HomeMy WebLinkAboutMiscellaneous - 384 OSGOOD STREET r
Massachusetts Department of Environmental Protection
Bureau of Resource Protection -Wetlands DEP Fire Number:
WPA Form 5 - Order of Conditions 242-1264
Massachusetts Wetlands Protection Act M.G.L. c. 131, §40
A. General Information
Important: North Andover
When filling From: 1.Conservation Commission
out forms on
the computer, 2. This issuance is for(check one): ® Order of Conditions ❑ Amended Order of Conditions
use only the
tab key to 3. To: Applicant:
move your
cursor-do not Town of North Andover( DPW)
use the return a.First Name b.Last Name c.Company
key. 384 Osgood Street
d.Mailing Address
North Andover MA. 01845
e.City/Town f.State g.Zip Code
4. Property Owner(if different from applicant):
a.First Name b.Last Name c.Company
d.Mailing Address
e.Cityrrown f.State g.Zip Code
5. Project Location:
Osgood St, Mass Ave, Salem St., Johnson St. North Andover
Andover St. Old Center/Common Area b.Cityrrown
North Andover public roadways
c.Assessors MaplPlat Number d.Parcel/Lot Number
Latitude and Longitude, if known(note: 42 deg 40' 37" N 71 deg 06'26"W
electronic filers will click for GIS locator): e.Latitude f.Longitude
6. Property recorded at the Registry of Deeds for(attach additional information if more than one parcel):
Essex North
a.County b,Certificate(if registered land)
North Andover public roadways
c.Book d.Page
7/2/04 9/22/04 10/13/04
7. Dates: a.Date Notice of Intent Filed b.Date Public Hearing Closed c.Date of Issuance
s. Final Approved Plans and Other Documents(attach additional plan or document references as
needed):
Reconstruction of Old Center/Common Areas: Massachusetts Avenue, Andover Street, Osgood
Street, Johnson Street, in the Town of North Andover, dated August 19, 2004
b.Prepared By c.Signed and Stamped by
9/9/04
d.Final Revision Date e.Scale
see attached
f.Additional Plan or Document Title g.Date
9. Total WPA Fee Paid: a.Total Fee Paid b.State Fee Paid c.Cityrrown Fee Paid
wpafcrm5.doc• rev.10/25/04 Page 1 of 8
Massachusetts Department of Environmental Protection
Bureau of Resource Protection - Wetlands DEP File Number:
WPA Form 5 - Order of Conditions 242-1264
Massachusetts Wetlands Protection Act M.G.L. c. 131, §40
B. Findings
t. Findings pursuant to the Massachusetts Wetlands Protection Act:
Following the review of the above-referenced Notice of Intent and based on the information provided
in this application and presented at the public hearing, this Commission finds that the areas in which
work is proposed is significant to the following interests of the Wetlands Protection Act.Check all that
apply:
a. ® Public Water Supply b. ❑ Land Containing Shellfish c. ® Prevention of Pollution
d. Private Water Supply e. ❑ Fisheries f. ® Protection of Wildlife
Habitat
g. ® Groundwater Supply h. ® Storm Damage Prevention i. ® Flood Control
2. This Commission hereby finds the project,as proposed, is:(check one of the following boxes)
Approved subject to:
® the following conditions which are necessary in accordance with the performance standards set forth
in the wetlands regulations. This Commission orders that all work shall be performed in accordance
with the Notice of Intent referenced above, the following General Conditions, and any other special
conditions attached to this Order. To the extent that the following conditions modify or differ from the
plans, specifications, or other proposals submitted with the Notice of Intent, these conditions shall
control.
Denied because:
❑ the proposed work cannot be conditioned to meet the performance standards set forth in the wetland
regulations. Therefore, work on this project may not go forward unless and until a new Notice of Intent is
submitted which provides measures which are adequate to protect these interests, and a final Order of
Conditions is issued. A description of the performance standards which the proposed work cannot
meet is attached to this Order.
❑ the information submitted by the applicant is not sufficient to describe the site, the work, or the effect
of the work on the interests identified in the Wetlands Protection Act. Therefore,work on this project may
not go forward unless and until a revised Notice of Intent is submitted which provides sufficient information
and includes measures which are adequate to protect the Act's interests, and a final Order of Conditions
is issued.A description of the specific information which is lacking and why it is necessary is
attached to this Order as per 310 CMR 10.05(6)(c).
