HomeMy WebLinkAboutVALLEY REALTY DEVELOPMENT LLC (2) r T
L71IMassachusetts Department of Environmental Protection
Bureau of Resource Protection -Wetlands MassDEP File Number:
WPA Form 5 - Order of Conditions 242-1447
Massachusetts Wetlands Protection Act M.G.L. c. 131, §40
A. General Information
Important: North Andover
When filling 1. From: Conservation Commission
out forms on
the computer, 2. This issuance is for(check one): a. ® Order of Conditions b. ❑ Amended Order of Conditions
use only the
tab key to 3. To: Applicant:
move your
cursor-do not Anthony Mesiti
use the return a. First Name b.Last Name
key. Valley Real Development, LLC
c.Organization
P. O. Box 907
d. Mailing Address
North Andover MA 01845
e. City/Town f.State
g.Zip Code
4. Property Owner(if different from applicant):
Same
a. First Name b.Last Name
c.Organization
d.Mailing Address
e.City/Town f.State g.Zip Code
5. Project Location:
2357 Turnpike Street North Andover
a.Street Address b.CiWrown
Map 108A& 108C Parcels 33, 38 & 39
c.Assessors Map/Plat Number d.Parcel/Lot Number
Latitude and Longitude,if known: 42-37'-15" 71-03'-39"
e,Latitude f.Longitude
s. Property recorded at the Registry of Deeds for(attach additional information if more than one parcel):
Essex North
a. County b.Certificate Number(if registered land)
1888 349
c. Book d.Page
12/5/08 3/25/09 3/27/09
7. Dates: a.Date Notice of Intent Filed b. Date Public Hearing Closed c.Date of Issuance
s. Final Approved Plans and Other Documents (attach additional plan or document references as
needed):
Plan of Land
a. Plan Title
Merrimack Engineering Services, Inc. Stephen E. Stapinski , R. P. L. S. _
b. Prepared By c.Signed and Stamped by
12/4/08, revised 12/31/08, revised 2/6/09 1" =40'
d. Final Revision Date e.Scale
f.Additional Plan or Document Title g. Date
wpaform5.doc• rev.5/08
Page 1 of 11
I
Massachusetts Department of Environmental Protection
Bureau of Resource Protection - Wetlands MassDEP File Number:
WPA Form 5 - Order of Conditions 242-1447
Massachusetts Wetlands Protection Act M.G.L. c. 131, §40
B. Findings
1. Findings pursuant to the Massachusetts Wetlands Protection Act:
Following the review of the above-referenced Notice of Intent and based on the information provided
in this application and presented at the public hearing, this Commission finds that the areas in which
work is proposed is significant to the following interests of the Wetlands Protection Act. Check all that
apply:
a. ® Public Water Supply b. ❑ Land Containing Shellfish c. ® Prevention of Pollution
d. ® Private Water Supply e. ❑ Fisheries f. ® Protection of Wildlife
Habitat
g. ® Groundwater Supply h. ® Storm Damage Prevention i. Flood Control
2. This Commission hereby finds the project,as proposed, is:(check one of the following boxes)
Approved subject to:
a. ® the following conditions which are necessary in accordance with the performance standards set
forth in the wetlands regulations. This Commission orders that all work shall be performed in
accordance with the Notice of Intent referenced above, the following General Conditions, and any
other special conditions attached to this Order. To the extent that the following conditions modify or
differ from the plans, specifications, or other proposals submitted with the Notice of Intent, these
conditions shall control
Denied because:
b. ❑ the proposed work cannot be conditioned to meet the performance standards set forth in the
wetland regulations. Therefore, work on this project may not go forward unless and until a new Notice
of Intent is submitted which provides measures which are adequate to protect these interests, and a
final Order of Conditions is issued.A description of the performance standards which the
proposed work cannot meet is attached to this Order.
c. ❑ the information submitted by the applicant is not sufficient to describe the site, the work, or the
effect of the work on the interests identified in the Wetlands Protection Act. Therefore, work on this
project may not go forward unless and until a revised Notice of Intent is submitted which provides
sufficient information and includes measures which are adequate to protect the Act's interests, and a
final Order of Conditions is issued. A description of the specific information which is lacking and
why it is necessary is attached to this Order as per 310 CMR 10.05(6)(c).
Inland Resource Area Impacts: Check all that apply below. (For Approvals Only)
3. ❑ Buffer Zone Impacts: Shortest distance between limit of project disturbance and
wetland boundary (if available) a.linear feet
Resource Area Proposed Permitted Proposed Permitted
Alteration Alteration Replacement Replacement
4. ❑ Bank a. linear feet b.linear feet c.linear feet d.linear feet
5. ❑ Bordering Vegetated
Wetland a.square feet b.square feet c.square feet d.square feet
6. ❑ Land Under Waterbodies a.square feet b.square feet c.square feet d.square feet
and Waterways
e.Wy dredged f.cty dredged
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Page 2 of 11
Massachusetts Department of Environmental Protection
Bureau of Resource Protection -Wetlands MassDEP File Number:
