
PERMIT DEFINITIONS
1) The "Locus" refers to the approximately 6.8-acre parcel of land fronting Great Pond Road at
approximately 75 Great Pond Road as shown on Assessor's Map 96,Lots 53 and 54.
2) The "Plans" refer to the plans entitled "Definitive Subdivision Plan for `The Glade"', prepared by
Christianson&Sergi Inc,dated September 15,2014 sheets 1-7, and revised November 11,2014.
3) The "Project" refers to the construction of a five (5) lot subdivision, including construction of a
roadway,cul-de-sac, installation of utilities,and installation of stornwater management infrastructure
at approximately 75 Great Pond Road.
4) The"Applicant"refers to TKZ LLC.,the applicant for the Definitive Subdivision Plan.
5) The "Project Owner" refers to the person or entity holding the fee interest to the title to the Locus,
which can include but is not limited to the Applicant,developer,and/or owner.
SPECIAL.CONDITIONS
Upon reaching the above findings, the Planning Board approves this Definitive Subdivision Plan with the
following conditions:
1) The roadway, utilities, and stormwater management infrastructure will be constructed according to
the Plans, with requested waivers granted. With respect to waivers concerning development
standards, the Planning Board makes a finding, in accordance with Section 2.7.4 of the subdivision
rules and regulations, that the waived requirements will not impair the functioning, long-term
maintenance, nor appearance of the future development of the land, will not result in an adverse
impact on the areas adjacent to the land, and are consistent with the Board's development objectives.
These waivers consist of:
A) Minimum pavement width:required 26 feet,requested 22 feet
B) Intersection comer curb radius: required 40 feet,requested 25 feet West,30 feet East
C) Cul-de-sac minimum turnaround diameter: required 100 feet,requested 80 feet
D) Curbing:required on new streets,none proposed.Consistent with Low-Impact Development
E) Sidewalks: required on one side of local streets,none proposed.Consistent with LID
F) Street trees:required to be located in right of way,proposed to be outside of ROW
2) The Applicant shall provide for the long-term maintenance of the proposed stormwater infrastructure.
Evidence of a long-term maintenance agreement must be provided to the Planning Department;either
in the form of a Homeowner's Association Agreement, or other formal documentation, such that the
funding, access, and preventative maintenance of the proposed stormwater infrastructure is assured
for each lot within the subdivision.
3) In consideration of the approval of the Plan, there is to be no further division or subdivision of a part
or portion of the parcels created through this Subdivision Plan. This restriction is to be documented in
the respective deeds for each lot within this subdivision.
4) All easement documents, deed restrictions, covenants, Homeowner's Association Agreements, and
maintenance agreements required as part of this decision must be submitted, reviewed, and approved
by the Planning Department, Town Counsel, and the Town Engineer as deemed necessary by the
Town Planner prior to recording.
3
Town of North Andover
Definitive Subdivision—0 Great Pond Road,"The Glade"
November 18,2014
PRIOR TO THE ENDORSEMENT OF THE PIAN
5) A Covenant (Form 1) securing all lots within the subdivision for the construction of ways and
municipal services must be submitted to the Planning Department. Said lots may be released from the
covenant upon posting of security as required in Condition 28.
6) A Conveyance of Easements and Utilities (Form M) for all utilities and easements placed on the
subdivision must be submitted to the Planning Department.
7) The Applicant must meet with the Town Planner in order to ensure that the final plans conform to this
Notice of Decision.These plans must he submitted within ninety(90)days of this Notice of Decision.
8) A development schedule must be submitted to the Town Planner.
PRIOR TO THE START OF CONSTRUCTION
9) A Site Opening Bond in the amount of$5,000 shall be filed with the Town of North Andover. The
Site Opening Bond shall be in the form of a check made out to the Town of North Andover that will
be placed into an interest hearing bond account.
10)The Notice of Decision and accompanying plans must be recorded with the Essex North Registry of
Deeds,and the list of approved waivers must appear on the Mylar plans.The Applicant shall provide
the Planning Department with two copies of the recorded Notice of Decision and accompanying
plans.
11)Each and every Form 1, Form M, Form J, Covenant, easement document, Homeowner's Association
Agreement, and other pertinent maintenance document must be recorded with the Essex North
Registry of Deeds as noted in this decision. The Applicant shall provide the Planning Department
with two copies of each document filed.
12) In consultation with the Town Planner, the Applicant shall designate an independent construction
monitor. The monitor shall make weekly inspections of the project, provide monthly reports to the
Planning Department, and detail any areas of noncompliance and collective actions until all roads,
stormwater infrastructure, and site development infrastructure has been installed according to the
Plans and verified by the Town Planner. Subsequent monitoring reports shall be provided to the
Planning Department at an appropriate frequency determined by the Town Planner. The monitor will
also provide reports following heavy rain events. The monitor must also be available upon notice to
inspect the site accompanying a Planning Department designated official.
13)A pre-construction meeting must be held with the developer, contractors, Planning Department,
Applicant, and other applicable representatives to discuss scheduling of inspections and construction
schedule.At this same meeting,the activities for conditions 14 and 15 below may be also conducted.
14)Yellow"Caution"tape must be placed along the limit of clearing and grading as shown on the plan.
The Planning Department must be contacted prior to any initial cutting and/or clearing on-site.
15) All applicable erosion control measures must be in place and reviewed and approved by the Planning
Department.
16) In lieu of constructing sidewalks, the applicant has agreed to make a contribution to the sidewalk
fund. DPW will determine the amount of the contribution; evidence of DPW's determination and a
4
Town of North Andover
Definitive Subdivision—0 Great Pond Road,"The Glade"
November 18,2014
receipt for the contribution must be submitted to the Town Planner.
17) The Applicant will, in coordination with the Town Planner, provide the Planning Board with a field-
decision on the viability and appropriateness of an island or monument in the center of the proposed
cul-de-sac.
PRIOR TO ISSUANCE OF A BUILDING PERMIT
18)All roads depicted on the plan must be constructed and stabilized.
19)A Plot Plan for the lot in question must be submitted to include:
A) Location of the structure
B) Location of the driveway
C) Location of all water and sewer lines
D) Proposed grading
E) Location of drainage infrastructure
F) Identification of all easements
20)The lot in question shall be staked in the field; the location of any major departures from the plan
must be shown.
21)Appropriate erosion control measures for the lot shall be in place.
22)Catch basins shall be adequately protected and maintained to prevent siltation into drainage
structures.
23) Lot numbers,visible from the frontage,must be posted on lots.
DURING CONSTRUCTION
24)Any stockpiling of materials must be maintained using all relevant Best Management Practices
(BMPs)including covering of loose stockpiles and/or implementing dust mitigation measures.
25)It shall be the responsibility of the Applicant to ensure that no erosion from the site of construction
shall occur which will cause the deposition of soil or sediment upon adjacent properties or public
ways, except as normally ancillary to off-site sewer or other off-site construction. Off-site erosion
will be a basis for the Planning Board to make a finding that the project is not in compliance with this
Notice of Decision, and the board shall give the developer written notice of any such finding and
provide ten(10)days to implement corrective actions.
26)In an effort to reduce noise levels, the developer shall keep in optimum working order, through
regular maintenance,any and all equipment that shall emanate sounds from the construction site.
27) Hours of construction are limited from 7:OOam to 5:OOpm Monday through Friday, and 8:00sun to
S:OOpm on Saturdays.
PRIOR TO LOT RELEASE
28)A Performance Guarantee bond in an amount to be determined by the Town Engineer and Town
Planner shall be posted to ensure completion of the work in accordance with the approved Plans.
Items the bond may cover include,but are not limited to:
A) As-Built Drawings
B) Sewer and Utilities
5
Town of North Andover
Definitive Subdivision—0 Great Pond Road,"The Glade"
November 18,2014
C) Roadway Construction
D) Lot and Site Erosion Control
E) Site Screening and Trees
F) Drainage Infrastructure
G) Site Restoration
H) Final Site Cleanup
29) The Applicant must submit a lot release(Form J)to the Planning Department.
PRIOR TO ISSUANCE OF CERTIFICATE OF OCCUPANCY
30)The Applicant must submit a letter from the architect or/and engineer of the project stating that the
building and site layout substantially comply with the approved Plans.
31) It shall be the Applicant's responsibility to assure the proper placement of driveways, regardless of
whether individual lots are sold. The Planning Board requires any driveway to be moved at the
owner's expense if such driveway is at a catch basin or stone bound position.
32)All slopes must be stabilized with regard to erosion and safety.
33)The lot must be raked,loamed,and seeded,sodded or mulched.
34)The Planning Board reserves the right to review the site after construction is complete and require
additional site screening as it deems necessary and reasonable.
PRIOR TO THE RELASE OF SECURITY AND/OR ESCROWED FUNDS
35)A final set of as-built plans showing final topography, location of utilities, structures, drainage
facilities,and easements must be submitted to the Planning Department.
36)The Planning Board must by a majority vote make a finding that the site is in conformance with the
approved plan.
37)The Town Planner shall verify that all Planning, Conservation, Board of Health, and Division of
Public Works requirements are satisfied and that construction was in compliance with all respective
approved plans and conditions.
GENERAL CONDITIONS
38)The contractor shall contact Dig Safe at least 72 hours prior to commencing any excavation.
39)Gas, telephone, cable, and electric utilities shall be installed underground as specified by the
respective utility companies.
40) The provisions of this conditional approval shall apply and be binding upon the Applicant, its
employees,and all successors and assigns in interest or control.
41)Any action by a town board, commission, or department which requires changes in the plan or design
of the building, as presented to the Planning Board, may be subject to modification by the Planning
Board.
42)Any revisions shall be submitted to the Town Planner for review; if the revision is deemed
substantial,the Applicant must submit revised plans to the Planning Board for approval.
6
Town of North Andover
Definitive Subdivision—0 Great Pond Road,"The Glade"
November 18,2014
43)The following information shall be deemed part of this decision:
Plans Titled: Definitive Subdivision Plan for"The Glade"
North Andover,MA 01845
Prepared for: TKZ LLC
78 Great Pond Road
North Andover,MA 01845
Prepared by: Christiansen&Sergi hrc.
160 Summer Street
Haverhill,MA 01830
Scale: Cover: l '=80',Remainder: l"=40'
Date: September 15,2014 sheets 1-7, and revised November 11,2014
Sheets: 1-7
cc: All Town Departments
Applicant
Engineer
Abutters
Assessor
7
V'O✓IU(\ DECEIVED
rn'r:I ..t cry'; i'fM_
Town of North Andover -
3' Office of the Planning Department 2014 DEC 22 AM 8: 15
o - ;
Community Development and Services Division
,,•
1600 Osgood Street T"u a N OF
+.a,,,,..�n• North Andover,Massachusetts 01845 NORTH N-90
CE . . '
xscNus U- _
NOTICE OF DECISION
DEFINITIVE SUBDIVISION
[Administrative Modification]
Any appeal shall be filed
within(20)days after the
date of filing this notice in
the office of the Town Clerk
Date: November 18,2014
Public Hearings: October 21,2014;November
18,2014
Date of Decision:November 18,2014
Petition of: TKZ LLC
78 Great Pond Road
North Andover,MA 01845
Premises Affected: Appx 75 Great Pond Road
Assessors Map 96 Lot 53,54
North Andover,MA 01845
The Planning Board herein approves a five (5) lot Definitive Subdivision Plan, including construction of a
roadway with a cul-de-sac,the installation of stormwater management inhasWcdue, and the installation of
underground utilities,located off Great Pond Road in the R-3 Zoning District The application was submitted
by applicant TKZ LLC, the owner of the Property, with plans dated September 15, 2014 sheets 1-7, and
revised November 11,2014,and prepared by Christiansen&Sergi Inc.
After a public hearing given on the above dates,and upon a motion by Lynne Rudnicki, seconded by
David Kellogg,the Planning Board APPROVES the application as amended and with conditions.A vote
of 5-0 was made in favor of the application.
On behalf of the Nortl rover Planning Board
John Simons,Chair
Michael Colamoni
David Kellogg
Lora McSherry
Lyme Rudnicki
Peter Boynton,Associate
I
Town of North Andover
Definitive Subdivision-0 Great Pond Road,"The Glade"
November 18,2014
The Planning Board herein APPROVES the application for a Definitive Subdivision so as to construct a
five(5)lot subdivision.The application was filed with the Planning Board on September 19,2014.The
public hearing on the above referenced application was opened on October 21,2014 and closed on
November 18,2014.The applicant submitted a complete application,which was noticed and reviewed in
accordance with Section 4 of the North Andover Rules and Regulations Governing the Subdivision of
Land.
The Planning Board makes the following findings as required by Section 5.6 of the North Andover Rules
and Regulations Governing the Subdivision of Land:
FINDINGS OF FACT:
1) The Definitive Subdivision Plan is substantially complete and technically adequate as amended
herein.
2) The Plan conforms to all applicable zoning requirements for residential lots within the R-3 Zoning
District.
3) The proposed cul-de-sac is in keeping with the character of the neighborhood,and has been reviewed
and approved for safety access by the North Andover Fire Department.
4) The roadway layout conforms to the topographical features of the surrounding area,and thus has less
impact on the environment and surrounding neighborhoods.
5) The roadway layout provides for adequate, safe,and convenient access to the five(5)new lots.
6) The roadway layout and stormwater management infrastructure have been found to provide adequate
drainage and smrmwater management.
7) The Subdivision Plan secures safety in the case of fire, flood, and other emergencies as the roadway
layout provides adequate access and egress for emergency situations.
8) The Subdivision Plan secures adequate provisions for water, sewage, drainage, underground utility
services,and other services where necessary.
9) The Definitive Plan has been reviewed by the Department of Public Works and the Fire Department
and has been found to be acceptable.
10)The Subdivision Plan conforms to town design and construction standards, with the exception of
waivers granted in Condition 1. These waivers that have been granted will not impair the functioning,
long-term maintenance, nor appearance of the future development of the land, will not result in an
adverse impact on the areas adjacent to the land, and are consistent with the Board's development
objectives.
11) The applicant bas demonstrated consideration of maintaining the existing street character,minimizing
the impact on the environment, utilizing existing slopes to reduce the aced for grading, retaining
existing trees where appropriate, and minimizing paved space, all consistent with principles of Low-
Impact Development.
2
Town of North Andover
Definitive Subdivision-0 Great Pond Road,"The Glade"
November 18,2014
PERMIT DEFINITIONS
1) The "Locus" refers to the approximately 6.8-acre parcel of land fronting Great Pond Road at
approximately 75 Great Pond Road as shown on Assessor's Map 96,Lots 53 and 54.
2) The "Plans" refer to the plans entitled "Definitive Subdivision Plan for `The Glade"', prepared by
Christianson&Sergi Inc.,dated September 15,2014 sheets 1-7,and revised November 11,2014.
3) The "Project" refers to the construction of a five (5) lot subdivision, including construction of a
roadway,cul-de-sac,installation of utilities,and installation of stornwater management infrastructure
at approximately 75 Great Pond Road.
4) The"Applicant"refers to TKZ LLC.,the applicant for the Definitive Subdivision Plan.
5) The "Project OwneP' refers to the person or entity holding the fee interest to the title to the Locus,
which can include but is not limited to the Applicant,developer,and/or owner.
SPECIAL CONDMONS
Upon reaching the above findings,the Planning Board approves this Definitive Subdivision Plan with the
following conditions:
1) The roadway, utilities, and starmwater management infrastructure will be constructed according to
the Plans, with requested waivers granted. With respect to waivers concerning development
standards, the Planning Board makes a fording, in accordance with Section 2.7.4 of the subdivision
rules and regulations, that the waived requirements will not impair the functioning, long-term
maintenance, nor appearance of the future development of the land, will not result in an adverse
impact on the areas adjacent to the land,and are consistent with the Board's development objectives.
