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310 CMR 10.99 ray;.
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• Form 5 NACC #4
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* - North Andover
- :- C ry•Town
Commonwealth
DiNisco Design
�* = of Massacnuseits aomcant
Main Street
-- North Andover Middle School
Order of Conditions
Massachusetts Wetlands Protection Act
O.L. C. 131 , §40
and under the Town of North Andover' s Wetlands Bylaw, Chapter 178
From North Andover Conservation Commission
DiNisco Design Partnership Limited Town of North Andover
Te
(Name of Applicant) (Name of property owner;
87 Summer Street Office of Town Manager
Adcress Boston MA 02110 Address 120 Main St. No. Andover MA 01845
This Orcer is issued and delivered as follows:
❑ by hand delivery to applicant or representative on - (date)
by certified mail. return receipt requested on
This project is located at Main Street, North Andover Middle School
The property is recoraed at the Registry of Deeds North Essex
Book 749,752,775,641 _ _page 194,350,440,423
Certr'icate(it recistered)
The Notice of Intent for this oro;ect was flea on May 5, 1995 (date)
•
The oubiic nearing was closed on May 17, 1995 Nate!
Findings
The North Andover oncarvati nn Commission has reviewed the above-referenced Notice of
Intent anc:.sans anc nas neid a pupiic nearing on the pr ojec*. Basea on the information avadapie to the
NACC at this time. the NACC has oeterrmined that
the area on which the proposed work is to be done is significant to the ialtowing interests in accordance with
the Presumptions of Significance set forth in me regulations:or each Area Suotect to Protection Unger the
Act 1ct:eck as appropriate): Ch.178 0 Prevention of erosion and sedimentation
Pubiic water supply Flood control ❑ Land containing shellfish
Private water supply Storm camace prevention ❑ Fisheries
Ground water supply Prevention of poituuon Protection of wildlife habitat
Ch. 178 Wildlife Ch.17 Recreation
Total Filing n=ee Submitted Slate Share
City,Town Share FEES WAIVED BY TOWN OF NO. ANDOVER_ fee in excess cf 525)
Total Refund Due S city/Town Portion S State Portion S
(1/2 total) (1/2 total)
NACC #4
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 above. To the
extent that the following conditions modify or differ from the plans, specifications or other
proposals submitted with the Notice of Intent, the conditions shall control.
GENERAL CONDITIONS
1. Failure to comply with all conditions stated herein, and with all related statutes and
other regulatory measures, shall be deemed cause to revoke or modify this Order.
2. 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.
3. This Order does not relieve the permittee or any other person of the necessity of
complying with all other applicable federal, state or local statutes, ordinances, by-laws
or regulations.
4. The work authorized hereunder shall be completed within three years from the date of
this order.
5. This Order may be extended by the issuing authority for one or more periods of
up to one year each upon application to the issuing authority at least 30 days prior to
the expiration date of the Order.
6. The proposed work includes construction of an addition to the existing North
Andover Middle School. Proposed construction to include addition, access
drive, appurtenances and landscaping.
7. The work shall conform to the following (except as noted in the remainder of this
document where revisions may be required):
Notice of Intent filed by : DiNisco Design Partnership Ltd.
87 Summer Street
Boston, MA 02110
DATED 5/5/95
Plans prepared by: "Existing Conditions Plan"
DiNisco Kretsch & Assoc.
DATED: 5/3/95 (Sheet NAI)
PLAN OF RECORD
CAWinword\00C\NACC4.doc 1 NACC 5/19/95
NACC #4
Plans cont. "Proposed Construction Plan 2:1"
DiNisco Design Partnership
DATED: 5/3/95 (Sheet NA2)
"Proposed Construction Plan, Option A 1:1"
DiNisco Design Partnership
DATED: 5/3/95 (Sheet NA2)
"Existing Drainage Plan"
DiNisco Kretsch & Assoc.
DATED: 5/3/95 (Sheet NA3)
PLAN OF RECORD
"Proposed Drainage Plan"
DiNisco Design Partnership
DATED: 5/3/95 (Sheets 1-2, NA4)
PLAN OF RECORD
"Drainage Calculations"
DiNisco Design Partnership
DATED: 5/3/95 (Sheet NA5)
PLAN OF RECORD
"Erosion Control Plan 2:1"
DiNisco Design Partnership
DATED: 5/3/95 (Sheet NA6)
"Erosion Control Plan, Option A 1:1"
DiNisco Design Partnership
DATED: 5/3/95 (Sheet NA6)
PLAN OF RECORD
"Planting Plan - Wetland & Habitat Replication
Plan 2:1"
�® '@ DiNisco Design Partnership
® DATED: 5/3/95 (NA7)
"Planting Plan - Wetland & Habitat Replication
Plan 1:1"
DiNisco Design Partnership
DATED: 5/3/95 (NA7)
CAWinword\00C\NACC4.doc 2 NACC 5/19/95
NACC #4
8. The following wetland resource areas and/or Buffer Zones are affected by the
proposed work: Freshwater Wetland. This resource area is significant to the Town
Bylaw only and not subject to protection under the Massachusetts Wetlands
Protection Act (310 CMR 10.00). This resource area is also significant to the
recreational and wildlife interests of the ByLaw. The applicant has not attempted to
overcome the presumption of significance of these resource areas to the identified
interests.
