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HomeMy WebLinkAboutMiscellaneous - 316 GREAT POND ROAD (2) I - 1.O; ar�ly o LE lx OFFICE Town of North Andover p814 DEC 23 PM 12 35 Office of the Planning Department Community Development and Services Division TOL.-HOF 1600 Osgood Street NORTH ANDOVER s"N0' North Andover,Massachusetts 01845 MASSACHUSETTS NOTICE OF DECISION WATERSHED SPECIAL PERMIT MODIFICATION Any appeal shall be filed within (20) days after the date of filing this notice in the office of the Town Clerk. Date: December 16, 2014 Date of Hearings: December 2,2014; December 16,2014 Date of Decision: December 16,2014 Petition of- Bill Karras 316 Great Pond Road North Andover,MA 01845 Premises Affected: 316 Great Pond Road North Andover,MA 01845 Assessor's Map 37A,Parcel 53 Referring to the above petition for a Watershed Special Permit from the requirements of the North Andover Zoning Bylaw,Sections 4.136.3.c.ii.6& 10.3. So as to modify the previously approved Watershed Special Permit, dated May 6, 2014, to allow the installation of a patio area and play area instead of the originally approved inground swimming pool, and allow associated landscaping, grading, and retaining walls as shown on the revised plans included as part of this decision, within 100 feet of a wetland in the Non-Disturbance Zone of the Watershed Protection District. After a public hearing given on the above date, and upon a motion by David Kellogg, seconded by Lora McSherry to APPROVE the Watershed Special Permit modification as amended and based upon the following conditions. Vote was unanimous in FAVOR of the application On behalf of the North Andov r lanning Board John Simons,Chair David Kellogg Michael Colantom Lora McSherry Lynne Rudnicki Peter Boynton,Associate Watershed Special Permit Modification 316 Great Pond Road The Planning Board herein APPROVES/DENIES the Watershed Special Permit Modification to amend the existing permit to allow the installation of a patio area and play area instead of the originally approved inground swimming pool,and allow associated landscaping, grading,and retaining walls as shown on the revised plans included as part of this decision. The application was filed with the Planning Board on November 20, 2014. The public hearing on the above referenced application was opened on December 2, 2014,and closed on December 16,2014. The Planning Board makes the following findings as required by the North Andover Zoning Bylaw, Section 4.135, Watershed Protection District, and North Andover Zoning Bylaw, Section 10.3. FINDINGS OF FACT: l) The Applicant is appearing before the Planning Board with the modification request as a result of grading and construction activities that were inconsistent with the Watershed Special Permit that was approved on April 15,2014.These activities consisted of extensive grading work across the property line and into the abutter's property, installation of an unauthorized retaining wall,and substantial deviations from the approved plan. 2) All findings and conditions included in the original Notice of Decision issued May 6, 2014, except as specifically modified in this Special Permit Modification,remain in full effect. 3) That as a result of the proposed construction in conjunction with other uses nearby,there will not be any significant degradation of the quality or quantity of water in or entering Lake Cochichewick. The project is located within an extremely environmental sensitive area and in close proximity to Lake Cochichewick. The final design reflects extensive discussions between the Town and applicant to ensure the continued protection of Lake Cochichewick and the safety and welfare of the residents of North Andover. 4) The modification proposal has been reviewed by Town Staff, and the Conservation Commission has reviewed and authorized modifications as shown in the plan. The site drainage system and stonnwater management design are designed in accordance with the Town Bylaw requirements and Best Engineering and Management Practices. The original plan was reviewed by the outside consulting engineer,Eggleston Environmental.The following are findings related to stormwater: i) The new project will create less impervious area than the originally approved project. ii) The patio will be constructed using pavers with spaces to allow water flow. iii) On approval of this modification, construction of a pool is no longer authorized under this special permit. Since installation of a pool is no longer authorized, maintenance documentation for the pool is no longer required. iv) The limit of work has been marked on the plan to be as close to the proposed construction as possible.No new lawn areas will be created. v) Fertilizers are limited to those which are either organic or slow-release nitrogen and phosphorous-free. The use of pavement sealants is prohibited. These restrictions will be noted on the deed. 5) The existing lot complies with the current Zoning Bylaw with regard to frontage and acreage. The lot was created before 1994 and is not subject to the Conservation Zone, as described in section 4.136.2. Table 1. 2 Watershed Special Permit Modification 316 Great Pond Road 6) The existing structure is connected to the Town sewer and water systems. 7) There is no reasonable alternative location outside the General, Non-Disturbance, and the Non- Discharge Zones for any discharge,structure or activity. 8) The specific site is an appropriate location for the proposed use as all feasible storm water and erosion controls have been placed on the site. 9) The use will not adversely affect the neighborhood is the lot is located in a Residential 1 Zoning District. 10) There will be no nuisance or serious hazard to vehicles or pedestrians. 11)Adequate and appropriate facilities are provided for the proper operation of the proposed use. 12) The Planning Board also makes a specific finding that the use is in harmony with the general purpose and intent of the North Andover Zoning Bylaw. Upon reaching the above findings,the Planning Board approves this Special Permit based upon the following SPECIAL CONDITIONS: 1)Permit Definitions: a) The"Locus"refers to the 54,962 sq. ft.parcel of land with frontage on Great Pond Road as shown on Assessors Map 37A,Parcel 53,and also known as 316 Great Pond Road,North Andover,Massachusetts. b) The"Plans"refer to the plans prepared by Sullivan Engineering Group LLC,entitled"Site Development Plan located in North Andover Massachusetts" c) The"Project'or"316 Great Pond Road'refers to installation of a play area,patio, fence,shed, landscaping,and associated grading and utilities within 100 feet of a bordering vegetated wetland in the Non-Disturbance Zone of the Watershed Protection District d) The"Applicant'refers to Bill Karras,the applicant for the Watershed Special Permit. e) The"Project Owner"refers to the person or entity holding the fee interest to the title to the Locus from time to time,which can include but is not limited to the applicant,developer,and owner. 2) The Town Planner shall approve any changes made to these plans. Any changes deemed substantial by the Town Planner would require a public hearing and modification by the Planning Board. 3) Prior to the endorsement of the Plan a) The applicant shall incorporate the following conditions as a deed restriction and a copy of the recorded deed shall be submitted to the Town Planner and included in the file. i) Fertilizers are limited to those which are either organic or slow-release nitrogen and phosphorous-free. ii) The use of pavement sealants is prohibited. b) The applicant will provide copies of all Decisions, Notification and Orders of Conditions from the North Andover Conservation Commission. 4) Prior to the start of construction or the issuance of a building permit: i Watershed Special Permit Modification 316 Great Pond Road a) A performance guarantee bond of four thousand dollars ($4,000.00) made out to the Town of North Andover must be posted to insure that the construction, erosion control, measures, and performance of any other condition contained herein will take place in accordance with the plans and the conditions of this decision and to ensure that the as-built plans will be submitted. b) The applicant shall designate an independent Environmental Monitor who shall be chosen in consultation with the Planning Department and Conservation Department staff. The Monitor shall submit weekly reports during the entire duration of the project and must be available upon four (4) hour notice to inspect the site with the Planning Board staff. The Planning Staff may reduce the frequency of reports upon review of such a request from the applicant. c) All erosion control measures as shown on the plan must be in place and reviewed by the Town Planner and Conservation Department. d) A pre-construction meeting must be held with the developer,their construction employees, Planning Department and Conservation Department(and other applicable departments)to discuss scheduling of inspections to be conducted on the project and the construction schedule. e) No new landscape or lawn areas are to be created. Fertilizers are limited to those which are either organic or slow-release nitrogen and phosphorous-free. 5) Prior to release of the Performance Bond: a) The applicant shall submit an as-built plan stamped by a Registered Professional Engineer in Massachusetts that shows all construction, including storm water mitigation trenches and other pertinent site features. This as-built plan shall be submitted to the Town Planner for approval and must be provided in paper form as well as in SDF (Standard Digital File) format. The applicant must also submit a letter from the architect and engineer of the project stating that the installation and site layout substantially comply with the plans referenced at the end of this decision as endorsed by the Planning Board.This as-built plan shall be submitted to the Town Planner for approval. b) The Planning Board must by a majority vote make a finding that the site is in conformance with the approved plan. 6) No open burning shall be done except as is permitted during burning season under the Fire Department regulations. 7) The Contractor shall contact Dig Safe at least 72 hours prior to commencing excavation. 8) The provisions of this conditional approval shall apply to and be binding upon the applicant, its employees and all successors and assigns in interest or control. 9) This Special Permit approval shall be deemed to have lapsed May 6, 2016 (two years from the original date of issuance) exclusive of the time required to pursue or await determination of any appeals, unless substantial use or construction has commenced within said two-year period. Substantial use or construction will be determined by a majority vote of the Planning Board. 10)This decision must be filed with the North Essex Registry of Deeds. The following information is included as part of this decision: 4 Watershed Special Permit Modification 316 Great Pond Road Plan titled: "Proposed Site Development Plan located in North Andover,Massachusetts" Prepared for: Bill Karas 316 Great Pond Road North Andover,MA 01945 Prepared by: Sullivan Engineering Group,LLC 22 Mount Vernon Road Boxford,Ma 01921 Scale: 1f1=20' Date: March 5,2014,revised November,2014 Sheets: 1 OC: Director of Public Works Building Inspector Conservation Administrator Planning Board Police Chief Fire Chief Applicant Engineer File 5 Town of North Andover Office of the Planning Department : '•''• Community Development and Services Division 1600 Osgood Street North Andover,Massachusetts 01845 . NOTICE OF DECISION Any appeal shall be Sled within(20)days after the date of filing this notice in the office of the Town Clerk. Date: May 6,2014 Date of Hearings: April 15,2014 Date of Decision: May 6,2014 Petition of: Bill Karras,316 Great Pond Road,North Andover,MA 01845 Premises Affected: 316 Great Pond Road,North Andover,Massachusetts,01845. Assessor's Map 37A,Parcel 53 and located in the Residential I Zoning District. Referring to the above petition for a Watershed Special Permit from the requirements of the North Andover Zoning Bylaw,Sections 4.136.3.c.u.6&10.3. So as to allow the installation of an inground swimming pool, patio, shed, fence, landscaping and associated grading and utilities within 100 feet of a wetland in the Non-Disturbance Zone of the Watershed Protection District. After a public hearing given on the above date, and upon a motion by D. Kellogg and 2' by R.Rmen to APPROVE the Watershed Special Permit as amended and based upon the following conditions. Vote was 5-0 in favor of the application. , o Planning Board' ' John Simons Richard Rowen Michael Colantoni Lom Mesherry Dave Kellogg 316 Great Pond Road Map 37A Lot 53 Watershed Special Permit—Construction of Inground Pool&Patio May 6,2014 The public hearing on the above referenced application was opened on April 15,2014 closed by the North Andover Planning Board on May 6,2014. On May 6,2014,upon a motion made by D.Kellogg and seconded by R.Rowen to GRANT a Watershed Special Permit so as to allow the installation of an inground swimming pool, patio, shed, fence, landscaping and associated grading and utilities within 100 feet of a wetland in the Non-Disturbance Zone of the Watershed Protection District under the requirements of Section 4.136.3.c.ii.6 & 10.3 of the North Andover Zoning Bylaw. This Special Permit was requested by Bill Kanas, 316 Great Pond Road, North Andover, MA 01845 on March 12, 2014. The applicant submitted a complete application, which was noticed and reviewed in accordance with Section 