These waivers consist of
A) Minimum pavement width:required 26 feet,requested 22 feet
B) Intersection comer curb radius: required 40 feet,requested 25 feet West,30 feet East
C) Cul-de-sac minimum turnaround diameter:required 100 feet,requested 80 feet
D) Curbing:required on new streets,none proposed. Consistent with Low-Impact Development
E) Sidewalks:required on one side of local streets,none proposed.Consistent with LID
F) Street trees:required to be located in right of way,proposed to be outside of ROW
2) The Applicant shall provide for the long-term maintenance of the proposed stormwater infrastructure.
Evidence of a long-term maintenance agreement must be provided to the Planning Department;either
in the form of a Homeowner's Association Agreement, or other formal documentation, such that the
funding, access, and preventative maintenance of the proposed stormwater infrastructure is assured
for each lot within the subdivision.
3) In consideration of the approval of the Plan,there is to be no further division or subdivision of a part
or portion of the parcels created through this Subdivision Plan.This restriction is to be documented in
the respective deeds for each lot within this subdivision.
4) All easement documents, deed restrictions, covenants, Homeowner's Association Agreements, and
maintenance agreements required as part of this decision must be submitted, reviewed, and approved
by the Planning Department, Town Counsel, and the Town Engineer as deemed necessary by the
Town Planner prior to recording.
3
Town of North Andover
Definitive Subdivision—0 Great Pond Road,"The Glade"
November 18,2014
PRIOR TO THE ENDORSEMENT OF THE PLAN
5) A Covenant (Form I) securing all lots within the subdivision for the construction of ways and
municipal services must be submitted to the Planning Department. Said lots may be released from the
covenant upon posting of security as required in Condition 28.
6) A Conveyance of Easements and Utilities (Form M) for all utilities and easements placed on the
subdivision must be submitted to the Planning Department.
7) The Applicant must meet with the Town Planner in order to ensure that the final plans conform to this
Notice of Decision.These plans must be submitted within ninety(90)days of this Notice of Decision.
8) A development schedule must be submitted to the Town Planner.
PRIOR TO THE START OF CONSTRUCTION
9) A Site Opening Bond in the amount of$5,000 shall be filed with the Town of North Andover. The
Site Opening Bond shall be in the form of a check made out to the Town of North Andover that will
be placed into an interest bearing bond account.
10)The Notice of Decision and accompanying plans must be recorded with the Essex North Registry of
Deeds,and the list of approved waivers most appear on the Mylar plans. The Applicant shall provide
the Planning Department with two copies of the recorded Notice of Decision and accompanying
plans.
11)Each and every Form I, Form M, Form J, Covenant, easement document, Homeowner's Association
Agreement, and other pertinent maintenance document must be recorded with the Essex North
Registry of Deeds as noted in this decision. The Applicant shall provide the Planning Department
with two copies of each document filed.
12)In consultation with the Town Planner, the Applicant shall designate an independent construction
monitor. The monitor shall make weekly inspections of the project, provide monthly reports to the
Planning Department, and detail any areas of noncompliance and corrective actions until all roads,
stormwater infrastructure, and site development infrastructure has been installed according to the
Plans and verified by the Town Planner. Subsequent monitoring reports shall be provided to the
Planning Department at an appropriate frequency determined by the Town Planner.The monitor will
also provide reports following heavy rain events. The monitor must also be available upon notice to
inspect the site accompanying a Planning Department designated official.
13)A pre-construction meeting must be held with the developer, contractors, Planning Department,
Applicant, and other applicable representatives to discuss scheduling of inspections and construction
schedule.At this same meeting,the activities for conditions 14 and 15 below may be also conducted.
14)Yellow"Caution"tape most be placed along the limit of clearing and grading as shown on the plan.
The Planning Department must be contacted prior to any initial cutting and/or clearing on-site.
15)All applicable erosion control measures must be in place and reviewed and approved by the Planning
Department
16)In lieu of constructing sidewalks, the applicant has agreed to make a contribution to the sidewalk
fund. DPW will determine the amount of the contribution; evidence of DPW's determination and a
4
Town of North Andover
Definitive Subdivision—0 Great Pond Road,"The Glade"
November 18,2014
receipt for the contribution must be submitted to the Town Planner,
17)The Applicant will, in coordination with the Town Planner,provide the Planning Board with a field-
decision on the viability and appropriateness of an island or monument in the center of the proposed
cul-de-sac.
PRIOR TO ISSUANCE OF A BUILDING PERMIT
18)All roads depicted on the plan must be constructed and stabilized.
19)A Plot Plan for the lot in question must be submitted to include:
A) Location of the structure
B) Location of the driveway
C) Location of all water and sewer lines
D) Proposed grading
E) Location of drainage infrastructure
F) Identification of all easements
20) The lot in question shall be staked in the field; the location of any major departures from the plan
must be shown.
21)Appropriate erosion control measures for the lot shall be in place.
22)Catch basins shall be adequately protected and maintained to prevent siltation into drainage
structures.
23)Lot numbers,visible from the frontage,must be posted on lots.
DURING CONSTRUCTION
24)Any stockpiling of materials must be maintained using all relevant Best Management Practices
(BMPs)including covering of loose stockpiles and/or implementing dust mitigation measures.
25)It shall be the responsibility of the Applicant to ensure that no erosion from the site of construction
shall occur which will cause the deposition of soil or sediment upon adjacent properties or public
ways, except as normally ancillary to off-site sewer or other off-site construction. Off-site erosion
will be a basis for the Planning Board to make a finding that the project is not in compliance with this
Notice of Decision, and the board shall give the developer written notice of any such fording and
provide ten(10)days to implement corrective actions.
26)In an effort to reduce noise levels, the developer shall keep in optimum working order, through
regular maintenance,any and all equipment that shall emanate sounds from the construction site.
27)Hours of construction are limited from 7:OOam to S:OOpm Monday through Friday, and 8:OOam to
S:OOpm on Saturdays.
PRIOR TO LOT RELEASE
28)A Performance Guarantee bond in an amount to be determined by the Town Engineer and Town
Planner shall be posted to ensure completion of the work in accordance with the approved Plans.
Items the bond rosy cover include,but are not limited to:
A) As-Built Drawings
B) Sewer and Utilities
5
Town of North Andover
Definitive Subdivision—0 Great Pond Road,"The Glade"
November 18,2014
C) Roadway Construction
D) Lot and Site Erosion Control
E) Site Screening and Trees
F) Drainage Infrastructure
G) Site Restoration
H) Final Site Cleanup
29)The Applicant must submit a lot release(Forth J)to the Planning Department
PRIOR TO ISSUANCE OF CERTIFICATE OF OCCUPANCY
30)The Applicant must submit a letter from the architect or/and engineer of the project stating that the
building and site layout substantially comply with the approved Plans.
31)It shall be the Applicant's responsibility to assure the proper placement of driveways, regardless of
whether individual lots are sold. The Planning Board requires any driveway to be moved at the
owner's expense if such driveway is at a catch basin or stone bound position.
32)All slopes must be stabilized with regard to erosion and safety.
33)The lot must be raked,loamed,and seeded,sodded or mulched.
34)The Planning Board reserves the right to review the site after construction is complete and require
additional site screening as it deems necessary and reasonable.
PRIOR TO THE RELASE OF SECURITY AND/OR ESCROWED FUNDS
35)A final set of as-built plans showing final topography, location of utilities, structures, drainage
facilities,and easements must be submitted to the Planning Department
36)The Planning Board must by a majority vote make a fording that the site is in conformance with the
approved plan.
37)The Town Planner shall verify that all Planning, Conservation, Board of Health, and Division of
Public Works requirements are satisfied and that construction was in compliance with all respective
approved plans and conditions.
GENERAL CONDITIONS
38)The contractor shall contact Dig Safe at least 72 hours prior to commencing any excavation.
39)Gas, telephone, cable, and electric utilities shall be installed underground as specified by the
respective utility companies.
40)The provisions of this conditional approval shall apply and be binding upon the Applicant, its
employees,and all successors and assigns in interest or control.
41)Any action by a town board,commission,or department which requires changes in the plan or design
of the building, as presented to the Planning Board, may be subject to modification by the Planning
Board.
42)Any revisions shall be submitted to the Town Planner for review; if the revision is deemed
substantial,the Applicant must submit revised plans to the Planning Board for approval.
6
Town of North Andover
Definitive Subdivision—0 Great Pond Road,"The Glade"
November 18,2014
43)The following information shall be deemed part of this decision:
Plans Titled: Definitive Subdivision Plan for"The Glade"
North Andover,MA 01845
Prepared for. TKZ LLC
78 Great Pond Road
North Andover,MA 01845
Prepared by: Christiansen&Seugi Inc.
160 Summer Street
Haverhill,MA 01830
Scale: Cover. 1"=80',Remainder: 1"=40'
Date: September 15,2014 sheets 1-7,and revised November 11,2014
Sheets: 1-7
cc: All Town Departments
Applicant
Engineer
Abutters
Assessor
7
of'No or��ry
4 9
�xACNUa
CONSERVATION DEPARTMENT
Community Development Division
MODIFICATION TO ORDER OF CONDITIONS
78 Great Pond Road,North Andover
At the April 24,2013 public hearing the North Andover Conservation Commission (NACC)
voted to issue a minor modification to DEP File #242-1577.The Modification shall conform
to the plans and documents referenced below.
Applicant: TLD LLC
115 Carter Field Road
North Andover,MA 01845
Record Documents: Letter,List of Proposed Changes,Plan w/sketch of Deck
Prepared by:Thomas D. Zahomiko,Manager TLD LLC
Date:April 15,2013
Approved Modifications
• Relocation of house foundation 15' farther from edge of Bordering Vegetated Wetland
(BVV))
• Elimination of patio on south side of house
• Addition of 12'x 28'deck on west side of house
• Addition of low stone retaining walls to west of house and to north of driveway
Suecial Conditions
• All modifications shall be reflected in the as-built plan required by Condition#71 of the
Order of Conditions.
1600 Osgood Street,Building 20,Suite 2-36,North Andover,Massachusetts 01845
Phone 978.688.9530 Fax 978.688.9542
Web:http://m .tounofiord=dover.co /Pages/NAndo "MA—Conservation/index
Of NORTH AN
O F
'ri nnno .�"19
,SSACHUSE�
CONSERVATION DEPARTMENT
Community Development Division
Modification to Order of Conditions
The NORTH ANDOVER CONSERVATION COMMISSION agreed to accept
Applicant: TL n LLC
//S" ClIRTet F'' %O /Cnacy
Nn Rth Hni/C> rPti� 17U o/yNS
se---
as
ecas a Modification to the Order of Conditions issued in File 242-/577 dated—z/La&3 and
recorded in Book t 3'l3 5 and page j $ /
Issued by t} NO THA OVER CONSERVATION COMMISSION:
/
On thisa �' ` of pma;Lr Jo..3 before me personally appeared Louis Napoli to me
day month/yr
known to be the person described in and who executed the forgoing instrument and
acknowledged that he/she executed the same as his/her free act and deed.
Notary Public
DONNAM.WEDGE
WTASY MUC
L*
oaapxneam ae wtswxerrrs
WCann E+vMdN lS.alla
1600 Osgood Street,North Andover,Massachusetts 01845
Phone 978.688.9530 Fax 978.688.9542 Web www.townofnorthandover.com
P, CEIVEO
TOWN CLERK'S OFFICE
RORiR
Town of North Andover
Office of the Planning Department 1014 NOV 19 PM 2: 25
i Community Development and Services Division
1600 Osgood Street TOWN OF
t� cXusrf North Andover,Massachusetts 01845 NORTH ANOOM
MASSACHUSETTS
NOTICE OF DECISION
DEFINITIVE SUBDIVISION
Any appeal shall be filed
within(20)days after the
date of filing this notice in
the office of the Town Clerk
Date: November l8,2014
Public Hearings: October 21,2014;November
l8,2014
Date of Decision:November 18,2014
Petition of: TKZ LLC
78 Great Pond Road
North Andover,MA 01845
Premises Affected: Appx. 75 Great Pond Road
Assessors Map 96 Lot 53,54
North Andover,MA 01845
The Planning Board herein approves a five (5) lot Definitive Subdivision Plan, including construction of a
roadway with a cul-de-sac,the installation of stormwater management infrastructure, and the installation of
underground utilities, located off Great Pond Road in the R-3 Zoning District.The application was submitted
by applicant TKZ LLC.,the owner of the property, with plans dated August 12, 2014, with Sheets 4 and 5
revised November 11,2014,and prepared by Christiansen&Sergi Inc.
After a public hearing given on the above dates,and upon a motion by Lynne Rudnicki,seconded by
David Kellogg,the Planning Board APPROVES the application as amended and with conditions.A vote
of 5-0 was made in favor of the application.
On behalf of the NOT
rdover Planning Board
John Simons,Chair
Michael Colantoni
David Kellogg
Lora McSherry
Lynne Rudnicki
Peter Boynton,Associate
1
• Town of North Andover
Definitive Subdivision—0 Great Pond Road,"The Glade"
November 18,2014
The Planning Board herein APPROVES the application for a Definitive Subdivision so as to construct a
five(5)lot subdivision.The application was filed with the Planning Board on September 19,2014.The
public hearing on the above referenced application was opened on October 21,2014 and closed on
November 18,2014.The applicant submitted a complete application,which was noticed and reviewed in
accordance with Section 4 of the North Andover Rules and Regulations Governing the Subdivision of
Land.
The Planning Board makes the following findings as required by Section 5.6 of the North Andover Rules
and Regulations Governing the Subdivision of Land:
FINDINGS OF FACT:
1) The Definitive Subdivision Plan is substantially complete and technically adequate as amended
herein.
2) The Plan conforms to all applicable zoning requirements for residential lots within the R-3 Zoning
District.
3) The proposed cul-de-sac is in keeping with the character of the neighborhood, and has been reviewed
and approved for safety access by the North Andover Fire Department.
4) The roadway layout conforms to the topographical features of the surrounding area, and thus has less
impact on the environment and surrounding neighborhoods.
5) The roadway layout provides for adequate,safe,and convenient access to the five(5)new lots.
6) The roadway layout and stormwater management infrastructure have been found to provide adequate
drainage and stormwater management.
7) The Subdivision Plan secures safety in the case of fire, flood, and other emergencies as the roadway
layout provides adequate access and egress for emergency situations.
8) The Subdivision Plan secures adequate provisions for water, sewage, drainage, underground utility
services,and other services where necessary.
9) The Definitive Plan has been reviewed by the Department of Public Works and the Fire Department
and has been found to be acceptable.
10) The Subdivision Plan conforms to town design and construction standards, with the exception of
waivers granted in Condition 1. These waivers that have been granted will not impair the functioning,
long-term maintenance, nor appearance of the future development of the land, will not result in an
adverse impact on the areas adjacent to the land, and are consistent with the Board's development
objectives.
11)The applicant has demonstrated consideration of maintaining the existing street character,minimizing
the impact on the environment, utilizing existing slopes to reduce the need for grading, retaining
existing trees where appropriate, and minimizing paved space, all consistent with principles of Low-
Impact Development.
2
Town of North Andover
Definitive Subdivision—0 Great Pond Road,"The Glade"
November 18,2014
PERMIT DEFINITIONS
1) The "Locus" refers to the approximately 6.8-acre parcel of land fronting Great Pond Road at
approximately 75 Great Pond Road as shown on Assessor's Map 96,Lots 53 and 54.
2) The "Plans" refer to the plans entitled "Definitive Subdivision Plan for `The Glade"', prepared by
Christianson&Sergi Inc.,dated August 12,2014,with Sheets 4 and 5 revised November 11, 2014.
3) The "Project" refers to the construction of a five (5) lot subdivision, including construction of a
roadway,cul-de-sac, installation of utilities,and installation of stormwater management infrastructure
at approximately 75 Great Pond Road.
4) The"Applicant"refers to TKZ LLC.,the applicant for the Definitive Subdivision Plan.
5) The "Project Owner" refers to the person or entity holding the fee interest to the title to the Locus,
which can include but is not limited to the Applicant,developer,and/or owner.