WPA Form 5 - Order of Conditions 242-1447
i
LMassachusetts Wetlands Protection Act M.G.L. c. 131, §40
B. Findings (cont.)
Resource Area Proposed Permitted Proposed Permitted
7. [1 Bordering Land Alteration Alteration Replacement Replacement
Subject to Flooding a.square feet b.square feet c.square feet d.square feet
Cubic Feet Flood Storage
e.cubic feet f.cubic feet g. cubic feet h.cubic feet
s. F-1 Isolated Land Subject
to Flooding a.square feet b.square feet
Cubic Feet Flood Storage c.cubic feet d.cubic feet e.cubic feet f.cubic feet
9. ❑ Riverfront area
a.total sq.feet b.total sq.feet
Sq ft within 100 ft c.square feet d.square feet e.square feet f.square feet
Sq ft between 100-200 ft
g.square feet h.square feet i.square feet i.square feet
Coastal Resource Area Impacts: Check all that apply below. (For Approvals Only)
10. ❑ Designated Port Areas Indicate size under Land Under the Ocean, below
11. ❑ Land Under the Ocean
a._square feet b.square feet
c.cty dredged d.c/y dredged
12. ❑ Barrier Beaches Indicate size under Coastal Beaches and/or Coastal Dunes below
13. ❑ Coastal Beaches
a.square feet b.square feet c.cty nourishmt. d.c/y nourishmt.
14. ❑ Coastal Dunes a.square feet b.square feet c.c/y nourishmt. d.c/y nourishmt
15. ❑ Coastal Banks
a.linear feet b.linear feet
16. ❑ Rocky Intertidal Shores
a.square feet b.square feet
17. ❑ Salt Marshes a.square feet b.square feet c.square feet d.square feet
18. ❑ Land Under Salt Ponds
a.square feet b.square feet
c.c/y dredged d.c/y dredged
19. ❑ Land Containing
Shellfish a.square feet b.square feet c.square feet d.square feet
20. ❑ Fish Runs Indicate size under Coastal Banks, inland Bank, Land Under the
Ocean, and/or inland Land Under Waterbodies and Waterways,
above
a.Gy dredged b.c/y dredged
21. ❑ Land Subject to Coastal
Storm Flowage a.square feet b.square feet
wpaform5.doc• rev.5108 - Page 3 of 11
Massachusetts Department of Environmental Protection
Bureau of Resource Protection - Wetlands MassDEP File Number:
WPA Form 5 - Order of Conditions 242-1447
Massachusetts Wetlands Protection Act M.G.L. c. 131, §40
C. General Conditions Under Massachusetts Wetlands Protection Act
(only applicable to approved projects)
1. Failure to comply with all conditions stated herein, and with all related statutes and other regulatory
measures, shall be deemed cause to revoke or modify this Order.
2. The Order does not grant any property rights or any exclusive privileges; it does not authorize any
injury to private property or invasion of private rights.
3. This Order does not relieve the permittee or any other person of the necessity of complying with all
other applicable federal, state, or local statutes, ordinances, bylaws, or regulations.
4. The work authorized hereunder shall be completed within three years from the date of this Order
unless either of the following apply:
a. the work is a maintenance dredging project as provided for in the Act; or
b. the time for completion has been extended to a specified date more than three years, but less
than five years, from the date of issuance. If this Order is intended to be valid for more than three
years, the extension date and the special circumstances warranting the extended time period are
set forth as a special condition in this Order.
5. This Order may be extended by the issuing authority for-one or more periods of up to three years each
upon application to the issuing authority at least 30 days prior to the expiration date of the Order.
6. Any fill used in connection with this project shall be clean fill. Any fill shall contain no trash, refuse,
rubbish, or debris, including but not limited to lumber, bricks, plaster, wire, lath, paper, cardboard,
pipe, tires, ashes, refrigerators, motor vehicles, or parts of any of the foregoing.
7. This Order is not final until all administrative appeal periods from this Order have elapsed, or if such
an appeal has been taken, until all proceedings before the Department have been completed.
8. No work shall be undertaken until the Order has become final and then has been recorded in the
Registry of Deeds or the Land Court for the district in which the land is located, within the chain of title
of the affected property. In the case of recorded land, the Final Order shall also be noted in the
Registry's Grantor Index under the name of the owner of the land upon which the proposed work is to
be done. In the case of the registered land, the Final Order shall also be noted on the Land Court
Certificate of Title of the owner of the land upon which the proposed work is done. The recording
information shall be submitted to this Conservation Commission on the form at the end of this Order,
which form must be stamped by the Registry of Deeds, prior to the commencement of work.
9. A sign shall be displayed at the site not less then two square feet or more than three square feet in
size bearing the words,
"Massachusetts Department of Environmental Protection" [or, "MassDEP"]
"File Number
242-1447 "
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LlMassachusetts Department of Environmental Protection
Bureau of Resource Protection - Wetlands MassDEP File Number:
WPA Form 5 - Order of Conditions 242-1447
Massachusetts Wetlands Protection Act M.G.L. c. 131, §40
C. General Conditions Under Massachusetts Wetlands Protection Act
10. Where the Department of Environmental Protection is requested to issue a Superseding Order, the
Conservation Commission shall be a party to all agency proceedings and hearings before MassDEP.
