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Home My WebLink AboutTOWN OF NORTH ANDOVER (13) Town of North Andover Office of the Conservation Department Via'>'" Community Development and Services Division 27 Charles Street "ss�cr+ugf` North Andover,Massachusetts 01845 Telephone(978)688-9530 Alison E.McKay Conservation Administrator Fax(978)688-9542 Modification to Order of Conditions The NORTH ANDOVER CONSERVATION COMMISSION agreed to accept Applicant: KL ik Ar-vet 5-E-64( C'm M1-4e-e- 7,5 ;-4Ge-7,5 ais-Ke,,I,,,; R00.A iVOri-� A, jer e, Ll A O18 IS 5<G-0C,5 `,51 U Ay' fy6,o f Se men+r!'o,r�ro�s 4,--Pr,w re r. e- J -rr4 OsaooJ ;s+retk in I ,A-Ayy.✓.mAA,, RAA 2 ,,,:s" 9116 .5KA--'-q0.�' 1�erar at H-7 Ne,'4hborNorth -A", e.d lar l 00 as a Modific t}oito the Order of Conditions is ued in File 42- 1 D N5 dated ahlb . and recorded ink,Kb JIS � _ Issued by the NORTH ANDOVE CONSERVATION COMMISSION: On this as"d of ejt qe o efore me personally appeared Scott Masse to me clay month/yr known to be the person described in and who executed the foregoing instrument and acknowledged that he/she executed the same as his/her free act and deed. WNW 14 IMPRA Notary Public M coi oMonNwF�sacl+usErrs AdYCa m.Exp0esaU9.7,2009 A receipt from the Lawrence Registry of Deeds must be submitted to this office showing that this Modification has been recorded and referenced to the book and page numbers. BOARD OF.XPEA.S 688-9541 BUILDING 688-9545 CONSERV aTK?N 688-9530 HEALTH 688-9540 PLANNING 688-9535 Massachusetts Department of Environaxwfa/Protection 675 Chickering Road Bureau of Resource Protection- Wetlands (North Andover High School) MPA Form 2 - Determination of Applicability Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 General Information From: 3. Title and Final Revision Date of Plans and Other Documents: it - tl NORTH ANDOVER Conservation Commission �W 1. Applicant: North Andover School Bldg Committee Yl OD Name of Person MakingRegYest c o Superintendent of �- 675 Chickering Road Schools1% 1019qS kU — MailingAddr07ess North Andover, MA 01845 1 J T City/Iown state Zip Code 2. Property Owner: Town of North Andover Name of Aopeny Owmr ffdiffewr from applicaiu) 675 Chickering Road Mailing Address North Andover, MA 01845 Ci 17— slate Zip Code Determination Pursuant to the authority of M.G.L.c.131;§40,the NORTH ANDOVER Conservation Commission has considered your Request for a Determination of Applicability,with its supporting documentation,and has made the following Determination regarding: 675 Chickering Road StrW Address North Andvoer, MA 01845 City -x Zip Code 92 3 AssessasMaplPlati Parcetrlott n......, ,.F A Massachusetts Department ofEnvironnxWa/Protection 675 Chickering Road Bureau of Resource Protection- Wetlands (North Andover High school) WPA Form 2 - Determination of Applicability Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 Determination (cont) The following Determination(s) is/are applicable to the C9'5.The area andfor work described on plan(s)and proposed site and/or project relative to the Wetlands document(s)referenced above,which includes all or part of Protection Act and Regulations: the work described in the Request,is subject to review and approval by Positive Determination NORTH ANDOVER Note:No work within the jurisdiction of the Wetlands Name ofAtinkipaiq Protection Act may proceed until a final Order of Conditions (issued following submittal of a Notice of Intent or pursuant to the following wetlands law,bylaw,or ordinance Abbreviated Notice of Intent)has been received from the (name and citation of law). issuing authority viconservation commission or the 1-7 95 C p Department of Environmental Protection). �—�� A [11.The area described on the plan(s)referenced above, ,`� Or A-Y-xd 01/�'n which includes all or part of the area described in the Request, is an area subject to protection under the Act. Therefore,any removing,filling,dredging,or altering of that area requires the filing of a Notice of Intent. ❑ 6.The following area andfor work,if any,is subject to V2.The delineations of the boundaries of the resource municipal bylaw but not subject to the Massachusetts areas listed directly below,described on the plan(s) Wetlands Protection Act: referenced above,which includes all or part of the area described in the Request,are confirmed as accurate: �pDr� V2Aeta�le.�. (CvP�-fnu,ds . -�(�ti, 4a of LLK (Cody C-k w i CK 8n o K i a 'O s ❑ 7. If a Notice of Intent is filed for the work in the Riverfron t Area described on plans and documents referenced above, a� �JI� 9R Shee.f 3of': 5 revis Therefore,the resource area boundaries confirmed in hi R9, which eludes all or part of the work described in the ' Request,the applicant must consider the following. Determination are binding as to all decisions rendered alternatives(Refer to the Wetlands Regulations at pursuant to the Wetlands Protection Ad andits regulations regarding such boundaries for as long as this Determina- 10.58for more information about the scope of tion is valid.However,the boundaries of resource areas not alternaativetive requirements) listed directly above are not confirmed by this Determina- ❑ Alternatives limited to the lot on which the project is tion,regardless of whether such boundaries are contained located. on the plans attached to this Determination or to the Request for Determination. ❑ Alternatives limited to the lot on which the project is ❑ 3.The work described on plan(s)and document(s) located,the subdivided lots,and any adjacent lots formerly referenced above,which includes all or part of the work or presently owned by the same owner. described in the Request,is within an area subject to ❑ Alternatives limited to the original parcel on which the protection under the Act and will remove,fill,dredge,or project is located,the subdivided parcels,any adjacent after that area.Therefore,said work requires the filing of a parcels,and any other land which can reasonably be Notice of Intent. obtained within the municipality. ❑ 4.The work described on plan(s)and document(s) referenced above,which includes all or part of the work be El Alternatives extend to any sites which can reasonably described in the Request,is within the Buffer Zone and will obtained within the appropriate region of the state. alter an Area subject to protection under the Act.Therefore, said work requires the filing of a Notice of Intent. n.... �n,nn f1......'f..F A Massachusetts Department of Environmental Protection 675 Chickering Road Bureau of Resource Protection- Wetlands , (North Andover High school.) WPA Form 2 - Determination of Applicability Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 Determination (cont.) Negative Determination ❑ 5.The area described in the Request is subject to protection Note: No further action under the Wetlands Protection Act under the Act.Since the work described therein meets the is required by the applicant.However,if the Department of requirements for the following exemption,as specified in Environmental Protection is requested to issue a Supersed- the Act and regulations,no Notice of Intent is required: ing Determination of Applicability,work may not proceed on this project unless the Department fails to act on such request within 35 days of the date the request is post ExenptAaWy marked for certified mail or hand delivered to the Depart- ment.Work may then proceed at the owner's risk only upon notice to the Department and to the conservation ❑ 6.The area and/or work described in the Request is not commission.Requirements for requests for Superseding subject to review and approval by Determinations are listed at the end of this document. ❑ 1.The area described in the Request is not an area subject NarrreofAtntf asy to protection under the Act or the Buffer Zone. pursuant to a municipal wetlands law,ordinance,or bylaw, ❑ 2.The work described in the Request is within an area (name and citation of bylaw). subject to protection under the Act,but will not remove,fill, dredge,or alter that area.Therefore,said work does not require the filing of a Notice of Intent ❑ 3.The work described in the Request is within the Buffer Zone,as defined in the regulations,but will not alter an Area subject to protection