10.52 of the Town of North Andover Zoning Bylaw and MGL Chapter 40A, Section 9. The motion to approve was subject to the FINDINGS OF FACTS and SPECIAL CONDITIONS set forth in this decision. The Planning Board vote was unanimous. A special permit issued by the special permit granting authority requires a vote of at least four members of a five-member board. The applicant is hereby notified that should the applicant disagree with this decision, the applicant has the right, under MGL Chapter 40A, Section 17, to appeal this decision within twenty days after the date this decision has been filed with the Town Clerk. In accordance with 4.136 the Planning Board makes the finding that the intent of the Bylaw, its well as its specific criteria are met. This decision specifically stated by the Planning Board makes the following FINDINGS OF FACT: 1) That as a result of the proposed construction in conjunction with other uses nearby,there will not be any significant degradation of the quality or quantity of water in or entering Lake Cochichewick. The project is located within an extremely enviromnental sensitive area and in close proximity to Lake Cochichewick.The final design reflects extensive discussions between the Town and applicant to ensure the continued protection of Lake Cochichewick and the safety and welfare of the residents of North Andover. a) The construction has been reviewed by Town Staff and the Town's consulting engineer, Lisa Eggleston,and with the application of the erosion control measures and modifications to the drainage and stonnwater management designs, the consultant concluded that there will not be significant degradation to the quality or quantity of water in or entering Lake Cochichewick. The site drainage system and stormwater management design are designed in accordance with the Town Bylaw requirements and Best Engineering and Management Practices. The plan has been reviewed by the outside consulting engineer, Lisa Eggleston, as evidenced email correspondences dated April 8, 2014 and April 16, 2014. Further, adequate safeguards have been provided to mitigate pollutants from entering Lake Cochichewick through the installation/implementation of the following Best Management Practices relative to an inground pool and patio: i) The new project will create approximately 1,038 sq. ft. of new impervious area that will include the pool and the pool deck. All stormwater runoff will be routed to a 2' by 2' infiltration trench on the southeastern side of the pool and the pool patio and the trench has the capacity to store and infiltrate all stormwater runoff. ii) The patio will be constructed using pavers with spaces to allow water flow. iii) Best Management Practices(BMP)will be followed with regard to maintenance of the pool, as stated in the document titled`Swimming Pool Maintenance Requirements"dated April 24, 2014, provided by Sullivan Engineering Group LLC. These BMPs includes maintenance of 2 •316 Great Pond Road Map 37A Lot 53 Watershed Special Permit—Construction of Inground Pool&Patio May 6,2014 the infiltration trench, proper storage of chemicals and pool draindown procedures.. Discharge of pool water into the town's stormwater management is strictly forbidden. The "Best Management Practice"document referenced here will be noted in the deed. iv) The limit of work has been marked on the plan to be as close to the proposed construction as possible.No new lawn areas will be created. v) Fertilizers are limited to those which are either organic or slow-release nitrogen and phosphorous-free. The use of pavement sealants is prohibited. These restrictions will be noted on the deed. b) The existing lot complies with the current Zoning Bylaw with regard to frontage and acreage. The lot was created before 1994 and is not subject to the Conservation Zone, as described in section 4.136.2.Table 1. c) The existing structure is connected to the Town sewer and water systems. 2) There is no reasonable alternative location outside the General, Non-Disturbance, and the Non- Discharge Zones for any discharge,structure or activity. 3) In addition, in accordance with Section 10.31 of the North Andover Zoning Bylaw, the Planning Board makes the following FINDINGS OF FACT: a) The specific site is an appropriate location for the proposed use as all feasible storm water and erosion controls have been placed on the site; b) The use will not adversely affect the neighborhood as the lot is located in a Residential 1 Zoning District; c) There will be no nuisance or serious hazard to vehicles or pedestrians; d) Adequate and appropriate facilities are provided for the proper operation of the proposed use; e) The Planning Board also makes a specific finding that the use is in harmony with the general purpose and intent of the North Andover Zoning Bylaw. Upon reaching the above findings,the Planning Board approves this Special Permit based upon the following SPECIAL CONDITIONS: 1)Permit Definitions: a) The"Locus"refers to the 54,962 sq.ft.parcel of land with frontage on Great Pond Road as shown on Assessors Map 37A,Parcel 53,and also known as 316 Great Pond Road,North Andover,Massachusetts. b) The"Plans"refer to the plans prepared by Sullivan Engineering Group LLC,entitled"Site Development Plan located in North Andover Massachusetts" c) The"Project"or"316 Great Pond Road"refers to installation of an inground swimming pool, patio,fence, shed, landscaping,and associated grading and utilities within 100 feet of a bordering vegetated wetland in the Non-Disturbance Zone of the Watershed Protection District d) The"Applicant"refers to Bill Karras,the applicant for the Watershed Special Permit. e) The`Project Owner"refers to the person or entity holding the fee interest to the title to the Locus from time to time,which can include but is not limited to the applicant,developer,and owner. 3 •316 Great Pond Road Map 37A Lot 53 Watershed Special Permit—Construction of Ingrouad Pool&Patio May 6,2014 2) The Town Planner shall approve any changes made to these plans. Any changes deemed substantial by the Town Planner would require a public hearing and modification by the Planning Board. 3) Prior to the endorsement of the Plan a) The applicant shall incorporate the following conditions as a deed restriction and a copy of the recorded deed shall be submitted to the Town Planner and included in the file. i) Fertilizers are limited to those which are either organic or slow-release nitrogen and phosphorous-free. u) The use of pavement sealants is prohibited. iii) Discharge of pool water into the town's stormwater management is strictly forbidden. The "Best Management Practice" document titled "Swimming Pool Maintenance Requirements" and dated April 24,2014 referenced here will be noted in the deed. b) The applicant will provide copies of all Decisions, Notification and Orders of Conditions from the North Andover Conservation Commission. 4) Prior to the start of construction or the issuance of a Wiling permit: a) A performance guarantee bond of four thousand dollars ($4,000.00) made out to the Town of North Andover must be posted to insure that the construction, erosion control, measures, and performance of any other condition contained herein will take place in accordance with the plans and the conditions of this decision and to ensure that the as-built plans will be submitted. b) The applicant shall designate an independent Environmental Monitor who shall be chosen in consultation with the Planning Department and Conservation Department staff. The Monitor shall submit weekly reports during the entire duration of the project and must be available upon four(4) hour notice to inspect the site with the Planning Board staff. The Planning Staff may reduce the frequency of reports upon review of such a request from the applicant. c) All erosion control measures as shown on the plan must be in place and reviewed by the Town Planner and Conservation Deparhnem. d) A pre-construction meeting must be held with the developer,their construction employees,Planning Department and Conservation Department(and other applicable departments)to discuss scheduling of inspections to be conducted on the project and the construction schedule. e) No new landscape or lawn areas are to be created.Fertilizers are limited to those which are either organic or slow-release nitrogen and phosphorous-free. 5) Prior to release of the Performance Bond: a) The applicant shall submit an as-built plan stamped by a Registered Professional Engineer in Massachusetts that shows all construction, including storm water mitigation trenches and other pertinent site features. This as-built plan shall be submitted to the Town Planner for approval and must be provided in paper form as well as in SDF (Standard Digital File) format. The applicant must also submit a letter from the architect and engineer of the project stating that the pool installation and site layout substantially comply with the plans referenced at the end of this decision as endorsed by the Planning Board. This as-built plan shall be submitted to the Town Planner for approval. 4 316 Great Pond Road Map 37A Lot 53 Watershed Special Permit—Construction of Inground Pool&Patio May 6,2014 b) The Planning Board must by a majority vote make a finding that the site is in conformance with the approved plan. 5) No open burning shall be done except as is permitted during burning season under the Fire Department regulations. 6) The Contractor shall contact Dig Safe at least 72 hours prior to commencing excavation. 7) The provisions of this conditional approval shall apply to and be binding upon the applicant, it's employees and all successors and assigns in interest or control. 8) This Special Permit approval shall be deemed to have lapsed May 6,2016(two years from the date of issuance) exclusive of the time required to pursue or await determination of any appeals, unless substantial use or construction has commenced within said two-year period. Substantial use or construction will he determined by a majority vote of the Planning Board. 9) This decision must be filed with the North Essex Registry of Deeds. The following information is included as part of this decision: Plan titled: "Proposed Site Development Plan located in North Andover,Massachusetts" Prepared for: Bill Karas 316 Creat Pond Road North Andover,MA 01845 Prepared by: Sullivan Engineering Group,LLC 22 Mount Vernon Road Boxford,Ma 01921 Scale: 1"=20' Date: March 5,2014 Sheets: 1 Plan Titles: Swimming Pool Maintenance Requirements Prepared for: Bill Kanas Prepared by: Sullivan Engineering Group LLC Date: April 24,2014 CC: Director of Public Works Building Inspector Conservation Administrator Planning Board Police Chief Fire Chief Applicant Engineer File 5 Sullivan Engineering Group, LLC Civil Engineers&Land Development Consultants March 10,2014 Town of North Andover Planning Board c/o Judith Tymon-Town Planner 1600 Osgood Street North Andover,MA 01845 Re: Watershed Special Permit Application 316 Great Pond Road, North Andover Ms.Tymon; On behalf of the owner/applicant,Bill Karras, I am submitting an application to the Planning Board for a Watershed Special Permit for the above referenced site. Enclosed for your review are the following items: 1) A completed Application for Watershed Special Permit. 2) A check for$300.00 payable to the Town of North Andover 3) A certified abutter's list 4) Engineering calculations for sizing the proposed crushed stone drip trench surrounding the pool/patio. 5) A Proposed Site Development Plan for 316 Great Pond Road prepared by Sullivan Engineering Group, LLC scale 1"=20',dated March 5,2014 6) A check for$2,000.00 payable to the Town of North Andover for the review consultant fee. If you should have any questions or require additional information please feel free to contact me. VeryT y Yours J k rvan,P.E. Attachments(as noted) 22 Mount Vemon Road — Boxford„Massachusetts 01921 — (978)352-7871-Phone — 978352-7871 -Fax Print Form wOOTN e : e r PLANNING DEPARTMENT Community Development Division Special Permit— Watershed Permit A lication Please type or print clearly. 1.Petitioner:Bill Kanas Petitioner's Address:316 Great Pond Road, North Andover Telephone number:781-8835588(E-mail:31614111sa@gmail.com) 2.Owners of the Land: Bill Karms Address: 1316 Great Pond Road,North Andover Number of years of ownership:2 years(Purchased cin 3/3/12) 3.Year lot was created: 1986 4. Is the lot currently on septic or sewer? SEwE o If on sewer,please provide date the sewer connection was completed:1992 S.Descri n of Proposed Project: The applicant is proposing to construct an inground pod,patio,shod,fence,and landscaping within the 100 foot Non-Disturbance Zone. 6. Description of Premises:54,962 s.f.developed lot with residential dwelling and deck 7.Address of Property Being Affected:316 Great Pond Read Zoning District: R1 (within Watershed Protection District) Assessors Map:37A Lap:53 Registry of Deeds:Book>Y: 12880 Page#:91 8.Existing Lot: Lot Area(Sq.Ft): 54,962 Building Height: ' 35 feet Street Frontage: 151.83 feet Side Setbacks:30.3 feet Front Setback: 122 feet Rear Setback: 103 feet Floor Area Ratio:n/a Lot Coverage:n/a 9.Proposed Lot(if applicable): Lot Area(Sq. Ft): Building Height Street Frontage: Side Setbacks: Page I of 2 1600 Osgood Street,North Andover,gldg.20,Suite 2-36 Planning Dept.,Massachusetts 01845 Phone 978.688.9535 Fax 978.688.9542 Web www.townofnorthoadover.com Edited 8/6/07 Front Setback: Rear Setback: Floor Area Ratio: Lot Coverage: 10. Required Lot(as required by Zoning Bylaw): Lot Area(Sq.Ft):67,120 s.f. Building Height:35 feet max. Street Frontage: 175 R Side Setbacks:30 feet Front Setback:30 feet Rear Setback:30 feet Floor Area Ratio:No Lot Coverage: n1a 11.Existing Building(if applicable): Ground Floor(Sq.Ft.): 1220 #of Floors:2 Total Sq.FL:3112 Height�35 feet Use: Single Family Residential Type of Construction:Wood Frame 12.Proposed Building: Ground Floor(Sq.Ft.): #of Floors: Total Sq.FL Height: Use:Accessory Inground Pool Type of Construction:Gunite 13.Has there been a previous application for a Special Permit from the Planning Board on these premises? If so,when and for what type of construction? 