11. Upon completion of the work described herein, the applicant shall submit a Request for Certificate of
Compliance (WPA Form 8A)to the Conservation Commission.
12. The work shall conform to the plans and special conditions referenced in this order.
13. Any change to the plans identified in Condition#12 above shall require the applicant to inquire of the
Conservation Commission in writing whether the change is significant enough to require the filing of a
new Notice of Intent.
14. The Agent or members of the Conservation Commission and the Department of Environmental
Protection shall have the right to enter and inspect the area subject to this Order at reasonable hours
to evaluate compliance with the conditions stated in this Order, and may require the submittal of any
data deemed necessary by the Conservation Commission or Department for that evaluation.
15. This Order of Conditions shall apply to any successor in interest or successor in control of the property
subject to this Order and to any contractor or other person performing work conditioned by this Order.
16. Prior to the start of work, and if the project involves work adjacent to a Bordering Vegetated Wetland,
the boundary of the wetland in the vicinity of the proposed work area shall be marked by wooden
stakes or flagging. Once in place, the wetland boundary markers shall be maintained until a Certificate
of Compliance has been issued by the Conservation Commission.
17. All sedimentation barriers shall be maintained in good repair until all disturbed areas have been fully
stabilized with vegetation or other means. At no time shall sediments be deposited in a wetland or
water body. During construction, the applicant or his/her designee shall inspect the erosion controls
on a daily basis and shall remove accumulated sediments as needed. The applicant shall immediately
control any erosion problems that occur at the site and shall also immediately notify the Conservation
Commission, which reserves the right to require additional erosion and/or damage prevention controls
it may deem necessary. Sedimentation barriers shall serve as the limit of work unless another limit of
work line has been approved by this Order.
NOTICE OF STORMWATER CONTROL AND MAINTENANCE REQUIREMENTS
18. The work associated with this Order(the "Project") is (1)Z is not(2)❑ subject to the
Massachusetts Stormwater Standards. If the work is subject to the Stormwater Standards,
then the project is subject to the following conditions:
a) All work, including site preparation, land disturbance,construction and redevelopment,shall be
implemented in accordance with the construction period pollution prevention and erosion and
sedimentation control plan and, if applicable, the Stormwater Pollution Prevention Plan required by the
National Pollution Discharge Elimination System Construction General Permit as required by
Stormwater Condition 8. Construction period erosion, sedimentation and pollution control measures
and best management practices (BMPs)shall remain in place until the site is fully stabilized.
wpaform5.doc• rev.5/08
Page 5 of 11
Massachusetts Department of Environmental Protection
Bureau of Resource Protection - Wetlands MassDEP File Number:
WPA Form 5 - Order of Conditions 242-1447
Massachusetts Wetlands Protection Act M.G.L. c. 131, §40
C. General Conditions Under Massachusetts Wetlands Protection Act (cont.)
b) No stormwater runoff may be discharged to the post-construction stormwater BMPs unless and
until a Registered Professional Engineer provides a Certification that:
i. all construction period BMPs have been removed or will be removed by a date certain specified in
the Certification. For any construction period BMPs intended to be converted to post construction
operation for stormwater attenuation, recharge, and/or treatment, the conversion is allowed by the
MassDEP Stormwater Handbook BMP specifications and that the BMP has been properly cleaned or
prepared for post construction operation, including removal of all construction period sediment trapped
in inlet and outlet control structures;
ii. as-built final construction BMP plans are included, signed and stamped by a Registered
Professional Engineer, certifying the site is fully stabilized;
X. any illicit discharges to the stormwater management system have been removed, as per the
requirements of Stormwater Standard 10;
iv. all post-construction stormwater BMPs are installed in accordance with the plans(including all
planting plans) approved by the issuing authority, and have been inspected to ensure that they are not
damaged and that they are in proper working condition;
v. any vegetation associated with post-construction BMPs is suitably established to withstand erosion.
c) The landowner is responsible for BMP maintenance until the issuing authority is notified that
another party has legally assumed responsibility for BMP maintenance. Prior to requesting a
Certificate of Compliance, or Partial Certificate of Compliance, the responsible party (defined in
General Condition 18(e)) shall execute and submit to the issuing authority an Operation and
Maintenance Compliance Statement("O&M Statement)for the Stormwater BMPs identifying the party
responsible for implementing the stormwater BMPsOperation and Maintenance Plan ("O&M Plan")
and certifying the following: i.)the 0&M Plan is complete and will be implemented upon receipt of the
Certificate of Compliance, and ii.)the future responsible parties shall be notified in writing of their
ongoing legal responsibility to operate and maintain the stormwater management BMPs and
implement the Stormwater Pollution Prevention Plan.
d) Post-construction pollution prevention and source control shall be implemented in accordance
with the long-term pollution prevention plan section of the approved Stormwater Report and, if
applicable, the Stormwater Pollution Prevention Plan required by the National Pollution Discharge
Elimination System Multi-Sector General Permit.