under the Act.Therefore,said work does not require the filing of a Notice of Intent. ❑ 4.The work described in the Request is not within an Area subject to protection under the Act(including the Buffer Zone).Therefore,said work does not require the filing of a Notice of Intent,unless and until said work alters an Area subject to protection under the Act. AdhorlZadon This Determination must be signed by a majority of the conservation commission.A copy must be sent to the This Determination is issued to the applicant and delivered appropriate Department of Environmental Protection as follows: regional office(see appendix A)and the property owner(if different from the applicant). ❑ by hand delivery on Signatures: Date by&YdM mail,r'RW44QWK4MfOon September 2, 1999 Die This Determination is valid for three years from the date of issuance(except Determinations for Vegetation Management Plans which are valid for the duration of the Plan). This Determination does not relieve the applicant from complying with all other applicable federal,state,or local statutes,ordinances,bylaws,or regulations. September 1, 1999 Do1�......0..F A Massachusetts Department of Environmental Protection 675 Chickering Road Bureau of Resource Protection Wetlands (North Andover High School) WPA Form 2 - Determination of Applicability Massachusetts Wetlands Protection Act M.G.L. c. 131, §44 Appeals The applicant,owner,any person aggrieved by this Determina- issuance of this Determination.A copy of the request shall at tion,any owner of land abutting the land upon which the the same time be sent by certified mail or hand delivery to the proposed work is to be done,or any ten residents of the city or conservation commission and to the applicant if he/she is not town in which such land is located,are hereby notified of their the appellant The request shall state clearly and concisely the right to request the appropriate Department of Environmental objections to the Determination which is being appealed.To the Protection Regional Office to issue a Superseding Determina- extent that the Determination is based on a municipal bylaw, tion of Applicability.The request must be made by certified and not on the Massachusetts Wetlands Protection Act or mail or hand delivery to the Department,with the appropriate regulations,the Department of Environmental Protection has no filing fee and Fee Transmittal Form(see Appendix E: Request appellate jurisdiction. for Departmental Action Fee Transmittal Form)as provided in 310 CMR 10.03(7)within ten business days from the date of n...,.. A nF A Massachusetts Department ofEnvironmenta/Protection 675 Chickering Road Bureau of Resource Protection- Wetlands (North Andover High school) A Appendix E .Request for Departmental Action Fee Transmittal Form Massachusetts Wetlands Protection Act M.G.L. c. 131, X40 Please type or print clearly all Request Information information requested on this form. 1. Person or parry making request(if appropriate,name the 2. Applicant(as shown on Notice of Intent,Abbreviated Notice citizen group's representative): of Resource Area Delineation,or Request for Determination of Applicability): Name Name Malting Address Mailing Address CIVTown aty/town Rate Zip Code state Zip Code Phone Number Ph"Ntenber Fax Number(V appllcable) Fax Number(d appraable) Project Location: DEP File Number: 9reetAddress Cky/Town Instructions 1. When the departmental action request is for(check one): 2. On a separate sheet attached to this form,state clearly and concisely the objections to the Determination or Order ❑ Superseding Order of Conditions which is being appealed.To the extent that the Determina- ❑ Superseding Determination of Applicability tion or Order is based on a municipal bylaw,and not on the ❑ Superseding Order of Resource Area Delineation Massachusetts Wetlands Protection Act or regulations,the Department of Environmental Protection has no appellate Send this form and a check or money order for$50.00, jurisdiction. payable to the Commonwealth of Massachusetts,to: 3. Send a copy of this form and a copy of the check or money Dept.of Environmental Protection order with the Request for a Superseding Determination or Box 4062 Order by certified mail or hand delivery to the appropriate Boston,MA 02211 DEP regional office as listed in Appendix A. 4. A copy of the request shall at the same time be sent by certified mail or hand delivery to the conservation commis- sion and to the applicant,if he/she is not the appellant. �ORTM Town of North Andover p� ., Eil Office of the Planning Department RECF Community Development and Services DiviSR 1404CL 27 Charles StreetQRTN AND North Andover Massachusetts H�s� Heidi Griffin 2001 MAY ,texle(( '771 e )688-9535 Planning Director 6 542 Notice of Decision Any appeal shall be filed Within (20) days after the Date of filing this Notice In the Office of the Town Clerk Date: May 14,2001 Date of Hearing: April 3, 2001, April 17,2001 &May 1,2001 Petition of. North Andover School Department 675 Chickering Road,North Andover Premises affected: 675 Chickering Road Referring to the above petition for a special permit from the requirements of the North Andover Zoning Bylaw Sections 8.3, 10.3 and 10.31. So as to allow: the construction of a 300,649 square foot high school building within the Residential-2 Zoning District. After a public hearing given on the above dates,the Planning Board voted to APPROVE the Special Permit for Site Plan Review, based upon the following conditions: Signed Alison Lescarbeaut Chairman CC: Applicant John Simons,Vice Chairman Engineer Alberto Angles,_ Abutters Richard Nardella DPW Richard Rowen Building Department Conservation Department Health Department ZBA BOARD OF APPEALS 688-9541 BUILDINGS 688-9545 CONSERVATION 688-9530 HEALTH 688-9540 PLANNING 688-9535 Site Plan Revieyv - Special Permit 675 Chickering Road—North Andover High School The Planning Board herein approves the Special Permit/Site Plan Review for the construction of 300,649 square foot high school building. This building is located in the Residential-2 Zoning District. This Special Permit was requested by the North Andover School,Department, 675 Chickering Road, North Andover, MA 01845 This application was filed with the Planning Board on February 16, 2001. The applicant submitted a complete application which was noticed and reviewed in accordance with Sections 8.3, 10.3, and 10.31 of the Town of.Noah Andover Zoning Bylaw and MGL Chapter 40A, Sgction 9. The Planning Board makes the following findings as required by the North Andover Zoning Bylaws Section 8.3 and 10.3: FINDINGS OF FACT: 1. The specific site is an appropriate location for the project as it is located in the Residential 2 Zone and involves the construction of a permitted use within this zone. 2. The use as developed will not adversely affect_the neighborhood as a sufficient buffer has been provided. Extensive landscaping has been provided around the frontage of Chickering Road and the perimeter of the property near Osgood Street and the abutting residential property. Furthermore, the majority of the parking has been located along Chickering Road so_as to not be obtrusive to the nearby residential neighborhoods. The overall layout of the site has been designed to focus on the traditional architecture and provide site amenities designed at a pedestrian scale. 3. There will be no nuisance or serious ,hazard to vehicles or pedestrians. The applicant has demonstrated that the curb radii for the entrance/egress driveways is adequate. In addition, the project proposes pedestrian walkways into the site allowing for pedestrian and bicycle traffic ,from surrounding residential neighborhoods. 4. The landscaping approved as a part of this plan meets the requirements of Section 8.4 as amended by the Planning Board, of the North Andover Zoning Bylaw; 5. The site drainage system is designed in accordance with the Town Bylaw requirements and has been reviewed and approved by the Outside Consulting Engineer, Vanasse,Hangin,Brustlin, Inc.; 6. The applicant has met the requirements of the Town for Site Plan Review as stated in Section 8.3 of the Zoning Bylaw. 