9. The NACC agrees with the applicant's delineation of the wetland resource areas on
the site as shown on the plans dated 5/3/95. Prior to the issuance of a Certificate of
Compliance, the applicant will submit a plan showing the site's wetland
delineation at a scale identical to the Town wetland map for this location.
10. Issuance of these Conditions does not in any way imply or certify that the site or
downstream areas will not be subject to flooding or storm damage.
11. 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.
12. In order to prevent any alteration of wetland resource areas beyond those proposed in
the Notice of Intent and approved herein, a twenty five (25) foot no-disturbance
zone and a fifty (50) foot no-construction zone shall be established from the edge
of the existing wetlands and upon completion of wetland replication, from said
area. No disturbance of existing grade, soils or vegetation is permitted in the no-
disturbance zone. (See Appendix 5 of the local Regulations).
13. All catch basins shall contain oil/gasoline traps, and it shall be a continuing condition
of this order, even after a Certificate of Compliance is issued, that the oil/gasoline
traps in the catch basins be maintained. All catch basins shall be free of all
accumulated silt and debris before a Compliance is issued and the owner or his/her ,f;
agent shall so specify in the request for Compliance. ��
a14- he NACCfinds the applicant's proposal for 1:1 replication (2,352 sq. ft.) to beadequate. A modified plan showing 1.1:1 (2,587sq-JT) replication shall be 11110
submitted to this Department for review and subsequent approval. This
submittal shall serve as the plan of record and supersede referenced plans herein.
In addition, the proposed wetland planting list is unsatisfactory. A modified
planting scheme exhibiting species listed as FAC or FAC W+- in the National
List of Plant Species That Occur in Wetlands-Region I Northeast shall be
submitted to this Department for review and subsequent approval. Proposed
planting of Hemlock(Tsuga canidensis) along the bank of the freshwater wetland
replication area and as shown on the"Planting Plan -Wetland &°Habitat
Replication Plan"shall be omitted and-replaced with RedMaple (Acer rubrum)
or a similar species approved by this Department. This submittal shall serve as
the plan of record and supersede referenced plans herein. The replication areas
CAWinword\000\NACC4.doc 3 NACC 5/19/95
NACC #4
shall be constructed prior to other construction activity on site and this sequence shall
be reflected in the construction sequence (see the Local Regulations for performance
standards for replacement wetlands).
PRIOR TO CONSTRUCTION
15. 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.
6. his 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.
(17. sign shall be displayed at the site not less than two square feet or more than three dw
square feet in size bearing the words`INACC #4".
18. Any changes in the submitted plans caused by the applicant, another Board's decision
or resulting from this Order of Conditions must be submitted to the NACC for
approval prior to implementation. If the NACC finds said changes to be significant,
the NACC will call for another public hearing(at the expense of the applicant). Within
21 days of the close of said public hearing the NACC will issue an amended or new
Order of Conditions. Any errors found in the plans or information submitted by the vvu
applicant shall be considered as changes. The proposed project may be still under
review by other local or state boards or agencies. This may result in changes to the
project plans or wetland impacts. If any such changes occur a revised plan and an
explanation of the revisions shall be submitted to the NACC for review and approval
prior to the start of construction. No work shall begin on a project until written
approval has been granted by the NACC.
(ahe 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 also shall be made a part of
the contractor's written contract. 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.
C:\Winword\O0C\NACC4.doc 4 NACC 5/19/95
NACC #4
orhe applicant shall submit a construction schedule/sequence to the NACC detailing the
oposed sequence of work on site to complete this project.
Ar X
21. V1 T etland flagging shall be checked prior to start of construction and shall be re-
established where missing so that erosion control measures can be properly placed and
wetland impacts can be monitored.
(2>2row of staked hay bales backed by trenched siltation fence shall be placed
between all construction areas and wetlands. Proposed erosion controls as shown
on the "Erosion Control Plan, Option A 1:1" DiNisco Design Partnership
DATED: 5/3/95 (Sheet NA6) is unsatisfactory. Haybales and trenched silt
fencing shall be placed along the southern side of the replication area as well.
The erosion control barrier will be properly installed and placed and shall be inspected
and approved by the NACC prior to the start of construction and shall remain intact
until all disturbed areas have been permanently stabilized to prevent erosion. All
erosion prevention and sedimentation protection measures found necessary during
construction shall be implemented at the direction of the NACC.
fr
23. he applicant shall have on hand at the start of any soil disturbance, removal or
stockpiling, a minimum of 25 hay bales and sufficient stakes for staking these bales
or an equivalent amount of silt fence). Said bales shall be used only for the control of
emergency erosion problems, and shall not be used for the normal control of erosion.
DURING CONSTRUCTION
24. 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.
25. 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.