e) Unless and until another party accepts responsibility, the landowner, or owner of any drainage
easement, assumes responsibility for maintaining each BMP. To overcome this presumption, the
landowner of the property must submit to the issuing authority a legally binding agreement of record,
and acceptable to the issuing authority, evidencing that another entity has accepted responsibility for
maintaining the BMP, and that the proposed responsible party shall be treated as a permittee for
purposes of implementing the requirements of Conditions 18(f) through 18(k)with respect to that
BMP. Any failure of the proposed responsible party to implement the requirements of Conditions 18(f)
through 18(k)with respect to that BMP shall be a violation of the Order of Conditions or Certificate of
Compliance. In the case of stormwater BMPs that are serving more than one lot, the legally binding
agreement shall also identify the lots that will be serviced by the stormwater BMPs. A plan and
easement deed that grants the responsible party access to perform the required operation and
maintenance must be submitted along with the legally binding agreement.
f) The responsible party shall operate and maintain all stormwater BMPs in accordance with the
design plans, the O&M Plan, and the requirements of the Massachusetts Stormwater Handbook.
wpaform5.doc• rev.5/08
Page 6 of 11
Massachusetts Department of Environmental Protection
Bureau of Resource Protection - Wetlands MassDEP File Number:
WPA Form 5 Order of Conditions 242-1447
Massachusetts Wetlands Protection Act M.G.L. c. 131, §40
C. General Conditions Under Massachusetts Wetlands Protection Act (cont.)
g) The responsible party shall:
1. Maintain an operation and maintenance log for the last three (3)consecutive calendar years
of inspections, repairs, maintenance and/or replacement of the stormwater management
system or any part thereof, and disposal(for disposal the log shall indicate the type of material
and the disposal location);
2. Make the maintenance log available to MassDEP and the Conservation Commission
("Commission") upon request; and
3. Allow members and agents of the MassDEP and the Commission to enter and inspect the site
to evaluate and ensure that the responsible party is in compliance with the requirements for
each BMP established in the O&M Plan approved by the issuing authority.
h) All sediment or other contaminants removed from stormwater BMPs shall be disposed of in
accordance with all applicable federal, state,and local laws and regulations.
i) Illicit discharges to the stormwater management system as defined in 310 CMR 10.04 are
prohibited.
j) The stormwater management system approved in the Order of Conditions shall not be changed
without the prior written approval of the issuing authority.
k) Areas designated as qualifying pervious areas for the purpose of the Low Impact Site Design
Credit(as defined in the MassDEP Stormwater Handbook, Volume 3, Chapter 1, Low Impact
Development Site Design Credits)shall not be altered without the prior written approval of the issuing
authority.
1) Access for maintenance, repair, and/or replacement of BMPs shall not be withheld. Any fencing
constructed around stormwater BMPs shall include access gates and shall be at least six inches
above grade to allow for wildlife passage.
Special Conditions(if you need more space for additional conditions, please attach a text document):
D. Findings Under Municipal Wetlands Bylaw or Ordinance
1. Is a municipal wetlands bylaw or ordinance applicable? ® Yes ❑ No
2. The North Andover hereby finds (check one that applies):
Conservation Commission
a. ❑ that the proposed work cannot be conditioned to meet the standards set forth in a municipal
ordinance or bylaw specifically:
1.Municipal Ordinance or Bylaw 2.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.
wpaform5.doc• rev.5/08
Page 7 of t f
Massachusetts Department of Environmental Protection
Bureau of Resource Protection -Wetlands MassIDEP File Number:
WPA Form 5 - Order of Conditions 242-1447
Massachusetts Wetlands Protection Act M.G.L. c. 131, §40
D. Findings Under Municipal Wetlands Bylaw or Ordinance (cont.)
b. ® that the following additional conditions are necessary to comply with a municipal ordinance or
bylaw:
North Andover Wetlands Protection Bylaw Chapter 178
1. Municipal Ordinance or Bylaw 2.Citation
s. The Commission orders that all work shall be performed in accordance with the following conditions
and with the Notice of Intent referenced above. To the extent that the following conditions modify or
differ from the plans, specifications, or other proposals submitted with the Notice of Intent,the
conditions shall control.
The special conditions relating to municipal ordinance or bylaw are as follows (if you need more space
for additional conditions, attach a text document):
See attached
I
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FINDINGS
242-1447
The applicant, Valley Realty Development, LLC,filed a Notice of Intent with the
North Andover Conservation Department on December 5, 2008 to complete
construction of a 270 unit affordable housing condominium/townhouse
complex, associated roadways, parking lots,utilities, stormwater management
structures, grading,landscaping activities,wetland replication/restoration and
buffer zone enhancement plantings. Work is located within the buffer zone to
bordering vegetated wetland, isolated land subject to flooding, and isolated
freshwater wetlands. The project was filed under Massachusetts General Laws,
Chapter 40B. The Order of Conditions(COC)for the project,DEP File# 242- -
1169, expired on January 21, 2008 and a Certificate of Compliance (COC) has not
been obtained.