7. Adequate and appropriate facilities will be provided for the proper operation of the q - . . . proposed use. The project is extending_municipal_water,sewer and Utilities to the property to adequately address the needs of the project. 1 Finally the Planning Board finds that this project generally complies with the Town of North Andover, Zoning Bylaw requirements as listed in Section 8.35 but requires conditions in order to be fully in compliance. The Planning Board hereby grants an approval to the applicant provided the following conditions are met: SPECIAL CONDITIONS: 1. Environmental Monitor The applicant shall designate an independent environmental monitor who shall be chosen in consultant with the Planning Department. The Environmental Monitor must be available upon four (4) hours' notice to inspect the site with the Planning Board designated official. The Environmental Monitor shall make weekly inspections of the project and file monthly reports to the Planning Board throughout the duration of the project. The monthly reports shall detail area of non- compliance, if any and actions taken to resolve these issues 2. Construction Monitor: The applicant shall designate an independent construction monitor who shall be chosen in consultant with the Planning Department. The construction monitor must be available upon four(4) hours' notice to inspect the site with the Planning Board designated official. The Construction Monitor shall make weekly inspections of the project and file monthly reports to the Planning Board throughout the duration of the project. The monthly reports shall detail area of non- compliance, if any, and actions taken to resolve these issues. 3. Prior to the endorsement of the plans by the Planning Board, the applicant must comply with the following conditions: a) The final Ilan must be reviewed and approved by the DPW, VHB and the Town Planner and subsequently endorsed by the Planning Board. The final plans must be submitted for review within ninety days of filing the decision with the Town Clerk. b) The North Andover Planning Board has determined that.in.lieu of posting a construction bond, the Town of North Andover School Department acknowledges they shall comply with the conditions set forth in this decision. The reason.for the absence of posting such a bond is that this requirement would only_necessitate the allocation of funds from the town itself. however, the Town of North Andover School Department acknowledges that it will immediately rectify, within 48 hours, any issues that should arise during the construction process_in.the absence of the posting of a construction bond. 4. Prior to the start of construction: a) A pre-construction meeting shall be held with the applicant, Town Planner, Director of Engineering from the Department of Public Works, 2 and the designated Environmental Monitor and Construction Monitor as listed in Conditions#1 and #2. The purpose of this meeting will be to review the phasing of the development and for the applicant to submit a construction schedule shall be submitted to all at the pre-construction meeting for the purpose of tracking the construction and informing the public of anticipated activities on the site. The applicant will also discuss the proposed construction phasing and any possible road closures and/or traffic mitigation which may occur as a result of the construction. b) During construction,the site must be kept clean and swept regularly. 5. Prior to FORM U verification (Building Permit Issuance): a) The Plannipg Board must Endorse the final site plan mylars and three (3) copies of-the signed plans must be delivered to the Planning Department. b) One certified copy of the recorded decision must be submitted to the Planning Department. C) The applicant shall adhere to the following requirements of the North Andover Fire Department and the North Andover Building Department: 1) All structures must contain a commercial fire sprinkler system. The plans and hydraulic calculations for each commercial system shall be submitted for reyiew and approval by the North Andover Fire Department. Plans and hydraulic calculations for each commercial system must also be supplied to the Building Department. d) The applicant must supply a copy of the approved Massachusetts Highway Department permits necessary for access and construction of the site to the Planning Department. The applicant must also supply a copy of the approved Commonwealth Agency permits as follows: • Architectural Access Board; • Massachusetts Historical Commission. 6. Prior to verification of the Certificate of Occupancy: a) The applicant must submit a letter from the architect and engineer of the project stating that the building, signs, landscaping, lighting and site layout substantially comply with the plans referenced at the end of this decision as endorsed by the Planning Board. b) The Planning Staff shall approve all artificial lighting used to illuminate the site. Alt lighting shall be built in accordance with the documentation provided in the packet of information submitted to the Planning Board on February 16, 2001, denoted as Attachment 15, Site Lighting Fixture Cuts. All lighting shad have underground wiring and shall be so arranged that 3 all direct rays from such lighting falls entirely within the site and shall be shielded or recessed so as not to shine upon abutting properties or streets. The Planning Staff shall review the site. Any changes to the approved lighting plan as may be reasonably required by the Planning Staff shall be made at rhe-owner's expense. All site lighting shall provide security for the site and structures however it must not create any glare or project any light onto adjacent residential properties. c) The commercial fire sprinkler systems must be installed in accordance with referenced standard NFPA 13D and in accordance with 780 CMR, Chapter 9 of the Massachusetts State Building Code. Certification that the systems have been installed properly in accordance with the above referenced reg*-ions must be provided from both the North Andover Fire Department and the North Andover Building Department to the applicant. The applicant must then provide this written certification to the North Andover Planning Department. d) All sewer line extension work must be completed, inspected and approved by the Department of Public Works. The applicant must then provide this written certification to the North Andover Planning Department. e) The pedestrian and bicycle _pathway as depicted on the plans must be constructed and approved,through a site inspection,by the Town Planner. 7. Prior to the final release of security: a) The Pla i g _Staff_shall review the _site. Any screening as may be reasonably required by the Planning Staff will,be added at the applicant's expense. Specifically after the detention pond is completed, the Town Planner will review the site and any screening as may be reasonably required�y the Town Planner will be added at the applicant's expense. b) A final as-built plan showing final topography,the location of all on- site utilities, structures, curb cuts, parking spaces and drainage.facilities must be submitted to and reviewed by the Planning Staff and the Division of Public Works. 8. Any stockpiling of materials (dirt, wood, construction material, etc.) must be shown on a plan and reviewed and approved by the Planning Staff. Any approved piles must remain covered at all times to minimize.any dust problems thatmay occur with adjacent properties. Any stock piles to remain for longer than one week must be fenced off with siltation fence and covered. 9. In an effort to;reduce noise leveK the applicant shall keep in optimum working order, -through regular maintenance, any and all equipment that "shall emanate sounds from the structures or site. 4 10. The hours for construction shall be limited to between 7:00 am. and 7:00 p.m. Monday through Friday and between 8:00 a.m. and 5:00 p.m. on Saturday. 11. Any plants, trees or shrubs that have been incorporated into the Landscape Plan approved in this decision that die within one year from the date of planting shall be replaced by the owner. 12. The contractor shall contact Dig Safe at least 72 hours prior to commencing any excavation. 