SPECIAL CONDITIONS
Upon reaching the above findings,the Planning Board approves this Definitive Subdivision Plan with the
following conditions:
1) The roadway, utilities, and stormwater management infrastructure will be constructed according to
the Plans, with requested waivers granted. With respect to waivers concerning development
standards, the Planning Board makes a finding, in accordance with Section 2.7.4 of the subdivision
rules and regulations, that the waived requirements will not impair the functioning, long-term
maintenance, nor appearance of the future development of the land, will not result in an adverse
impact on the areas adjacent to the land, and are consistent with the Board's development objectives.
These waivers consist of.
A) Minimum pavement width:required 26 feet,requested 22 feet
B) Intersection corner curb radius: required 40 feet,requested 25 feet West,30 feet East
C) Cul-de-sac minimum turnaround diameter. required 100 feet,requested 80 feet
D) Curbing:required on new streets,none proposed.Consistent with Low-Impact Development
E) Sidewalks: required on one side of local streets,none proposed. Consistent with LID
F) Street trees: required to be located in right of way,proposed to be outside of ROW
2) The Applicant shall provide for the long-term maintenance of the proposed stormwater infrastructure.
Evidence of a long-term maintenance agreement must be provided to the Planning Department;either
in the form of a Homeowner's Association Agreement, or other formal documentation, such that the
funding, access, and preventative maintenance of the proposed stormwater infrastructure is assured
for each lot within the subdivision.
3) In consideration of the approval of the Plan,there is to be no further division or subdivision of a part
or porion of the parcels created through this Subdivision Plan.This restriction is to be documented in
the respective deeds for each lot within this subdivision.
4) All easement documents, deed restrictions, covenants, Homeowner's Association Agreements, and
maintenance agreements required as part of this decision must be submitted, reviewed, and approved
by the Planning Department, Town Counsel, and the Town Engineer as deemed necessary by the
Town Planner prior to recording.
3
Town of North Andover
Definitive Subdivision-0 Great Pond Road,"The Glade"
November 18,2014
PRIOR TO THE ENDORSEMENT OF THE PLAN
5) A Covenant (Form I) securing all lots within the subdivision for the construction of ways and
municipal services must be submitted to the Planning Department. Said lots may be released from the
covenant upon posting of security as required in Condition 28.
6) A Conveyance of Easements and Utilities (Form M) for all utilities and easements placed on the
subdivision must be submitted to the Planning Department.
7) The Applicant must meet with the Town Planner in order to ensure that the final plans conform to this
Notice of Decision.These plans must be submitted within ninety(90)days of this Notice of Decision.
8) A development schedule must be submitted to the Town Planner.
PRIOR TO THE START OF CONSTRUCTION
9) A Site Opening Bond in the amount of$5,000 shall be filed with the Town of North Andover. The
Site Opening Bond shall be in the form of a check made out to the Town of North Andover that will
be placed into an interest bearing bond account.
10)The Notice of Decision and accompanying plans must be recorded with the Essex North Registry of
Deeds, and the list of approved waivers must appear on the Mylar plans. The Applicant shall provide
the Planning Department with two copies of the recorded Notice of Decision and accompanying
Plans.
11)Each and every Form 1, Form M, Form 1, Covenant, easement document, Homeowner's Association
Agreement, and other pertinent maintenance document must be recorded with the Essex North
Registry of Deeds as noted in this decision. The Applicant shall provide the Planning Department
with two copies of each document filed.
12) In consultation with the Town Planner, the Applicant shall designate an independent construction
monitor. The monitor shall make weekly inspections of the project, provide monthly reports to the
Planning Department, and detail any areas of noncompliance and corrective actions until all roads,
stormwater infrastructure, and site development infrastructure has been installed according to the
Plans and verified by the Town Planner. Subsequent monitoring reports shall be provided to the
Planning Department at an appropriate frequency determined by the Town Planner. The monitor will
also provide reports following heavy rain events. The monitor must also be available upon notice to
inspect the site accompanying a Planning Department designated official.
13)A pre-construction meeting must be held with the developer, contractors, Planning Department,
Applicant, and other applicable representatives to discuss scheduling of inspections and construction
schedule.At this same meeting,the activities for conditions 14 and 15 below may be also conducted.
14)Yellow"Caution"tape must be placed along the limit of clearing and grading as shown on the plan.
The Planning Department must be contacted prior to any initial cutting and/or clearing on-site.
15)All applicable erosion control measures must be in place and reviewed and approved by the Planning
Department.
16)In lieu of constructing sidewalks, the applicant has agreed to make a contribution to the sidewalk
fund. DPW will determine the amount of the contribution; evidence of DPW's determination and a
receipt for the contribution must be submitted to the Town Planner.
4
• Town of North Andover
Definitive Subdivision—0 Great Pond Road,"The Glade'
November 18,2014
17)The Applicant will, in coordination with the Town Planner,provide the Planning Board with a field-
decision on the viability and appropriateness of an island or monument in the center of the proposed
cul-de-sac.
PRIOR TO ISSUANCE OF A BUILDING PERMIT
18)All roads depicted on the plan must be constructed and stabilized.
19)A Plot Plan for the lot in question must be submitted to include:
A) Location of the structure
B) Location of the driveway
C) Location of all water and sewer lines
D) Proposed grading
E) Location of drainage infrastructure
F) Identification of all easements
20)The lot in question shall be staked in the field; the location of any major departures from the plan
must be shown.
21)Appropriate erosion control measures for the lot shall be in place.
22) Catch basins shall be adequately protected and maintained to prevent siltation into drainage
structures.
23)Lot numbers,visible from the frontage,must be posted on lots.
DURING CONSTRUCTION
24)Any stockpiling of materials must be maintained using all relevant Best Management Practices
(BMPs)including covering of loose stockpiles and/or implementing dust mitigation measures.
25)It shall be the responsibility of the Applicant to ensure that no erosion from the site of construction
shall occur which will cause the deposition of soil or sediment upon adjacent properties or public
ways, except as normally ancillary to off-site sewer or other off-site construction. Off-site erosion
will be a basis for the Planning Board to make a finding that the project is not in compliance with this
Notice of Decision, and the board shall give the developer written notice of any such finding and
provide ten(10)days to implement corrective actions.
26) In an effort to reduce noise levels, the developer shall keep in optimum working order, through
regular maintenance,any and all equipment that shall emanate sounds from the construction site.
27) Hours of construction are limited from 7:OOam to S:OOpm Monday through Friday, and 8:OOam to
S:OOpm on Saturdays.
PRIOR TO LOT RELEASE
28)A Performance Guarantee bond in an amount to be determined by the Town Engineer and Town
Planner shall be posted to ensure completion of the work in accordance with the approved Plans.
Items the bond may cover include,but are not limited to:
A) As-Built Drawings
B) Sewer and Utilities
C) Roadway Construction
5
Town of North Andover
Definitive Subdivision—0 Great Pond Road,"The Glade"
November 18,2014
D) Lot and Site Erosion Control
E) Site Screening and Trees
F) Drainage Infrastructure
G) Site Restoration
H) Final Site Cleanup
29)The Applicant must submit a lot release(Form J)to the Planning Department.
PRIOR TO ISSUANCE OF CERTIFICATE OF OCCUPANCY
30) The Applicant must submit a letter from the architect or/and engineer of the project stating that the
building and site layout substantially comply with the approved Plans.
31) It shall be the Applicant's responsibility to assure the proper placement of driveways, regardless of
whether individual lots are sold. The Planning Board requires any driveway to be moved at the
owner's expense if such driveway is at a catch basin or stone bound position.
32)All slopes must be stabilized with regard to erosion and safety.
33)The lot most be raked, learned,and seeded, sodded or mulched.
34)The Planning Board reserves the right to review the site after construction is complete and require
additional site screening as it deems necessary and reasonable.
PRIOR TO THE RELASE OF SECURITY AND/OR ESCROWED FUNDS
35)A final set of as-built plans showing final topography, location of utilities, structures, drainage
facilities,and easements must be submitted to the Planning Department.
36)The Planning Board must by a majority vote make a finding that the site is in conformance with the
approved plan.
37)The Town Planner shall verify that all Planning, Conservation, Board of Health, and Division of
Public Works requirements are satisfied and that construction was in compliance with all respective
approved plans and conditions.
GENERAL CONDITIONS
38) The contractor shall contact Dig Safe at least 72 hours prior to commencing any excavation.
39)Gas, telephone, cable, and electric utilities shall be installed underground as specified by the
respective utility companies.
40)The provisions of this conditional approval shall apply and be binding upon the Applicant, its
employees,and all successors and assigns in interest or control.
41)Any action by a town board,commission,or department which requires changes in the plan or design
of the building, as presented to the Planning Board, may be subject to modification by the Planning
Board.
42)Any revisions shall be submitted to the Town Planner for review; if the revision is deemed
substantial,the Applicant must submit revised plans to the Planning Board for approval.
6
' Town of North Andover
Definitive Subdivision—0 Great Pond Road,"The Glade"
November I8,2014
43)The following information shall be deemed part of this decision:
Plans Titled: Definitive Subdivision Plan for"The Glade"
North Andover,MA 01845
Prepared for: TKZ LLC
78 Great Pond Road
North Andover,MA 01845
Prepared by: Christiansen&Sergi Inc.
160 Summer Street
Haverhill,MA 01830
Scale: 1"=80'
Date: August 16,2014,Revised November 11,2014
Sheets: 1-8
cc: All Town Departments
Applicant
Engineer
Abutters
Assessor
7
e;
�l T014`N'C1ECEIVE0
-EPK'S OFFICE
NaaTM
Town of North Andover
Office of the Planning Department 201%NOV 19 PN -2. 25
Community Development and Services Division
�4g __Y F;• 1600 Osgood Street TC:HN
North Andover,Massachusetts 01845 NORTH AudJUtr
NOTICE OF DECISION
DEFINITIVE SUBDIVISION This is w tarty that twenty(20)days
nave elapsed Rom date of decision,filed
Any appeal shall be filed vAlboutm Of a peal 0
within(20)days after the Joyce AData�
date of filing this notice in Town Clerk
the office of the Town Clerk.
Date: November 18,2014
Public Hearings: October 21,2014;November
18,2014
Date of Decision:November 18,2014
Petition of TKZ LLC
78 Great Pond Road
North Andover,MA 01845
Premises Affected: Appz 75 Great Pond Road
Assessors Map 96 Lot 53,54
North Andover,MA 01845
The Planning Board herein approves a five (5) lot Definitive Subdivision Plan, including construction of a
roadway with a cul-de-sac,the installation of stormwater management infrastructure, and the installation of
underground utilities,located off Great Pond Road in the R-3 Zoning District The application was submitted
by applicant TKZ LLC.,the owner of the property, with plans dated August 12, 2014,with Sheets 4 and 5
revised November 11,2014,and prepared by Christiansen&Sergi Inc.
After a public hearing given on the above dates, and upon a motion by Lynne Rudnicki,seconded by
David Kellogg,the Planning Board APPROVES the application as amended and with conditions.A vote
of 5-0 was made in favor of the application.
r
On behalf of the Non fridover Planning Board
John Simons,Chau
Michael Colantoni
David Kellogg
Lora McSherry
Lynne Rudnicld
Peter Boynton,Associate
1
Town of North Andover
Definitive Subdivision—0 Groat Pond Road,"The Glade"
November 18,2014
The Planning Board herein APPROVES the application for a Definitive Subdivision so as to construct a
five(5)lot subdivision.The application was filed with the Planning Board on September 19,2014.The
public hearing on the above referenced application was opened on October 21,2014 and closed on
November 18,2014. The applicant submitted a complete application,which was noticed and reviewed in
accordance with Section 4 of the North Andover Rules and Regulations Governing the Subdivision of
Land.
The Planning Board makes the following findings as required by Section 5.6 of the North Andover Rules
and Regulations Governing the Subdivision of Land:
FINDINGS OF FACF:
1) The Definitive Subdivision Plan is substantially complete and technically adequate as amended
herein.
2) The Plan conforms to all applicable zoning requirements for residential lots within the R-3 Zoning
District.
3) The proposed cul-de-sac is in keeping with the character of the neighborhood,and bas been reviewed
and approved for safety access by the North Andover Fire Department.
4) The roadway layout conforms to the topographical features of the surrounding area, and thus has less
impact on the environment and surrounding neighborhoods.
5) The roadway layout provides for adequate,safe,and convenient access to the five(5)new lots.
6) The roadway layout and stormwater management infrastructure have been found to provide adequate
drainage and stormwater management.
7) The Subdivision Plan secures safety in the case of fire, flood,and other emergencies as the roadway
layout provides adequate access and egress for emergency situations.
8) The Subdivision Plan secures adequate provisions for water, sewage, drainage, underground utility
services,and other services where necessary.
9) The Definitive Plan has been reviewed by the Department of Public Works and the Fire Department
and has been found to be acceptable.
10)The Subdivision Plan conforms to town design and construction standards, with the exception of
waivers granted in Condition 1.These waivers that have been granted will not impair the functioning,
long-term maintenance, nor appearance of the future development of the land, will not result in an
adverse impact on the areas adjacent to the land, and are consistent with the Board's development
objectives.
1 1)The applicant has demonstrated consideration of maintaining the existing street character,minimizing
the impact on the environment, utilizing existing slopes to reduce the need for grading, retaining
existing trees where appropriate, and minimizing paved space, all consistent with principles of Low-
Impact Development.
2
Town of North Andover
Definitive Subdivision—0 Great Pond Road,"The Glade"
November 18,2014
PERMIT DEFINITIONS
1) The "Locus" refers to the approximately 6.8-acre parcel of land fronting Great Pond Road at
approximately 75 Great Pond Road as shown on Assessor's Map 96,Lots 53 and 54.
2) The "Plans" refer to the plans entitled "Definitive Subdivision Plan for `The Glade"', prepared by
Christianson&Sergi Inc.,dated August 12,2014,with Sheets 4 and 5 revised November 11,2014.
3) The "Project" refers to the construction of a five (5) lot subdivision, including construction of a
roadway,cul-de-sac, installation of utilities,and installation of stormwater management infrastructure
at approximately 75 Gteat Pond Road.
4) The"Applicant"refers to TKZ LLC.,the applicant for the Definitive Subdivision Plan.
5) The "Project Owner" refers to the person or entity holding the fee interest to the title to the Locus,
which can include but is not limited to the Applicant,developer,and/or owner.
SPECIAL CONDITIONS
Upon reaching the above findings,the Planning Board approves this Definitive Subdivision Plan with the
following conditions:
1) The roadway, utilities, and stormwater management infrastructure will be constructed according to
the Plans, with requested waivers granted. With respect to waivers concerning development
standards, the Planning Board makes a finding, in accordance with Section 2.7.4 of the subdivision
rules and regulations, that the waived requirements will not impair the functioning, long-term
maintenance, nor appearance of the future development of the land, will not result in an adverse
impact on the areas adjacent to the land,and are consistent with the Board's development objectives.
These waivers consist of:
A) Minimum pavement width:required 26 feet,requested 22 feet
B) Intersection comer cub radius:required 40 feet,requested 25 feet West,30 feet East
C) Cul-de-sac minimum turnaround diameter:required 100 feet,requested 80 feet
D) Curbing:required on new streets,none proposed.Consistent with Low-hnpact Development
E) Sidewalks: required on one side of local streets,none proposed.Consistent with LID
F) Street trees: required to be located in right of way,proposed to be outside of ROW
2) The Applicant shall provide for the long-term maintenance of the proposed stormwater infrastructure.
Evidence of a long-term maintenance agreement must be provided to the Planning Department; either
in the form of a Homeowner's Association Agreement, or other formal documentation, such that the
funding, access, and preventative maintenance of the proposed stormwatu infrastructure is assured
for each lot within the subdivision.
3) In consideration of the approval of the Plan,there is to be no further division or subdivision of a part
or portion of the parcels created through this Subdivision Plan. This restriction is to be documented in
the respective deeds for each lot within this subdivision.
4) All easement documents, deed restrictions, covenants, Homeowner's Association Agreements, and
maintenance agreements required as part of this decision must be submitted,reviewed, and approved
by the Planning Department, Town Counsel, and the Town Engineer as deemed necessary by the
Towa Planner prior to recording.