The project was constructed in a series of phases(Phases 1, 2 &3). Phases 1 and
2 consist of buildings #1 through#5 (referred to as the Upper
Meadows/Oakridge Village) and buildings #6 through#15 (referred to as the
Lower Meadows/Maplewood Reserve) and all associated roadways,parking
lots,utilities, stormwater management structure, grading and landscaping as
proposed on plans and documents referenced in DEP File# 242-1169 and later
modified to include plans prepared by Merrimack Engineering Services dated
April 1, 2005. Phases 1 and 2 are located on northern portions of the site closest
to Turnpike Street/Route 114. Phases 1 and 2 are fully constructed and
occupied. As-built plans have not been submitted.
Phase 3 consists of buildings #16 through#28 and is located in the southwestern
portion of the site adjacent to Harold Parker State Forest. Portions of the project
completed under the OOC issued under DEP File-#242-1169 include:
• Concrete foundations for buildings #16 through#28 excluding building#21
(the proposed clubhouse and swimming pool)
• Sanitary sewer
• Storm drainage collection and treatment facilities with the exception of the
proposed roof drainage system
• Roadways and parking areas to subgrade or binder pavement
• Utilities with the exception of gas service
• Associated grading and retaining walls
Construction on the site has been documented in plans prepared by Merrimack
Engineering Services and dated December 4, 2008. Portions of Phase 3 were not
constructed in accordance with the Order of Conditions issued under DEP File#
242-1169. Changes between the design plan and the December 4,2008 plan are
documented in a letter prepared by Merrimack Engineering Services, Inc. dated
December 4, 2008 and an email document dated December 17, 2008. The design
plan used to determine the inconsistencies was the aforementioned Merrimack
Engineering plan of April 1, 2005, not the plans referenced in the previous OOC
prepared by GZA and last revised December 24, 2002. The North Andover
Conservation Commission (NACC) has acknowledged the change in the original
design plan. Deviations documented in the Merrimack Engineering
correspondence are limited to location and size of the foundations for buildings
#16 through#28 (excluding#21), detention pond square footage and volumetric
capacity, retaining wall location and length, and area of paved surfaces. Other
plan deviations that have been noted include but are not limited to:
• Lack of roof drainage system and associated level spreader gabions
• Change in outlet structure to the northeast of building#16 and between
wetland flag#202 and 203
• Location of underground utilities
In September of 2008, the applicant requested to conduct the remaining Phase 3
work under an Enforcement Order (EO). On October 8, 2008 the NACC voted to
issue an EO but rescinded that action at their October 22,2008 meeting due to
concerns about changes in the plan of record and necessary modifications. The
applicant was advised to file a new Notice of Intent(NOI) to complete the
remaining Phase 3 work.
A Notice of Intent was filed December 5, 2008. After reviewing the project at
several public meetings,the NACC requested that the applicant seek approval
from the Zoning Board of Appeals for the proposed modifications as the ZBA
issued the original 40B Permit for the project. The ZBA issued a Minor
Modification on March 25, 2009. On March 25, 2009,the NACC closed the public
hearing and voted to issue the attached Order of Conditions.
DEP FILE #242 - 1447
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, s ecifications or other
proposals submitted with the Notice of Intent, the conditions shall control.
GENERAL CONDITIONS
19. This Order of Conditions (DEP File#242-1447) is issued in addition to the Order of
Conditions previously issued for this project under DEP File #242-1169(hereinafter
"Order 242-1169"), which has expired. This new Order is necessary due to the
expiration of Order 242-1169, as not all jurisdictional work in the prior OOC had been
completed.
20. This Order of Conditions adopts and incorporates herein expired Order 242-1169,as if
that Order was fully recited herein. The remaining work for this project is specifically
addressed in this Order in Condition#21 below. No portion of this new Order shall
exempt the applicant from fully complying with all aspects of Order 242-1169 with the
exception of those activities described in Condition #21 below.
21. The proposed work includes: The construction of nine (9) residential buildings,three
(3) garages, and associated decks (Building#s 16,17, 18, 19, 20, 22,23, 24, 25, 26, 27
and 28) on existing foundations;completion of the natural gas distribution system;
construction of roof drainage system and associated level spreader gabions;final
grading and landscaping; and final paving.
22. 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: Valley Realty Development,LLC
PO Box 907
North Andover, MA 01845
Site Plans prepared by: Merrimack Engineering Services, Inc.
66 Park Street
Andover,MA 01810
Titled: Plan of Land in North Andover, Massachusetts
Dated: January 5,2009
Report prepared by: Merrimack Engineering Services, Inc.
66 Park Street
Andover, MA 01810
242-1147 The Meadows 2.DOC 1 NACC 3/26/2009
DEP FILE#242 - 1447
Other Correspondence: Merrimack Engineering Services, Inc. dated December 4,
2008
Pavement As-Built Table dated December 17,2008
Erosion Control Narrative Memo prepared by West
Environmental and dated December 17, 2008
Minor Modification to Notice of Decision Year 2002
Modification Issued: March 19,2009
Town of North Andover Zoning Board of Appeals(ZBA)
Reference Plan: Plan of Land Prepared for Valley
Realty Development, LLC by Merrimack Engineering
Services
Dated: March 17, 2009
23. The term "Applicant" as used in this Order of Conditions (OOC) 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.