13. Gas, Telephone, Cable and Electric utilities shall be installed underground as specified by the respective utility companies. 14. No open burning shall be done except as is permitted during burning season under the Fire Department regulations. 15. No underground fuel storage shall be installed except as may be allowed by Town Regulations. 16. The provisions of this conditional approval shall apply to and be binding upon the applicant, its employees and allsuccessors and assigns in interest or control. 17. Any action by a Town Board, Commission, or Department, which requires changes in the plan or design of the building, as presented to the Planning Board, may be subject to modification by the Planning Board. 18. Any revisions shall be submitted to the Town Planner for review. If these revisions are deemed substantial,.the applicant must submit revised plans to the Planning Board for approval. 19. This Special Permit approval shall be deemed to have lapsed after 1q ,,MO3 (two years from the date permit granted) unless substantial use 8rconstruction has commenced. Substantial use or construction will be determined by a majority vote of the Planning Board. 20. The following information shall be deemed part of the decision: Plan Titled: North Andover High School,North Andover,Massachusetts Prepared For: North Andover School Department 675 Chickering Road,North Andover,MA 01845 Prepared By: DiNisco Design Partnership, Limited 87 Summer Street Boston, MA 02110 Scale: Varies,typically V=80' Date: February 16, 2001 5 i Sheets: 1.01-1.05(site survey overview); 1.1.1-1.1.5 (Layout&Materials) 1.1.6-1.1.10 (grading plan) 1.1.11-1.1.15 (planting plans) 1.2.0-1.2.5 (site utilities) 1.3.1-1.3.3 (sedimentation&erosion controls) 1.3.6-1.3.11 (stormwater drainage plans) 3.3.1-3.33 (key plans-basement, 1', 2nd, 3rd floor and roof) 10.0.1-10.0.6(Design Development cost estimating set) E,i-E-2(Site Lighting Calculation Plan) Report Titled: Stormwater Management Design&Stormwater Runoff Calculations Dated: October 5, 2000;revised 12/6/200;revised 1/8/2001 Prepared By: Schofield Brothers of New England,Inc. 1071 Worcester Road Framingham, MA 01701 Report Titled: Application for Site Plan Special Permit Prepared By: DiNisco Design Partnership, Limited 87 Summer Street Boston,MA 02110 Attachments: Numbered 1 through 25 cc: Applicant Engineer File 6 L1Massachusetts Department of Environmental Protection DEP File Number: Bureau of Resource Protection - Wetlands 1 WPA Form 5 - Order of Conditions 242-1045 Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 Provided by DEP A. General Information Important: When filling From: out forms on North Andover the computer, Conservation Commission use only the tab key to This issuance if for(check one): move your cursor-do ® Order of Conditions not use the return key. ❑ Amended Order of Conditions To: Applicant: Property Owner(if different from applicant): No. Andover School Committee Town of No. Andover Name Name ratwn 675 Chickering Road 120 Main St. Mailing Address Mailing Address No. Andover MA 01845 No.Andover Ma 01845 City/Town State Zip Code City/Town State Zip Code 1. Project Locatio,on,:: 675 Chickering Road North Andover Street Address City/Town Assessors Map/Plat Number Parcel/Lot Number 2. Property recorded at the Registry of Deeds for: Northern Essex 1170 337 County Book Page Certificate(if registered land) 3. Dates: 10/6/00 2/21/01 3/1/01 Date Notice of Intent Filed Date Public Hearing Closed Date of Issuance 4. Final Approved Plans and Other Documents(attach additional plan references as needed): See Attached Conditions Title Date Title Date Title Date 5. Final Plans and Documents Signed and Stamped by: Richard F. Kaminski Name 6. Total Fee: NA (from Appendix B:Wetland Fee Transmittal Form) Wpaform5.doc•rev.3/2/01 Page 1 of 7 Massachusetts Department of Environmental Protection DEP File Number. Bureau of Resource Protection - Wetlands WPA Form 5 - Order of Conditions 242-1045 Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 Provided by DEP B. Findings 9 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: ® Public Water Supply ❑ Land Containing Shellfish ® Prevention of Pollution ® Private Water Supply ® fisheries ® Protection of Wildlife Habitat ® Groundwater Supply ® Storm Damage Prevention ® Flood Control Furthermore,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, to protect those interests checked above. 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 to protect those interests checked above. 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. ❑ 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). General Conditions (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. Wpaform5.doc•rev.312/01 Page 2 of 7 Massachusetts Department of Environmental Protection - DEP File Number: Bureau of Resource Protection - Wetlands WPA Form 5 - Order of Conditions 242-1045 Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 Provided by DEP B. Findings (cont.) 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, "MA DEP"] "File Number 242-1045 " 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. Wpaform&doc•rev.312/01 Page 3 of 7 Massachusetts Department of Environmental Protection DEP File Number: Bureau of Resource Protection - Wetlands WPA Form 5 - Order of Conditions 242-1045 Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 Provided by DEP B. Findings (cont.) 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. Findings as to municipal bylaw or ordinance Furthermore, the North Andover hereby finds(check one that applies): Conservation Commission ❑ that the proposed work cannot be conditioned to meet the standards set forth in a municipal ordinance or bylaw specifically: Municipal Ordinance or Bylaw 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. ® that the following additional conditions are necessary to comply with a municipal ordinance or bylaw, specifically: Chapter 178 of the Code of North Andover Municipal Ordinance or Bylaw Citation The Commission orders that all work shall be performed in accordance with the said additional 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. Wpaform&doc-rev.3/2/01 Page 4 of 7 r Massachusetts Department of Environmental Protection DEP File number: Bureau of Resource Protection - Wetlands WPA Form 5 - Order of Conditions 242-1045 Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 Provided by DEP B. Findings (cont.) Additional conditions relating to municipal ordinance or bylaw: See Attached Conditions This Order is valid for three years, unless otherwise specified as a special condition pursuant to General Conditions#4, from the date of issuance. 2121/01 -2/21/04 Date This Order must be signed by a majority of the Conservation Commission. The Order must be mailed by certified mail (return receipt requ d)or hand delivered to the applicant. A copy also must be mailed or hand delivered at the same ' e to the appropriate Department of Environmental Protection Regional Office (seeAppendix a property owner(if different from applicant). Signatures: c On February 21st Of 2001 Day Month and Year before me personally appeared Scott Masse to me known to be the person described in and who executed the foregoing instrument and acknowledged that he/she executed the same as his/her free act and deed. JACK! BYERLEY ngta Public My Commission Expires My Commission Expires This O der is issued to the applicant as follows: July 5,2007 ❑ by hand delivery on Xby certified mail, return receipt requested,on Date Date Wpaform5.doc•rev.2121101 Page 5 of 7 Y Massachusetts Department of Environmental Protection DEP File Number. Bureau of Resource Protection - Wetlands WPA Form 5 - Order of Conditions 242-1045 Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 Provided by DEP C. 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. D. 