3
Town of North Andover
Definitive Subdivision-0 Great Pond Road,"The Glade"
November 18,2014
PRIOR TO THE ENDORSEMENT OF THE PLAN
5) A Covenant (Form I) securing all lots within the subdivision for the construction of ways and
municipal services must be submitted to the Planning Department. Said lots may be released from the
covenant upon posting of security as required in Condition 28.
6) A Conveyance of Easements and Utilities (Form M) for all utilities and easements placed on the
subdivision most be submitted to the Planning Department.
7) The Applicant must meet with the Town Planner in order to ensure that the final plans conform to this
Notice of Decision.These plans must be submitted within ninety(90)days of this Notice of Decision.
8) A development schedule most be submitted to the Town Planner.
PRIOR TO THE START OF CONSTRUCTION
9) A Site Opening Bond in the amount of$5,000 shall be filed with the Town of North Andover. The
Site Opening Bond shall be in the from of a check made out to the Town of North Andover that will
be placed into an interest bearing bond account.
10)The Notice of Decision and accompanying plans must be recorded with the Essex North Registry of
Deeds, and the list of approved waivers must appear on the Mylar plans. The Applicant shall provide
the Planning Department with two copies of the recorded Notice of Decision and accompanying
Plans.
11)Each and every Form I, Form M, Form J, Covenant, easement document,Homeowner's Association
Agreement, and other pertinent maintenance document must be recorded with the Essex North
Registry of Deeds as noted in this decision. The Applicant shall provide the Planning Department
with two copies of each document filed.
12)In consultation with the Town Planner, the Applicant shall designate an independent construction
monitor. The monitor shall make weekly inspections of the project, provide monthly reports to the
Planning Department, and detail any areas of noncompliance and corrective actions until all roads,
strmwater infrastructure, and site development infrastructure has been installed according to the
Plans and verified by the Town Planner. Subsequent monitoring reports shall be provided to the
Planning Department at an appropriate frequency determined by the Town Planner. The monitor will
also provide reports following heavy rain events. The monitor must also be available upon notice to
inspect the site accompanying a Planning Department designated official.
13)A pre-construction meeting must be held with the developer, contractors, Planning Department,
Applicant, and other applicable representatives to discuss scheduling of inspections and construction
schedule.At this same meeting,the activities fm conditions 14 and 15 below may be also conducted.
14)Yellow"Caution"tape must be placed along the limit of clearing and grading as shown on the plan.
The Planning Department must be contacted prior to any initial cutting and/or clearing on-site.
15)All applicable erosion control measures must be in place and reviewed and approved by the Planning
Department.
16)in lieu of constructing sidewalks, the applicant has agreed to make a contribution to the sidewalk
fund. DPW will determine the amort of the contribution; evidence of DPW's determination and a
receipt fm the contribution must be submitted to the Town Planner.
4
Town of North Andover
Definitive Subdivision—0 Great Pond Road,"The Glade'
November 18,2014
17)The Applicant will, in coordination with the Town Planner, provide the Planning Board with a field-
decision on the viability and appropriateness of an island or monument in the center of the proposed
cul-de-sac.
PRIOR TO ISSUANCE OF A BUILDING PERMIT
18)All roads depicted on the plan must be constructed and stabilized.
19)A Plot Plan for the lot in question must be submitted to include:
A) Location of the structure
B) Location of the driveway
C) Location of all water and sewer lines
D) Proposed grading
E) Location of drainage infrastructure
F) Identification of all easements
20)The lot in question shall be staked in the field; the location of any major departures from the plan
must be shown.
21)Appropriate erosion control measures for the lot shall be in place.
22)Catch basins shall be adequately protected and maintained to prevent siltation into drainage
structures.
23) Lot numbers,visible from the frontage,must be posted on lots.
DURING CONSTRUCTION
24)Any stockpiling of materials must be maintained using all relevant Best Management Practices
(BMPs)including covering of loose stockpiles and/or implementing dust mitigation measures.
25) It shall be the responsibility of the Applicant to ensure that no erosion from the site of construction
shall occur which will cause the deposition of soil or sediment upon adjacent properties or public
ways, except as normally ancillary to off-site sewer or other off-site construction. Off-site erosion
will be a basis for the Planning Board to make a finding that the project is not in compliance with this
Notice of Decision, and the board shall give the developer written notice of any such finding and
provide ten(10)days to implement corrective actions.
26) In an effort to reduce noise levels, the developer shall keep in optimum working order, through
regular maintenance,any and all equipment that shall emanate sounds from the construction site.
27) Hours of construction are limited from 7:00am to 5:00pm Monday through Friday, and 8:00am to
5:00pm on Saturdays.
PRIOR TO LOT RELEASE
28)A Performance Guarantee bond in an amount to be determined by the Town Engineer and Town
Planner shall be posted to ensure completion of the work in accordance with the approved Plans.
Items the bond may cover include,but are not limited to:
A) As-Built Drawings
B) Sewer and Utilities
C) Roadway Construction
5
Town of North Andover
Definitive Subdivision—0 Great Pond Road,"The Glade"
November 18,2014
D) Lot and Site Erosion Control
E) Site Screening and Trees
F) Drainage Infrastructure
G) Site Restoration
H) Final Site Cleanup
29)The Applicant must submit a lot release(Form J)to the Planning Department.
PRIOR TO ISSUANCE OF CERTIFICATE OF OCCUPANCY
30)The Applicant must submit a letter from the architect or/and engineer of the project stating that the
building and site layout substantially comply with the approved Plans.
31)It shall be the Applicant's responsibility to assure the proper placement of driveways, regardless of
whether individual lots are sold. The Planning Board requires any driveway to be moved at the
owner's expense if such driveway is at a catch basin or stone bound position.
32)All slopes must be stabilized with regard to erosion and safety.
33)The lot most be raked,loaned,and seeded,sodded or mulched.
34)The Planning Board reserves the right to review the site after construction is complete and require
additional site screening as it deems necessary and reasonable.
PRIOR TO THE RELASE OF SECURITY AND/OR ESCROWED FUNDS
35)A £mal set of as-built plans showing final topography, location of utilities, structures, drainage
facilities,and easements must be submitted to the Planning Department.
36)The Planning Board must by a majority vote make a finding that the site is in conformance with the
approved plan.
37)The Town Planner shall verify that all Planning, Conservation, Board of Health, and Division of
Public Works requirements are satisfied and that construction was in compliance with all respective
approved plans and conditions.
GENERAL CONDITIONS
38)The contractor shall contact Dig Safe at least 72 hours prior to commencing any excavation.
39)Gas, telephone, cable, and electric utilities shall be installed underground as specified by the
respective utility companies.
40)The provisions of this conditional approval shall apply and be binding upon the Applicant, its
employees,and all successors and assigns in interest or control.
41)Any action by a town board,commission, or department which requires changes in the plan or design
of the building, as presented to the Planning Board, may be subject to modification by the Planning
Board.
42)Any revisions shall be submitted to the Town Planner for review; if the revision is deemed
substantial,the Applicant must submit revised plans tothe Pluming Board for approval.
6
Town of North Andover
Definitive Subdivision—0 Great Pond Road,"The Glade"
November 18,2014
43)The following information shall be deemed part of this decision:
Plans Titled: Definitive Subdivision Plan for"The Glade"
North Andover,MA 01845
Prepared for. TKZ LLC
78 Great Pond Road
North Andover,MA 01845
Prepared by: Christiansen&Sergi Inc.
160 Summer Street
Haverhill,MA 01830
Scale: I"=80'
Date: August 16,2014,Revised November 11,2014
Sheets: 1-8
cc: All Town Departments
Applicant
Engineer
Abutters
Assessor
7
Massachusetts Department of Envimamentsi Protection Provided by MassDEP:
Bureau of Resource Protection-Wetlands MassDEP File#:242-1627
WPAForm 5 -Ord"ofConddioos eDEPTmnsection#:702290
Massachusetts Wetlands Protection Act M.G.L.c. 131,§40 City/fown:NORTHANDOVER
A.General Information
I.Conservation Commission NORTH ANDOVER
2.Issuance a F DOC b.r- Amended OOC
3.Applies Details
e.Fica Name THOMAS b.Last Name ZAHOURICO
C.Orgamabon TKZ LLC
d Mailing Address 78 GREAT POND ROAD
e.Cay/fox NORTHANDOVER ESM MA g.Zip Cade 01845
4.Properly Owner
a FbstName THOMAS It Lan Name ZAHOURIKO
C.Organbelim TKZLLC
d.Mailing Address 78 GREAT POND ROAD
e City/fown NORTHANDOVER f.State MA g.Zip Code 01845
5.Pfcod Location
a Street Address GREAT POND ROAD LOTS 53 AND 54
b.City[ro" NORTH ANDOVER c.Zip Code
d.Assessors MapPlat#96 e.ParceULo1# 53&54
f Lafitude 42.68431N g.Longitude 71.109583W
6.Proprny recorded at the Registry of Deed for:
a.Cm ty b.Certificate c.Book d.Page
NORTHERN ESSEX 13872 94
7.Dates
a.DawNOl Filed:925/2014 b.Date Public Hearing Closed: 11/19/2014 c.Date Of Issuance: 11120/2014
8.Fiml Approved Plans mod Other Documents
a.PW Title: b.Plan Prepared by: a PW Signed/Stn"W by: d.Revised Fimal Date: e.Scale:
DEFINIUVE
SUBDMSION CHRISTIANSEN& PHILIP G.CHRISTIANSEN, 11/11/14 1"=30'
PLAN FOR THE SERGLINC. P.E.
GLADE
B. Findings
Page 1 of 10 a ELECTRONIC COPY
Massachusetts Department of Environmental Protection Provided by MassDEP:
MiEp Tra eactio242-1627
Bureau of Resource Protection-Wetlands Nf,, Tmosac ile#:242-16290
L' I
WPAForm 5-Order ofConditions City/Fown:NORTHANDOVER
Massachusetts Wetlands Protection Act M.G.L.c. 131,§40
1Fmd pmmaotto the MasmrJ,"W,Weiland,Protection Act
Following the review ofthe the above-referenced Notice of Intent and based can the infonnationprovided in this application and
presented atthe public hearing this Commission finds flet the areas inwhichwork is proposed is significant w the following imeres+s Of
the Wetlands Protection Act.
Check a0 did apply:
a. r Public Water Supply b. r Iend Comahmug Shelifidr err Preventiono0olludon
it. r Private Water Supply e. r Fisheries f. r Protection of Wildlife Habitat
g. r Ground water Supply h. r Storm Darnage Preonflun i. r Floodconirol
2.Commissionherbyfmdsd pojed-a,popo-d, se
Approved subjectto:
a r The following conditions which are necessary in accordance with theperfonnance standards set forth in the wetlands regulations.
This Commission orders that allwork shall be performed in accordance with the Notice of broad refereneed above,the following
Genre[Conditions,and arty otler special conditions mtachedto flus Order.To Ore o tem feuds,following conditions modify or
differ from the plans,specifications,or other proposals submitted with the Notice ofImM Nese conditions shall control.
Denied because:
b.r The proposed work cannot be conditioned to meet the performance standards set forflt in the wetland regula0ons.Therefore,
work on this project may not go forward unless and until anew Notice oflntem is submitted which provides measures which are
adequareto protect interests of die Act and a final Order of Conditions is issued.A description orthe performance standards
which the proposed work cannot meet is attached to this Order.
c.r The information submitted by the applicant is not sufficient 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 unit]a revised Notice of
Intent is submitted which provides sufficient information and includes measures which are adequate in protect the interests of the
Act,and a final Order of Conditions is issued Adescription of the specific information which is lacking and why it is
necessary is attached to this Order as per 310 CMR 10.05(6)(,).
3.r Buffer Zone Impacts:Shortesl distance between limit of project disturbance and the wetland resource
area specified in 3IOCMR10.02(l)(a). a linear feet
Inland Resource Area h porb.(FerAPpocah Ody):
Proposed Permitted Proposed Permitted
Resource Area Alteration Alteration Replacement Replacement
4. rBankk is is
Tr—mw" hfnear" cFutmfat dhorar6wt
5.r Bordering Vegemed Weiland 225 225 460 460
a squaw feet b.square feet c.square fat d.square feet
6. r Land under Watr+badica and Waterways
a Sgrmefeet haPme&d e.sgnarefeet dnimeliat
e.rlydn:dged fdydadgd
Page 2 of 10'ELECTRONIC COPY
Massachusetts Department of Environmental Protection Provided by MassDEP:
Bureau of Resource Protection-Wetlands MassDEP File#:242-1627
WPA Form 5-Order of Conditions eDEP Transactor,#:702290
U1
CiVrowaNORTH ANDOVER
Massachusetts Wetlands Protection Act M.G.L.c. 131,§40
7.r Bordering Land Subject to Flooding
a square feet b.square feet c.square fid d.square feet
Cubic Feet Flood Storage
e.cubic fee[ feWnc fen g.cubicfeet h.cubic feet
R r Iralrrd Laud Suhjea w Mantling
a ajnue feet kormia
C18icPedF7uudSaoage
Q cubic find d.sobeis aaiiefat EcAkfut
9.r Ru erfrom Area
a coal sq.feel b,total sq.feet
Sq Rwithm 100 It
Q square fee[ d.square fen e.square feet f square feet
Sq It between 100-200 ft
g.square fee[ h.square feet i.square feet j.square feet
C&A"BravraArs iapach;
Resource Area Proposed Permitted Proposed Permitted
Alteration Alteration Replacement Replacement
10.r Doigoaza l FW Arm Indicate sic under Land IJodathe ocean,below
11.r Land Under the Oem
a square feet b.square feet
c.dy dredged d rly dredged
12.rBarriaBawJrs Indicate size order Cousin]Beaches andlor Coastal Dunes bdow
13.r Coastal Beaches
a square feet b.square fen c.rl9 nourishment d dy nourishment
14.r CoablRoes
a apefxt hsquare fee[ a cly nourishment d.dynowidmria
15.r Coastal Bunks
a linearfeet b.linear feet
16.r Rodry haerddal Sham
a tQacfeN ha}re id
17.r Salt Marshes
a square feel b.square feet c.square feet d.square feet
ler fmdtlalwS APmds
a square fen b.square feet
a dyANgd d clyddg<d
19.C Land CmeeuungShellfish
Page 3 of 10*ELECTRONIC COPY
0 Massacbuwtts Deparf nmt of Eavimummtai protection Provided by MassDEP:
Bureau of Resource Protection-Wetlands MasDEP File 4:742-1627
WPA Form 5-Order of Conditions cDEP rmnsaction4:702290
Massachusetts Wetlands Protection Act M.G.L.c. 131,§40 City/fown:NORTH ANDOVER
a square feet b.square feet c.square feet d.square feet
bdirate ame under C=W Bunke,derd Back.Land Under We
2mr-mitaun Ocean,andlorivlaod Lad Under WBabadirs and Waterways,
above
c.cly thodgod d.dy dredged
21.r Land Subject to Coastal Storm Flowage
a.square feet b.square feet
22.
F Resteration/Enhancement(For Approvals Only)
If the project is for the purpose ofnescring or enhancing a wetland resource area in addition m the square footage that has been
entered in Section B.5e&d orB.17.c&d above,please entered the additional amount here.
a square feet ofBV W b.square feet ofSah Marsh
23-
7 Streams Crossing(s)
Ifthe project involves SUeam Crossings,please enter the nuaderofnew saeam crossings/number ofreplacement steam crossings.
anumberofnewsawmaoaings b.numberofreplacement scream crossings
C. General Conditions Under Massachusetts Wetlands Protection Act
The following conditions are only applicable to Approved projecu
1. Failiue to comply with all conditions stated herein and wirhall related stables and other regulatory measures,shall be deemed
cause to revoke or modify this Order.
2. The Order does not grant my 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 my other person ofthe necessity,ofcomplying with all other applicable federal,
state,or local statutes,ordinances,bylaws or mguldiore.