24. 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.
25. 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.
26. 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.
242-1147 The Meadows 2.DOC 2 NACC 3/26/2009
DEP FILE#242 - 1447
27. 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.
28. When the project is fully completed under the requirements of both Orders,the
applicant shall duly submit appropriate materials to request and support issuance e of a
Certificate of Compliance.
.The Commission makes no finding at this time on the status
of any previously completed work,reserving all its rights of review and approval for
the submission of support materials for its consideration in the future for possible
issuance of a full and final COC at the appropriate time. At the appropriate time,the
submitted materials shall address the entire project,but clearly designate the work
done for the first Order and the work for this Order. If approved for issuance at that
time, only one COC shall issue covering both Orders.
29. The NACC reserves the right to amend this Order of Conditions after a legally
advertised public hearing if plans or circumstances are changed or if new conditions
or information so warrant.
30. Where the Department of Environmental Protection (DEP) is requested to make a
determination and to issue a Superseding Order,the Conservation Commission shall
be a party to all agency proceedings and hearings before the Department.
31. Any future project which proposes a wetland crossing in order to access certain
portions of the property will not be qualified as a limited project roadway under 310
CMR 10.53(e).
32. The following wetland resource areas are affected by the proposed work:Buffer Zone
to Isolated Land Subject to Flooding (ILSF),Freshwater Wetland,Vernal Pool/
Ephemeral Pool, 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.
33. The NACC agrees with the applicant's delineation of the wetland resource areas on
the site as shown on the plans dated referenced herein.
34. The NACC finds that the intensive use of the upland areas and buffer zone proposed
on this site will cause further alteration of the wetland resource areas. In order to
prevent any alteration of wetland resource areas a twenty five foot(25 ) No-
Disturbance Zone and a fifty foot 50') No-Construction Zone shall be established from
the edge of the adjacent wetland resource area except as permitted by Order 242-1169.
The Conservation Administrator and/or other agents of the NACC do not have the
authority to waive these setbacks as established under the local bylaw. No
disturbance of existing grade soils or vegetation is
permitted in the No-Disturbance
zone. (See Section 3.4 &Appendix F of the local Regulations).
242-1147 The Meadows 2.DOC 3 NACC 3/26/2009
DEP FILE #242 - 1447
35. 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 perrnitting 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.
36. The owners of the project and their successors in title agree that the Order does not in
itself impose upon the Town any responsibility to maintain the proposed drainage
system and that said Town shall not be liable for any damage in the event of failure.
By acceptance of this Order, the owners agree to indemnify and hold harmless to the
Town and its residents for any damage attributable to alterations undertaken on this
property pursuant to the Order. Issuance of these Conditions does not in any way
imply or certify that the site or downstream areas will not be subject to flooding,storm
damage or any other form of water damage. Maintenance of the drainage system, if
accepted by the Town as part of a public way,becomes the responsibility of the Town.
37. All requirements for wetland replication/restoration and buffer zone enhancement
planting as well as required monitoring permitted by Order 242-1169 shall remain if
effect.
38. Issuance of these Conditions does not in any way imply or certify that the site or
downstream areas will not be subject to flooding, storm damage or any other form of
water damage.
PRIOR TO CONSTRUCTION
39. No work shall be undertaken until all administrative appeal periods from this Order
have elapsed or, if such an appeal has been filed, until all proceedings before the
Department or Court have been completed.
40. This Order shall be recorded by the applicant at the Registry of Deeds immediately
after the expiration of all appeal periods. No work shall be undertaken until the Final
Order has been recorded in the Registry of Deeds or the Land Court for the district in
which the land is located, within the chain of title of the affected property. In the case
of recorded land, the Final Order shall also be noted in the Registry's Grantor Index
under the name of the owner of the land upon which the proposed work is to be done.
In the case of registered land,the Final Order shall also be noted on the Land Court
Certificate of Title of the owner of the land upon which the proposed work is to be
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.
242-1147 The Meadows 2.DOC 4 NACC 3/26/2009
DEP FILE#242 - 1447
41. A sign shall be displayed at the site not less than two square feet or more than three
square feet in size bearing the words"Massachusetts DEP,File Number 242-1447.
42. Any changes in the submitted plans caused by the applicant, another Board's decision
or resulting from this Order of Conditions must be submitted to the NACC for
approval prior to implementation. If the NACC finds said changes to be significant,
the NACC will call for another public hearing (at the expense of the applicant). Within
21 days of the close of said public hearing the NACC will issue an amended or new
Order of Conditions. Any errors found in the plans or information submitted by the
applicant shall be considered as changes. No work shall begin on a project until
written approval has been granted by the NACC.
43. It is the responsibility of the applicant, owner, and/or successor(s) to ensure that all
conditions of this Order of Conditions are complied with. The project engineer and
contractors are to be provided with a copy of this Order of Conditions and referenced
documents before commencement of construction.