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 Form 5 shall be submitted to the Conservation Commission listed below. North Andover Conservation Commission Wpaform5.doc•rev.3/2/01 Page 6 of 7 Massachusetts Department of Environmental Protection DEP File Number: Bureau of Resource Protection - Wetlands WPA Form 5 - Order of Conditions 242-1045 Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 Provided by DEP D. Recording Information (cont.) Detach on dotted line,have stamped by the Registry of Deeds and submit to the Conservation Commission. --------------------------------------------------------------------------------------------------------------------------- To: Conservation Commission Please be advised that the Order of Conditions for the Project at: 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.3/2/01 Page 7 of 7 Massachusetts Department of Environmental Protection Bureau of Resource Protection -Wetlands WPA Appendix E — Request for Departmental Action Fee Transmittal Form Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 A. Request Information Important: 1. Person or party making request(if appropriate, name the citizen group's representative): When filling out forms on the computer, Name use only the tab key to Mailing Address move your cursor-do City/Town State Zip Code not use the return key. Phone Number Fax Number(if applicable) r� Project Location Mailing Address reran City/Town State Zip Code 2. Applicant(as shown on Notice of Intent(Form 3), Abbreviated Notice of Resource Area Delineation (Form 4A); or Request for Determination of Applicability (Form 1)): Name Mailing Address City/Town State Zip Code Phone Number Fax Number(if applicable) 3. DEP File Number: B. Instructions 1. When the Departmental action request is for(check one): ❑ Superseding Order of Conditions ❑ Superseding Determination of Applicability ❑ Superseding Order of Resource Area Delineation Send this form and check or money order for$50.00, payable to the Commonwealth of Massachusetts to: Department of Environmental Protection Box 4062 Boston, MA 02211 wpaform5.doc-Appendix E-rev.3/2/01 Page 1 of 2 Massachusetts Department of Environmental Protection -- Bureau of Resource Protection -Wetlands ( WPA Appendix E — Request for Departmental Action Fee Transmittal Form 1 Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 B. Instructions (cont.) 2. On a separate sheet attached to this form, state clearly and concisely the objections to the Determination or Order which is being appealed. To the extent that the Determination or Order is based on a municipal bylaw, and not on the Massachusetts Wetlands Protection Act or regulations, the Department has no appellate jurisdiction. 3. Send a copy of this form and a copy of the check or money order with the Request for a Superseding Determination or Order by certified mail or hand delivery to the appropriate DEP Regional Office(see Appendix A). 4. A copy of the request shall at the same time be sent by certified mail or hand delivery to the Conservation Commission and to the applicant, if he/she is not the appellant. wpaform5.doc•Appendix E•rev.3/2/01 Page 2 of 2 Massachusetts Department of Environmental Protection �� DEP File Number: Bureau of Resource Protection -Wetlands WPA Form 5 — Order of Conditions 242-1045! Provided by',DEP Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 A. General Information Important: From: When filling out forms on North Andover the computer, Conservation Commission use only the tab key to This issuance if for(check one): move your cursor-do ® Order of Conditions I not use the return key. ❑ Amended Order of Conditions ,e To: Applicant: Property Owner(if different from applicant):'', No. Andover School Committee Town of No. Andover Name Name 675 Chickering Road 120 Main St. Mailing Address Mailing Address No. Andover MA 01845 No.Andover Ma 01 845 City/Town State Zip Code City/Town State Zip Code 1. Project Location: 675 Chickering Road North Andover Street Address City/Town Assessors Map/Plat Number Parcel/Lot Number 2. Property recorded at the Registry of Deeds for: Northern Essex 1170 337 County Book Page Certificate(if registered land) 3. Dates: 10/6/00 2/21/01 311/01 Date Notice of Intent Filed Date Public Hearing Closed Date of Issuance 4. Final Approved Plans and Other Documents (attach additional plan references as needed): See Attached Conditions Title Date Title Date Title Date 5. Final Plans and Documents Signed and Stamped by: Richard F. Kaminski Name 6. Total Fee: NA (from Appendix B:Wetland Fee Transmittal Form) Wpaform5.doc•rev.3/2/01 Page 1 of 7 Massachusetts Department of Environmental Protection ' Bureau of Resource Protection - Wetlands DEP File Number: WPA Form 5 - Order of Conditions 242-1045 Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 Provided by DEP B. Findings 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: ® Public Water Supply ❑ Land Containing Shellfish ® Prevention of Pollution ® Private Water Supply ® Fisheries ® Protection of Wildlife Habitat Z Groundwater Supply Z Storm Damage Prevention Z Flood Control Furthermore, 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, to protect those interests checked above. 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 to protect those interests checked above. 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. ❑ 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). General Conditions (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. Wpaform5.doc•rev.3/2/01 Page 2 of 7 Massachusetts Department of Environmental Protection - DEP File Number: Bureau of Resource Protection - Wetlands 242-1045 WPA Form 5 - Order of Conditions Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 Provided by DEP B. Findings (cont.) 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, "MA DEP"] "File Number 242-1045 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. Wpaform5.doc-rev.312/01 Page 3 of 7 r Massachusetts Department of Environmental Protection DEP File Number: 1 Bureau of Resource Protection - Wetlands WPA Form 5 - Order of Conditions 242-1045 Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 Provided by DEP B. Findings (cont.) 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. Findings as to municipal bylaw or ordinance Furthermore, the North Andover hereby finds (check one that applies): Conservation Commission that the proposed work cannot be conditioned to meet the standards set forth in a municipal ordinance or bylaw specifically: Municipal Ordinance or Bylaw 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. ® that the following additional conditions are necessary to comply with a municipal ordinance or bylaw, specifically: Chapter 178 of the Code of North Andover Municipal Ordinance or Bylaw Citation The Commission orders that all work shall be performed in accordance with the said additional 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. :Wpaform5,doc•rev.3/2101 Page 4 of 7 DEP FILE#242 - 1045 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 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 VIII (B)(p.33) of the North Andover Wetland Regulations). CAWinword\00C\242-1045 1 NACC 03/01/2001 • DEP FILE#242 - 1045 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. 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 demolition of the existing North Andover High School and the construction of a new 300,000 s.f. High School with associated parking, driveway,utilities, grading,landscaping, athletic fields, stormwater management structures,wetland alterations, wetland restoration,replication and buffer zone restoration. CAWinword\00C\242-1045 2 NACC 03/01/2001 DEP FILE #242 - 1045 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 by: Schofield Brothers 1071 Worcester Road Framingham,MA 01710 Dated 10/6/00 Site Plans prepared by: DiNisco Design Partnership, Ltd. Plans entitled "North Andover High School" (31 Sheets) Dated 9/25/00 REV 1/31/01 See Appendix B for Revision Dates per Sheet Wetland Replication Narrative prepared by: Schofield Brothers 1071 Worcester Road Framingham,MA 01710 Dated REV 1/31/01 Wildlife Habitat Enhancement Bird Box Installation Plan Prepared By: Schofield Brothers 1071 Worcester Road Framingham, MA 01710 Dated REV 1/17/01 Wetland Buffer Zone Mitigation Plan Prepared By: Schofield Brothers 1071 Worcester Road Framingham,MA 01710 Dated REV 1/17/01 Operation & Maintenance Plan prepared by: Schofield Brothers 1071 Worcester Road Framingham,MA 01710 Dated REV 9/26/00 - See Appendix 2 of"Stormwater Management Design and Runoff Calculations" Dated 10/5/00 REV 1/8/01 CAWinword\000242-1045 3 NACC 03/01/2001 DEP FILE#242 - 1045 29. The following wetland resource areas are affected by the proposed work: 100- foot Buffer Zone to, Bordering Land Subject to Flooding (BLSF—elevation 95 NGVD), Riverfront Area and Bordering Vegetated Wetland (BVW). 