Inland Resource Area Impacts: Check all that apply below. (For Approvals Only)
Resource Area Proposed Permitted Proposed Permitted
Alteration Alteration Replacement Replacement
3. ❑ Bank a.linear feet b.linear feet c.linear feet d.linear feet
4. ❑ Bordering Vegetated
Wetland a.square feet b.square feet c.square feet d.square feet
5. ❑ Land Under a.square feet b.square feet c.square feet d.square feet
Waterbodies and
Waterways
e.cu.yd dredged f.cu.yd dredged
wpaform5.doc- rev.8/3/04 Page 2 of 8
Massachusetts Department of Environmental Protection
Bureau of Resource Protection - Wetlands DEP File Number:
WPA Form 5 - Order of Conditions 242-1264
Massachusetts Wetlands Protection Act M.G.L. c. 131, §40
B. Findings (cont.)
Resource Area Proposed Permitted Proposed Permitted
Alteration Alteration Replacement Replacement
6. E] Bordering Land Subject
to Flooding a.square feet b.square feet c.square feet d.square feet
Cubic Feet Flood
Storage e.cubic feet f.cubic feet g.cubic feet h.cubic feet
7. ❑ Isolated Land Subject
to Flooding a.square feet b.square feet
Cubic Feet Flood
Storage c.cubic feet d.cubic feet e.cubic feet f.cubic feet
8. ❑ Riverfront area a.total sq.feet b.total sq.feet
Sq ft within 100 ft c.square feet d.square feet
Sq ft between 100-200 ft e.square feet f.square feet
Coastal Resource Area Impacts: Check all that apply below. (For Approvals Only)
g. ❑ Designated Port Indicate size under Land Under the Ocean, below
Areas
10. ❑ Land Under the
Ocean a.square feet b.square feet
c.cu.yd dredged d.cu.yd dredged
11. ❑ Barrier Beaches Indicate size under Coastal Beaches and/or Coastal Dunes below
12. ❑ Coastal Beaches
a.square feet b.square feet c.Gy nourishmt. d.cry nourishmt.
13. ❑ Coastal Dunes a.square feet b.square feet C.cty nourishmt. d.cty nourishmt
14. ❑ Coastal Banks a.linear feet b.linear feet
15. ❑ Rocky Intertidal
Shores a.square feet b.square feet
16. ❑ Salt Marshes a.square feet b.square feet c.square feet d.square feet
17. ❑ Land Under Salt
Ponds a.square feet b.square feet
c.cu.yd dredged d.cu.yd dredged
18. ❑ Land Containing
Shellfish a.square feet b.square feet c.square feet d.square feet
19. ❑ Fish Runs Indicate size under Coastal Banks, inland Bank, Land Under the
Ocean, and/or inland Land Under Waterbodies and Waterways,
above
a.cu.yd dredged b.cu.yd dredged
20. ❑ Land Subject to
Coastal Storm Flowage a.square feet b.square feet
wpaform5.doc• rev.8/3/04 Page 3 of 8
Massachusetts Department of Environmental Protection
Bureau of Resource Protection - Wetlands DEP File Number:
WPA Form 5 - Order of Conditions 242-1264
` Massachusetts Wetlands Protection Act M.G.L. c. 131, §40
C. General Conditions Under Massachusetts Wetlands Protection Act
(only applicable to approved projects)
1. Failure to comply with all conditions stated herein, and with all related statutes and other regulatory
measures, shall be deemed cause to revoke or modify this Order.
2. The Order does not grant any property rights or any exclusive privileges; it does not authorize any
injury to private property or invasion of private rights.
3. This Order does not relieve the permittee or any other person of the necessity of complying with all
other applicable federal, state, or local statutes, ordinances,bylaws,or regulations.
4. The work authorized hereunder shall be completed within three years from the date of this Order
unless either of the following apply:
a. the work is a maintenance dredging project as provided for in the Act; or
b. the time for completion has been extended to a specified date more than three years, but less
than five years, from the date of issuance. If this Order is intended to be valid for more than three
years, the extension date and the special circumstances warranting the extended time period are
set forth as a special condition in this Order.
5. This Order may be extended by the issuing authority for one or more periods of up to three years each
upon application to the issuing authority at least 30 days prior to the expiration date of the Order.
6. Any fill used in connection with this project shall be clean fill. Any fill shall contain no trash, refuse,
rubbish, or debris, including but not limited to lumber, bricks, plaster, wire, lath, paper, cardboard,
pipe, tires, ashes, refrigerators, motor vehicles, or parts of any of the foregoing.
7. This Order is not final until all administrative appeal periods from this Order have elapsed, or if such
an appeal has been taken, until all proceedings before the Department have been completed.