4. The work au0mrized hereunder shall be completed widdnthree years from the data ofdds Order unless either ofthe following
apply
a the work is a maintenance drudging project as provided for in the Act;or
It.the time for completion has been extended to a specified date mare than flume yeas,but less than five
years,from the date of issuance.Ifthis Order is intended to be valid for mom it=dace years,the
extension date and the special circumstances warranting the extended time period are set forth as a
specialeonditionintlds Order.
5. This Order may be extended by the issuing mahou y fm one oram periods ofup to there years each upon application to the
issuing authority at least 30 days prior0 the expiration data ofthe Order.
6. If Otis Order constiates an Amended Order of Conditions,this Amended Order of Conditions does not exceed the issuance
date ofthe original Final Order ofCondirions.
7. Any Sall used in connection with this project shell be clean fill.Any In stall contain no trash,refirs rubbish,ordebris,including
but not limited to lumber,bricks,plaster,why lath,paper,cardboard,pipe,fires,ashes,refrigerators,motor vehicles,or parts of
any ofthe foregoing.
8. This Order is not final until all administrative appeal periods front this Order have elapsed,or ifsuch an appeal has been taken,
until all proceedings before the Department have been completed
Page 4 of 10•ELECTRONIC COPY
Massachusetts Department of Environmental Protection Provided by MassDEP:
Bureau of Resource Protection- Wetlands MassFile#:742-1627
eDEPTa 4:702290
WPAForm5-Order ofConditions Cky/Iiro:NORTHANDOVERU1
Massachusetts Wetlands Protection Act M.G.L.c. 131,§40
9. No work shall be undertaken=fit the Order has became final and then has been recorded in she Registry of Deeds or the Land
Court far the district in which the land is located,within the chain ofti0eofthe affected property.In the case of recorded land,
the Final Order shall also be noted in the Regisay's(harder Index under the more of the owner oohs land upon which the
proposed work is in 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 ownaofthe land upon which the proposed work is done.The recording information shall be submitted
mthe Comm adorn Commission on the form d the end of this Order,which farm must be stamped by the Registry of Deeds,
prior to the commamcement of work.
10. A sign shall be displayed at the site not less then two square feet or mom it=thne square feet in size bearing the words,
"
Massachusetts Department of Environmental I'mtmGon"
[or'MassDEF"]
FdeNnmber:"242-1627"
11. Where the Department of Environmental Protection is requested to issue a Superseding Order,the Conservation Commission
shell be a party to all agency proceedings and beatings before Mass DEP.
12. Upon completion of the work described herein,the applicant shall submit a Request for Certificate of Compliance(WPA Form
8A)m the Conservation Commission
13. The work shall commons the plans and special conditions referenced in this order.
14. Any change to the plans identified in Condition#13 above shall require the appheont to inquire of the Conservation Commission
in writing whether the change is significant enough to require the filing of a new Notice of baeM.
15. The Aged or members of the Conservation Commission aid the Delarvnermt of Environmental protection shall have the right
enter and inspect the most subject to this Order A reasonable hours to evaluate compliance with the conditions stated in this
Order,and may require the submittal of any data deemed necessary,by the Consmaion Commission or Department for that
evaluation.
16. This Order of Conditions shall apply to my successor in interest or successor in control of the property subject to this Order and
many contractor or other person performing work conditioned by this Order.
17. Frio to the start ofwork,and if the project involves wok adjacent m a Bordering Vegetated Wetland,the boundary of the
wetlaW in the vicinity of the proposed work area shell be marked by wooden sakes or flagging Once in place,the wetland
boundary markers shall be maintained nmol a Certificate of Compliance bas been issued by the Conservation Commission.
18. All sedumandion barriers shall be maintained in good repair until all dismrMd areas have been fully stabilized with vegetarian or
other means.At an time shall sediments be deposited in awetlmd or water body.During construction,the applicant o his/her
designee shall'inspect the erosion controls on adaily basis and shall remove accondded sediments as needed The applicant
shall immediately consul any erosion problems Om occur 9the site andsha0 also immediately notify the Conionono n
Commission,which reserves the right In require additional erosion and/or damageprevedim controls it may deem necessary.
Sedimentation barriers shall serve as the limit of work unless another land of work line has been approved by this Order.
NOTICE OF STORMWATER CONTROL AND MAINTENANCE REQUIREMENTS
19. The work associated with this OMer(the'Project")is(1) r is net(2)r subject to the Massachusetts Stormwda Standards.
If the work is subject to summoner oner Stadards,den the project is subject wrhe following conditions;
a) All work,including site preparation,land disturbance,construction and redevelopment,shall be implemented in accordance
with the c awmetian period pollution prevention and erosion and sedimentation control plan and,if applicable,the
Smmmwderpollution Prevention Plan required by the National Polluted Discharge Elimination System Cohstra on General
Permit as required by Stonnwde'Standard 8.Construction period erosion,sedimentation and pollution control measures and
best management practices(BMPs)shall remain in place until the site is fully stabilized.
b) No sTormwder runoff may be discharged to the post-construction sromnwater BMPs unless and until a Registered
Professional EngimaprovidesaCenificatimdtl :i all construction pcnodBMPs have been removed or will be removed by
a data certain specified in the Certification For any construction period BMPs intended to be converted to postconstruction
operation for s[ormwater attenuation,recharge,a d/ortreatmed,the conversion is allowed by(he MassDEP Summoner
Handbook BMP specifications and that the BMP has been properly cleaned or prepared for post construction operation,
including removal of all conswction period sediment topped in m1dand outla control structures:a.as-built final conmo:tan
Page 5 of 10*ELECTRONIC COPY
Massachusetts Department of Environmental Proteetlou Provided by MassDEP:
Bureau of Resource Protection- Wetlands MassDEPFile#:242-1627
:DEP Thansa
WPA Form 5-Order of Conditions ORTH 7
Ciryl1'ownNORTH ANDOVERU1
Massachusetts Wetlands Protection Act M.G.L.a 131,§40
BMP plans are included,signed and stamped by alfegistaM Professional Engineer,cenifyingthe site isfitly stabilized;
any illicit disetmgesto the stonnwater management system have beenremoved,as per t he requirements of Sominvoter
Standard 10;iv.all post-cmdrachan stomrwater BMPs me installed in accordance with the plans(including all planing
plias)approved by the issuing authority,and have been inspected to ensure that they are not damaged and that they in in
proper working condition;v.any vegetation associated with post-couswetion BMPS is suitably established to withstand
erosion
c) The landowner is responsible for BMP maintenance until the issuing authority is notified that another party has legally asswned
mapoosibibtyfurBMP maintensom Prieto requesting a Certificate ofComplimue,orParfial Cedificate(£Compliance,the
responsible party(defined in General Condition 19(e))shall exam:and submit tone issvingmala riry an Operation and
Maintenance Compliance StatementCD&M Statement")for the Stonnwmer BMPs identifying the party responsible for
implementing the stortnwarorBMP Operation and Mainanm rte Plan("O&M Plan")mid certifying the following:i.)the O&M
Plan is complete and will be implemented upon receipt ofthe Ce ificate ofCcmpfimce,and I.)the future responsible parties
sball be notified in wrilmgoftheir ongoing legal responsibility to operate and maintain the sto mwmo management BMPs and
implement the Stomhwam,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 Stmtnwater Report and,if applicable,the Stormwater Pollution Prevention Plan
mpirdby die Noma]Pollutant Discharge Elimination System Marti-Sector General Permit
e) Unless and until another Party accepts responsibility,the landowner,a owner ofm y drainage easement,mamma
responsibility for ar idaming each BMP.To overcome this premmphon,the landowneofthe property must submit the
iouing adority a legally binding agreement Ofreaord,acceptable in the issuing authority,evidmmgmal another entity has
accepted responsibifity,for maintaining the RMP.and tm[ihe proposed responsible party shall be treated as apemhittee for
purposes of implementing the requirements of Conditions 19(f)through 19(k)with respect todhat BMP.Any failure of the
proposed responsible party to implement the requirements ofConditimhs 19(f)through 19(k)with respect to tat ENT shall
be aviolation ofthe Order ofCorditions in Certificate ofComptiance.In the case ofstormwmerBMPs that are serving more
than one lot,the legally binding agreement shall also identify die lots that will be serviced by the mormwarerBMPs Aplan and
easement deed der grants the responsible paty acreat to perform the required operation and maintenance most be submitted
along with the legally binding agreement
J) The responsible party shall operate and maintain all stomtwme BMPS in accordance with the design plans,the O&M Plan,
endue requirements ofthe Massachusetts So mwmer Handbook.
gt The responsible party shall:
1.Maintain an operation and maintenance log for the laid three(3)consecutive calender Years of fl spections,repairs,
maintenance mWor replacement ofthe smunwa[e management system or any partthaeof,and disposal(for disposal the
log shat indicate the type of material and the disposal location);
2.Make the maintenance log available to MassDEP and the Conservation Commission("Commission')upon mgwsg and
3.Allow members and agents ofthe MassDEP and the Commission toorder and inspect the site to evaluate and ensure
item the responsible party is in compliance with the requirements for each BMP established in the O&M Pin approved by
the isming authority.
h) All sediment or other commitments removed from stormwater BMPs shall be disposed of in accordance with all applicable
federal,state,and local laws and regulations.
0 Illicit discharges to the st(mhwate transparent system as defined in 310 CMR 10.04 a a prohibited.
J) The sunaware,management syaem approved in the Order ofCoMiturs shat not be changed without the prior written
approval ofthe iswing authority.
k) Areas designated as qualifying pervious aeasfor the purpose ofthe Low Impact Site Design Credit(as defined inti
MaMDEp Stormwmer Handbook Volume 3,Chapter 1,Low Impact Development Site Design Credits)shat not be altered
without the prior written approval ofthe caning
1) Access for mairrcrnance,repair,andlorreplacement ofBMPs shat not be withheld.Any fencing constructed around
mormwater BMPs shat include access gores and shall be m least sin inches above grade to allow for wildlife passage.
Page 6 of 10•ELECTRONIC COPY
L1Massachusetts Department of Environmental Protection Provided by MessDEP:
Bureau of Resource Protection- Wetlands MassDEP File#:242-1627
WPA Form 5-Order of Conditions eDEP Transection#:702290
Massachusetts Wetlands Protection Act M.G.L.c. 131,§40 C1tyTown:NORTHANDOVER
Special Conditions:
SEE ATTACHED
Page 7 of 10'ELECTRONIC COPY
Massachusetts Department of Enviranmaotal Protection Provided by MassDEP:
Bureau of Resource Protection-Wetlands Ivl ssDEPEPTm ,%cmm471627
702290
Ck
WPA Form 5-Order of Cooditioas Gty/ TmnssORIH:ANDO
Massachusetts Wetlands Protection Act M.G.L.C. 131,§40 City/I'ownNORTH ANDOVER
D. Findings Under Municipal Wetlands Bylaw or Ordinance
1. Is a municipal wetlands bylaw or ordinance applicable?r Yes t— No
2. The Conservation C mmisajhereby(check one that aooliesY
a r DEMES the proposed work which cannot be conditioned to
meet the standards set forth in a municipal ordinance or bylaw
specifically:
1.Municipal Ordinance a Bylaw 2.Citation
Therefore,work un this pmjcet may not go forward unless and until a revised Notice oflmem is submitted which provides
measure,which ore adequate meet these standards,and a fmal Order or Conditions is issued.Which are necessary to
compty with a municipal ordinance or bylaw:
b' r APPROVES the proposed work,subject to the following
additional conditions.
NORTH ANDOVER
1.Municipal Ordinance or Bylaw WETLANDS PROTECTION 2.Citation CHAPTER 178
BYLAW
3. The Commission orders that all work shall be performed in accordance with the following conditions and with the Notice of
Intent referenced above.To the extent that die following conditions modify ordiffer from the plans,specifications,or other
proposals submitted with the Notice ofintent,the conditions shall control.
The special conditions relating to municipal ordinance or bylaw are as follows:
SEE ATTACHED
Page 8 of 10•ELECTRONIC COPY
L1Massachusetts Department of Environmental Protection Provided by MassDEP:
Bureau of Resource Protection-Wetlands MassDEP File#:242-1627
WPA Form 5-Order of Conditions eDEP Transaction#:702290
Massachusetts Wetlands Protection Act M.G.L.c. 131,§40 ChylTown:NORTH ANDOVER
E. Signatures _ 9
This Order is valid for time years from the date of issuance,unless otherwise specified
pursuant to General Condition#4.If this is an Amended Order of Conditions,the Amended 1.Date of Original Order
Order expires on the same date as the origimal Order of Conditions.
Please indicate the mother of members who will sign this two.This Order ro=be signed by 2.Number f5igners
a majority of the Conservation Commission
The Order must be mailed by certified mail(reNm receipt requested)or hand delivered to the applicant A copy also must be marled
or hand delivered at the same time to the appropriate Department of Environmental Protection Regional Office,if not filing
electronically,and Ohe property owner,ifdiffermt from applicmd.
Signatures: /
r by hand delivery on Pty ratified mail,return receipt requested,on
/
Date Date
F. Appeals
The applicant the o ma,any person aggrieved by this Order,any owner of land abutting die land subject to this Order,or my ten
residents of the city or town in which such lend is located,are hereby notified of their right 0 request the appropriate MassDEP
Regional Office to issue a Superseding Order of Conditions.The request ro=be made by certified mail or hand delivery to the
Department,with the appropriate filingfee and a completed Request for Departmental Action Fee Transmittal Form,as provided in
310 CMR 10.03(7)within ten business days Goa the date of issuance of this Order.A copy of the request shall tithe same time be
sent by catifedmail or hand delivery to the Conservation Commission and to the applicam,if he/she is not the appellant
Any appellants seeking to appeal the Deperhnenfs Superseding Order associated with this appeal will be requited to demonstrate prior
participation in the review of it"project Previous participation in the permit proceeding means the submissim of written Information,to
the Conservation Commission prim to the close ofthe public hearing requesting a Superseding Order,orprovidingwritten informafim
to the Depstment print to issuance of a Superseding Order.
The request shell state clearly and concisely the objections in the Order which is being appealed and how the Order does not
contribute to the protection of the interests identified in the Massachusetts Wetlands Protection Ad(M.G.L.c.131,§40),and is
inconsistent with the wedids regulations(3 10 CMR 10.00).To the exterdtm the Order is based an a municipal ordvmnce or bylaw,
and not on the Massachusetts Wetlands Protection Act or regulations,the Deperhnart has no appellatejurwiliction.
Page 9 of 10•ELECTRONIC COPY
L1Massachusetts Department of Environmental Protection Provided by MassDEP:
Bureau of Resource Protection-Wetlands MassDEPFRe#242-1627
WPA Form 5 -Order of Conditions eDEP Transaction#:702290
Massachusetts Wetlands Protection Act M.G.L.c. 131,§40 City/fown:NORTH ANDOVER
G. Recording Information
This Order of Conditions must be recorded in the Registry of Deeds mthe Land Court for the district in which the land is located,
widdn the chain of tide of the affected property.N the case of recorded land the Fired Order sha0 also be noted in the Registry s
Grantor hides under the name of the owner of the land subject to the Order.In the case of registered land,this Order shall also be
noted on the Land CowtCenificate of Title of the owner of the land subject to the Order ofCoax ifions.The recording information on
this page shag be submitted to the Conservation Commission listed below.
NORTH ANDOVER
Conservation Commission
Detach on dotted line,have stamped by the Registry of Deeds and submit to the Conservation Commission.
..........................................................................................................................................................................................................
To:
NORTH ANDOVER
ConsavetionCanmissiw
Please be advised that the Order of Conditions for the Project 9:
GREAT POND ROAD LOTS 53 AND 54 242-1627
Project Location MessDEPFileNumber
Has been recorded at the Registry of Deeds of.
County Book Page
for
Property Owner THOMASZAHOURBCO
and has been noted in the chain ofade of the affected Property N:
Book Page
In accordance with the Order of Conditions issued on:
Data
Ifrecorded land,the iamumern number identifying this transaction is:
InswmemNumber
Ifregistard lard,the documemnumber identifying dus transection uc
Document Numbs
Signature of Applicant a...vonn.