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. 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 shall be established from the edge of the adjacent wetland resource area except as follows: WF-1 through WF-35,WF- 46 through WF-102,WF-127 through WF-131,WF-201 through WF-223,WF- 301 through WF-320 and WF-400 through WF-422 for roadway construction and buffer zone grading. A waiver from the twenty five-foot (25') No Disturbance Zone was granted between WF-36 through WF-45 for Buffer Zone plantings only. In order to prevent any alteration of wetland resource areas a fifty-foot (50') No-Construction Zone shall be established from the edge of the adjacent wetland resource area. There are no waivers of the fifty-foot (501 No Construction Zone requested or granted. 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 IIID) &Appendix G of the local Regulations). 32. There shall be no increase in the post development discharges from the storm drainage system or any other changes in post development conditions that alter the post development watershed boundaries as currently depicted in the Notice of Intent and approved by this Order of Conditions,unless specifically approved in writing by the Commission. 33. 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. CAWinword\00C\242-1045 4 NACC 03/01/2001 DEP FILE #242 - 1045 34. 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 Conservation Commission any responsibility to maintain the proposed drainage system and that said Commission shall not be liable for any damage in the event of failure. By acceptance of this Order, the North Andover Public School Committee agrees to indemnify and hold harmless to the Conservation Commission 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,becomes the responsibility of the Town of North Andover per correspondence dated 1/16/01. (See Appendix Q. 35. The NACC finds the applicant's proposal for 2,680 sq. ft.of wetland replication and the Wetland Buffer Zone Mitigation Plan (Received 1/17/01) to be adequate. The replication and buffer zone mitigation areas shall be constructed prior to other construction activity on site and this sequence shall be reflected in the construction sequence. (Refer to Section III(E)(4)(page 17) of the local Regulations for performance standards). • All areas of temporary disturbance will be restored in place and as stated in the Wetland Buffer Zone Mitigation Plan. • In order to mitigate impacts to wetland wildlife, "35 Bird Boxes"shall be supplemented in the areas stated in the Wildlife Habitat Enhancement—Bird Box Installation Plan dated 1/17/01 with their final design and placement approved by the Conservation Administrator. • Approximately 51,000 s.f. of impervious area shall be removed from the Riverfront area and replaced with pervious area loamed, seeded and planted as additional mitigation. 36. 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. 37. The applicant shall construct a non-invasive trail system,which complies with the Town's Open Space and Recreation Plan, and long term trail connection program including interpretive trail signs. CAWinword\00C\242-1045 5 NACC 03/01/2001 DEP FILE#242 - 1045 PRIOR ZE TO CONSTRUCTION 38. 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. 39. 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. 40. 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 Department of Environmental Protection,File Number 242-1045." 41. 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. CAWinword\000242-1045 6 NACC 03/01/2001 DEP FILE #242 - 1045 42. 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. 43. Prior to any work commencing on-site,the applicant shall submit to the NACC for approval, a more detailed sequence of construction, including but not limited to the construction of compensation and retention areas, installation of sedimentation/erosion control devices and re-vegetation to be completed before other work begins on-site. 44. Prior to any work commencing on-site, the applicant shall submit to the NACC for approval a "Supplemental Buffer Zone Mitigation Plan" with additional Buffer Zone plantings proposed between WF-1 through WF-33 to be approved by the Conservation Administrator. 45. Prior to any work commencing on-site, the applicant shall submit to the NACC for approval a 20- scale plan of both Wetland Replication areas depicting the plantings 5' on-center to be approved by the Conservation Administrator (Refer to Section VI B.6(a-c)(p.32)of the North Andover Wetlands Regulations). 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 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. CAWinword\000242-1045 7 NACC 03/01/2001 DEP FILE#242 - 1045 47. A row of staked hay bales backed by trenched siltation fence shall be placed between all construction areas and wetlands. Trenched siltation fence only shall be placed between existing wetlands and replication areas. 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 Commission's request. 48. The applicant shall have on hand at the start of any soil disturbance, removal or stockpiling, a minimum of one-hundred (100) 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. 49. The general contractor contracted by the Town of North Andover shall provide a check payable to the Town of North Andover by the in the amount of$ 30,000 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. CAWinword\000242-1045 8 NACC 03/01/2001 DEP FILE #242 - 1045 50. The applicant shall designate a professional 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. 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 month 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. 51. Prior to construction,the applicant shall permanently mark the edge of the "25' No-Disturbance Zone"with signs or markers spaced evenly every 50 feet incorporating the following text: "Protected Wetland Resource Area". This will designate their sensitivity 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. 52. Prior to construction the applicant shall submit a "Snow Stockpiling Plan" depicting designated areas with adequate storage and a written agreement from the DPW stating they concur with the designated areas. CAWinword1000242-1045 9 NACC 03/01/2001 DEP FILE#242 - 1045 53. 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 period of time shall be provided as notice of the pre-construction meeting (e.g. 72 hours). CAWinword\00C\242-1045 10 NACC 03/01/2001 DEP FILE#242 - 1045 STORMWATER MANAGEMENT CONDITIONS 54. There shall be no increase in the post development discharges from the storm drainage system or any other changes in post development conditions that alter the post development watershed boundaries as currently depicted in the Notice of Intent and approved by this Order of Conditions,unless specifically approved in writing by the Commission. 55.All stormwater best management practices shall be maintained as specified in the Operation and Maintenance Plan submitted with the Notice of Intent and incorporated in the Order of Conditions. Evidence of maintenance of the stormwater management system shall be provided to the NACC on an annual basis by a Registered Professional Civil Engineer from the date said structures go "on-line" until a Certificate of Compliance is issued. 56. Water quality in down gradient BVW's shall not differ significantly following completion of the project from the pre-development conditions. There shall be no sedimentation into wetlands or water bodies from discharge pipes or surface runoff leaving the site. 57. The applicants, owners, and their successors and assignees,shall maintain all culverts, collections basins, traps, outlet structures, 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. CAWinword\00C\242-1045 11 NACC 03/01/2001 DEP FILE #242 - 1045 DURING CONSTRUCTION 58. IMPORTANT: Immediately upon completion of the dwelling foundation, and prior to further construction activities associated with the site,the applicant shall complete a plan prepared by a Registered Professional Land Surveyor of the Commonwealth (R.P.L.S.) which accurately depicts the foundation location and it's proximity to wetland resource areas as approved under this Order of Conditions. Said plan shall be submitted to the Conservation Administrator for approval. 