14.Section of Zoning Bylaw that Special Permit Is Being Requested 4.136 (3)C6 15. Petitioner and Landowner signature(s): Every application for a Special Permit shall be made on this form, which is the official form of the Planning Board. Every application shall be filed with the Town Clerk's office. It shall be the responsibility of the petitioner to furnish all supporting documentation with this applicator. The dated copy of this application received by the Town Clerk a Planning Office does not absolve the applicant from this responsibility.The petitioner shall be responsible for all expenses for fling and legal notifcation. Failure to comply with application requirements, as cited herein and in the Planning Board Rules and Regulations may result in a dismissal by the Planning Board of this application as incomplete. Petitioner's Signature: Print or type name here:B ryes owner's Signature: Print or type name here: rres 16.Please list title of plans and documents you will be attaching to this application. 1) Site Development Plan of Land prepared by Sullivan Engineering dated 315114,scale 1'=20' Page 2 of 2 1600 Osgood Street,North Andover,BIdg.20,Suite 2-36 Planning gets.,Massachusetts 01845 Phone 978.688.9535 Fox 978.688.9542 Web www.lownoinerthandovef.com Edited 816707 Sullivan Engineering Group, LLC Civil Engineers&land Development Consultants Watershed Special Permit Application 316 Great Pond Road, North Andover To: North Andover Planning Board From: Jack Sullivan,P.E. Date: March 10,2014 Subject: 316 Great Pond Road—Written Support for Project Planning Board Members: The following written summary is prepared on behalf of the owner/applicant,Bill Kams,in support of constructing an inground pool,patio,shed,and associated landscaping. This lot was created prior to 1994 (created in 1986). The applicant is filing with the North Andover Conservation Commission concurrently since a portion of the above referenced work falls within 100 feet of a bordering vegetated wetland. All the work is outside of 400 feet to Lake Cochichewick. Since a portion of the work falls within the 100 foot"Non- Disturbance"watershed boundary a special permit is being sought from the North Andover Planning Board. The following items as outlined in the Watershed Special Permit requirements are listed below(responses to required items are in italic); 1. Encouraging the most appropriate use of land This site is zoned residential and the proposed site development items listed above are appropriate and allowed uses for this parcel. The proposed construction is located over a previously disturbed area. 2. Preventing overcrowding of land The proposed accessory structures(pool and shed) conforms to zoning requirements and is greater than 400feetfrom the Lake. 3. Conserving the value of land and buildings. The proposed site development will enhance surrounding building and land values, while being aesthetically pleasing. 4. Lessening congestion of traffic This project will not increase traffic congestion since this is a single family dwelling with limited trips per day. The number ofresidents within the household has not changed, therefore the number of vehicle trips. 5. Preventing undue concentration of population This project is consistent with surrounding property uses and as such will not have a measurable impact on population. 6. Providing adequate light and air There will be no adverse impact to current background air and light levels. 22 Mount Vernon Road — Boxford,Massachusetts 01921 — (978)352-7871-Phone — 978352-7871 -Fax 7. Reducing the hazards from fire and other danger. There will be no increase in hazard levels from fire or other dangers. 8. Assisting in the economical provisions of transportation, water, sewerage, schools, parks, and other public facilities. This project will not impact the above noted public facilities and/or utilities. There will not be a negative impact to the economics of any public utility. 9. Controlling the use of bodies of water,including watercourses: This project does not directly abut the Lake and will not have a negative impact on present uses of the Lake or tributaries thereto. 10. Reducing the probability of losses resulting from floods: This property is not located within a designated Flood Plain as shown as the latest FIRM maps. The proposed construction will utilize drainage mitigation to collect&recharge stormwater runoff back to the groundwater table. There will be no increase ofstormwater runoff from this site. There will be no increase in flooding probability due to the development of the property. 11. Reserving and increasing the amenities of the Town This project will increase the amenities of the Town through an improvement to the property and additional tax revenue due to the new construction assessment. The Planning Board, in reviewing this application, will note that all threshold requirements for granting the Special Permit are met and/or exceeded. Further written documentation is provided below(responses to required items are in italics) 1. Written certification by a Registered Professional Engineer, or other scientist educated in and possessing extensive experience in the science of hydrology and hydrogeology, stating that there will not be any significant degradation of the quality or quantity or water in or entering Lake Cochichewick. 1) No pesticides,fungicides, chemicals, or non-organic fertilizers will be used in lawn care or maintenance. Presently, there are no limitations on the type or quantity offertilizers. 2) Siltation controls are proposed at the limit of work during construction and until the site is final stabilized by landscaped means to protect the lake and surrounding properties from any potential runoff impacts. 3) Stormwater mitigation has been provided to account for the pool and patio area. Runoff associated with these surfaces will be conveyed to a crushed stone drip trench. 4) The existing dwelling is connected to the municipal sewer system; therefore there will be no potential increase in nitrogen levels over the existing background levels at the property. 5) This site does not directly abut the lake. Additionally, natural wooded buffers will be retained within 25 feet of all wetland resource areas. A portion of the 25 foot buffer zone which is presently grass in the rear yard will be planted with 10 shrubs and a wildflower seed mixture to establish a 'natural' buffer to the wetland resource area. 6) Carefully planning went into the pool layout to limit site grading changes and to match the existing topography. By limiting the grading changes onsite, existing drainage watercourses will continue to function as in the undeveloped state. 2. Proof that there is no reasonable alternative location outside the Non-Disturbance and/or Non-Discharge Buffer Zones,whichever is applicable,for any discharge, structure, or activity,associated with the proposed use to occur. 22 Mount Vernon Road — Boxford,Massachusetts 01921 — (978)352-7871-Phone — 978 352-7871 -Fax Over 95%ofthe subject property falls within the Non-Disturbance zone. The majority ofthe area outside the Non-Disturbance zone is presently a paved driveway The area outside the Non- Disturbance zone is insufficient in area to accommodate the poollpatto project. 3. Evidence of approval by Mass DEP of any industrial waste water treatment or disposal system or any waste water treatment of system 15,000 GPD capacity. This item does not apply to this site. 4. Evidence that all on-site operations including,but not limited to,construction, water water disposal, fertilizer applications,and septic systems will not create concentrations of Nitrogen in groundwater, greater than the federal limit at the downgradient property boundary. The existing dwelling is connected to the municipal sewer system and the deed restriction only allowing organic or slaw-release nitrogen,phosphorus free produce for fertilizer use will insure that background nitrogen levels in the groundwater table will not be increased 5. Projections of downgradient concentrations of nitrogen,phosphorus,and other relevant chemicals at property boundaries and other locations deemed pertinent by the SPGA. There will be no downgradient concentration ofthe above referenced chemicals as outlined in the response to Item 4 above. If you should have any questions or require additional information please feel free to contact me. VeryT Yours, Jack/al; E. Attachments(as noted) Cc: Bill Kanas, Owner 22 Mount Vernon Road — Boxford,Massachusetts 01921 — (978)352-7871-Phone — 978 352-7871 -Fax ibnub.ws! 1 BCMpdµ t 1 fowrvaWn( I Zbdq 11 v+r+esser mm.�m AP PARCEL H@_ Alpress 37A 53 Bill ka,— 316 Great.Roan R.1 Mgove[MA 01. 9Q.Prccxllea v 3 WlYiun OGriMi 328G.,Rood Road WMNJorer.MA 01815 37 A 5 Imail Elan 350 O'ed PwA Road NpM sdddrr,Mp 0180.5 37A a An"DmapaN 254 Gr®i Pmtl Roan I ."ddaer,MA 01815 31A 6Osse, T—O1NMMEOver I20 Maio a. WM Ndcver,MA 0180.5 3>A 8 CNnebpNOreroxn 25 CiMlemere Plane Nmin Anncveq MA 01915 37 A to JMB Reae,Twl 325 Greet P.Roan NCM Allover,MA 0190.5 37A 11 ."u-Pl8ara 2Mardennge Roan NwN Mtlwer,IM 01895 37.A 12 Cgar la Fauei 19MaNennganoan NpN AMdar,MA 01815 37A 35 G.Gmga tO C..flo ere Place Nosh AnEpveG MA 0a4a 37.A 41 MGn Cumo .CdaXamere Place Ibrp M00ver.MA 01945 37A 52 Jemes Cavallo o 20 Getlemere Place tlbM A•Mux,MA 01815 VA as N Wada 250 Great P.Roan WM Allover,MA 01w 33A W Ned,Leland 251 Great POM Roan WM A er,MA 0198 37A 50 Nad,Lelarq 254 Great Pore Roan Nall Algrynr,MA 01995 VA 5B N.,LeMM 254 Great PON Read RONN ,,MA 01845 3).0 tl gngfian Tmst 11 MCNlendga Road Np18 A1gper,MA 01&5 4 —rlj3s that the names appearing on the P'° p .sao•r., 11 AssessOrs ORDe as of Cenifielb Date / Sullivan Engineering Group, LLC Civil Engineers&Land Development Consultants March 10, 2014 Town of North Andover Planning Department Re: 316 Great Pond Road, North Andover Drainage Mitigation for Pool/Patio project in Watershed Planning Department; The owner,Bill Karms,of 316 Great Pond Road is proposing to construct an inground, gunite pool with a pool patio consisting of pervious pavers within the watershed of Lake Cochichewick. A conservation approach has been taken in planning/designing the drainage mitigation for this project. The inground pool,although "impervious"would not create surface water runoff to down gradient areas since the pool typically is not at full volume. It would be an extreme case that the pool would ever overtop. The pool patio will be constructed with pervious pavers with some degree of infiltration being provided between the spacing between the patio blocks to an underlying stone bedding system. The drainage design assumes the worst case scenario...that the pool is overtopping and the patio surface is impervious. A 2' x 2' crushed stone infiltration trench is proposed surrounding the pool patio edging. This crushed stone trench has been sized to store and infiltrate the entire 100 Year Storm event. HydroCAD calculations have been provided demonstrating the crushed stone trench is capable of storingtinfiltrating the 2, 10,and 100 year storm event. Sincerely In W.E. Cc: Bill Karras,Owner 22 Mount Vernon Road — Boxford,Massachusetts 01921 — (978)352-7871-Phone — 978 352-7871 -Fax 1S Pool/Patio Area iP 2'x2' Crushed Stone Infilltion Trench R Subcat Reach Pond Link Drainage Diagram for 316 Great Pond Road Prepared by Sullivan Engineering Group, LLC 3/10/2014 Hydi 7 00 sm 001433 ©1986-2003 Applied Microcomputer Systems 316 Great Pond Road Type I/I 24-hr 2 yr Rainfall=3.10" Prepared by Sullivan Engineering Group, LLC Page 2 HydroCADO 7.00 s/n 001433 ®1986-2003 Applied Microcomputer Systems 3/10/2014 Time span=5.00-20.00 hrs, dt=0.05 hrs, 301 points Runoff by SCS TR-20 method, UH=SCS Reach routing by Stor-Ind+Trans method - Pond routing by Stor-Ind method Subcatchment 1S: Pool/Patio Area Runoff Area=2,035 sf Runoff Depth=2.68" Tc=6.0 min CN=98 Runoff=0.14 cfs 455 d Pond IP: 2'x2' Crushed Stone Infiltation Trench Peak Eler-102.54' Storage=77 cf Inflow=0.14 cis 455 cf Outflow=0.04 cis 455 cf Total Runoff Area = 2,035 sf Runoff Volume=455 cf Average Runoff Depth=2.68" 316 Great Pond Road Type /Il 24-hr 2 yr Rainfall=3.10" Prepared by Sullivan Engineering Group, LLC Page 3 HydroCAD®7.00 s/n 001433 ©1986-2003 Applied Microcomputer Systems 3/10/2014 Subcatchment 1S: Pool/Patio Area Runoff = 0.14 cfs @ 12.09 hrs, Volume= 455 cf, Depth= 2.68" Runoff by SCS TR-20 method, UH=SCS, Time Span= 5.00-20.00 hrs, dt= 0.05 hrs Type III 24-hr 2 yr Rainfall=3.10" Area (sf) CN Description 2,035 98 Roof Area to Drywell Tc Length Slope Velocity Capacity Description (min) (feet) (fUft) (ft/sec) (cfs) 6.0 Direct Entry, From Pool/Patio Subcatchment 1S: Pool/Patio Area Hydrograph 0.15 ■RunoX 0.14 0_13 Type III 24-hr 2 yr 012 Rainfall=3.10'r °"O'l Runoff Area=2,035 sf 0w Runoff Volume=455 cf °M Runoff Depth=2.68rr � OOT 9.9s Tc=6.0 min 005 CN=98 OW 0.03 002- 001 02001 0 5 8 ] 8 9 10 11 12 13 14 15 18 17 18 19 20 Time Ihouml 316 Great Pond Road Type 11124-hr 2 yr Rainfall=3.10" Prepared by Sullivan Engineering Group, LLC Page 4 HydroCADO 7.00 stn 001433 ® 1986-2003 