8. No work shall be undertaken until the Order has become final and then has been recorded in the
Registry of Deeds or the Land Court for the district in which the land is located, within the chain of title
of the affected property. In the case of recorded land, the Final Order shall also be noted in the
Registry's Grantor Index under the name of the owner of the land upon which the proposed work is to
be done. In the case of the registered land, the Final Order shall also be noted on the Land Court
Certificate of Title of the owner of the land upon which the proposed work is done. The recording
information shall be submitted to this Conservation Commission on the form at the end of this Order,
which form must be stamped by the Registry of Deeds, prior to the commencement of work.
9. A sign shall be displayed at the site not less then two square feet or more than three square feet in
size bearing the words,
"Massachusetts Department of Environmental Protection" [or, WA DEP"]
"File Number
242-1264
wpaform5.doc rev.8/3/04 Page 4 of 8
Massachusetts Department of Environmental Protection
Bureau of Resource Protection - Wetlands DEP File Number:
1 WPA Form 5 - Order of Conditions 242-1264
Massachusetts Wetlands Protection Act M.G.L. c. 131, §40
C. General Conditions Under Massachusetts Wetlands Protection Act
10. Where the Department of Environmental Protection is requested to issue a Superseding Order, the
Conservation Commission shall be a party to all agency proceedings and hearings before DEP.
11. Upon completion of the work described herein, the applicant shall submit a Request for Certificate of
Compliance(WPA Form 8A) to the Conservation Commission.
12. The work shall conform to the plans and special conditions referenced in this order.
13. Any change to the plans identified in Condition#12 above shall require the applicant to inquire of the
Conservation Commission in writing whether the change is significant enough to require the filing of a
new Notice of Intent.
14. The Agent or members of the Conservation Commission and the Department of Environmental
Protection shall have the right to enter and inspect the area subject to this Order at reasonable hours
to evaluate compliance with the conditions stated in this Order, and may require the submittal of any
data deemed necessary by the Conservation Commission or Department for that evaluation.
15. This Order of Conditions shall apply to any successor in interest or successor in control of the
property subject to this Order and to any contractor or other person performing work conditioned by
this Order.
16. Prior to the start of work, and if the project involves work adjacent to a Bordering Vegetated Wetland,
the boundary of the wetland in the vicinity of the proposed work area shall be marked by wooden
stakes or flagging. Once in place,the wetland boundary markers shall be maintained until a Certificate
of Compliance has been issued by the Conservation Commission.
17. All sedimentation barriers shall be maintained in good repair until all disturbed areas have been fully
stabilized with vegetation or other means. At no time shall sediments be deposited in a wetland or
Water body. During construction, the applicant or his/her designee shall inspect the erosion controls
on a daily basis and shall remove accumulated sediments as needed. The applicant shall immediately
control any erosion problems that occur at the site and shall also immediately notify the Conservation
Commission,which reserves the right to require additional erosion and/or damage prevention controls
it may deem necessary. Sedimentation barriers shall serve as the limit of work unless another limit of
work line has been approved by this Order.
Special Conditions:
If you need more See attached
space for
additional
conditions,
select box to
attach a text
document
i
it
wpaform5.doc• rev.8/3/04 page 5 of 8
t
DEP FILE#242 - 1264
Therefore, the North Andover Conservation Commission(hereafter the"NACU) hereby
finds that the following conditions are necessary, in accordance with the Performance
Standards set forth in the State Regulations, the local ByLaw and Regulations, to protect
those interests noted above. The NACC orders that all work shall be performed in
accordance with said conditions and with the Notice of Intent referenced below. To the
extent that the following conditions modify_ or differ from the plans, specifications or other
proposals submitted with the Notice of Intent, the conditions shall control.
GENERAL CONDITIONS
18. 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.
19. 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.
20. 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.
21. The work authorized hereunder shall be completed within three years from the date of
this order.
22. 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 thirty days (30) prior to
the expiration date of the Order (Refer to Section 8.3 of the Nortli Andoz7er Wetland
Regulations).
23. 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.
C:\Winword\OOC\NACommonProject(DPW)242-1264.doc l NACC 10/25/04
DEP FILE #242 - 1264
24. 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.
25. 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.
26. 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.
27. The proposed work includes: the reconstruction and improvements to existing
roadways,installation of sidewalks,curbing,berms,traffic signals, and associated
signage, drainage system improvements,construction of a roundabout, landscaping
activities,and other associated improvement activities within the buffer zone to
bordering vegetated wetlands, associated intermittent streams and an isolated
vegetated wetland.