59. 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. 60. 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. 61. The NACC or agent thereof prior to any de-watering activity must approve a "De-watering Plan"that includes the de-watering basin and/or the siltation control methods and the location 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. Approved de-watering activities anticipated during construction shall be supervised and witnessed by the designated erosion control monitor. This designee must be on-site while de-watering is occurring and until this de- watering is complete. 62. 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. 63. No exposed area shall remain unfinished for more than thin 30 days, p tY unless approved by the NACC. CAWinword\00C\242-1045 12 NACC 03/01/2001 DEP FILE#242 - 1045 64. 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. 65. There shall be no stockpiling of soil or other materials within twenty-five (25) feet of any resource area. 66. 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. 67. Washings from concrete trucks, or surplus concrete,shall not be directed to, any drainage system, or wetland resource area. An area designated for concrete washings shall be approved by the NACC or agent thereof. 68. 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 50' of areas subject to protection under the Act or local ByLaw. 69. Accepted engineering and construction standards and procedures shall be followed in the completion of the project. 70. 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. CAWinword\OOC\242-1045 13 NACC 03/01/2001 DEP FILE#242 - 1045 71. At the end of each growing season,a progress report of the relative success or failure of the replication effort shall be conducted by a biologist, botanist, or wetlands specialist and submitted to the Department of Environmental Protection (DEP) and the North Andover Conservation Commission. If at the end of the second growing season, compliance with 310 CMR 10.55 (4)(b)(6) is not achieved,the NACC maintains the right to require additional mitigative measures. CAWinword\OOC\242-1045 14 NACC 03/01/2001 DEP FILE#242 - 1045 AFTER CONSTRUCTION 72. 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. 73. 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 including the fields adjacent to Cochichewick Brook. 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. 74. Permanent signs designating "No-Snow Stockpiling Zones" shall be displayed in prominent locations. 75. 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. CAWinword\00C\242-1045 15 NACC 03/01/2001 DEP FILE#242 - 1045 76. 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 assessor's map/parcel number for the project. g. The DEP file number. h. A written statement from a Registered Professional Civil Engineer and Registered Professional Land Surveyor of the Commonwealth certifying that the work has been conducted as shown on the plan(s) and documents referenced above, and as conditioned by the Commission. i. An "As-Built" plan prepared and signed and stamped by a Registered Professional Civil Engineer and Registered Professional Land Surveyor of the Commonwealth, for the public record. This plan will include: j. A written statement from a Professional Wetland Scientist certifying that the buffer zone restoration areas and wetland replication areas are functioning as intended by this Order of Conditions and in compliance with the local wetland protection bylaw and regulations for at least two full growing seasons. ➢ "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. ➢ Distances from structures to wetland resource areas. Structures include (but are not limited to) retaining walls, subsurface utilities and stormwater management structures. CAWinword\00C\242-1045 16 NACC 03/01/2001 DEP FILE #242 - 1045 ➢ A line showing the limit of work and the extent of existing erosion control devices. "Work" includes any disturbance of soils or vegetation. ➢ Location of all subsurface utilities entering the property. 77. The following special conditions shall survive the issuance of a Certificate of Compliance (COC) for this project: ➢ 25'No-Disturbance Zone and a 50'No-Construction Zone shall be established from the edge of adjacent wetland resource areas except in those locations approved under DEP# 242-1045. Future work within 100' of existing wetland resource areas will require a separate filing with the NACC (refer to Section XI (page 18) 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; ➢ Maintenance of catch basins (Condition#59); ➢ Discharge or spillage of pollutants (Condition# 69); ➢ Prohibition of underground fuels (Condition#71); ➢ Limitations on the use of fertilizers,herbicides, and pesticides (Conditions#72). ➢ The attached "Stormwater Operations and Management Plan", including Best Management Practices. No additional filings will be required to conduct maintenance of the above referenced system and plan. CAWinword\000242-1045 17 NACC 03/01/2001 DEP FILE#242 - 1045 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 of (position with applicant) I (applicant name or company name) the applicant upon whom Order of Conditions have been placed upon by (DEF 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. 1 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 incompliance. (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\00C\242-1045 18 NACC 03/01/2001 DEP FILE#242 - 1045 APPENDIX B PLAN OF RECORD DATE REVISIONS BY SHEET CAWinword\000242-1045 19 NACC 03/01/2001 QQ SCHOFIELD BROTHERS ENGINEERING - SURVEYING - PLANNING Schofield Brothers of New England,Inc. MEN= 1071 Worcester Road Framingham,MA 01701-5298 508-879-0030 1-800-696-2874 January 31, 2001 FAX 508-879-1797 REMOVED - 20217 JAN 3 1 2001 North Andover Conservation Commission 27 Charles Street NORTH ANDOVICp North Andover,MA 01845 CONSERVATION COMM1S61ON Attn: Brian Lagrasse RE: Wetlands File 242-1045-North Andover High School Project SENT VIA: Hand Delivery. Dear Brian and Commission Members: Enclosed are eight copies of the latest revision of the plans and documents for your use. The plan sets include two sets of full size (30x42) sheets and six sets of half-size sheets. The enclosed materials reflect the revisions to the site layout,planting plan, drainage, etc. as discussed with the Commission on January 17,200E The revised layout for the driveway entrance eliminated a substantial portion of the wetlands alteration such that there are now only two small areas of wetlands filling. These areas include 320 sq. ft. off the northeast wing of the proposed building, and 200 sq. ft. in the southwesterly portion of the site. We have,therefore,eliminated the proposed wetland replication areas in the vicinity of the tennis courts and provided a small replication area adjacent to the northeast wetland alteration. The replication area previously proposed in the southwest area has not been changed. The Wetland Replication Narrative has been revised to incorporate the above changes. Also,the Buffer Zone planting presented at the last meeting has now been incorporated into the Planting Plans prepared by Carol R. Johnson,Associates. As discussed at the last meeting, the proposed revisions will not affect the stormwater runoff analyses or design calculations and the report previously submitted (dated 1/8/01) will not need to be revised. Attached is a complete list of the enclosed materials. If you have any questions, please do not hesitate to call. Very truly yours, Schofield Brothers of New England,Inc. Fredric W. King, P.E. Senior Engineer Cc: DiNisco Design Partnership Enclosures I 20217 CONSERVATION COMMISSION SUBMITTAL JANUARY 31, 2001 PLAN & DOCUMENT REVISIONS PACKAGE CONTENTS NORTH ANDOVER HIGH SCHOOL 675 Chickering Road North Andover,Massachusetts Narratives and Attachments Attachment 1. Wetland Replication