Applied Microcomputer Systems 3/10/2014 Pond 1P: 2'x2' Crushed Stone Infiltation Trench Field Percolation Rate of Soil = 12 MPI Inflow Area= 2,035 at, Inflow Depth = 2.68" for 2 yr event Inflow = 0.14 cfs @ 12.09 hrs, Volume= 455 cf Outflow = 0.04 cfs @ 11.85 hrs, Volume= 455 cf, Atten=69%, Lag= 0.0 min Discarded = 0.04 cfs @ 11.85 hrs, Volume= 455 cf Routing by Stor-Ind method, Time Span=5.00-20.00 hrs, dt=0.05 his Peak Elev= 102,54' @ 12.40 hrs Surf.Area= 362 sf Storage= 77 cf Plug-Flow detention time= 9.0 min calculated for 455 cf(100% of inflow) Center-of-Mass det. time= 8.8 min (747.7- 738.9) # Invert Avail Storage Storage Description 1 102.00' 290 cf 2.009N x 181.00'L x 2.00'H Prismatoid 724 cf Overall x 40.0°/a Voids # Routing Invert Outlet Devices 1 Discarded 0.00' 0.006944 fpm Exflltration over entire Surface area Iscarded OutFlow, Max=0.04 cfs @ 11.85 hrs HW=102.03' (Free Discharge) =Exflltration (Exfittration Controls 0.04 cfs) Pond 1P: 2'x2' Crushed Stone Infiltation Trench Hydmgmph ■Inflow 0.15 o.um ❑ILapMed 0.14 Inflow Area=2,035 sf 0.13 Peak Elev=102.54' 0.,2 0.11 Storage=77 cf 0.1 o.a9 0.07 LL 0.08 005 aum 0.04 5.05 0.02 0.01 0 5 8 7 0 9 10 11 12 13 14 15 16 17 18 19 20 Time (hours) 316 Great Pond Road Type 111 24-hr 10 yr Rainfall=4.80" Prepared by Sullivan Engineering Group, LLC Page 5 HydroCADO 7.00 stn 001433 01986-2003 Applied Microcomputer Systems 3/10/2014 Time span=5.00-20.00 hrs, dt=0.05 hrs, 301 points Runoff by SCS TR-20 method, UH=SCS Reach routing by Stor-Ind+Trans method - Pond routing by Stor-Ind method Subcatchment 1S: Pool/Patio Area Runoff Area=2,035 sf Runoff Depth=4.24" Tc=6.0 min CN=98 Runoff=0.21 cis 718 cf Pond IP: 2'x2'Crushed Stone In6ltation Trench Peak Elev--103.25' Storage=181 ct Inflow=0.21 cfs 718 ct Outflow=0.04 cfs 718 cf Total Runoff Area=2,035 sf Runoff Volume=718 of Average Runoff Depth =4.24" 316 Great Pond Road Type H/24-hr 10 yr Rainfall=4.80" Prepared by Sullivan Engineering Group, LLC Page 6 HydroCAD®7.00 s/n 001433 @ 1986-2003 Applied Microcomputer Systems 3/10/2014 Subcatchment 1S: Pool/Patio Area Runoff = 0.21 cfs @ 12.09 hrs, Volume= 718 cf, Depth= 4.24" Runoff by SCS TR-20 method, UH=SCS, Time Span= 5.00-20.00 hrs, dt=0.05 hrs Type III 24-hr 10 yr Rainfall=4.80" Area (sf) CN Description 2,035 98 Roof Area to Drywall Tc Length Slope Velocity Capacity Description (min) (feet) (ft/ft) (fusec) (cfs) 6.0 Direct Entry, From PoollPatio Subcatchment 1S: Pool/Patio Area Hydrogmph 0.23 ■RunoR 022 0 18 021 Type III 24-hr 10 yr 02 019 Rainfall=4.80" 0.18 os Runoff Area=2,035 sf 015 Runoff Volume=718 cf 0]4 C 0.13 012 Runoff Depth=4.24rr LL O' Tc=6.0 min ON OM 0,07 CN=98 0.08 0.05 0.04 003 0 02 001 0 5 8 7 8 9 10 11 12 13 tb 15 18 17 18 19 20 Time (boon) 316 Great Pond Road Type /// 24-hr 10 yr Rainfall=4.80" Prepared by Sullivan Engineering Group, LLC Page 7 HydroCAD®7.00 s/n 001433 ©1986-2003 Applied Microcomputer Systems 3/10/2014 Pond 1P: 2'x2' Crushed Stone Infiltation Trench Field Percolation Rate of Soil = 12 MPI Inflow Area = 2,035 sf, Inflow Depth = 4.24" for 10 yr event Inflow = 0.21 cfs @ 12.09 hrs, Volume= 718 cf Outflow = 0.04 cfs @ 11.70 hrs, Volume= 718 cf, Atten= 80%, Lag= 0.0 min Discarded = 0.04 cfs @ 11.70 hrs, Volume= 718 cf Routing by Stor-Ind method, Time Span= 5.00-20.00 hrs, dt= 0.05 hrs Peak Elev= 103.25' @ 12.52 hrs Surf.Area= 362 sf Storage= 181 cf Plug-Flow detention time= 23.7 min calculated for 716 cf(100% of inflow) Center-of-Mass det. time= 23.3 min ( 758.7- 735.4) # Invert Avail Storage Storage Description 1 102.00' 290 cf 2.00'W x 181.001 x 2.00'H Prismatoid 724 cf Overall x 40.0% Voids # Routing Invert Outlet Devices 1 Discarded 0.00' 0.006944 fpm Exfiltration over entire Surface area Discarded OutFlow Max=0.04 cfs @ 11.70 hrs HW=102.02' (Free Discharge) L1=Exfiltration (Exfiltration Controls 0.04 cfs) Pond 1P: 2'x2' Crushed Stone Infiltation Trench Hydrograph ■InOow 0.23 nztm L Discartletl 021 Inflow Area=2,035 sf 0 9 Peak Elev=103.25' 08 0 17 Storage=181 cf .1 0.16 015- - 014 u 0.13 0.12 011 0.1 ON 0.08 0.07 ON 0 05 ON 0.03 0.02 pot 0 5 5 7 8 9 10 11 12 13 14 15 16 17 18 19 20 Time (home) 316 Great Pond Road Type ///24-hr 100 yr Rainfall=6.40" Prepared by Sullivan Engineering Group, LLC Page 8 HydroCADO 7.00 s/n 001433 ®1966-2003 Applied Microcomputer Systems 3/10/2014 Time span=5.00-20.00 hrs, dt=0.05 hrs, 301 points Runoff by SCS TR-20 method, UH=SCS Reach routing by Stor-Ind+Trans method - Pond routing by Stor-Ind method Subcatchment 1S: Pool/Patio Area Runoff Area=2,035 sf Runoff Depth=5.69" Tc=6.0 min CN=98 Runoff=0.29 cfs 965 d Pond 1P: 2'x2' Crushed Stone Infiltation Trench Peak Elev--103.98' Storage=287 cf Inflow=-0.29 cfs 965 of Outflow=0.04 cfs 965 cf Total Runoff Area=2,035 sf Runoff Volume=965 cf Average Runoff Depth=5.69" 316 Great Pond Road Type 11124-hr 100 yr Rainfall=6.40" Prepared by Sullivan Engineering Group, LLC Page 9 HydroCAD®7.00 s/n 001433 ©1986-2003 Applied Microcomputer Systems 3/10/2014 Subcatchment 1S: Pool/Patio Area Runoff = 0.29 cfs @ 12.09 hrs, Volume= 965 cf, Depth= 5.69" Runoff by SCS TR-20 method, UH=SCS, Time Span= 5.00-20.00 hrs, dt= 0.05 hrs Type III 24-hr 100 yr Rainfall=6.40" Area (sf) CN Description 2,035 98 Roof Area to Drywall Tc Length Slope Velocity Capacity Description (min) (feet) (f/ft) (f 1sec) (cis) 6.0 Direct Entry, From Pool/Patio Subcatchment 1S: Pool/Patio Area Hydrograph 0.32 ■RunoR 0.3 ole m 028 Type III 24-hr 100 yr 024 Rainfall=6.40rr 022 Runoff Area=2,035 sf 018 Runoff s unoff Volume=965 cf 016 Runoff Depth=5.69rr u 0.14 012 Tc=6.0 min 01 CN=98 008M O.Ofi 004 0 02 0 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 Time (hours) 316 Great Pond Road Type 111 24-hr 100 yr Rainfall=6.40" Prepared by Sullivan Engineering Group, LLC Page 10 HydroCAD®7.00 s/n 001433 ®1986-2003 Applied Microcomputer Systems 3/10/2014 Pond 1P: 2'x2' Crushed Stone Infiltation Trench Field Percolation Rate of Soil = 12 MPI Inflow Area = 2,035 sf, Inflow Depth = 5.69" for 100 yr event Inflow = 0.29 cfs @ 12.09 hrs, Volume= 965 of Outflow = 0.04 cis @ 11.65 hrs, Volume= 965 cf, Aften= 85%, Lag= 0.0 min Discarded = 0.04 cfs @ 11.65 hrs, Volume= 965 of Routing by Stor-Ind method, Time Span= 5.00-20.00 hrs, dt=0.05 hrs Peak Elev= 103.98' @ 12.59 hrs Surf.Area=362 sf Storage= 287 of Plug-Flow detention time=41.8 min calculated for 965 of(100%of inflow) Center-of-Mass det. time=41.5 min (775.4- 733.9) # Invert Avail Storage Storage Desorption 1 102.00' 290 cf 2.00'W x 181.00'L x 2.00'H Prismatoid 724 of Overall x 40.0% Voids # Routing Invert Outlet Devices 1 Discarded 0.00' 0.006944 fpm Exfiltration over entire Surface area rscarded OutFlow, Max=0.04 cfs @ 11.65 hrs HW=102.03' (Free Discharge) =Exfiltratlon (ExFltration Controls 0.04 ds) Pond 1P: 2'x2' Crushed Stone Infiltation Trench Hydrogmph 0.320.3 usem oear0ea Inflow Area=2,035 sf on Peak Elev=103.98' 0.2. o.zz Storage=287 cf 02 0.10 0.12 0.1 0.06 o.os aaa 0.a o.oz 5 6 7 8 9 10 11 12 13 14 16 16 17 16 19 20 T1. (hours) p0 Th o` ..•_ ..'w Town of North Andover Office of the Planning Department - ;,r ±¢ Community Development and Services Division 1600 Osgood Street �sd"HOge� North Andover,Massachusetts 01845 NOTICE OF DECISION Any appeal shaft be filed within(20)days after the date of filing this notice in the office of the Town Clerk. Date: May 6,2014 Date of Hearings: April 15,2014 Date of Decision: May 6,2014 Petition of: B01 Karras,316 Great Pond Road,North Andover,MA 01845 Premises Affected: 316 Great Pond Road,North Andover,Massachusetts,01845. Assessor's Map 37A,Parcel 53 and located in the Residential 1 Zoning District. Referring to the above petition for a Watershed Special Permit from the requirements of the North Andover Zoning Bylaw,Sections 4.136.3.c.ii.6& 10.3. So as to allow the installation of an inground swimming pool, patio, shed, fence, landscaping and associated grading and utilities within loo feet of a wetland in the Non-Disturbance Zone of the Watershed Protection District. After a public hearing given on the above date, and upon a motion by D.Kellogg and Vd by R.Rowen to APPROVE the Watershed Special Permit as amended and based upon the following conditions. Vote was 5-0 in favor of the application Planning Board John Simons Richard Rowen Michael Colantoni Lora McSherry Dave Kellogg 316 Great Pond Road Map 37A Lot 53 Watershed Special Permit—Construction of Inground Pool&Patio May 6,2014 The public hearing on the above referenced application was opened on April 15,2014 closed by the North Andover Planning Board on May 6,2014. On May 6,2014,upon a motion made by D. Kellogg and seconded by R Rowen to GRANT a Watershed Special Permit so as to allow the installation of an inground swimming pool, patio, shed, fence, landscaping and associated grading and utilities within 100 feet of a wetland in the Non-Disturbance Zone of the Watershed Protection District under the requirements of Section 4.136.3.c.ii.6 & 10.3 of the North Andover Zoning Bylaw. This Special Permit was requested by Bill Kanas, 316 Great Pond Road, North Andover, MA 01845 on March 12, 2014. The applicant submitted a complete application, which was noticed and reviewed in accordance with Section 10.52 of the Town of North Andover Zoning Bylaw and MGL Chapter 40A, Section 9. The motion to approve was subject to the FINDINGS OF FACTS and SPECIAL CONDITIONS set forth in this decision. The Planning Board vote was unanimous. A special permit issued by the special permit granting authority requires a vote of at least four members of a five-member board. The applicant is hereby notified that should the applicant disagree with this decision, the applicant has the right, under MGL Chapter 40A, Section 17, to appeal this decision within twenty days after the date this decision has been filed with the Town Clerk In accordance with 4.136 the Planning Board makes the finding that the intent of the Bylaw, as well as its speck criteria are met. This decision specifically stated by the Planning Board makes the following FINDINGS OF FACT: 1) That as a result of the proposed construction in conjunction with other uses nearby,there will not be any significant degradation of the quality or quantity of water in or entering Lake Cochichewick. The project is located within an extremely environmental sensitive area and in close proximity to Lake Cochichewick.The final design reflects extensive discussions between the Town and applicant to ensure the continued protection of Lake Cochichewick and the safety and welfare of the residents of North Andover. a) The construction has been reviewed by Town Staff and the Town's consulting engincer, Lisa Eggleston,and with the application of the erosion control measures and modifications to the drainage and stormwater management designs, the consultant concluded that there will not be significant degradation to the quality or quantity of water in or entering Lake Cochichewick.The site drainage system and stormwater management design are designed in accordance with the Town Bylaw requirements and Best Engineering and Management Practices. The plan has been reviewed by the outside consulting engineer,Lisa Eggleston, as evidenced email correspondences dated April 8, 2014 and April 16, 2014. Further, adequate safeguards have been provided to mitigate pollutants from entering Lake Cochichewick through the installationtimplementation of the following Best Management Practices relative to an inground pool and patio: i) The new project will create approximately 1,038 sq. ft. of new impervious area that will include the pool and the pool deck. All stormwater runoff will be mated to a 2' by 2' infiltration trench on the southeastern side of the pool and the pool patio and the trench has the capacity to store and infiltrate all stormwater runoff. ii) The patio will be constructed using pavers with spaces to allow water flow. iii) Best Management Practices (BMP) will be followed with regard to maintenance of the pool, as stated in the document titled"Swimming Pool Maintenance Requirements"dated April 24, 2014, provided by Sullivan Engineering Group LLC. These BMPs includes maintenance of 2 •316 Great Pond Road Map 37A Lot 53 Watershed Special Pernit—Construction of Inground Pool&Patio May 6,2014 the infiltration trench, proper storage of chemicals and pool draindown procedures.. Discharge of pool water into the town's stormwater management is strictly forbidden. The "Best Management Practice"document referenced here will be noted in the deed. iv) The limit of work has been marked on the plan to be as close to the proposed construction as possible.No new lawn areas will be created. v) Fertilizers are limited to those which are either organic or slow-release nitrogen and phosphorous-free. The use of pavement sealants is prohibited. These restrictions will be noted on the deed. b) The existing lot complies with the current Zoning Bylaw with regard to frontage and acreage. The lot was created before 1994 and is not subject to the Conservation Zone, as described in section 4.136.2.Table 1. c) The existing structure is connected to the Town sewer and water systems. 2) There is no reasonable alternative location outside the General, Non-Disturbance, and the Non- Discharge Zones for any discharge,structure or activity. 