FINDINGS: The applicant's original filing submission in a letter prepared by
Guertin Elkerton&Associates,dated July 2,2004 states, "Whereas this project is
being funded by the Massachusetts Highway Department(MassHighway), this NOI
filing is exempt from local filing fees and local Conservation bylaws". During public
hearing discussions the North Andover Conservation Commission (NACC) found
that although MassHighway would be funding the project,the Town of North
Andover was the applicant and therefore was not exempt from the local bylaw and
its regulations, including applicable fees. Per Section 178.3 of the Bylaw
Exemptions,the NACC did not agree that the proposed work fell into any exemption
category. Although portions of the work would fall under exemption category four
(4) (Maintenance and repair of existing public ways), other proposed work would
not. Therefore, at their meeting of August 11,2004,the NACC voted for the project
to comply with both the state Wetlands Protection Act (M.G.L.c.131, section 40) and
the local Bylaw and Regulations (North Andover Wetlands Protection Bylaw
Chapter 178). The motion passed 4-1.
28. 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 for/by: Town of North Andover- DPW(Applicant)
384 Osgood Street
North Andover,MA 01845
C:\Winword\OOC\NACommonProject(DPW)242-1264.doc 2 NACC 10/25/04
r
DEP FILE #242 - 1264
Massachusetts Highway Department
10 Park Plaza
Boston, Ma 02116;
Supplemental Information
Report: Entitled "Reconstruction of Old Center/Common Area
-75% Submission"which includes the Stormwater
Management Alternative Analysis, Impervious Area
Project Summary,Stormwater Outfall Summary
Information,and Existing Conditions &Proposed
Conditions -Drainage Area Characteristics Plans.
Report dated August 4,2004;
NOI and Supplemental
Report Prepared by: Guertin Elkerton &Associates, Inc.(Representative)
Contact: Eric Carlson,P.E. Senior Project Manager
91 Montvale Avenue
Stoneham,MA 02180
Dated July 2004;
Alternative Analysis
Supplemental Letter/Report: Entitled"Alternative Analysis", dated August 4,2004,
prepared by Guertin Elkerton &Associates, Inc,
Portions revised,received dated August 10,2004;
Drainage Calculations
Document: Entitled "Reconstruction of Old Center/Common Area
-75% Submission- Drainage Calculations",prepared
by Guertin Elkertin &Associates, Inc., dated June 30,
2004,received August 5,2004;
Letters: Addressed to Alison McKay,Conservation Associate
from Guertin Elkerton &Associates,Inc., dated July 2,
2004;
Addressed to North Andover Conservation
Commission from Division of Fisheries &Wildlife -
Natural Heritage &Endangered Species Program,
dated August 5,2004;
Supplemental Record
Documents: "Massachusetts Avenue Prevention of Adverse
Impacts to Brook",No date,approved date 10/13/04;
C:\Winword\OOC\NACommonProject(DPW)242-1264.doc 3 NACC 10/25/04
f 1
DEP FILE #242 - 1264
Drainage Reviews: August 4,2004 letter prepared by Eggleston
Environmental;
August 10,2004 letter prepared by Eggleston
Environmental;
December 8,2003 letter prepared by Urban
Retail Properties;
September 7,2004 letter prepared by
Eggleston Environmental;
August 19,2004 letter prepared by Guertin Elkerton &
Associates;
Site Plans prepared by: Guertin Elkerton &Associates,Inc.
91 Montvale Avenue
Stoneham,MA 02180
Dated August 19,2004;
Entitled: *Sheet 1,Title Sheet &Index,entitled, "Reconstruction of Old Center/
Common Area: Massachusetts Avenue,Andover Street, Osgood Street,
Johnson Street in the town of North Andover", dated August 19,2004;
*Sheet 2, entitled, "Key Plan", dated 8-19-2004;
*Sheet 3,entitled, "Legend &General Notes", dated 8-19-2004;
*Sheets 4-8 entitled, "Typical Section s 32, dated 8-19-2004;
*Sheets 9 -12 entitled,"Construction Notes", dated 8-19-2004;
*Sheets 13 -16 entitled, "Stair &Ramp Details", dated 8-19-2004
*Sheets 17- 30, and 32,34,and 35,entitled, "Construction Plans", dated
8-19-2004;
*Sheets 31 and 33,entitled"Construction Plans",dated 9-9-2004;
*Sheets 36-54, entitled, "Drainage &Utilities", dated 8-19-2004;
*Sheets 55 -56,entitled,"Drainage Data Plans", dated 8-19-2004.
29. The following wetland resource areas are affected by the proposed work: Buffer Zone
to Bordering Vegetated Wetland and Isolated Vegetated Wetland, and Bank
associated with intermittent streams. These resource areas are significant to the
interests of the Act and Town ByLaw as noted above and therein. The applicant has
not attempted to overcome the presumption of significance of these resource areas to
the identified interests.