44. Prior to any work commencing on-site, the applicant shall submit to the NACC for
approval, a detailed sequence of construction, including the construction of
compensation and retention areas,installation of sedimentation/erosion control
devices and re-vegetation to be completed before other work begins on-site.
45. Wetland flagging shall be checked prior to start of construction and shall be re-
established where missing. All wetland flagging shall remain visible and enumerated
per the approved plan(s) throughout the life of the project and until a Certificate of
Compliance is issued so that erosion control measures can be properly placed and
wetland impacts can be monitored. The proposed limit of work shall be shall be
clearly marked with erosion controls or temporary fencing and shall be confirmed by
the NACC. Such barriers shall be checked and replaced as necessary and shall be
maintained until all construction is complete. Workers should be informed that no use
of machinery, storage of machinery or materials, stockpiling of soil, or construction
activity is to occur beyond this line at any time. No disturbance of previously
constructed and vegetated slopes shall occur without the approval of the NACC or its
agents.
46. A row of staked hay bales backed by trenched siltation fence shall be placed between
all construction areas and wetlands as described in the Erosion Control Narrative
submitted by West Environmental and dated December 17,2008. The erosion control
barrier will be properly installed and placed as described in the herein referenced
Erosion Control Narrative and shall be inspected and approved by the NACC or its
agent prior to the start of construction and shall remain intact until all disturbed areas
have been permanently stabilized to prevent erosion. All erosion prevention and
sedimentation protection measures found necessary during construction shall be
implemented at the direction of the NACC or its agent. The NACC reserves the right
242-1147 The Meadows 2.DOC 5 NACC 3/26/2009
DEP FILE#242 - 1447
to impose additional conditions on portions of this project to mitigate any impacts
which could result from site erosion, or any noticeable degradation of surface water
quality discharging from the site. For example, installation of erosion control
measures may be required in areas not shown on the plan(s) referenced in this Order
of Conditions. Should such installation be required by the NACC,they shall be
installed within 48 hours of the Commissions request.
47. The applicant shall have on hand at the start of any soil disturbance, removal or
stockpiling, a minimum of 30 hay bales and sufficient stakes for staking these bales (or
an equivalent amount of silt fence,1 hay bale to equal 3 feet of 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.
48. The Town of North Andover has been provided a check in the amount of$70,000
which is in all respects satisfactory to Town Counsel,Town Treasurer,and the NACC,
and was posted with the North Andover Town Treasurer through the NACC as'
required under Condition#47 of Order 242-1169. Said money has been conditioned
on the completion of all conditions in this OOC and those in Order 242-1169, and shall
be released after completion of the project under both Orders of Conditions,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.
49. The applicant shall be responsible for placing signs on each parcel,where there is
more than one (1) lot, designating the applicable lot number as depicted on the plans
approved and referenced herein.
50. The applicant shall designate a Wetland Scientist(or other environmental professional
as approved by the NACC or its agent) as an"Erosion Control Monitor' to oversee
any emergency placement of controls and regular inspection or replacement of
sedimentation control devices. The name and phone number of the erosion control
monitor must be provided to the NACC in the event that this person has to be
contacted, due to an emergency at the site, during any 24-hour period, including
weekends. Proof of the retained monitor must be submitted to the Conservation
Department on letterhead by the retained consulting firm. This person shall be given
the authority to stop construction for erosion control purposes. The erosion control
monitor will be required to inspect all such devices and oversee cleaning and the
proper disposal of waste products. Cleaning shall include removal of any entrapped
silt. At least once during each week in which construction activities occurs on-site and
for as long thereafter as ground remains destabilized and following rain events of 1/2"
or more, the applicant shall submit a written report from the "Erosion Control
Monitor to the NACC certifyingthat to the best of his/her know
/ ledge 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
242-1147 The Meadows 2.DOC 6 NACC 3/26/2009
DEP FILE #242 - 1447
control monitor must visually inspect all sedimentation/erosion control measures and
assume responsibility for their maintenance on a weekly basis and that
the
arefunctionin as intended. In addition, all wetland resource areas must be visuallyinspected 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' or the edge of disturbance with signs or markers spaced evenly
every 50 feet incorporating the following text: "Protected Wetland Resource Area" as
previously required by Condition #51 of Order 242-1169. 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. These markers shall remain
posted and be replaced as necessary in perpetuity.
52. The applicant shall conduct routine maintenance of the stormwater management
system as required in the Operation and Maintenance Plan submitted under Order
242-1169. Evidence of maintenance of the stormwater system as required in Condition
#70 of Order 242-1169 shall be submitted to the NACC prior to the start of
construction.
53. The applicant and/or the legal owner of that portion of land upon which these Orders
of Conditions have been placed shall provide to the NACC prior to transferring, or
assigning any portion of said land to another party,subject to said Orders of
Conditions, the "Compliance Certification Form Affidavit" attached via"Appendix
A" signed under the pains and penalties of perjury, stating that said applicant and/or
owner has read these Orders of Conditions and is in compliance with each and every
condition. This document shall apply to each of the conditions referenced herein and
shall be provided to the Conservation Department at least five (5)business days prior
to the closing of said land transaction.