Page 10 of 10"ELECTRONIC COPY
DEP PILE#242- 1627
Therefore,the North Andover Conservation Commission (hereafter the"NACU) 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 modifKor differ from the plans specifications or other
proposals submitted with the Notice of Intent,the conditions shall control.
GENERAL CONDITIONS
20. The proposed work includes: construction of a five-lot residential subdivision,
including a new 370-foot residential road with a cul-de-sac,five homes,the installation
of stormwater management infrastructure(for the entire subdivision including
individual house lots), a wetland crossing,underground utilities,and associated
clearing, grading and landscaping portions of which are within Bordering Vegetated
Wetland(BVD), Bank of an Intermittent Stream and the associated buffer zones.
Wetland replication is also proposed.
21.The work shall conform to the following(except as noted in the remainder of this
document where revisions may be required):
Applicant/Owner: Thomas Zahouriko
TKZ LLC
78 Great Pond Road
North Andover,MA 01845
Notice of Intent
Prepared by: Philip Christiansen
Christiansen&Sergi,hu. (CSI)
160 Summer Street
Haverhill, MA 01830
Received:September 23,2014
Revised Page 3 of Form 3: 11/18/14
Site Plans prepared by: Christiansen&Sergi,Inc.
Title: Definitive P.R.D.Subdivision Plan for
The Glade located in
North Andover, MASS
Sheets: 4 of 7 Site Grading Plan
5 of 7 Erosion&Sedimentation Control Plan
6 of 7 Construction Detail I
7 of 7 Construction Detail II
Last Revised: 11/11/14 and October 27,2014
Stamped by:Philip G. Christiansen,P.B.
242-1627,Gre a Pond Road-The Glade subdivision 1 NACC 1120/2014
DEP FILE #242-1627
Stormwater Management
Report prepared by: Christiansen&Sergi, Inc.
Titled: Stormwater Management Report for the Definitive
Subdivision Plan for"The Glade in North Andover,
Massachusetts
Last revised:October 24,2014
Stormwater Review: Lisa Eggleston
Eggleston Environmental
32 Old Framingham Road, Unit#29
Sudbury,MA 01776
Review letters dated:October 8 and November 11,2014;
Email of November 14,2014
Response letters from CSI dated:
October 27 and November 11, 2014
Operation&Maintenance
Plan prepared by: Christiansen&Sergi,Inc.
Title:The Glade Great Lake Lane, North Andover Mass.
Pollution Prevention and Operations and Maintenance
Plan Construction Phase
Date:September 19,2014 Last Revised: November 12,2014
Title:The Glade Great Lake Lane, North Andover Mass.
Pollution Prevention and Operations and Maintenance
Plan-Post Construction Phase
Date:September 19,2014 Revised November 12,2014
BMP Maintenance Plan for The Glade
Received: November 14,2014
Other Record Documents: Wetland Replication Report for The Glade,Great Pond
Road, North Andover, MA
Dated: October 2014
Prepared by: Norse Environmental Services,Inc.
92 Middlesex Road,Unit 4
Tyngsboro, MA 01879
Waiver Request Form
Dated: 10/8/14
Alternatives Analysis for Driveway Wetlands Crossing The
Glade (Access to Lot 3)
242-1627,Gmd Pond Road-The Glade subdivision 2 NACC 11/20/2014
DEP FILE#242- 1627
Supplemental Information for The Glades Subdivision
November 6,2014 (Stream Crossing Standards)
Letter From: Rachel Freed,Bureau of Resource Protection
(NERO)
Dated: November 13,2014
Re: §Water Quality Certification Requirements
Activities Requiring an Application
Minor Fill Project
22.The term"Applicant" as used in this Order of Conditions shall refer to the owner, any
successor in interest or successor in control of the property referenced in the Notice of
Intent, supporting documents and this Order of Conditions. The NACC shall be
notified in writing within 30 days of all transfers of title of any portion of property that
takes place prior to the issuance of a Certificate of Compliance.
23. The conditions of this decision shall apply to,and be binding upon,the applicant,
owner,its employees and all successors and assigns in interest or control. These
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.
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. The herein referenced letter from the Department of Environmental
Protection indicates the applicant must obtain a Water Quality Certification from
MassDEP or request a waiver and prepare a"Deed Restriction" Proof that this
requirement has been met should be provided to the NACC prior to the start of
construction.
242-1627,Groat Pond Road-The Glade subdivision 3 NACC 11/2012014
DEP FILE#242- 1627
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 thi
days (30) prior to the expiration date of the Order (Refer to Section 8.3 of the North
Andover Wetland Regulations).
29.The NACC reserves the right to amend this Order of Conditions after a legally
advertised public hearing if plans or circumstances are changed or if new conditions
or information so warrant.
30. Where the Department of Environmental Protection(DEP) is requested to make a
determination and to issue a Superseding Order, the Conservation Commission shall
be a party to all agency proceedings and hearings before the Department.
31. 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: Bordering
Vegetated Wetland,h-dand Bank associated with an Intermittent Stream and the
associated buffer zone. These resource areas are significant to the interests of the Act
and Town ByLaw as noted above and therein. The applicant has not attempted to
overcome the presumption of significance of these resource areas to the identified
interests.
33.The NACC agrees with the applicant's delineation of the wetland resource areas on
the site as shown on the plans dated referenced herein and approved in the ORAD
issued under DEP File #242-1625.
34. The NACC finds that the intensive use of the upland areas and buffer zone proposed
on this site will cause further alteration of the wetland resource areas. In order to
prevent any alteration of wetland resource areas a twenty five foot(25') No-
Disturbance Zone and a fifty foot(50') No-Construction Zone shall be established from
the edge of Bordering Vegetated Wetland (BV W) and Inland Bank except as approved
in the Waiver Request dated 10/8/14 and shown on the herein referenced plans. An
Alternatives Analysis was submitted for the Driveway Wetlands Crossing. The
Conservation Administrator and/or other agents of the NACC do not have the
authority to waive these setbacks as established under the local bylaw. No
disturbance of existing grade, soils or vegetation is permitted in the No-Disturbance
zone.
242-1627,Great Pond Road-The Glade subdivision 4 NACC 1120/2014
DEP FBLE#242-1627
35. The NACC finds the applicants proposal for replication of 460 s.f. of BV W as shown
on the herein referenced Plan,to be adequate mitigation for wetland impacts
associated with the wetland crossing. Wetland replication shall conform to the
Wetland Replication Report,Section 6.1 Wetland Replication of the Bylaw
Regulations,and the Massachusetts Inland Wetland Replication Guidelines.
36. Replaced wetlands shall be monitored on an ongoing basis by a qualified wetland
scientist and written reports shall be submitted to the Conservation Commission at
least twice each year (May and October unless otherwise required by the
Commission). If the conditions above (i.e.,75% surface cover) are not met within two
(2)growing seasons the applicant must propose and implement corrective steps to be
approved by the Commission or their designated Agent.These steps may include re-
grading, planting additional vegetation, seeding or other steps deemed necessary.
37. 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.
38.The owners of the project and their successors in title agree that the Order does not in
itself impose upon the Town any responsibility to maintain the proposed drainage
system and that said Town shall not be liable for any damage in the event of failure.
By acceptance of this Order,the owners agree to indemnify and hold harmless to the
Town and its residents for any damage attributable to alterations undertaken on this
property pursuant to the Order. Issuance of these Conditions does not in any way
imply or certify that the site or downstream areas will not be subject to flooding,storm
damage or any other form of water damage.
PRIOR TO CONSTRUCTION
39.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.
40.This Order shall be recorded by the applicant at the Registry of Deeds immediately
after the expiration of all appeal periods. No work shall be undertaken until the Final
Order has been recorded in the Registry of Deeds or the Land Court for the district in
which the land is located,within the chain of title of the affected property. In the case
of recorded land,the Final Order shall also be noted in the Registry's Grantor Index
under the name of the owner of the land upon which the proposed work is to be done.
In the case of registered land,the Final Order shall also be noted on the Land Court
Certificate of Title of the owner of the land upon which the proposed work is to be
242-1627,Great Pond Road-The Glade subdivision 5 NACC 11/20/2014
DEP FILE#242- 1627
done.The recording information shall be submitted to the North Andover
Conservation Commission on the form at the end of this Order prior to
commencement of the work. Any Order not recorded by the applicant before work
commences may be recorded by the NACC at the applicant's expense.
41. 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 242-1627."
42. 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.
43. 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.
44.Prior to any work commencing on-site,the applicant shall submit to the NACC for
approval,a detailed sequence of construction,including the installation of all
sedimentation/erosion control measures,clearing,grading,construction,replication
planting and all other site work through final stabilization.
45.Wetland flagging shall be checked prior to start of construction and shall be re-
established where missing. All wetland flagging shall remain visible and enumerated
per the approved plan(s) throughout the life of the project and until a Certificate of
Compliance is issued so that erosion control measures can be properly placed and
wetland impacts can be monitored. The proposed limit of work shall be shall be
clearly marked with erosion controls or temporary fencing and shall be confirmed by
the NACC. Such barriers shall be checked and replaced as necessary and shall be
maintained until all construction is complete. Workers should be informed that no use
of machinery, storage of machinery or materials, stockpiling of soil, or construction
activity is to occur beyond this line at any time.
46. Erosion control measures as detailed in the in the Pollution Prevention and Operations
and Maintenance Plan Construction Phase shall be placed between all construction
areas and wetlands. All silt socks will be made of biodegradable materials(no plastic
netting)and will be backed with trenched siltation fence on sloped areas including but
not limited to the area up-gradient of wetland flags Bll through B21. The erosion
control barriers and erosion control measures will be properly installed and placed as
shown on the plans approved and referenced herein and shall be inspected and
242-1627,Great Pond Road-The Glade subdivision 6 NACC 11/202014
DEP FILE 9 242- 1627
approved by the NACC or its agent prior to the start of construction and shall remain
intact until all disturbed areas have been permanently stabilized to prevent erosion.
All erosion prevention and sedimentation protection measures found necessary
during construction shall be implemented at the direction of the NACC or its agent.
The NACC reserves the right to impose additional conditions on portions of this
project to mitigate any impacts which could result from site erosion,or any noticeable
degradation of surface water quality discharging from the site. For example,
installation of erosion control measures may be required in areas not shown on the
plan(s) referenced in this Order of Conditions. Should such installation be required by
the NACC,they shall be installed within 48 hours of the Commissions request.
47. Erosion controls shall serve as the limits of clearing on all lots on which it is located.
The Conservation Department shall approve the erosion control location at the pre-
construction meeting.
48.The applicant shall have on hand at the start of any soil disturbance,removal or
stockpiling,a minimum of 30 hay bales and sufficient stakes for staking these bales or
equivalent length of silt sock. Said bales/sock shall be used only for the control of
emergency erosion problems and shall not be used for the normal control of erosion.
49. A check payable to the Town of North Andover shall be provided in the amount of
$35,000 which shall be in all respects satisfactory to Town Counsel,Town Treasurer,
and the NACC,and shall be posted with the North Andover Town Treasurer through
the NACC before commencement of work. Said deposit of money shall be
conditioned on the completion of all conditions hereof, shall be signed by a party or
parties satisfactory to the NACC,and Town Counsel,and shall be released after
completion of the project,provided that provisions,satisfactory to the NACC,have
been made for performance of any conditions which are of continuing nature. The
applicant may propose a monetary release schedule keyed to completion of specific
portions of the project for the NACC's review and approval. This condition is issued
under the authority of the local ByLaw.
50. The applicant shall be responsible for placing signs on each parcel,where there is
more than one (1)lot,designating the applicable lot number as depicted on the plans
approved and referenced herein.
51. The applicant shall designate a Wetland Scientist (or other environmental professional
as approved by the NACC or its agent)as an"Erosion Control Monitor` to oversee
any emergency placement of controls and regular inspection or replacement of
sedimentation control devices. The name and phone number of the erosion control
monitor must be provided to the NACC in the event that this person has to be
contacted,due to an emergency at the site,during any 24-hour period,including
weekends. Proof of the retained monitor must be submitted to the Conservation
Department on letterhead by the retained consulting firm. This person shall be given
the authority to stop construction for erosion control purposes. The Environmental
242-1627,Gaw Pond Road-The Glade subdivision 7 NACC 1120/2014
DEP FILE#242- 1627
Professional will immediately notify the Conservation agent of any matter that
requires attention by the Commission or the agent. The erosion control monitor will
be required to inspect all such devices and oversee cleaning and the proper disposal of
waste products. Cleaning shall include removal of any entrapped silt.
52. At least once during each week in which construction activities occurs on-site and for
as long thereafter as ground remains unstabilized,the applicant shall submit a written
report(with photos)from the"Erosion Control Monitor' to the NACC certifying that,
to the best of his/her knowledge and belief based on a careful site inspection, all work
is being performed in compliance with this Order of Conditions and that approved
setbacks are being adhered to. The erosion control monitor must visually inspect all
sedimentation/erosion control measures and assume responsibility for their
maintenance on a weekly basis and that they are functioning as intended. In addition,
all wetland resource areas must be visually inspected for siltation, turbidity,and/or
other water quality impacts. The Erosion Control Monitor shall be on site during
and/or following a major storm event of 1/2" inch of rain or greater (24 hour event) to
ensure that soils remain stable,and erosion controls are adequate and secure.
53. Prior to construction,the applicant shall permanently mark the edge of the"25' No-
Disturbance Zone" on all delineated wetlands(and the wetland replication area) with
signs or markers spaced evenly every 30 feet incorporating the following text:
"Protected Wetland Resource Area" and the associated roles (1 square for every 3
round markers).These markers will designate the sensitivity of the resource area and
assure no further inadvertent encroachment into the wetland. These permanent
markers are subject to review and approval by the NACC. The applicant shall instruct
all agents to explain these markers to buyers/lessees/landscapers and all persons
taking over the property from the applicant. These markers shall remain posted and
be replaced as necessary in perpetuity. Markers are available from the Conservation
Department($2 round and$3 square).
54. 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.
55.Once these above mentioned pre-construction requirements are complete,the
applicant shall contact the Conservation Office prior to site preparation or
construction and shall arrange an on-site conference with an NACC representative,the
contractor,the engineer,wetland scientist and the applicant to ensure that all of the
Conditions of this Order are understood. This Order shall be included in all
242-1627,Great Pond Road-The Glade subdivision 8 NACC 11202014
DEP FILE#242- 1627
construction contracts,subcontracts, and specifications dealing with the work
proposed and shall supersede any conflicting contract requirements. The applicant
shall assure that all contractors,subcontractors and other personnel performing the
permitted work are fully aware of the permit's terms and conditions. Thereafter,the
contractor will be held jointly liable for any violation of this Order of Conditions
resulting from failure to comply with its conditions. The applicant or contractor shall
notify the NACC in writing of the identity of the on-site construction supervisor hired
to coordinate construction and to ensure compliance with this Order. A reasonable
period of time shall be provided as notice of the pre-construction meeting(e.g. 72
hours).
STORMWATER MANAGEMENT CONDITIONS
56. All construction and post-construction stormwater management shall be conducted in
accordance with supporting documents submitted with the Notice of Intent,the
Department of Environmental Protection Stormwater Management Standards,and as
approved by the NACC in this Order of Conditions.
57.The NACC will be provided the opportunity to review the Stormwater Pollution
Prevention Plan(SWPPP)prior to filing the NOI and the start of work. A copy of the
approved SWPPP will be provided to the Conservation Department.
58. All stormwater best management practices shall be maintained as specified in the
Operations and Maintenance Plan Construction Phase/Post Construction Phase
(hereafter Pre or Post Construction O &M Plan)submitted with the Notice of Intent
and incorporated in the Order of Conditions. Evidence of maintenance of the
stormwater management system shall be provided to the NACC on an annual basis by
a Registered Professional Civil Engineer. The first report shall be submitted to the
NACC one year after the first stormwater structure goes on-line and annual reports
must continue to be submitted until a COC is obtained. Maintenance bills submitted
by cleaning contractors (catch basins, stormcepters,etc.)shall be submitted with
annual engineering reports. Following the issuance of a COC Stormwater
Management System Inspection Logs(see Table 1 Best Management Practice
Maintenance in the Post Construction O&M Plan)and/or proof of annual
maintenance activities for all stormwater structures and activities shall be maintained
for a prior 5 year period and shall be available upon request for review by the NACC
or its agent in perpetuity.