30. The NACC agrees with the applicant's delineation of the wetland resource areas on the
site as shown on the plans dated referenced herein.
C:\Winword\OOC\NACommonProject(DPW)242-1264.doc 4 NACC 10/25/04
DEP FILE#242 - 1264
31. The NACC finds that the intensive use of the upland areas and buffer zone proposed
on this site will cause further alteration,of the wetland resource areas. In order to
prevent any alteration of wetland resource areas a twenty-five foot(25') No-
Disturbance Zone and a fifty-foot(50') No-Construction Zone shall be established
from the edge of the adjacent wetland resource area except in those areas depicted on
the approved plans. The Conservation Administrator and/or other agents of the
NACC do not have the authority to waive these setbacks as established under the local
bylaw. No disturbance of existing grade, soils or vegetation is permitted in the No-
Disturbance zone. (See Section 3.4 &Appendix F of the local Regulations).
32. 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.
33. The owners of the project and their successors in title,in the event they proceed to alter
areas subject to the Commission's jurisdiction under the order, 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. Maintenance of the drainage system, if
accepted by the Town as part of a public way,becomes the responsibility of the Town.
34. The NACC finds the applicant responsible for wetland buffer zone mitigation in
those locations where the 25-foot No-Disturbance Zone cannot be adhered to. In
accordance with this condition,prior to construction activities,the applicant shall
submit a buffer zone mitigation plan to the Conservation Department for review and
approval. The mitigation areas shall be constructed immediately following work
activities and in accordance with the approved plan. This sequence shall be
reflected in the construction sequence. (Refer to Section 8.3 (p.37) of the local
Regulations for performance standards).
35. 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.
I
C:\Winword\OOC\NACommonProject(DPW)242-1264.doc 5 NACC 10/25/04
DEP FILE #242 - 1264
=PRIORO CONSTRUCTION
36. No work shall be undertaken until all administrative appeal periods from this Order
have elapsed or, if such an appeal has been filed, until all proceedings before the
Department or Court have been completed.
37. This Order shall be recorded by the applicant at the Registry of Deeds immediately
after the expiration of all appeal periods. No work shall be undertaken until the Final
Order has been recorded in the Registry of Deeds or the Land Court for the district in
which the land is located,within the chain of title of the affected property. In the case
of recorded land, the Final Order shall also be noted in the Registry's Grantor Index
under the name of the owner of the land upon which the proposed work is to be done.
In the case of 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.
38. Several signs shall be displayed at prominent locations along the work route not less
than two square feet or more than three square feet in size bearing the words
"Massachusetts DEP,File Number 242-1264.
39. Any changes in the submitted plans caused by the applicant,another Board's
decision or resulting from this Order of Conditions must be submitted to the NACC
for approval prior to implementation. If the NACC finds said changes to be
significant,the NACC will call for another public hearing(at the expense of the
applicant). Within 21 days of the close of said public hearing the NACC will issue an
amended or new Order of Conditions. Any errors found in the plans or information
submitted by the applicant shall be considered as changes. 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.
40. It is the responsibility of the applicant, owner, and/or successor(s) to ensure that all
conditions of this Order of Conditions are complied with. The project engineer and
contractors are to be provided with a copy of this Order of Conditions and referenced
documents before commencement of construction.
C:\Winword\OOC\NACommonProject(DPW)242-1264.doc 6 NACC 10/25/04
DEP FILE #242 - 1264
41. A check payable to the Town of North Andover shall be provided by the retained
company in which work will be completed by,not the Town of North Andover, in
the amount of$5,000,which shall be in all respects satisfactory to Town Counsel, Town
Treasurer, and the NACC, and shall be posted with the North Andover Town
Treasurer through the NACC before commencement of work. Said deposit of money
shall be conditioned on the completion of all conditions hereof, shall be signed by a
party or parties satisfactory to the NACC,and Town Counsel, and shall be released
after completion of the project, provided that provisions, satisfactory to the NACC,
have been made for performance of any conditions which are of continuing nature.
The applicant may propose a monetary release schedule keyed to completion of
specific portions of the project for the NACC's review and approval. This condition is
issued under the authority of the local ByLaw.
42. 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 stakes or flags and shall be confirmed by the NACC. Such markers 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. All flags used for the above purposes shall be of a color different from other
flagging used on the site.
43. A row of staked hay bales backed by trenched siltation fence shall be placed between
all construction areas and wetlands. 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 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. The
NACC reserves the right to impose additional conditions on portions of this project to
mitigate any impacts which could result from site erosion, or any noticeable
degradation of surface water quality discharging from the site. For example,
installation of erosion control measures may be required in areas not shown on the
plan(s) referenced in this Order of Conditions. Should such installation be required by
the NACC, they shall be installed within 48 hours of the Commissions request.