3) In addition, in accordance with Section 10.31 of the North Andover Zoning Bylaw, the Planning Board makes the following FINDINGS OF FACT: a) The specific site is an appropriate location for the proposed use as all feasible storm water and erosion controls have been placed on the site; b) The use will not adversely affect the neighborhood as the lot is located in a Residential 1 Zoning District; c) There will be no nuisance or serious hazard to vehicles or pedestrians; d) Adequate and appropriate facilities are provided for the proper operation of the proposed use; e) The Planning Board also makes a specific finding that the use is in harmony with the general purpose and intent of the North Andover Zoning Bylaw. Upon reaching the above findings,the Planning Board approves this Special Permit based upon the following SPECIAL CONDITIONS: 1)Permit Definitions: a) The"Locus"refers to the 54,962 sq.ft.parcel of land with frontage on Great Pond Road as shown on Assessors Map 37A,Parcel 53,and also known as 316 Creat Pond Road,North Andover,Massachusetts. b) The"Plans"refer to the plans prepared by Sullivan Engineering Group LLC,entitled"Site Development Plan located in North Andover Massachusetts" c) The"Project"or"316 Great Pond Road"refers to installation of an inground swimming pool, patio,fence,shed,landscaping,and associated grading and utilities within 100 feet of a bordering vegetated wetland in the Non-Disturbance Zone of the Watershed Protection District d) The"Applicant"refers to Bill Barras,the applicant for the Watershed Special Permit. e) The"Project Owner"refers to the person or entity holding the fee interest to the title to the Locus from time to time,which can include but is not limited to the applicant,developer,and owner. 3 •316 Great Pond Road Map 37A Lot 53 Watershed Special Permit—Concoction of ffiground Pool&Patio May 6,2014 2) The Town Planner shall approve any changes made to these plans. Any changes deemed substantial by the Town Planner would require a public hearing and modification by the Planning Board. 3) Prior to the endorsement of the Plan a) The applicant shall incorporate the following conditions as a deed restriction and a copy of the recorded deed shall be submitted to the Town Planner and included in the file. i) Fertilizers are limited to those which are either organic or slow-release nitrogen and phosphorous-free. ii) The use of pavement sealants is prohibited. iii) Discharge of pool water into the town's stormwater management is strictly forbidden. The "Best Management Practice" document titled "Swimming Pool Maintenance Requirements" and dated April 24,2014 referenced here will be noted in the deed. b) The applicant will provide copies of all Decisions, Notification and Orders of Conditions from the North Andover Conservation Commission. 4) Prior to the start of construction or the issuance of a building permit a) A performance guarantee bond of four thousand dollars ($4,000.00) made out to the Town of North Andover must be posted to insure that the construction, erosion control, measures, and performance of any other condition contained herein will take place in accordance with the plans and the conditions of this decision and to ensure that the as-built plans will be submitted. b) The applicant shall designate an independent Environmental Monitor who shall be chosen in consultation with the Planning Department and Conservation Department staff. The Monitor shall submit weekly reports during the entire duration of the project and must be available upon four (4) how notice to inspect the site with the Planning Board staff. The Planning Staff may reduce the frequency of reports upon review of such a request from the applicam. c) All erosion control measures as shown on the plan must be in place and reviewed by the Town Planner and Conservation Department. d) A pre-construction meeting must be held with the developer,their construction employees,Planning Department and Conservation Department(and other applicable departments)to discuss scheduling of inspections to be conducted on the project and the construction schedule. e) No new landscape or lawn areas are to be created. Fertilizers are limited to those which are either organic or slow-release nitrogen and phosphorous-free. 5) Prior to release of the Performance Bond: a) The applicant shall submit an as-built plan stamped by a Registered Professional Engineer in Massachusetts that shows all construction, including storm water mitigation trenches and other pertinent site features. This as-built plan shall be submitted to the Town Planner for approval and must be provided in paper form as well as in SDF (Standard Digital File) forret. The applicant must also submit a letter from the architect and engineer of the project stating that the pool installation and site layout substantially comply with the plans referenced at the end of this decision as endorsed by the Planning Board. This as-built plan shall be submitted to the Town Planner for approval. 4 316 Great Pond Road Map 37A Lot 53 Watershed Special Permit—Construction of Ingroand Pool&Patio May 6,2014 b) The Planning Board must by a majority vote make a finding that the site is in conformance with the approved plan. 5) No open burning shall be done except as is permitted during burning season under the Fire Department regulations. 6) The Contractor shall contact Dig Safe at least 72 hours prior to commencing excavation. 7) The provisions of this conditional approval shall apply to and be binding upon the applicant, it's employces and all successors and assigns in interest or control. 8) This Special Permit approval shall be deemed to have lapsed May 6,2016(two years from the date of issuance) exclusive of the time required to pursue or await determination of any appeals, unless substantial use or construction has commenced within said two-year period. Substantial use or construction will be determined by a majority vote of the Planning Board. 9) This decision must be filed with the North Essex Registry of Deeds. The following information is included as part of this decision: Plan titled: "Proposed Site Development Plan located in North Andover,Massachusetts" Prepared for: Bill Karras 316 Creat Pond Road North Andover,MA 01845 Prepared by: Sullivan Engineering Group,LLC 22 Mount Vernon Road Boxford,Ma 01921 Scale: 1"=20' Date: March 5,2014 Sheets: I Plan Tides: Swimming Pool Maintenance Requirements Prepared for: Bill Karms Prepared by: Sullivan Engineering Group LLC Date: April 24,2014 cc: Director of Public Works Building Inspector Conservation Administrator Planning Board Police Chief Fire Chief Applicant Engineer File 5 a< RORTR ,� . O 9 � o . iG` `�EIVFF) ' •",' 2014 MAR -3 AM 11: 30 PLANNING DEPARTMENT Community Development Division Special Permit — Watershed Permit A lication Please type or print clearly. 1.Petitioner: Paul M. Russell Petitioner's Address: 80 Saile ay, is n over, Telephone number: 9 2.Owners of the Land: Shelley R. Russell,Trustee Address: 80 Sai a ay, o n over, Number of years of ownership: we ve 3.Year lot was created: 1991 Plan#12515 4. Is the lot currently on septic or sewer? N on sewer,elea a provide date the sewer connection was completed: 006 5. Description of Proposed Project: Presented is an "Affer the Fact"Application to continue the use of a cobblestone walkway int e DaCK yard is depimeuon me accomparling pane i xi on i io an wi 6. Description of Premises: A single-family residence.Class Code 101. 7.Address of Property Being Affected: 80 Sails Way, North Andover, MA 01845 Zoning District: R- Assessors Map: 63 Lot#: 47 Registry of Deeds: Book— Page#-297-- 8. Existing Lot. Lot Area(Sq. Ft): 225,266 Building Height: Street Frontage: Side Setbacks: Front Setback: Rear Setback: Floor Area Ratio: Lot Coverage: 9. Proposed Lot(if applicable): Lot Area(Sq. Ft): Building Height: Street Frontage: Side Setbacks: Page 1 of 2 1608 Osgood Street,North Andover,Ndg.20,Suite 2-36 Planning Dept.,Massachusetts 01845 Phone 978.688.9535 Fox 978.688.9542 Web www.fowoofnarfhandever.com Edited 8/6/07 Front Setback: Rear Setback: Floor Area Ratio: Lot Coverage: 10. Required Lot(as required by Zoning Bylaw): Lot Area(Sq.Ft): Building Height: Street Frontage: Side Setbacks: Front Setback: Rear Setback: Floor Area Ratio: Lot Coverage: 11.Existing Building(if applicable): Ground Floor(Sq.Ft.): #of Floors: Total Sq. FL: Height: Use: _. Type of Construction: 12, Proposed Building: Ground Floor(Sq. Ft.): #of Floors: Total Sq. Ft. Height: Use: Type of Construction: 13. Has there been a previous application for a Special Permit from the Planning Board on these premises? yes If so,when and for what type of construction? 1997& 2004 14. Section of Zoning Bylaw that Special Permit Is Being Requested 4.136 15.Petitioner and Landowner signature(s): Every application for a Special Permit shall be made on this form, which is the official form of the Planning Board. Every application shall be filed with the Town Clerk's office. It shall be the responsibility of the petitioner to furnish all supporting documentation with this application. The dated copy of this application received by the Town Clerk or Planning Office does not absolve the applicant from this responsibility. The petitioner shall be responsible for all expenses for filing and legal notification. Failure to comply with application requirements, as cited herein and in the Planning Board Rules and Regulations may result in a dismissal by the Planning Board of this application as i e Petitioner's Signatur Print or type name here: FaUAI..Maslen Owner's Signature: Print or type name here: boalley H. Hussell, rustee 16.Please list title of plans and documents you will be attaching to this application. Existing Goodin e Plan with AcId d plantings,lest-revised P072011 Page 2 of 2 1500 Osgood Street,North Andover,BIdg.20,Suite 216 Planning Dept.,Mossuchuseds 01845 Phone 978.688.9535 Fax 978.688.9542 Web www.townofnorthondover com Edited 816107 Mossaokasetts Department of Environmental Protection Pmvided by MessDEP: Bureau of Resource Protection-Wetlands MEP Transaction File#:242-1616 650020 WPAFwn5 Osdea,a[CaR4lfons eDEPrrarrsNORTH:ANDO Massachusetts Wetlands Protection Act M.G.L.c. 131,§40 QtylCoxm:NORTH ANDOVER A.Gemet'al Idormatioa 1.Conservation Commission NORTH ANDOVER 2.Issuance a. P OOC b.r- Amended OOC 3-AppicsoDeis a.First Name BILL AND JESSICA b.Last Name KARRAS a Organization d.MailingAddress 316 GREAT POND ROAD e.City/rown NORTH ANDOVER f State MA g.Zip Code 01845 4,FMpedy Ovinasr a Fust Name BILL AND JESSICA b.Last Name KARRAS e.Otganbafion d.Mailing Address 316 GREAT POND ROAD e.Cay/foam NORTH ANDOVER f.State MA g.Zip Code 01845 S.PfnjeaIaradm a.Street Address 316 GREAT POND ROAD b.Cityfr,am NORTH ANDOVER c.Zip Code 01845 d.Assessors Map/Plat#37A e.Parcel/Lot# 53 f Latitude 42.68726N g.Longiade 71.09844W 6.H4my.mmdd m 8e dDimi fr a.Ceaaly b.CrrWente c.Rode d.Page NORTHERN ESSEX 12880 91 7D� a Date NOI Filed:3/17/2014 b.Date Public Hearing Closed: 5/142014 a Date Of Issuance;5116/2014 8FdA4I "PlimamJ01mf3smmts a.mm Sine: b.Plan rkvprel by: v.Flaw Signed/Stamped by: d.Revised Find Rafe: e.Scale: #316 GREAT POND ROAD PROPOSED SULLIVAN SITE ENGINEERING JOHN D.SULLIVAN III,P.E. 4/15/14 1-20' DEVELOPMENT GROUP,LLC PLAN Page 1 of 10*ELECTRONIC COPY MassacImsetds Department of Environmental Protection Provided by MasDEP: Bureau of Resource Protection-Wedands MasseDEP Transaction File ion#:6616 WPA Fem5-Order'ofC[ndAims eDyiTownNORT#:65111120 0—k City/Cown:NORTH ANDOVER Massachusetts Wetlands Protection Act M.G.L.c. 131,§40 B. Findings lliaj6W p®amto the Massadm,,tts Wetlands PrnmfimM Following the review ofihe the above-referenced Notice of Imentand based on the infametion provided in this application and presented at the public hearing this Commission finds that the areas in which work isproposed is significantto the following interests of the Wetlands Protection Act. Check all that apply: a F Public Witter Supply b. r larmd Gadaimag Shellfish c.F Prevention of Pollution d. F Private Water Supply e. F Fisheries f. F Protection of Wildlife Babies: g. F Ground Wow,Supply h. F Stonn Damage Prevention i. F Flood Control 2.Qaaaajif=hnmhyfrdsd ppoa.aspmposrdrc Approved subjectto: a.F The following conditions which are necessary in accordance with the perfomiannce standards set forth in the wetlands regulations. This Commission orders that all work shall be performed in accordance with the Notice of Intent referenced above,the following General Conditions,and any odes special conditions attached to this Order.To the extent that the following conditions modify or differ from the plans,specifications,or other proposals submitted with the Notice of Intent HIM conditions shall eohrml. Denied because: b.r The proposed work cannot be considered to meet the performance standards set forth in the wetland regulations.Therefore, work on this project may not go forward unless and until anew Notice of Intent is submitted which provides measures which are adequate to protea interests of the Act and afetal Order of Conditions is issued A description Brie paforrmee m adards which the propowd work caret medis atbdwed to thisOnfer. a r The infirmumun submitted by the applicant is not sufficient to describe the site,the work or the effort of the work on the interests identified in the Wetlands Protection Act Therefore,work on this project may not go forward unless and until a revised Notice of Intent is submitted which provides sufficient information and includes measures which are adequate to protect the incrests of the Ad,and a final Order of Conditions is issued.A description of the specific iafmaalion which is lacki.g aad why it is necessary is attached is tis Order as per 310 CMR 10.05(6)(c), 3 F Buffer Zone Impacts:Shonestdistancebetween limit ofpmject disarbance and thewetlandresoume 1 amu specified in 310CMR10.02(l)(a), a Imes feet W!