59. Prior to issuance of a Certificate of Compliance,the Applicant shall provide for the
long-term maintenance of the proposed stormwater infrastructure. Evidence of a long-
term maintenance agreement must be provided to the Conservation Department
either in the form of a Homeowner's Association Agreement, or other formal
documentation, such that the funding,access,and preventative maintenance of the
242-1627,Great Pond Road-The Glade subdivision 9 NACC 1120/2014
DEP FILE#242-1627
proposed stormwater infrastructure is assured for the entire subdivision(including
stormwater structures on individual lots within the subdivision)in perpetuity.
60. Temporary and/or permanent basins and swales being used for sedimentation and
dewatering during construction shall be cleaned of sediment when levels exceed six
(6)inches.The basins shall be cleaned of sediment prior to final grading and
construction of permanent stormwater structures.
61.There shall be no increase in the post development discharges from the storm drainage
system or any other changes in post development conditions that alter the post
development watershed boundaries as currently depicted in the Notice of Intent and
approved by this Order of Conditions,unless specifically approved in writing by the
Commission.
62.Water quality in down gradient BV W'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.
63.The applicants,homeowners,and their successors and assignees,shall maintain all
drainage structures,including bioretention areas,rain gardens,infiltration basins,
grassed swales, drainage channels and other elements of the drainage system,unless
put into an easement to the Town of North Andover, in order to avoid blockages and
siltation which might cause failure of the system and/or detrimental impacts to on-site
or off-site resource areas,and shall maintain the integrity of vegetative cover on the
site.
SUBDIVISION LOT DEVELOPMENT
64. The NACC shall be notified in writing of any lot line or number changes with a copy
of a plan showing these changes prior to any work on these lots.
DURING CONSTRUCTION
65. Upon beginning work,the applicant shall submit written monthly progress reports
detailing what work has been done in or near resource areas,and what work is
anticipated to be done over the next period. This will update the construction
sequence.
66. IMPORTANT: Immediately upon completion of the dwelling foundations within
jurisdiction of the NACC,and prior to further construction activities associated with
the site,the applicant shall complete a plan prepared by a Registered Professional
Land Surveyor of the Commonwealth(R.P.L.S.) which accurately depicts the
242-1627,Great Pond Road-The Glade subdivision 10 NACC 11/202014
DEP FILE#242- 1627
foundation location and its proximity to wetland resource areas as approved under
this Order of Conditions. Said plan shall be submitted to the Conservation
Administrator for approval. Failure to comply may result in a stop work order for the
site.
67.Crushed stone shalt be installed at the construction access for the project to minimize
sediment tracking onto Great Pond Road.This entrance shall be reinforced as
necessary. Paved areas shall be swept daily to remove sediment deposited by
construction vehicles accessing then site
68. De-watering activities are not proposed. No discharge of water is allowed directly
into an area subject to jurisdiction of the Wetlands Protection Act and/or the North
Andover Wetland Bylaw. If emergency de-watering requirements arise,the
applicant shall submit a contingency plan to the Commission for approval,which
provides for the pumped water to be contained in a settling basin,to reduce
turbidity prior to discharge into a resource area.
69. A 2-foot by 2-foot dry laid fieldstone wall shall be installed on Lots 2,3,4 and 5(east
side of wetland and north side of stream) up-gradient of the 25-foot No-Disturbance
Zone parallel to wetland flags B11 through B36 and on Lot 3 (south side of stream
parallel to flags CB-C14) at the 25-foot No-Disturbance Zone on either side of the
stream crossing.The 25-foot No-Disturbance Zone will be measured from the
replicated wetland in this area.
70. Any fill used in connection with this project shall be clean fill,containing no trash,
refuse,rubbish or debris,including but not limited to lumber,bricks,plaster,wire,
lath,paper,cardboard, pipe,tires,ashes, refrigerators,motor vehicles or parts on any
of the foregoing.
71. All exposed soil finish grade surfaces shall be immediately landscaped and stabilized,
or loamed,seeded and matted. All disturbed areas must be graded,loamed and
seeded prior to November 1st of each year.Outside of the growing season,exposed
soil finish grade surfaces shall be stabilized with jute matting or by other means
approved by the NACC until climate conditions allow for seeding. No exposed area
shall remain unfinished for more than thirty(30) days,unless approved by the NACC.
72. No re-grading in the buffer zone shall have a slope steeper than 2:1 (horizontal:
vertical). Slopes of steeper grade shall be rip-rapped to provide permanent
stabilization.
73. There shall be no stockpiling of soil or other materials within one hundred (100) feet of
any resource area.Stockpile areas are designated on Plan Sheet 4 of 7 Site Grading
Plan. Changes in stockpile location shall be approved by the Conservation
Department.
242-1627,Great Pond Road-1b.Glade subdivision I 1 NACC 11/202014
DEP FILE 9 242- 1627
74. Washings from concrete trucks,or surplus concrete, shall not be directed to,any
drainage system,or wetland resource area.Truck washing shall not occur within
jurisdictional areas unless the designated area and a plan for containment of sediment
are approved by the Conservation Department in advance.
75. All waste generated by, or associated with,the construction activity shall be contained
within the limit of work, and away from any wetland resource area. There shall be no
burying of spent construction materials or disposal of waste on the site by any other
means. The applicant shall maintain dumpsters (or other suitable means) at the site
for the storage and removal of such spent construction materials off-site. However,no
trash dumpsters will be allowed within 50' of areas subject to protection under the Act
or local ByLaw.
76. Accepted engineering and construction standards and procedures shall be followed in
the completion of the project.
77. 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
78. 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 Towns Wetland protection ByLaw.
79. Fertilizers utilized for landscaping and lawn care shall be slow release,low-nitrogen
types(<5%) and phosphorous free,and shall not be used within 25 feet of a resource
area. Pesticides and herbicides shall not be used within 100 feet of a wetland resource
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 Towns Wetland
Protection ByLaw and shall remain in perpetuity.
80. There shall be no dumping of leaves, grass clippings,brush, or other debris into a
wetland resource area or beyond the No-Disturbance Zone demarcated by the
constructed stone wall. This condition shall survive the issuance of a Certificate of
Compliance.
81. Upon completion of construction and grading,all disturbed areas located outside
resource areas shall be stabilized permanently against erosion. This shall be done by
242-1627,Graaf Pond Road-"Che Glade subdivision 12 NACC 11/202014
DEP FQ.E#242- 1627
loaming and seeding according to NRCS standards. Stabilization will be considered
complete once full vegetative cover has been achieved.
82. Upon approved site stabilization by Conservation staff,the erosion controls shall be
removed and properly disposed of off-site and all exposed un-vegetated areas shall be
seeded.
83. Upon completion of the project the applicant shall submit the following to the
Conservation Commission as part of a request for a Certificate of Compliance:
a. WPA Form 8A-"Request for a Certificate of Compliance."
b. A letter from the applicant requesting a Certificate of Compliance.
c. The name and address of the current landowner.
d. Signed statements from the individual property owners shall be submitted with
the request for a Certificate of Compliance indicating that they read and
understood the recorded Order of Conditions prior to purchasing their property.
e. The name and address of the individual/trust or corporation to whom the
compliance is to be granted.
f. The street address and assessors map/parcel number for the project.
g. The DEP file number.
h. A written statement from a Registered Professional Civil Engineer (and/or
Registered Professional Land Surveyor) of the Commonwealth certifying that the
work has been conducted as shown on the plan(s) and documents referenced
above,and as conditioned by the Commission.
i. An"As-Built" plan prepared and signed and stamped by a Registered Professional
Civil Engineer (and/or Registered Professional Land Surveyor) of the
Commonwealth,for the public record. This plan will include:
➢ "As-Built" post-development elevations of all drainage&stormwater
management structures constructed within 100 feet of any wetland resource
area. NOTE: If portions of the stormwater systems exist partially within the
Buffer Zone then the entire structure must be depicted to accurately verify
compliance.
➢ "As-Built" post-development elevations and grades of all filled or altered
wetland resource areas including the encompassing buffer zone which is
regulated as a resource area under the local Wetland Protection Bylaw.
➢ Distances from structures to wetland resource areas. Structures include (but
are not limited to)septic systems,additions,fences,sheds,stone walls,
pools,retaining walls,subsurface utilities and decks.
➢ A line showing the limit of work and the extent of existing erosion control
devices. "Work" includes any disturbance of soils or vegetation.
➢ Location of all subsurface utilities entering the property.
242-1627,Greet Pond Road-The Glade subdivision 13 NACC 11/102014
DEP FILE#242- 1627
84. 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#242-1627. Future work within 100' of
existing wetland resource areas will require a separate filing with the
NACC. The Conservation Administrator and/or other agents of the NACC
do not have the authority to waive these setbacks as established under the
local ByLaw;
➢ Resource Area Markers(Condition#53);
➢ Stortnwater Management System Maintenance (Condition#58 &59);
➢ Discharge or spillage of pollutants (Condition#77);
➢ Prohibition of underground fuels (Condition#78);
➢ Limitations on the use of fertilizers,herbicides,and pesticides (Conditions
#79);
➢ Prohibition of dumping of leaves, grass clippings, brush, or other debris
(Condition#80);
➢ "Pollution Prevention and Operations and Maintenance Plan-Post
Construction Phase",including BMP Maintenance Plan attached. No
additional filings will be required to conduct maintenance of the above
referenced system and plan.
242-1627,Gmd Pond Road-The Glade subdivision 14 NACC 11120/2014
DEP FILE#242- 1627
APPENDIX A-AFFIDAVIr
L on oath do hereby depose and state:
(authorized agent applicant and(orc u rent owner)
(PLEASE CNECKATLEAST ONE BLOCK)
1._ I am the of
(position with applicant) (applicant name or company came)
the applicant upon whom Order of Conditions
have been placed upon by (DEP orNACC number)
the North Andover Conservation Commission.
Br/or
2_ 1 a the of
(position with owner) (owner name)
the owner upon whose land Order of Conditions
have been placed up by (DEP or NACC number)
the North Andover Conservation Commission.
3. I hereby affirm and acknowledge that I have received said Order of Conditions
and have read the same and understand each
(DEP File#) and every condition which has been set forth
in said Order of Conditions.
4. I hereby affirm and acknowledge that on this day of 19_
I inspected said property together with any and all improvements which have
been made to the same and hereby certify that each and every condition set
forth in Order of Conditions are presently in compliance.
(DEP File#)
A
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 ander the pains and penalties of perjury this day of 19_.
(Signature-authorized agent of applicant ar owner)
242-1627,Creat Pond Road-The Glade subdivision 15 NACC 11/2012014
The Glade
Great Lake Lane,North Andover Mass.
Pollution Prevention and
Operations and Maintenance Plan- Post Construction Phase
Date: September 19,2014 Revised November 12,2014
OWNERSHIP AND RESPONSIBILITY
1.1 Stormwater Management System Owners,
The owners of the land(TZK,LLC ,and any successors)on which the stormwater
management systems are located shall be the owners of the systems. If and when
the Town of North Andover accepts the roadway, utilities, and open space parcel,
the town shall own the stormwater management system components that lie
within the roadway right-of-way and drainage easements.
1.2 Parties Responsible for Operation and Maintenance
If and when the Town of North Andover accepts the roadway and utilities,the
town or a Home Owners Association will be responsible for the operation and
maintenance of the stormwater management system components that lie within
the roadway right-of-way and drainage easements
STORMWATER MANAGEMENT CONTROLS
The purpose of this section is to identify the types of best management practices (BMPs)
1.3 Permanent Erosion Control Practices
A list of best management practices (BMPs)is included as Table 3;a number of
the BMPs listed have been developed to serve as post-construction storm water
controls.
Table I
BEST MANAGEMENT PRACTICE MAINTENANCE
5G6 TrPE MAITT@IANCB
Driveway ��
infaltretimay Lots 2,3,4,5 Petmaoent Inspect each spring and renmve surface debris
Rao serge IAb-2,3.4,5Permanent r Inspect eachsPr—deed remove surface debris
Fg-
ect units four(4)times per year and m the end of the foliage
andavowremovalseasons.
Stormcepmr All Permanentimem shall be removed whenever the depth ofsediment is
than or equal to 8 inches from the bovum of the invert of the
slpipe iv the basin. Removal should be of
with the
The Glade
Great Lake Lane,North Andover Mass. j
Pollution Prevention and
Operations and Maintenance Plan-Post Construction Phase
Date:September 19,2014 Revised November 12,2014
�F-F-1 use of vacuum wcic
Grnss Treatment �� Inspect two limes per year.In late fall and spring.Remove leaves
swabs P-I,P-S,P-6 Pem�avent and sediment
Drip Treach I Lot 1. -F m ent F Inspect once per year in Spring.Remove surface debris
Infiltration
ll APermanrnt -Inspect in ulnas ica chambers after every mstorm in stoin the first
Chambers �� fewmovths after construction to
inspect
ensure proper
erformireairsaand
function. Thereafter,inspect annually. Perform repairs as
necessary.
2.0 CERTMCATION OF COMPLIANCE WITH FEDERAL,STATE AND
LOCAL REGULATIONS
This Operation and Maintenance Plan reflects the storm water management requirements
of the Town of North Andover and the Commonwealth of Massachusetts,as well as the
requirements of the US EPA's National Pollutant Discharge Elimination System
(NPDES)permit. There are no other applicable State or Federal requirements for
sediment and erosion site plans(or permits)or storm water management site plans (or
permits).
3A INSPECTION AND MAINTENANCE OF STORMWATER
MANAGEMENT CONTROLS:
3.1 Post-Construction:
The following maintenance schedule for stormwater controls shall be established
in accordance with Table 1 of this plan.
3.1.1 Stormceptor
3.1.1.1 Inspect four(4) times per year and at the end of the foliage
and snow removal seasons.
3.1.1.2 Sediment shall be removed whenever the depth of sediment
is greater than or equal to S"from the bottom of the invert
of the lowest pipe in the basin. Removal should be
completed with a vacuum truck.
3.1.2 Treatment Swales
3.1.2.1 Remove sediment from treatment swales twice per yew.
3.1.2.2 After construction,the treatment swales shall be inspected
ammually,in the spring,for the failure or erosion of sideslope
embankments,and for accumulated sediment.Necessary sediment
removal,earth repair,and/or reseeding will be performed
immediately upon identification. Disposal of the accumulated
sediment must be in accordance with applicable local,state, and
federal guidelines and regulations.
The Glade
Great Lake Lane,North Andover Mass.
Pollution Prevention and
Operations and Maintenance Plan-Post Construction Phase
Date: September 19,2014 Revised November 12,2014
3.1.2.3The grass on the swale sideslopes should be mowed, and
grass clippings,organic matter,and accumulated trash and debris
removed,at least twice yearly during the growing season.
3.1.3 Infiltration Chambers
Infiltration Chambers should be inspected annually. The
inspection will entail viewing the bottom of the chambers
through the monitoring ports to determine if the units are
draining properly.Water should not be standing in the
chambers 72 hours after a storm.If standing water is noted
the North Andover Conservation Commission should be
notified.
3.1.4 Driveway Infiltration Trench
Remove sediment twice per year. Replace stone as
necessary
3.1.5 Snow Removal and Storage
All snow from impervious surfaces shall be plowed to
adjacent vegetated pervious surfaces to melt and recharge
into the ground or ran off into the stormwater system for
treatment. If snow piles on site become too large to
accommodate additional plowed snow they should be
removed from the site; snow shall never be plowed onto
adjacent properties or into adjacent resource areas.
3.1.6 De-Icing and Sanding
De-icing compounds shall be used sparingly and only in
areas required for the safety of the public. Sanding of the
driveways and walks should also be kept to a minimum;if
sanding is required the best management practices listed in
this plan should be inspected immediately after the winter
and,if needed,accumulated sediment from sanding shall be
removed.