44. The applicant shall have on hand at the start of any soil disturbance, removal or
stockpiling, a minimum of 40 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.
C:\Winword\OOC\NACommonProject(DPW)242-1264.doc 7 NACC 10/25/04
DEP FILE #242 - 1264
45. The applicant shall designate a Wetland Scientist 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 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. 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 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.
46. 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.
47. Once these above mentioned pre-construction requirements are complete,the
applicant shall contact the Conservation Office prior to site preparation or
construction and shall arrange an on-site conference with an NACC representative,
the contractor,the engineer,wetland scientist and the applicant to ensure that all of
the Conditions of this Order are understood. This Order shall be included in all
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
C:\Winword\OOC\NACommonProject(DPW)242-1264.doc 8 NACC 10/25/04
! i
DEP FILE #242 - 1264
period of time shall be provided as notice of the pre-construction meeting(e.g. 72
hours).
=STORMWATER MANAGEMENT CONDITIONS
48. All construction and post-construction stormwater management systems shall be
conducted in accordance with the approved construction sequence (prior to any other
site work), supporting documents submitted with the Notice of Intent, the Department
of Environmental Protection Stormwater Management Policy, the Operation and
Maintenance Plan and as approved by the NACC in this Order of Conditions.
49. All stormwater best management practices shall be maintained in accordance with the
Towns Operation and Maintenance Plan. Evidence of maintenance of the stormwater
management system shall be provided to the NACC on an annual basis by a
Registered Professional Civil Engineer for a period of two (2) years from the date
said structures go "on-line".
50. There shall be no increase in the post development discharges from the storm drainage
system or any other changes in post development conditions that alter the post
development watershed boundaries as currently depicted in the Notice of Intent and
approved by this Order of Conditions, unless specifically approved in writing by the
NACC.
51. Water quality in down gradientBVW's shall not differ significantly following
completion of the project from the pre-development conditions. There shall be no
sedimentation into wetlands or water bodies from discharge pipes or surface runoff
leaving the site.
52. The applicants, owners, and their successors and assignees, shall maintain all culverts,
collections basins, traps, outlet structures, subsurface storage areas, and other elements
of the drainage system, unless put into an easement to the Town of North Andover, in
order to avoid blockages and siltation which might cause failure of the system and/or
detrimental impacts to on-site or off-site resource areas, and shall maintain the
integrity of vegetative cover on the site.
DURING CONSTRUCTION
53. Upon beginning work, the applicant shall submit written progress reports every week
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.
C:\Winword\OOC\NACommonProject(DPW)242-1264.doc 9 NACC 10/25/04
f
DEP FILE #242 - 1264
54.Work activities associated with the new Massachusetts Avenue outfall shall be
constructed in accordance with approved plans and documents,including all items
outlined in the document entitled "Massachusetts Avenue Prevention of Adverse
Impacts to Brook". Additionally,prior to any work activities in this location,bank
stabilization shall occur in the area immediately downstream of the outfall through
the use of properly installed geotextile fabric or matting. The Conservation
Administrator shall be contacted for an inspection of the required protection items
prior to the commencement of work in this location.
55. 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 Certificate of Compliance is issued and the owner or his/her
agent shall so specify in the request for Compliance.
56. Any de-watering activities anticipated shall be supervised and witnessed by the
designated erosion control monitor. This designee must be on-site while work specific
to dewatering is complete: De-watering activities shall be monitored daily by the
erosion control monitor to ensure that sediment laden water is appropriately settled
prior to discharge toward the wetland resource areas. No discharge of water is
allowed directly into an area subject to jurisdiction of the Wetlands Protection Act
and/or the North Andover Wetland Bylaw. If emergency de-watering requirements
arise,the applicant shall submit a contingency plan to the Commission for approval,
which provides for the pumped water to be contained in a settling basin, to reduce
turbidity prior to discharge into a resource area.
57. 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.
58. No exposed area shall remain unfinished for more than thirty (30) days, unless
approved in writing by the NACC or its designated agent.
59. 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.
60.There shall be no stockpiling of soil or other materials within twenty-five (25) feet of
any resource area.
61.Washings from concrete trucks, or surplus concrete, shall not be directed to, any
drainage system, or wetland resource area.
C:\Winword\OOC\NACommonProject(DPW)242-1264.doc 10 NACC 10/25/04
DEP FILE #242 - 1264
62. 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. However, no
trash dumpsters will be allowed within 100' of areas subject to protection under the
Act or local ByLaw.
63. Accepted engineering and construction standards and procedures shall be followed in
the completion of the project.