26. No exposed area shall remain unfinished for more than thirty (30) days, unless
approved by the NACC.
27. No regrading 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.
28. There shall be no stockpiling of soilor other materials within twenty-five (25) feet of
any resource area.
CAWinword\00C\NACC4.doc 5 NACC 5/19/95
NACC #4
29. After proper grading, all disturbed areas located within a resource area which will not
remain as wetland areas, shall be loamed (minimum of 4" of quality loam), and
seeded. This shall all be done in accordance with SCS guidelines. All disturbed areas
located within wetland resource areas which are to be only temporarily disturbed
during construction, shall be restored to their original grade, soil profile and vegetative
cover. Soil used for this purpose will either be wetlands topsoil or a minimum of 4" of
quality loam.
30. Washings from concrete trucks, or surplus concrete, shall not be directed to, any
drainage system, or wetland resource area.
31. All waste generated by, or associated with, the construction activity shall be contained
within the construction area, 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.
32. Accepted engineering and construction standards and procedures shall be followed In
the completion of the project.
33. Members of the NACC or its agent shall have the right to enter upon and inspect the
premises to evaluate and/or effect compliance with this Order of Conditions. The
NACC reserves the right to require, following field inspection, additional information
or resource protection measures.
34. 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
35. No underground storage of fuel oils shall be allowed on any lot within one-hundred
(100) feet of any wetland resource area. This condition shall survive this Order of
Conditions, and shall run with the title of the property. This condition is issued under
the authority of the Town's Wetland protection ByLaw.
36. Fertilizers utilized for landscaping and lawn care shall be organic and low-nitrogen
content, and shall be used in moderation. Pesticides and herbicides shall not be used
within 100 feet of a wetland resource area. This condition is issued under the
authority of the Town's Wetland Protection ByLaw.
CAWinword\000\NACC4.doc 6 NACC 5/19/95
NACC #4
37. Upon completion of construction and grading, all disturbed areas located outside
resource areas shall be stabilized permanently against erosion. This shall be done
either by loaming and seeding according to SCS standards. If the latter course is
chosen, stabilization will be considered complete once vegetative cover has been
achieved.
38. Upon completion of the project, the applicant shall submit a letter to the NACC from a
Registered Professional Civil Engineer certifying compliance with this Order of
Conditions and the approved plans referenced herein (or approved revisions). A letter
from a qualified wetland scientist certifying compliance with local regulations is
also required for the Wetland Replication Area. A stamped "As-Built"
topographic plan of all areas within the jurisdiction of the Wetlands Protection Act and
Bylaw shall be submitted when a Certificate of Compliance is requested. This plan
will include:
A) "As-Built" elevations of all drainage structures constructed within 100 feet of any
wetland resource area;
B) "As-Built" elevations and grades of all filled or altered wetland resource areas;
C) Distances from structures to wetland resource areas;
D) A line showing the limit of work. "Work" includes any disturbance of soils or
vegetation.
39. The following special conditions shall survive the issuance of a Certificate of
Compliance for this project:
14. Maintenance of catch basins.
34. Discharge of spillage of pollutants.
35. Prohibition of storage of fuels underground.
36. Limitations on the use of fertilizers, herbicides and pesticides.
CAWinword\00C\NACC4.doc 7 NACC 5/19/95
p. NACC #4 Main Street, No. Andover Middle
School
Issued By NORTH ANDOVER _ Conservation Commission
Signature(s)
T h, rider must be signed by a majority of the Conservation Commission.
On this__. 17th day of May 19 95 before me
psrsorra;?y appeared George L. Reich , to me known to be the
person described in and who executed the foregoing instrument and acknowledged that lie.she executed
t;ie Sarre as his/her free act and deed.
% March 22, 2002
Notary Public Donna Mae D'A ata My commission expires
The applicant,the owner,any person aggrieved by this Order,any owner of land abutting the land upon which the proposed work is to be
done or any ten residents of the city or town in which such land is located are hereby notified of their right to request tire Department of
Environmental Quality Engineering to issue a Superseding Order,providing file request is made by certified mail or hand delivery to file
Department,with the appropriate filing fee and Fee Transmittal Form as provided in 310 CMR 10.03(7),within ten days frorn the dale of
issuance of this Order.A copy of the request shall at the same time be sent by certified mail or hand delivery to the Conservation
Commission and the applicant.
If you wish to appeal this decision under the Town Bylaw,
a complaint must be filed in Superior Court.
RECORDING INFORMATION:
Detach on dotted line and submit to the North Andover Conservation Comm. prior to commencement of work.
..................................................................................................................................................................................................................
North Andover Conservation Commission, 120 Main St. , North Andover M`jA 018/5
To Issu ng AuI only
Please be advised that the Order of Conditions for the project at
/'' NACC#4 Deeds , Northern Essex and
File Number �7�y has been recorded at the Registry of
has been noted in the chain of title of the affected property in accordance with General Condition 8 on
19 ✓
If recorded land, the instrument number which identifies this transaction is 1 �L-
If registered land, the document number which identifies this transaction is
Signature Applicant
5-4A