✓mYet�p-arMPar�dNk Resource Area Proposed Permitted Proposed Permitted Alteration Alteration Replacement Replacement 4.I—Rank a.1incarfe9 b.linearfeet a1600rfr8 dlinaarer 5.r Bordering Vegetated Wetland a square feet b.square feet c.square feet d.square fee[ 6. r-Lard,mder AnerhmiirsaYMaaaaya a.awmefad trpareAaa asquaadrt d.squascibs Page 2 of 10 r ELECTRONIC COPY UMa&mwkusetts Departwftt of Eavirad�lal Bmte bm Provided by Mm DEP: Bureau of Resource Protection-Wetlands MassDBP FHe#242-1616 WPA Fe 5-Older OfCmad"m eDEP Transaction#.650020 Massachusetts Wetlands Protection Act M.G.L.c. 131,§40 City?ownNORTH ANDOVER ccfydm4pd ffyAWZcd 7.r Braiding Land Subject m Flooding a square feet b.square feet c.square het d.square feet Cubic Feet Flood Storage Tc feet f cubic feet g.cubic feet h.cubic fat 8.f lmlate!lana Sobj,d w F7mft aa�ed'ed 4a^eird Cubic FaetdimdSaaag c�eEsd timid e. Mbead Bled 9.f Pivcr@ont Area a total sqfeet b.total sq.feet Sq ft within 100 ft c,square fat d.square feet e.square feet E square fat Sq R between 100-200 ft g.square feet h square fat 77;q'.—fed j.square feet cwmm— eAasfd'de Resource Area Proposed Permitted Proposed Permitted Alteration Alteration Replacement Replacement 10.rDambwmdPb9A: I.ras>:rQfaduamreo�ads. 11.r Land Under the Ocean asquarefed b.squmel6d c.c/y dredged d.dy dredged izrommicrDu3a Iadirafecire�dvarrsermd/orcoasminaarr. 13.r Coadel Beaches a.squaw feet b.square feet c.dy nourishment d dy nourishment IS rCmsrw Dano as^ed'ed \a^died cdynomish�dafj�iod 15.r Coastal Banks a linwrfee[ b.linear feet 1drm�adamis� a>lefed ra^ed'ed 17.r Salt Marshes a-q.-feet b.square feet c.square feet d square feet lir Isd LWIM Sit Fortis a.s"add \aprefrn &ds+dbd d.dPddlg Page 3 of 10•ELECTRONIC COPY Mass Pmvdd Bureau ofeso ice Prtection-Wetlards Pe[slectie� MassDdbyle#:242-1 BureauofResource Protection-Wetlands eDEP TrPFile#:242-1616 F1 WPAFet1.5-Olda•e(Catdtie�s eDEPTransaction#:650020 Massachusetts Wetlands Protection Act M.G.L.c. 131,§40 City/fown:NORTH ANDOVER 19.r Land Containing Shellfish a.square feet b.square feet a square feet d.square feet i6rt��rCadiBdiil�IBat�aitliQt XF-Fides Ocrmm.and4rirdavddadMftW6e- MdW above e b),dudged d.*dmW 21.F Land Subjat m Coesml Storm Flowage a square feet In square feet 22. r Restoration/Enhancement(For Approvals Only) If Use project is for the purpose of restoring or enhancing awedand resource area in addition an the square footage that bas been entered in Section B.5.c&d or B.17.c&d above,please enten:d the additional amount here. a.square feet ofBVW b.square feet of Salt Marsh 23. C Streams Crossing(s) If the project involves Stremn Crossings,please doer the number of new stream crossings/number of replacement smeam crossings. a number of new,stream crossings b.number of replacement stream crossings C.General Conditions Under Massachusetts Wetlands Protection Act The felowialldimi ms are only applicable b Approved projects 1. Failure to comply with all conditions stated herem,and with all related statutes and otherregulamry measures,shall be deemed came In revoke or modify this Order. 2. The Order does notgrmn any property rights or any exclusive privileges;it does not authorize any injury to private property or invasin of private rights 3. This Order does not refieve the permittee or any other person of the necessity of complying with all other applicable federal, state,or local stmes,ordinances,bylaws,or regulations. 4. The work authorized hereunder shall be completed widdnmree years firm dae data of this Order unless either of the following apply: a the work is a maintenance dredging project as provided for in the Act;or b.the time for completion has been extended an a specified date moa than three years,but less than five years,from the date of issuance.If this Order is intended to be valid for more than three years,the extension date and the special circumstances warming the extended time period are set forth as a special condition in this Order. 5. This Order may be extended by the issuing authority fm one or moa periods of up to dors,years each upon application m the issuing authority at least 30 days prior to the expvation date of the Order. 6. If Otis Omer constitutes an Amended Order of Conditions,this Amended Order of Conditions does not exceed the issuance date of the original Final Order of Conditions. 7. Any fill used in connection with dus project shall be clean fill.Any fill shell contain no task refuse,rnbbish,adebri including but not lirnited to lumber,bricks,plaster,wire,lath,paper,cardboard pipe tires,ashes,refrigerators,motor vehicles,or pmts of -yoftheforegoing. 8. This Order is not final until all administrative appeal periods form this Order have elapsed,or if such an appeal has been taken, Page 4 of 10 r ELECTRONIC COPY Massmkasetts Deftof Etsvi ental Prefecfie Providedby MmaDEP: Bureau of Resource Protection-Wetlands MassDEP File#:242-1616 L I WPAFN>.5-OnderofCondtieos eDEP Transitions,#:650020 Massachusetts Wetlands Protection Act M.G.L.c. 131,§40 Chy?own:NORTH ANDOVER until all proceedings before the Department have been completed. 9. No work shall be undertaken=61 the Order has became final and then has been recorded in the Registry of Deeds in the Land Court for the district in which the land is located,within the chain oftitle of the affected property.In the case ofoscorded land, the Final Order shall also be noted in the Registry's Grantor Index under the name of the owner ofthe land upon which the proposed work is to be done.In the case of the registered land,the Final Order shall also he noted on the Land Court Certificate ofTitie ofthe owns ofthe land upon which the proposed work is done.The recording information shall be submitted to the Conservation Commission on the from st the end oftltis Order,which form most be stomped by the Registry of Deeds, prior to the commencement ofwork.. 10. A sign shall be displayed a the site not less then two square fed or more am it=square feet in sbe bearing the words, "Massachusetts Department ofEnYvonmenal Protection" [or'MassDEP"j File Number:"242-1616" 11. Where the Department of Environmental Protection is requested to issue a Superseding Order,the Conservation Commission shall be a party on all agency proceedings and hearings before Mass DEP. 12. Upon completion ofthe work described herein,the applicant shall submit a Request for Certificate ofCompliance(WPA Farm 8A)rat the Conservation Commission. 13. The work shall conform to the plans and special conditions referenced in this order. 14. Any change to the plans identiSed in Condition#13 above shall require the applicant an inquire oflhe Conservation Commission to writing whether the change is significant enough in require the filing ofa new Notice ofNte t 15. The Agent or members ofthe Conservation Commission and the Department ofEnvirunmrmal Protection shall have the right to enter and inspect the area subject in this Order 9 reasonable hours to evaluate compliance with the conditions stated in this Order,and may require the submittal ofany,data deemed necessary by the Conservation Commission orDepertmer4 for that evaluation 16. This Order of Conditions shall apply to any successor in interest or successor in control ofthe property subject to this Order and to any contractor or other person performing work conditioned by this Order. 17. Prior to the start of work and if the project involves wok adjacent to a Bordering Vegetated Wetland,the boundary ofthe wetland in the vicinity ofthe proposed work area shall be marked by wooden stakes o Flagging.Once in place,the wetland boundary markers shall be maintained=61 a Certificate ofComphance has been issued by the Conservation Commission. 18. All sedimentation barriers shall be maintained in good repair until all disturbei areas have been fitly smbilmd with vegetation or other means.At no time shall sediments be deposited in a wedand a water body.During construction,the applicant or his/her designee shall inspect the erosion camods on adaily basis and shall remove accumulated sediments as needed The applicant shall immediately control any erosion problems that occur a the site and shall also immediately notify the Conservation Commission,which reserves the right to require additional erosion and/or damage prevention controls it may deem necessary. Sedimentation barriers shell serve as the limit ofwork unless another limit ofwork line has been approved by this Order. NOTICE OF STORMWATER CONTROL AND MAINTENANCE REQUIREMENTS 19. TheworkassmkdcdwithUsOrder(the"Project")is(1) f isnot(2)r subjmttothe MassachuseUs Swmwater Standards Ifthe wok is subject in Stommva Standards,am the project is subject in the following conditions; a) AI work including site preparation land disdnrbance,construction and redevelopment,shall be implemented in accordance with the construction period pollution prevention and erasion and sedimentation control plan and,ifappficable,the Stammerer Pollution Prevention Plan required by the National Pollution Discharge Elimination System Construction General Permit as required by Stormwater Standard 8.Construction period erosion,sedimentation and pollution control measures and beer management practices(BMPs)shall remain in place until the site is fully stabilized b) No stormwater nmoffmay be discharged to the post-canstructiom smrmwaler BMPs unless and unfil a Registered Professional Engineer provides a Certification that:i all construction period BMPs have been removed or will be removed by a date certain specified in the Certification For any construction period EMI's Intended an be converted to post construction operation for smrmwmr attenuation,recharge,and/or treatment,the conversion is allowed by the MassDEP Summoner Page 5 of 10*ELECTRONIC COPY U11Nassaelmsetts Department of Environmental Protection Provided by MassDEP. Bureau of Resource Protection-Wetlands MassDEP File#:242-1616 WrA Forte J-Order of Condiblass eDEP Transaction#:650020 Massachusetts Wetlands Protection Act M.G.L.c. 131,§40 CityTown:NORTH ANDOVER Handbook BMP specifications and that the BMP has been properly cleaned or prepared for post construction operation, including removal of all construction period sediment napped in into and outlet control snacbuen ai ere-buihfinel consuccoon ENT plans are included,signed and stamped by a Registered Professional Engineer,codifying the site is fully stabilized; any illicit discharges anthe stonawater management system have been removed,as per the requirements of Scmmwaam Standard 10;iv.all post-construction sucnnwaterBMPs are hblalled in accordance with the plans(including all planting plans)approved by the issuing authority,and have been inspected to ensure that they are not damaged and that they are in proper working condition;v.any vegetation associated with post-construction BMPs is suitably established to withstand erosion. c) The landowner is responsible for BMP maintenance until the issuing authority is notified that another party has legally assumed responsibility for BMP maintenance.Prim no requesting a Certificate of Compliance,or Partial Certificate of Compliance,the responsible parry(defined in General Condition 19(e))shall execute and submit to the issuing authority an Operation and Maintenance Compliance Statement("O&M Statement")for the Stmmwater BMPs identifying the petty responsible for implementing the smrmwater BMP Operation and Maintenance Plan("O&M Plan")and certifying the following:i.)t e O&M Plan is complete and will be implemented upon receipt ofthe Certificate of Compliance,and ii.)the fume responsible parties shall be notified in writing of their ongoing legal responsbility+n operate and maintain the sturmwatermanagement BMPs and implement the StormwalmPollution Prevenfion Plan. d) Post-construction pollution prevention and source control shall be implemented in accordance with the long-term pollution prevention plan section of the approved Stormwater Report and,if applicable,the Stamwater Pollution Prevention Plan required by the National Pollutant Discharge Elimination System Multi-Sector General Pettit e) Unless and until another party accepts responsibility,the landowner,or owner of any drainage easement,assumes responsibility far maintaining each BMP.To overcome this presumption,the landowner of the property most submit to the isswng adrody,a legally binding agreement of record,acceptable to the issuing authority,evidencing that mother early has accepted responsibility for maintaining the BMP,and that the proposed responsible parry shall be treated as a permittee for purposes of implementing the requirements of Conditions 19(f)through 19(k)with respect to that BMP.Any failure of the proposed responsible party to implement the requirements of Conditions 19(f)through 19(k)with respect to that BMP shell be aviolation of the Order of Conditions or Certificate of Compliance.In the case of stormwater BMPs am are serving more than one IM the legally binding agreement shell also identify the lots that will be serviced by the storm m er BMPs.A plan and easement deed that grants the responsible party access an perform the required operation and maintenance most be submitted along with the legally bindingagreemeat J) The responsible party shall operate and maintain all stormwater BMPs in accordance with the design plans,the O&M Plan, and the requirements of the Massachusetts Stmmwater Handbook. g) The responsible party shall: 1.Maintain an operation and maintenance log for the Iasi three(3)consecutive calendar yeas of inspections,repairs, maintenance and/or replacement of the stonnwater management system or any part thereof,and disposal(for disposal the log shall indicate the type of material and the disposal location); 2.Make the maintenance log available