64. 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 7=1
65. 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.
66. Fertilizers utilized for landscaping and lawn care shall be slow release,low-nitrogen
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 Town's Wetland Protection ByLaw and
shall remain in perpetuity.
67. 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.
68. Upon approved site stabilization by Conservation staff,the erosion controls shall be
removed and disposed of properly. All exposed unvegetated areas under the erosion
controls shall be seeded immediately.
C:\Winword\OOC\NACommonProject(DPW)242-1264.doc 11 NACC 10/25/04
DEP FILE #242 - 1264
69. Upon completion of the project the applicant shall submit the following to the
Conservation Commission as part of a request for a Certificate of Compliance:
a. WPA Form 8A -"Request for a Certificate of Compliance."
b. A letter from the applicant requesting a Certificate of Compliance.
c. The name and address of the current landowner.
d. Signed statements from the individual property owners shall be submitted with
the request for a Certificate of Compliance indicating that they read and
understood the recorded Order of Conditions prior to purchasing their
property.
e. The name and address of the individual/trust or corporation to whom the
compliance is to be granted.
f. The street address and assessors map/parcel number for the project.
g. The DEP file number.
h. A written statement from a Registered Professional Civil Engineer 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 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 than the entire structure must be
depicted to accurately verify compliance.
➢ "As-Built" post-development elevations and grades of all filled or altered
wetland resource areas including the encompassing buffer zone,which is
regulated as a resource area under the local Wetland Protection Bylaw.
➢ "As-Built" locations of all restored areas within the 25' buffer zone.
➢ 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 AU disturbance of soils or vegetation.
➢ Location of all subsurface utilities entering the property.
C:\Winword\OOC\NACommonProject(DPW)242-1264.doc 12 NACC 10/25/04
DEP FILE #242 - 1264
70. The following special conditions shall survive the issuance of a Certificate of
Compliance (COC) for this project:
➢ 25' No-Disturbance Zone and a 50' No-Construction Zone shall be
established from the edge of adjacent wetland resource areas except in
those locations approved under this filing. Future work within 100' of
existing wetland resource areas will require a separate filing with the
NACC. The Conservation Administrator and/or other agents of the
NACC do not have the authority to waive these setbacks as established
under the local ByLaw;
➢ Maintenance of catch basins (Condition #55);
➢ Discharge or spillage of pollutants (Condition#64);
➢ Prohibition of underground fuels (Condition#65);
➢ Limitations on the use of fertilizers, herbicides and pesticides (Conditions
#66);
➢ Implementation of the Operation and Maintenance Plan
C:\Winword\OOC\NACommonProject(DPW)242-1264.doc 13 NACC 10/25/04
c
DEP FILE #242 - 1264
APPENDIX A-AFFIDAVIT
1, on oath do hereby depose and state:
(authorized agent applicant and/or current owner)
(PLEASE CHECK AT LEAST ONE BLOCK)
1. I am the I of
(position with applicant) (applicant name or company name)
the applicant upon whom Order of Conditions
have been placed upon by (DEP or NACC number)
the North Andover Conservation Commission.
Wor
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. I hereby affirm and acknowledge that this document will be relied upon by the
North Andover Conservation Commission as well as any potential buyers of
said property which is subject to said Order of Conditions
(DEP File#)
Signed under the pains and penalties of perjury this day of 19
(Signature-authorized agent of applicant or owner)
C:\Winword\OOC\NACommonProject(DPW)242-1264.doc 14 NACC 10/25/04
Massachusetts Department of Environmental Protection DEP File Number:
�-- Bureau of Resource Protection - Wetlands
WPA Form 5 Order of Conditions 242-1264
Massachusetts Wetlands Protection Act M.G.L. c. 131, §40
D. Findings Under Municipal Wetlands Bylaw or Ordinance
1. Furthermore, the North Andover hereby finds(check one that applies):
Conservation Commission
2. ❑ that the proposed work cannot be conditioned to meet the standards set forth in a municipal
ordinance or bylaw specifically:
a.Municipal Ordinance or Bylaw b.Citation
Therefore, work on this project may not go forward unless and until a revised Notice of Intent is
submitted which provides measures which are adequate to meet these standards, and a final Order of
Conditions is issued.
3. ® that the following additional conditions are necessary to comply with a municipal ordinance or
bylaw:
North Andover Wetland Protection Bylaw Chapter 178
a.Municipal Ordinance or Bylaw b.Citation
The Commission orders that all work shall be performed in accordance with the following conditions
and with the Notice of Intent referenced above. To the extent that the following conditions modify or
differ from the plans, specifications, or other proposals submitted with the Notice of Intent, the
conditions shall control.