3.2 Estimated Operations and Maintenance Budget
Any opinions of probable project cost or probable construction cost provided by
Christiansen& Sergi,Inc, are made on the basis of information available to
Christiansen&Sergi,Inc and on the basis of Christiansen&Sergi,Inc's
experience and qualifications,and represents its judgment as an experienced and
qualified professional engineer. However, since Christiansen&Sergi,Inc has no
control over the cost of labor,materials,equipment or services famished by
others, or over the contractor(s)methods of determining prices,or over
competitive bidding or market conditions,Christiansen&Sergi, Inc does not
• r
The Glade
Great Lake Lane,North Andover Mass.
Pollution Prevention and
Operations and Maintenance Plan -Post Contraction Phase
Date: September 19,2014 Revised November 12,2014
guarantee that proposals, bids or actual project or construction cost will not vary
from opinions of probable cost Christiansen&Sergi,Inc prepares.
3.2.1 Stormceptor(1 times/yr.)
3.2.1.1 Vac-truck—21ms @ $100/hr
3.2.1.2 Disposal-$500
Subtotal -$700/year
3.2.2 Treatment Swales(2 time/yr.)
3.2.2.1 Excavator-4hrs @ $100/hr
3.2.2.2 Disposal-$500
Subtotal-$1800/year
3.2.3 Roof Runoff Infiltration Trenches
3.2.3.1 Engineer 4 hr @ $150/hr. (1 dme/yr.)
Subtotal -$600
3.2.4 Driveway infiltration areas
3.2.4.1 Engineer 4 hr @ $150/hr. (i timetyr.)
Subtotal -$600
Total Annual Estimated Operating Budget: $3,700
4.0 ILLICIT DISCHARGES
Recording of this Instrument constitutes agreement by the Owner and Operator of
the facility that no stormwater discharges other than those outlined on this plan
are allowed for this site.
oaw TRENGI
MP.) 12'HDPE CULVERT /
UNDER DMEWAY
SW ATEMEM ��
SWgLE ITTP.)
MMx P
H1Y., I ) foto
� i
STORNCEPTOR I I Icu
FI WATER OUALf r
wM DEVICE
II ) INFILTRATION
m I �co TRENCH(TYP)
i ) RA
tcta TVP.I
INFILT(Typ.)TICN AREA
/ I
i 4n,
RIP-RAP LEVEL BMP MAINTENANCE PLAN
1 SPREADERSUBSURFACE FOR
4 TORMWTER THE GLADE
STOR NTION1
oERA LONA BMP MAINTENANCE PLAN
,p
INFILTRATION AREA LOCATED IN
SCALE:1'=dp
NORTH ANDOVER, MASS.
Ota &I&I
1. Name of Applicant: T kZ L.1 C
Address13 GAdi AK KA 1 Ayr,
Signature ofApplicant ,j)�� O
2.Name of Subdivision: TSA C-
3.
3. Location and Description of Property[include Assessor's Map&Lot and Zoning Dis}rict(s)]-
4 �S a,$y (Z3 ZONE reMirk (y
'7 S 3 D....,f D T—I t
TG,-15 PGRFc limbtt oe t wr.
N
O -1
4.Address of Property Being Affected:
y=G, rr*i
Zoning District:
Assessors: Map#: ct (o Lot# 53 + ,s 'am 3 �O
y � w
— � _ o 'n
Page� and
5. Deed Reference: Book 138 2 o n
Certificate of Title No. "'-
6. Name of Surveyor/Engineer:S� ia�-�ur�er1 w �nro j r>G
Q
Address: '!,D Suk%r% em Sitsm± �aye�k7,11 M4 018In
Easements and Restrictions of Record(Describe and Include Deed References)
r In ria- .N Nnu,N
7. Preliminary Plan Submitted? rE5 ; Plan Approved? ; Date: HsAetnY 9/11�y
Signature of Owner(s):
Address:_ t mA n�ftr
Received:Town of North Andover Town Clerk(date stamp):
Signature of Town Official Receiving this Application: ct.
Page 4 of 5
1600 Osgood Street,North Andover,Bldg.20,Suite 2-36 Planning Dept.,Massachusetts 01845
Phone 978.688.9535 Fox 978.688.9542 Web www.lownafoorthunlover.com
Edited 9/27/2010
E NOPTN
p 1y
a
h p
Y "o
Y n' 1
9SSACNa5E4
PLANNING DEPARTMENT
Community Development Division
Form B - APPLICATION FOR PRELIMINARY SUBDIVISION APPROVAL
DATE: S'i411y
(Stamp three(3)forms with the Town Clerk. File one (1)form with the Town Clerk and two (2)forms with the Planning
Department)
To the Planning Board:
The undersigned, being an applicant under Chapter 41,81-S, MGL, for approval of a proposed subdivision plan, hereby
submits a Preliminary Plan and makes application for approval to the North Andover Planning Board.
1. Name of Applicant:_ ?LLQ. _
Address. frog(
Signature of Applicant: �Aw��,.�/
2. Name of Subdivision:
3.Low i�a�nd�es r on Property IrQbdapssesspr's Map&Lot and Zoning Districts)
1 5.3
4.Address of Property Being Affected:
Zoning District: R,3
Assessors:Map#: Loth S' o-
5. Deed Reference: Book13k7Z— Page and
Certificate of Title No. I J
6. Name of Surveyor7Enginaer: STI r +1G.
Address: 160 St,
7. Signature of Owners
Address: f
Received:Town of North Andover Town Clark(date stamp):
Signature of Town Official receiving this application:
Form L
Page 2 of 3
1600 Osgood Street,North Andover,11dg.20,Suite 2-36 Planning Dept.,Massachusetts 01845
Phone 978.688.9535 Fax 978.688.9542 Web www.fownotnorfhandover.com
Edited 09/27/2010
SIGNATURE REQUEST FOR PLAN REFERRAL ACKNOWLEDGEMENT
Departmental referral Form L with signature of ant acknowledging receipt.
TO: Director, DPW
Town Engineer, DPW /
Water& Sewer Department,DPWA
Water Treatment Department
Fire Chief
Conservation Administrator nn /t
Inspector ofBuildin 7`rt. 6S RAIe
Health Administrato
School Department
Police Department
FROM: Applicant I KZ LL(,
Dale: 19112119
Re: Preliminary Plan
Definitive Subdivision
Modification to a Subdivision
Special Permit
Site Plan Review �/I1
Address of Development: �S r r&d P. j QneYr. N-AJ,," A
A Public Hearing has been scheduled for the following date: SP,�1'�P�r I(, 26 I
Please provide your written comments to the Planning Department by the following date: lo zo
f
Crhe Wednesday before the scheduled public hearing and/or schedulM Planning BOW meeting).
Failure to provide written comments by this date will constitute your approval of this plan.
Thank you.
Page 3 of 3
1600 Osgood Street,North Andover,Bldg.10,Suite 1-36 Planning Dept.,Massachusetts 01845
Phone 978.688.9535 Fax 978.688.9541 Web www.loWnofnorfhandover.com
Edited 09/17/1010
Massachusetts Department of Environmental Protection
Bureau of Resource Protection - Wetlands DEP File Number:
WPA Form 86 — Certificate of Compliance 577
za2-1
Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 242-1 tl 7 DEP
A. Project Information
Imporlant
when filling out 1. This Certificate of Compliance is issued to:
forms on the
computer,use TLD, LLC Go Thomas Zahoruiko
only the tab key Name
to mo.e your 78 Great Pond Road
cursor-do not
use the return Mailing Address
key ���� North Andover MA 01845
VAI City?own state Zip Code
k
m 2. This Certificate of Compliance is issued for work regulated by a final Order of
Conditions issued to:
TLD, LLC
Name
January 10 2013 242.1577
Dated DEP File Number
3. The project site is located at:
78 Great Pond Road North Andover
Street Atltlreas Cky?own
Map 96 Parcel
Assessors Map/Pie Number ParcebLot Number
the final Order of Condition was recorded at the Registry of Deeds for.
Properly Owner(rf different)
Essex North 13335 121
County Rook Page
Cerfifiwte
4. A site inspection was made in the presence of the applicant, or the applicant's agent,
on:
9/24/13
Date
•Wr mM.d.-- MUD WAFa e6,CMMW NCMPIarce.Patel 03
Massachusetts Department of Environmental Protection
Bureau of Resource Protection -Wetlands DEP File Number:
WPA Form 8B — Certificate of Compliance
Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 242-1577
Provided by DEP
B. Certification
Check all that apply:
® Complete Certification: It is hereby certified that the work regulated by the
above-referenced Order of Conditions has been satisfactorily completed.
❑ Partial Certification: It is hereby certified that only the following portions of work
regulated by the above-referenced Order of Conditions have been satisfactorily
completed.The project areas or work subject to this partial certification that have
been completed and are released from this Omer are:
❑ Invalid Order of Conditions: It is hereby certified that the work regulated by the
above-referenced Order of Conditions never commenced. The Order of
Conditions has lapsed and is therefore no longer valid. No future work subject to
regulation under the Wetlands Protection Act may commence without filing a new
Notice of Intent and receiving a new Order of Conditions.
® Ongoing Conditions:The following conditions of the Order shall continue:
(Include any conditions contained in the Final Order, such as maintenance or
monitoring, that should continue for a longer period).
Condition Numbers:
72
C. Authorization
Issued by:
North Andover 91ayo 112
Conservation Commission Dam ofissuance
This Certificate must be signed by a majority of the Conservation Commission and a
copy sent to the applicant and appropriate DEP Regional Office (See
http://www.maw.gov/de /about/re ion/find our.htm .
Signatures:
aTMnm.1�.m'1P/!9� MAFmm BB,Cet WdCwnpJ,arc .P,.2M3
Massachusetts Department of Environmental Protection
Bureau of Resource Protection -Wetlands DEP File Number:
WPA Form 8B — Certificate of Compliance 242-1577
Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 PMvided by DEP
D. Recording Confirmation
The applicant is responsible for ensuring that this Certificate of Compliance is recorded in
the Registry of Deeds or the Land Court for the district in which the land is located.
Detach on dotted line and submit to the Conservation Commission.
fix------
.-._._.-----
.__.---
._._.---------_._._._._.-.-------1-.--------------------------------- ------
North
._._.North Andover
Conservation Commission
Please be advised that the Certificate of Compliance for the project at:
78 Great Pond Road 242.1577
Project Location DEP File Number
Has been recorded at the Registry of Deeds of:
Essex North
County
for:
Property Owner
and has been noted in the chain of title of the affected property on:
Date Book Page
If recorded land, the instrument number which identifies this transaction is:
If registered land, the document number which identifies this transaction is:
Document Number
Signature of Applicant
WPA F-r BB,ceniM1wlaM Compliaxe•Page 3 a3
y0r1T1r Q
t� RECEIVED
' TM' j 1--"K'S nFFIC-.
2013 MAR 18 AM 9: 13
PLANNING DEPARTMENT NORTH
Community Development Division HASS; '
Form A — Application for APPROVAL NOT REQUIRED
DATE:
Bring three application forms to the Town Clerk's office to time stamp. Leave one application with the Town Clerk and
bring two applications to the Planning Department.
The undersigned, believing that the accompanying plan of property in the Town of Nath Andover, Massachusetts,does
not constitute a subdivision within the meaning of the Subdivision Control Law, herewith submits said plan for a
determination and endorsement that the Planning Board approval under the Subdivision Control Law is not required.
1. Name Of Applicant: I t,.D u- G
Address: 1 1 S C"r TIF LX L A ) vJQ\rtr M4 n I8y S'
2. Location and Descrlptlon of property ilnctude Assessor's Map and Lot and Zoning District(s)]:
-7RwR0 f a,SA DR ..
mAe 6 4 L
0.2 z od1N6 Z15 MILT
3. geed Reference. Book f 333f3 Page Z'L
or Certificate of Title: ---
4. Name of Surveyor: v i ,a t_L
Address: 7z h& _+ \ f nx4bra tri A
Signature of Owner♦sl: �/J __
Address: t1Crk i�k,�r mA n Irys-
Page I of 2
1600 Osgood Street,North Andover,BIdg.20,Suite 2-36 Planning Dept.,Massachusetts 01845
Phone 978.688.9535 Fax 978.688.9542 Web www townofnorthandover com
Edited 8/l/07
' PLAN OF LAND l�
N. ANDOVER, LlASSAC&056TTR
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lN[MRPOSE Ci THIS PWI IS TO C WY PARLFL A
GREAT POND ROAD MW LOT z TO LOT R TO BRING THE EnsnNG FWNOAnW FM
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SE�BA REWIRWM TS FOR T IS ZONING OISTNICT.
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TIE PURPOSE CF 1X15 GRI IXI PARCEL A
GREAT POND ROAD FRS TO B LDA 0 TO LOO B TO BRING WEEEYJSTNC F N F
pB fFEgi PSD ROAD INTO CSWANCE MIW TIEE MINI.MINIMBU
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RECEIVED
T01 1'
b,, ,,, •� 2013 MAR IS AM 9: 13
,'T'TACXU9E4
PLANNING DEPARTMENT NVUH
Community Development Division MAS5;`.0
Form A - Application for APPROVAL NOT REQUIRED
DATE:
Bring three application forms to the Town Clerk's office to time stamp. Leave one application with the Town Clerk and
bring two applications to the Planning Department.
The undersigned, believing that the accompanying plan of property in the Town of North Andover, Massachusetts, does
not constitute a subdivision within the meaning of the Subdivision Control Law, herewith submits said plan for a
determination and endorsement that the Planning Board approval under the Subdivision Control Law is not required.
1. Name Of Applicant: T L.D L1- ('
Address: 1I S Ca Azr•FTs lS K[J W AtAc ir, bA 4 pI 8y S
2. Location and Descdpi1io7
of/P�r(o�perly�ndude Assessor's Mop and Lot and Zoning Dist
illMAP ct6 PARCFL LI
R2 Z 0140N6 415 MICT
3. Deed Reference. Book_ 13338 Page 211?-
or
4Zor Certificate of Title:
4. Name of Surveyor: S ( w i nm LLG
Address: z2 nnasm.} \ , LMA
,MA
Signature of Owner(s):
Address. i/s Grl-er ' � it.Ai n.rI� „A 6
Page I of 2
1600 Osgood Street,North Andover,Bldg.20,Suite 2-36 Planning Dept.,Massachusetts 01845
Phone 978.688.9535 Fax 978.688.9542 Web www.townofnorthandover.com
Edited 8/1/07
Ot HOXT:1M
of oL RECEIVED
` " ` '• 2013 MAR 18 AM 9: 13
PLANNING DEPARTMENT
Community Development Division
Form A — Application for APPROVAL NOT REQUIRED
DATE:
Bring three application forms to the Town Clerk's office to time stamp. Leave one application with the Town Clerk and
bring two applications to the Planning Department.
The undersigned,believing that the accompanying plan of property in the Town of North Andover, Massachusetts, does
not constitute a subdivision within the meaning of the Subdhdsion Control Law, herewith submits said plan for a
determination and endorsement that the Planning Board approval under the Subdivision Control Law is not required.
1. Name Of Applicant: T l-D L- - G
Address: (1S CosJP J N.hdacr,rAA 4 nI8yS
2. Location and Oescdpolon of(P�rfolperty Linclude Assessor's Map and Lot and Zoning Districts)]:
-1£S C - P4t,.V ttncvU
N&AP 96 AA2rF1 L4
Kz zodlnN 015 TAxacT
3. Deed Reference: Book 13338 Page 292
or Certificate of Title: —
4. Name of Surveyor: l v i ro L'G
Address r Jt
Signature of Ownegs): n�u
Address: IIS gjiu, = r� mA t1ITYS-
Page 1 of 2
1600 Osgood Street,North Andover,Bldg.20,Suite 2-36 Planning Dept.,Massachusetts 01845
Phone 978.688.9535 Fox 978.688.9542 Web www.townofoorthundover.com
Edited 8/1/07