to MasaDEP and the Conservation Commission("Commission")upon reques5 and 3.Allow members and agents of the MassDEP and the Commission to enter and inspect the site to evaluate and ensure datthe responsible patty is in compliance with the requirements for each BMP established in the O&M Plan approved by the issuing amhorry. h) All sediment or othercontsminants removed from storawaterBMPs shall be disposed of in accordance with all applicable federal,state,and local laws and regulations. I) Illicit discharges to the storrowea management system as defined in 310 CMR 10.04 are prohibited. j) The stormwater management system approved in the Order of Conditions shall not be changed without the prim written approval of the issuing authority. k) Areas designated as qualifying pervious areasfor the purpose of the Low Impact Site Design Credit(as defined in the MassDEP Stmorwater Handbook Volume 3,Chapter I,Low Impact Development Site Design Credits)shall not be shared without the prior written approval of the issuing authority. q Access for maintemnce,repair,and/or replaeanent ofBMPs shall not be withheld.Any fencing constructed armed Page 6 of 10•ELECTRONIC COPY L1Maasaciasetta DWxrtn tef Eaviroamental Protection Provided by MassDEP: Bureau of Resource Protection-Wetlands MamDEP File#:242-1616 WPA Fwm5-Ordcr ofCaadibows eDEP Transaction#:650020 Massachusetts Wetlands Protection Act M.G.L.c. 131,§40 Chylfown:NORTH ANDOVER stonnuater BMPs shall include access gates and shall be at least six inches above glade to allow for wildlife passage SpndalCaadideas: SEE ATTACHED. Page 7 of 10 w ELECTRONIC COPY Massachusetts Department of Environmental Protectim Provided by MassDEP: Bureau of Resource Protection- Wetlands MassDEP File#:242-1616 L I WPA Foss 5-(WAw ofCoadifioas eDEP Transaction#:650020 Massachusetts Wetlands Protection Act M.G.L.c. 131,§40 City/Town:NORTH ANDOVER D. Fmm iW Under Municipal Wedands Bylaw or Ordinance L Is a municipal wetlands bylaw or ordinance applicable?F Yes r No 2. The Conservation Commission herebv(check one that applies): a r DENIES the proposed work which cannot be conditioned in most the standards set forth in a municipal ordinance or bylaw specit cally: 1.Municipal Ordinance or Bylaw 2.Citation Therdore,work an this project may not go forward unless and until arevised Notice of brain is submitted which provides measures which are adequate to meet these standards,and a final Order or Conditions is issued.Which are necessary W comply with amunicipal mdu ance or bylaw: b' F APPROVES the proposed work,subject m the following additional conditions. TOWN OF NORTH ANDOVER LMunicipal Ordininceor Bylaw WETLANDS 2.Citation CHAPTER 178 PROTECTION BYLAW 3. The Commission ordersthazall work shall be performed in accordance with the following conditions and with the Notice of hmart referenced above.Tothe e#entthatthe following conditions modify ordiffer from the plans,specifications,mother proposals submitted with theNotia of Intent,the conditions shall control. The special conditions relating to municipal ordinance or bylaw are as follows: SEE ATTACHED. Page 8 of 10•ELECTRONIC COPY Massachusetts Department of Environmental PoeiecYen Provided by MassDEP: Bureau of Resource Protection- Wetlands ManDEPFile#:242-1616 L I WPA Fwm 5-Order of Conditlons eDEP Transaction#:650020 Massachusetts Wetlands Protection Act M.G.L.c. 131,§40 Cay/fown:NORTH ANDOVER E. This�vallid firtivee years from the date ofissuance,unless otherwise specified purswulto General Condition#4.Ifthis is an Amended Order of Conditions,the Amended 1.DareofOnginal Order Order exphes on the same data as the original Order of Conditions Please indicatethe number ofinembers who will sign this form.This Order most be signed by amajontyofthe Conservation Commission. 2.Numberc Signer The Order most be mailed by ratified mail fretum receipt requested)orhand deliveredto the applicant A copy also must be mailed or hand delivered at the same time to the appropriate Deparanent ofEnvoommamal Protection Regional Office,ifnatfiWtg electronically,and the property owner,if different from applicant- Signatures: pplicarRSignatures: va C y and delivery on Ky certified m.11,return receipt requested,on sl�� li �l Data Dow F. Appe2ls The applicant,tine owner,my person aggrieved by this Order,any owner of land abutting the land subject to this Order,or any ten resident;oulie city or town in which such land is located,are hereby notified oftheir right to request the appropriate MassDEP Regional Office to issue a Superseding Order of Conditions.The request must be made by certified mail or hand delivery to the Department with the appropriate filing fee and acompleted Request for Depmtrnemal Action Fee Transmittal Foram,as provided in 310 CMR 10.03(7)within ten business days from the date ofissuance ofthis Order.A copy of the request shall Athe same time be sent by certified mail or hand delivery to the Conservation Commission and to the applicant,ifhe/she is not the appellant. Any appellants seeking to appeal the DepartmenPs Superseding Order associated with this appeal will be required to demonstrate prior participation in the review isdus project Previous participation in the peanut proceeding means the submission ofwrinar information to the Conservation Commission prior m the close ofthe public hearing requesting a Superseding Order,mproviding wrinm information to the Department prim m issuance of a Superseding Order. The request shall state clearly and concisely the objectiansto the Order which is being appealed and how the Order does not contribute re the protection ofthe interests identified in the Massachusetts Wetlands Protection Aa(M.G.L.c. 131,§40),and is inconsistent with the wetlands regulations(3 10 CMR 10.00).To the extem that the Order is based an amunicipal ordinance or bylaw, and not on the Massachusetts Wetlands Protection Act or regulations,the Department has no appellate jurisdiction. Page 9 of 10•ELECTRONIC COPY Massachusetts Department of Environmental Protection Provided by M—DEP: Bureau norm 5rrce Protection-Wetlands M ssDEPDEP sactio242-1616 U1 WPA Form 5-Order of Conditions eDEP Transaction#:650020 Massachusetts Wetlands Protection Act M.G.L.c. 131,§40 City/Cown:NORTH ANDOVER G. Recording Information This Order of Conditions most be recorded in the Regishy of Deeds or the Land Court for the dishict in which the land is located, within the chain of tide of the a7I'ectedproperty.In the case of recorded land,the Final Order shall also be noted in the Regish s Grantor Index under the name of the owner of the land subject to the Order.In the case of registered land,this Order shall also be noted on the Land Corot Certificate of Title of the owner of the land subject on the Order of Conditions.The recording information on this page shall be submitted to the Conservation Commission fisted below. NORTH ANDOVER Conservation Commission Detach on dotted line,have stamped by the Regisay of Deeds and submit to the Conservation Commission. .........................................................................................--........................................-.............................................................. ..... To: NORTH ANDOVER Conservation Comnusoon Please be advised that the Order of Conditions for the Project at: 316 GREAT POND ROAD 242-1616 Project Location MassDEP File Number Has been recorded at the Regishy of Deeds of. County Book Page for. Property Owner BILL AND JESSICAKARRAS and has been noted m the chain of title of the affected property in: Book Page In accordance with the Order of Conditions issued on: Date Ifrecordedland,the intarountnamber identifyingdushansechonis: InsumnsuNmnber Ifregistered land the document number identifying dtistmnsaction is: Document Number Signative of Applicant Rn.wvmio Page 10 of 10•ELECTRONIC COPY DEP FILE#242-1616 Findiims• • On May 6,2014 the North Andover Planning Board issued a Watershed Special Permit for the project proposed herein. Therefore, the North Andover Conservation Commission(hereafter the"NACC") hereby finds that the following conditions are necessary, in accordance with the Performance Standards set forth in the State Regulations, the local ByLaw and Regulations,to protect those interests noted above. The NACC orders that all work shall be performed in accordance with said conditions and with the Notice of Intent referenced below. To the extent that the following conditions modify or differ from the plans,specifications or other proposals submitted with the Notice of Intent,the conditions shall control. GENERAL CONDITIONS 20.The proposed work includes: construction of an in ground pool(with cartridge style- non-backwashing filter)with associated appurtenances, a paver patio,shed,retaining wall and fence within the 100-foot Buffer Zone to Bordering Vegetated Wetland (BV W). The project also includes a buffer zone restoration planting plan and permanent stone wall at the 25' No-Disturbance Zone.. 21.The work shall conform to the following(except as noted in the remainder of this document where revisions may be required): Applicant/Property Owner: Bill &Jessica Karras 316 Great Pond Road North Andover,MA 01845 Representative: Richelle Angell Arrow Environmental, LLC 26 Palanga Street Methuen, MA 01844 Site Plans prepared by: Sullivan Engineering Group, LLC Titled: #316 Great Pond Road Proposed Site Development Plan Located in North Andover,Massachusetts Dated: March 5,2014 Revised per Board Comments:4/15/14 Signed and Stamped by John D. Sullivan III,P.E. Welland Delineation: Richelle Angeli Date:June 2013 Revised by NACD: 4/15/14 242-1616,316 Great Pond Road OOC Special Conditions I NACC 5/162014 DEP FILE#242-1616 Other Record Documents: Swimming Pool Maintenance Requirements Date: April 24,2014 Prior Filings: DEP File #242-526 COC Issued: May 28,1992 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. 27. The work authorized hereunder shall be completed within three years from the date of this order. 28. This Order may be extended by the issuing authority for one but not more than two periods of up to one year each upon application to the issuing authority at least thirty days (30) prior to the expiration date of the Order (Refer to Section 8.3 of the North Andover Wetland Regulations). 242-1616,316 Great Pond Road OOC Special Conditions 2 NACC 5/16/2014 DEP FILE#242-1616 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.This Order of Conditions is issued in addition to the OOC issued under DEP File#242- 526 for house construction and site grading. A Certificate of Compliance for the subdivision was issued on May 28, 1992. 32. Any future project which proposes a wetland crossing in order to access certain portions of the property will not be qualified as a limited project roadway under 310 CMR 10.53(e). 33. A Conservation Restriction exists on the property and is designated on the approved plan referenced herein. 34. The following wetland resource areas are affected by the proposed work: Buffer Zone to Bordering Vegetated Wetland (BVW). This resource area is significant to the interests of the Act and Town ByLaw as noted above and therein. The applicant has not attempted to overcome the presumption of significance of this resource area to the identified interests. 35. The NACC agrees with the applicant's delineation of the wetland resource areas on site (Al -A10-flag A5 deleted)as shown on the plans dated referenced herein. 36.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(501 No-Construction Zone shall be established from the edge of the adjacent wetland resource except for areas shown as previously developed on the herein referenced plan.The Conservation Administrator and/or other agents of the NACC do not have the authority to waive these setbacks as established under the local bylaw. No disturbance of existing grade,soils or vegetation is permitted in the No-Disturbance zone. (See Section 3.4£d Appendix F of the local Regulations). 37.The applicant's proposal to restore the No-Disturbance Zone is acceptable to the NACC.The new No-Disturbance Zone will be monumented with a dry laid stone wall and by posts with wetland markers beyond the limits of the wall up to the tree line as shown on the herein referenced site plan.The area will be planted in accordance with the planting plan detailed on the approved plan. Plantings will be monitored for two growing seasons (fall and spring over the course of one year) with a monitoring 242-1616,316 Great Pond Road OOC Special Conditions 3 NACC 5/162014 DEP FILE#242-1616 report, including photographs,submitted to the NACC by November 1 and June 1 of each year. Plants that die or are not thriving during the monitoring period shall be replaced. 38.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. 39. 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 40. 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. 41.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 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. 42. 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 242-1616." 43. Any other 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 242-1616,316 Great Pond Road OOC Special Conditions 4 NACC 5/162014 DEP FILE#242-1616 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. 44. 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. 45. Prior to any work commencing on-site, the applicant shall submit to the NACC for approval,a dated and detailed sequence of construction,including the installation of erosion control,pool excavation and installation,shed construction,stone wall construction,planting and final stabilization. 