If you need more c. The special conditions relating to municipal ordinance or bylaw are as follows:
space for
additional See attached
conditions,
select box to
attach a text
document
E. Issuance
This Order is valid for three years, unless otherwise specified as a special condition pursuant to General
Conditions V4, fr m the date of issuance.
/0//3 D
1. Dat of is uance
Please indicate the number of members who will sign this form:
This Order must be signed by a majority of the Conservation Commission. 2. Number of signers
The Order must be mailed by certified mail(return receipt requested) or hand delivered to the applicant. A
copy also must be mailed or hand delivered at the same time to the appropriate Department of
Environmental Protection Regional Office, if not filing electronically (see Appendix A ,the property
owner, if different from applicant.
Signatures:
i
wpaform5.doc• rev.8/3/04 Page 6 of 8
� ai
Massachusetts Department of Environmental Protection DEP File Number:
Bureau of Resource Protection -Wetlands
WPA Form 5 — Order of Conditions 242-1264
Massachusetts Wetlands Protection Act M.G.L. c. 131, §40
E. Issuance (cont.)
Notary Acknowledgement
Commonwealth of Massachusetts County of Essex North
eA41 Se e�+n ber aOo y
On this Day of Month I Year
Before me, the undersigned Notary Public, personally appeared
'Sc of-� Ma.s5 q—
Name of Document Signer
proved to me through satisfactory evidence of identification, which'was/were
Description of evidence of identification
to be the person whose name is signed on the preceding or attached document, and acknowledged to
me that he/she signed it voluntarily for its stated purpose.
As member of North Andover Conservation Commission
City/Town
8 n'H X ,
Signature of Notary Public
Dari A /n WQ)A�r
Printed Name of Notary Public
Place notary seal and/or any stamp above
My Commi i 1100oMEk a-ir
LfJCWALftpMaA*7'
This Order is issued to the applicant as follows:
�by hand delivery on ❑ by certified mail, return receipt requested,on
do/as/o�
Date Date
F. Appeals
The applicant, the owner, any person aggrieved by this Order, any owner of land abutting the land subject
to this Order, or any ten residents of the city or town in which such land is located, are hereby notified of
their right to request the appropriate DEP Regional Office to issue a Superseding Order of Conditions.
The request must be made by certified mail or hand delivery to the Department, with the appropriate filing
fee and a completed Appendix E: Request"of Departmental Action Fee Transmittal Form, as provided in
310 CMR 10.03(7)within ten business days from the date of issuance of this Order. A copy of the request
shall at the same time be sent by certified mail or hand delivery to the Conservation Commission and to
the applicant, if he/she is not the appellant.
The request shall state clearly and concisely the objections to the Order which is being appealed and how
the Order does not contribute to the protection of the interests identified in the Massachusetts Wetlands
Protection Act, (M.G.L. c. 131, §40)and is inconsistent with the wetlands regulations(310 CMR 10.00).
To the extent that the Order is based on a municipal ordinance or bylaw, and not on the Massachusetts
Wetlands Protection Act or regulations, the Department has no appellate jurisdiction.
wpaform5.doc• rev.8/3/04 Page 7 of 8
Massachusetts Department of Environmental Protection
Bureau of Resource Protection - Wetlands DEP File Number:
WPA Form 5 - Order of Conditions 242-1264
Massachusetts Wetlands Protection Act M.G.L. c. 131, §40
G. Recording Information
This Order of Conditions must be recorded in the Registry of Deeds or the Land Court for the district in
which the land is located, within the chain of title of the affected property. In the case of recorded land, the
Final Order shall also be noted in the Registry's Grantor Index under the name of the owner of the land
subject to the Order. In the case of registered land, this Order shall also be noted on the Land Court
Certificate of Title of the owner of the land subject to the Order of Conditions. The recording information
on Page 7 of this form shall be submitted to the Conservation Commission listed below.
North Andover
Conservation Commission
Detach on dotted line, have stamped by the Registry of Deeds and submit to the Conservation Commission.
---------------------------------------------------------------------------------------------------------------------------
To:
North Andover
Conservation Commission
Please be advised that the Order of Conditions for the Project at:
242-1264
Project Location DEP File Number
Has been recorded at the Registry of Deeds of.
County Book Page
for:
Property Owner
and has been noted in the chain of title of the affected property in:
Book Page
In accordance with the Order of Conditions issued on:
Date
If recorded land, the instrument number identifying this transaction is:
Instrument Number
If registered land, the document number identifying this transaction is:
Document Number
Signature of Applicant
wpaform5.doc• rev.8/3/04 Page 8 of 8