Narrative (rev. 1/31/01) (8 copies). Tentative Construction Schedule(23 January 2001) (8 copies) Wildlife Habitat Enhancement-Bird Box Installation(1/17/01) (8 copies) Plans: The attached plan set includes two full size copies and 6 half-size copies of each of the following: Eidsting Conditions Plans By Richard F.Kaminski&Associates,dated rev.1U30/00) 1.0.1 Site Survey-Overview,Key Plan &Legend 1.0.2 Site Survey- (North Portion of Site) 1.0.3 Site Survey- (Central Portion of Site) 1.0.4 Site Survey- (Southern Portion of Site) 1.0.5 Site Survey- (Southeastern Portion of Site) Site Layout and Material Plans By Carol R.Johnson Associates,Inc.,dated 1!31/01) 1.1.1 Layout &Materials,Overview 1.1.2 Layout &Materials,North 1.1.3 Layout&Materials,Middle 1.1.4 Layout&Materials, South 1.1.5 Layout&Materials, Southeast Planting Plan By Carol R. Johnson Associates,Inc.,dated 1/31/01) 1.1.11 Planting Plan,Overview 1.1.12 Planting Plan,North 1.1.13 Planting Plan,Middle 1.1.14 Planting Plan, South 1.1.15 Planting Plan,Southeast Site Utility Plans (By Robert W.Sullivan,Inc.,dated 11/17/00) 1.2.0 Site Utilities,Legend&Details 1.2.1 Site Utilities,Overall Site Plan 1.2.2 Site Utilities Plan,Part A , 1.2.3 Site Utilities Plan, Part B 1.2.4 Site Utilities Plan,Part C 1.2.5 Site Utilities Plan,Part D Page 2 20217 Conservation Commission Submittal January 31,2001 Package Contents North Andover High School Erosion Control Plans By Schofield Brothers of New England,Inc.dated 1/31/01) 1.3.1 Erosion &Sediment Control-Phase 1 1.3.2 Erosion& Sediment Control—Phase 2 1.3.3 Erosion &Sediment Control -Details Stormwater Management Flans By Schofield Brothers of New England,Inc.dated 1/31/01) 1.3.6 Stormwater Drainage Plan -Overview 1.3.7 Stormwater Drainage Plan-North 1.3.8 Stormwater Drainage Plan—Middle 1.3.9 Stormwater Drainage Plan-South 1.3.10 Stormwater Drainage Plan—Southeast 1.3.11 Stormwater Drainage Details Architectual Plans By DiNisco Design Partnership,dated 1/31/01) 3.3.1 Key Plans -Basement and First Floor Page 3 DEP FILE#242 - 1045 APPENDIX C MAINTENANCE RESPONSIBILITY FOR THE PROPOSED STORMWATER MANAGEMENT SYSTEM CAWinword\00C\242-1045 20 NACC 03/01/2001 , FROM: FAX: Jan-17-01 Wed 10:20 PAGE: 02 North Andover Public Schools North Andover, Massachusetts 01845 QG 16 January 2001 Y 0� North Andover Conservation Commission \ v C/o.Brian Lagrasse 27 Charles Street North Andover.MA 01$45 Reference. North Andaver High School North Andover,MA Subject:Maintenance Plan for the Proposed Storowatter Management System Dear Conservation Colnlnission Members North Andover Public Schools:acknowledges the important:c of aril assumes responsibility for complying with the Maintenance flan for the prigx)sed Srormwraer Maadagettleat Syvtcut. The mli irements of the Maintenance Plim for the HighSchool prvievt will be satisfied by one or a combination of the follnwing rrwtan.s depending on quaiificd personnel: 1. North Andover Public School Staff 2. Department of Public WnTks Staff 3. Outsourced to qualified vendor. Again i want to usaure.the Conservation Commission that we will comply with the Maintenance Plan that will be a requirement of the Order of Conditions for this project. 'r Sinc`�rely, 1 aui P,Szymanski `�� Director,Management Support Services PPSlplz Cc: Rick Rice DiNisco Design Partnership,Md, 675 Chickering Road, North Andover, Massachusetts 01845 (978)794-1503 FAX (978)794-0231 Massachusetts Department of Environmental Protection � r Bureau of Resource Protection - Wetlands DEP File"umber: WPA Form 5 - Order of Conditions 242-1045 Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 Provided by DEP B. Findings (cont.) Additional conditions relating to municipal ordinance or bylaw: See Attached Conditions This Order is valid for three years, unless otherwise specified as a special condition pursuant to General Conditions#4, from the date of issuance. 2/21/01 -2/21/04 Date This Order must be signed by a majority of the Conservation Commission. The Order must be mailed by certified mail (return receipt requ d)or hand delivered to the applicant. A copy also must be mailed or hand delivered at the same a to the appropriate Department of Environmental Protection Regional Office (seeAppendix a property owner(if different from applicant). Signatures: � r On February 21st Of 2001 Day Month and Year before me personally appeared Scott Masse to me known to be the person described in and who executed the foregoing instrument and acknowledged that he/she executed the same as his/her free act and deed. JACKI BYERLEY 'Nota Public my Commission Expires f My Commission Expires This Oder is issued to the applicant as follows: July s;2007 ❑ by hand delivery on Xby certified mail, return receipt requested,on Date Date Wpaform5.doc•rev.2/21/01 Page 5 of 7 Massachusetts Department of Environmental Protection DEP File Number: Bureau of Resource Protection - Wetlands WPA Form 5 - Order of Conditions 242-1045 t Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 Provided by DEP C. 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. D. 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 Form 5 shall be submitted to the Conservation Commission listed below. North Andover Conservation Commission Wpaform5.doc•rev.3/2/01 Page 6 of 7 t Massachusetts Department of Environmental Protection DEP File Number: Bureau of Resource Protection - Wetlands Ll WPA Form 5 - Order of Conditions 242-1045 Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 Provided by DEP D. Recording Information (cont.) Detach on dotted line, have stamped by the Registry of Deeds and submit to the Conservation Commission. -------------------------------------------------------------------------------------------------------------------------- To: Conservation Commission Please be advised that the Order of Conditions for the Project at: 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.3/2/01 Page 7 of 7 L11Massachusetts Department of Environmental Protection Bureau of Resource Protection -Wetlands WPA Appendix E - Request for Departmental Action Fee Transmittal Form Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 A. Request Information Important: 1. Person or party making request(if appropriate, name the citizen group's representative): When filling out forms on the computer, Name use only the tab key to Mailing Address move your cursor-do City/Town State Zip Code not use the return key. Phone Number Fax Number(if applicable) QProject Location Mailing Address nwn City/Town State Zip Code 2. Applicant(as shown on Notice of Intent(Form 3),Abbreviated Notice of Resource Area Delineation (Form 4A); or Request for Determination of Applicability (Form 1)): Name Mailing Address City/Town State Zip Code Phone Number Fax Number(if applicable) 3. DEP File Number. B. Instructions 1. When the Departmental action request is for(check one): ❑ Superseding Order of Conditions ❑ Superseding Determination of Applicability ❑ Superseding Order of Resource Area Delineation Send this form and check or money order for$50.00, payable to the Commonwealth of Massachusetts to: Department of Environmental Protection Box 4062 Boston, MA 02211 wpaform5.doc•Appendix E•rev.3/2101 Paged of 2 r Massachusetts Department of Environmental Protection Bureau of Resource Protection - Wetlands WPA Appendix E — Request for Departmental Action Fee Transmittal Form Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 B. Instructions (cont.) 2. On a separate sheet attached to this form, state clearly and concisely the objections to the Determination or Order which is being appealed. To the extent that the Determination or Order is based on a municipal bylaw, and not on the Massachusetts Wetlands Protection Act or regulations, the Department has no appellate jurisdiction. 3. Send a copy of this form and a copy of the check or money order with the Request for a Superseding Determination or Order by certified mail or hand delivery to the appropriate DEP Regional Office (see Appendix A). 4. A copy of the request shall at the same time be sent by certified mail or hand delivery to the Conservation Commission and to the applicant, if he/she is not the appellant. wpaform5.doc-Appendix E•rev.3/2/01 Page 2 of 2