46. 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. 47.Staked hay bales backed by trenched siltation fence or other erosion control (silt sock to be used in buffer zone restoration planting) approved by the Conservation Department shall be placed between all construction areas and resource areas as shown on the herein referenced plan. The erosion control barrier will be properly installed and placed as shown on the plans approved and referenced herein and shall be inspected and approved by the NACC or its agent prior to the start of construction and shalt 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 Commission's request. 242-1616,316 Great Pond Road OOC Special Conditions 5 NACC 5/16/2014 DEP FILE#242-1616 48.The applicant shall have on hand at the start of any soil disturbance,removal or stockpiling,a minimum of five (5) hay bales and sufficient stakes for staking these bales (or an equivalent amount of silt sock). Said bales 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 $1,500 which shall be in all respects satisfactory to Town Counsel,Town Treasurer, and the NACC,and shall be posted with the North Andover Town Treasurer through the NACC before commencement of work. Said deposit of money shall be conditioned on the completion of all conditions hereof,shall be signed by a party or parties satisfactory to the NACC,and Town Counsel,and shall be released after completion of the project,provided that provisions,satisfactory to the NACC,have been made for performance of any conditions which are of continuing nature. The applicant may propose a monetary release schedule keyed to completion of specific portions of the project for the NACCs review and approval. This condition is issued under the authority of the local ByLaw. 50.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 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. 51. 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. 242-1616,316 Gast Pond Road OOC special Conditions 6 NACC 5/162014 DEP FILE#242-1616 52. Prior to construction or when the permanent large rock wall is established,the applicant shall permanently mark the edge of the"25' No-Disturbance Zone' (or rock wall) on all delineated wetlands with signs or markers spaced evenly every 30 feet incorporating the following text: "Protected Wetland Resource Area" and the associated rules (1 square for every 3 round markers).The edge of tree line should be marked where the wall/posts end up to the roadway. Markers may be mounted to existing vegetation,4" x 4" pressure treated posts, or the required boulder wall.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). 53. 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. 54.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, and the applicant to ensure that all of the Conditions of this Order are understood. This Order shall be included in all construction contracts,subcontracts, and specifications dealing with the work proposed and shall supersede any conflicting contract requirements. The applicant shall assure that all contractors,subcontractors and other personnel performing the permitted work are fully aware of the permit's terms and conditions. Thereafter, the contractor will be held jointly liable for any violation of this Order of Conditions resulting from failure to comply with its conditions. The applicant or contractor shall notify the NACC in writing of the identity of the on-site construction supervisor hired to coordinate construction and to ensure compliance with this Order. A reasonable period of time shall be provided as notice of the pre-construction meeting (e.g. 72 hours). STORMWATER MANAGEMENT CONDITIONS 55.Water quality in down gradient BVW's shall not differ significantly following completion of the project from the pre-development conditions. There shall be no 242-1616,316 Gred Pond Road OOC Special Conditions 7 NACC 5/16/2014 DEP FILE #242-1616 sedimentation into wetlands or water bodies from discharge pipes or surface runoff leaving the site. 56. The applicants, owners,and their successors and assignees, shall maintain,in perpetuity,all culverts,collections basins,traps,outlet structures, subsurface storage areas,and other elements of the drainage system,in order to avoid blockages and siltation which might cause failure of the system and/or detrimental impacts to on-site or off-site resource areas, and shall maintain the integrity of vegetative cover on the site. DURING CONSTRUCTION 57. Upon beginning work,the applicant shall submit written progress reports every month detailing what work has been done in or near resource areas,and what work is anticipated to be done over the next period.This will update the construction sequence. 58. Dewatering activities are not anticipated or approved. 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(including the Buffer Zone). 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. 59. Construction access shall be over the existing driveway as shown on the approved plan. At the end of each work day,the driveway will be swept to prevent sediment tracking. 60. A loose stacked stone wall will be established at the 25' No-Disturbance Zone as shown on the approved plan referenced herein. This wall shall remain in place in perpetuity to protect the integrity and function of the 25' No-Disturbance Zone. 61. 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. 62. All exposed soil finish grade surfaces shall be immediately landscaped and stabilized, or loamed,seeded and mulched,with a layer of mulch hay. All disturbed areas must be graded,loamed and seeded prior to November 1st of each year.Outside of the growing season,exposed soil finish grade surfaces shall be stabilized with a layer of mulch hay or other stabilization method (as directed by the Conservation Department) until climate conditions allow for seeding. During construction,any area of exposed soils that will be left idle for more than 30 days shall be stabilized with a layer of mulch hay or other means as directed by the NACC. 242-1616,316 Great Pond Road COC Special Conditions 8 NACC 5/16/2014 DEP FILE#242-1616 63. 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. 64. There shall be no stockpiling of soil or other materials within 100-feet of any resource area. All stockpiled materials shall be stored in the area shown on the herein referenced plan. 65.Washings from concrete trucks, or surplus concrete,shall not be directed to,any drainage system, or wetland resource area. If truck washing is necessary an area shall be designated and approved by the Conservation Department. 66. 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. 67. Accepted engineering and construction standards and procedures shall be followed in the completion of the project. 68. 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 69. 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. 70. A non-backwashing,cartridge style filter will be installed for the pool. All pool maintenance will be done in compliance with the herein referenced"Swimming Pool maintenance Requirements". Draining of pool water is not permitted directly into an area subject to jurisdiction of the Wetlands Protection Act and/or the North Andover Wetland Bylaw(including catch basins). This condition shall survive the issuance of a Certificate of Compliance. 242-1616,316 Great Pond Road OOC Spmisd Conditions 9 NACC 5/16/2014 DEP PILE#242-1616 71. Fertilizers utilized for landscaping and lawn care shall be slow release, low-nitrogen, low phosphorous types(<5%),and shall not be used within 25 feet of a resource area. 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 survive the issuance of a Certificate of Compliance. 72. There shall be no dumping of leaves, grass clippings,brush,or other debris into a wetland resource area or beyond the limits of clearing. This condition shall survive the issuance of a Certificate of Compliance. 73. Upon completion of construction and grading,all disturbed areas located outside resource areas shall be stabilized permanently against erosion. This shall be done by loaming and seeding according to NRCS standards. Stabilization will be considered complete once full vegetative cover has been achieved. 74. Upon approved site stabilization by Conservation staff,the erosion controls shall be removed and properly disposed of and all exposed unvegetated areas shall be seeded. 75. 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-"Bequest for a Certificate of Compliance." b. A letter from the applicant requesting a Certificate of Compliance. c. The name and address of the current landowner. d. Signed statements from the individual property owners shall be submitted with the request for a Certificate of Compliance indicating that they read and understood the recorded Order of Conditions prior to purchasing their property. e. The name and address of the individual/trust or corporation to whom the compliance is to be granted. f. The street address and assessor's map/parcel number for the project. g. The DEP file number. h. A written statement from a Registered Professional Civil Engineer(and/or Registered Professional Land Surveyor) of the Commonwealth certifying that the work has been conducted as shown on the plan(s) and documents referenced above,and as conditioned by the Commission. i. An"As-Built' plan prepared and signed and stamped by a Registered Professional Civil Engineer(P.E.) (and/or Registered Professional Land Surveyor) of the Commonwealth,for the public record. This plan will include: ➢ "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. 242-1616,316 Great Pond Road OOC Special Conditions]0 NACC 5/16/2014 I r: DEP FILE#242-1616 ➢ "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 Welland 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 my disturbance of soils or vegetation. ➢ Location of all subsurface utilities entering the property. 76. The following special conditions shall survive the issuance of a Certificate of Compliance(COC) for this project: ➢ A 25' No-Disturbance Zone and a 50' No-Construction Zone shall be established from the edge of adjacent wetland resource areas on lot except in those locations approved under DEP#242-1616. Future work within 100' of existing wetland resource areas will require a separate filing with the NACC (See Section 3.4 of the Regulations for performance standards within these zones). The Conservation Administrator and/or other agents of the NACC do not have the authority to waive these setbacks as established under the local ByLaw; ➢ Resource Area Markers&Stone Wall Monumentation(Condition#52& #60) ➢ Discharge or spillage of pollutants (Condition#68); ➢ Prohibition of underground fuels(Condition#69); ➢ Non-backwashing,cartridge style filter(Condition#70); ➢ Limitations on the use of fertilizers,herbicides, and pesticides(Conditions #71); ➢ Prohibition of dumping of leaves, grass clippings, brush, or other debris (Condition#72). 242-1616,316 Great Pond Road OOC Special Conditions l 1 NACC 5/16/2014 DEP FILE#242-1616 APPENDIX A-AFFIDAVIT I, on oath do hereby depose and state: (authorized agent applicant and/or current owner) (PLEASE CHECK AT LEAST ONE BLOCK) L_ I am the of (position with applicant) (applicant name or company name) the applicant upon whom Order of Conditions have been placed upon by (DEP orNACC nmaber) the North Andover Conservation Commission. &/or 2._ I am the of (position with owner) (owner name) the owner upon whose land Order of Conditions have been placed up by (DEP or NACC number) the North Andover Conservation Commission. & 3. I hereby affirm and acknowledge that I have received said Order of Conditions and have read the same and understand each (DEP File#) and every condition which has been set forth in said Order of Conditions. & 4. I hereby affirm and acknowledge that on this day of 19 I inspected said property together with any and all improvements which have been made to the same and hereby certify that each and every condition set forth in Order of Conditions are presently in compliance. (DEP File#) & 5. 1 hereby affirm and acknowledge that this document will be relied upon by the North Andover Conservation Commission as well as any potential buyers of said property which is subject to said Order of Conditions (DEP File#) Signed under the pains and penalties of perjury this day of 19_. (Signature-authorized agent of applicant or owner) 242-1616,316 Great Pond Road OOC Special Conditions 12 NACC 5/16/2014 Sullivan Engineering Group, LLC Civil Engineers&Land Development Consultants SWIMMING POOL MAINTENANCE REQUIREMENTS 316 GREAT POND ROAD NORTH ANDOVER, MA 01845 "NI"ON April24,2014 CRUSHED STONE INFILTRATON TRENCH The crushed stone infiltration trench along the pool patio edge shall be inspected every six(6)months and after major storms. Debris shall be removed and the top layer of crushed stone shall be inspected for sedimentation. Areas found to be clogged shall be removed and replaced to a depth necessary to assure proper functioning of the trench. STORAGE OF CHEMICALS Pool chemicals shall be stored either inside the pool shed or the basement of the dwelling structure to ensure containment of any spill or drips. POOL DRAINDOWN At the time of pool closure for the season or anytime the pool needs to be drained the water shall not be discharged onsite. The owner shall engage a water hauling company to pump the water and truck the water away. Final disposal of the water by the water hauling company shall be in accordance with all federal and state regulations. 22 Mount Vemon Road — Boxford,Massachusetts 01921 — (978)352-7871-Phone _ 978 352-7871 -Fax