54. Once these above mentioned pre-construction requirements are complete,the
applicant shall contact the Conservation Office prior to site preparation or
construction and shall arrange an on-site conference with an NACC representative,the
contractor, 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
242-1147 The Meadows 2.DOC 7 NACC 3/26/2009
DEP FILE#242 - 1447
period of time shall be provided as notice of the pre-construction meeting(e.g. 72
hours).
ETORMWATER MANAGEMENT CONDITIONS
55. All construction and post-construction stormwater management shall be conducted in
accordance with supporting documents submitted with the Notice of Intent filed
under DEP # 242-1447 and Order 242-1169, the Department of Environmental
Protection Stormwater Management Policy and as approved by the NACC in this
Order of Conditions and Order 242-1169.
56. 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 and Order 242-1169, unless specifically
approved in writing by the Commission.
57. 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.
58. The applicants, owners, and their successors and assignees, shall maintain all portions
of the proposed roof drainage system in order to avoid blockages and siltation which
might cause failure of the system and/or detrimental impacts to on-site or off-site
resource areas, and shall maintain the integrity of vegetative cover on the site.
DURING CONSTRUCTION
59. IMPORTANT: Immediately upon completion of the club house and swimming pool
foundations, and prior to further construction on these structures, 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 locations 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. Failure to
comply may result in a stop work order for the site.
60. 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.
242-1147 The Meadows 2.DOC 8 NACC 3/26/2009
DEP FILE#242 - 1447
61. All catch basins shall be free of all accumulated silt and debris before a Compliance is
issued and the owner or his/her agent shall so specify in the request for Compliance.
62. Associated pavement and roadways shall be swept at least monthly or as directed by
the Erosion Control monitor, the Site Supervisor,Project Manager, or Conservation
staff for as long as portions of the site remain ih
exposed and unstab'
p zed.
63. All construction vehicles shall remain on paved surfaces with the exception of those
required for construction of Building#21 (clubhouse) and the associated swimming
pool. No portions of previously constructed and vegetated slopes shall be disturbed
without prior approval of the NACC or its agent.
64. De-watering activities are not approved under this Order of Conditions. No discharge,
of water is allowed directly into an area subject to jurisdiction of the Wetlands
Protection Act and/or the North Andover Wetland Bylaw. If emergency de-watering
requirements arise, the applicant shall submit a contingency plan to the Commission
for approval, which provides for the pumped water to be contained in a settling basin,
to reduce turbidity prior to discharge into a resource area. De-watering activities shall
be supervised and witnessed by the designated erosion control monitor. This
designee must be on-site while work requiring de-watering is occurring it is complete.
65. 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.
66. No exposed area shall remain unfinished for more than thirty (30) days, unless
approved by the NACC. Disturbed areas shall be loamed and seeded by November 1
each year. Areas that are not stabilized prior to the end of the growing season shall be
mulched/matted as appropriate until stabilization with loam and seed can be
established.
67. There shall be no stockpiling of soil or other materials within twenty-five (25) feet of
any resource area. Stockpile locations within jurisdictional areas shall be protected
with erosion controls. Stockpile locations not depicted on the herein referenced plans
shall be approved by the NACC or its agent.
68. Washings from concrete trucks, or surplus concrete,shall not be directed to any
drainage system or wetland resource area.
69. All waste generated by, or associated with, the construction activity shall be contained
within the limit of work, and away from any wetland resource area. There shall be no
burying of spent construction materials or disposal of waste on the site by any other
means. The applicant shall maintain dumpsters (or other suitable means) at the site
for the storage and removal of such spent construction materials off-site. However, no
242-1147 The Meadows 2.DOC 9 NACC 3/26/2009
DEP FILE #242 - 1447
trash dumpsters will be allowed within 50' of areas subject to protection under the Act
or local ByLaw.
70. Accepted engineering and construction standards andP rocedures
shall
be followed in
the completion of the project.
71. Per Condition# 67 of the previously issued OOC monitoring torin of the on-site i
solated
wetlands and vernal pools shall continue.
72. During and after work on this project, there shall be no discharge or spillage of fuel, or
other pollutants into any wetland resource area. If there is a spill or discharge of any
pollutant during any phase of construction the NACC shall be notified by the
applicant within one (1) business day. No construction vehicles are to be stored within
100 feet of wetland resource areas, and no vehicle refueling, equipment lubrication, or
maintenance is to be done within 100 feet of a resource area.
AFTER CONSTRUCTION
73. 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.
74. Fertilizers utilized for landscaping and lawn care shall be slow release,low-nitrogen
types (< 5%), and shall not be used within 25 feet of a resource area. Pesticides and
herbicides shall not be used within 100 feet of a wetland resource area. This condition
shall survive this Order of Conditions and shall run with the title of the property. This
condition is issued under the authority of the Towns Wetland Protection ByLaw and
shall remain in perpetuity.
75. No road salt, sodium chloride, or other de-icing chemicals shall be used on paved
surfaces, and any arrangement for snow removal shall so stipulate due to the
importance of the site and wetlands. Permanent signs designating"No-Salt Zone"
and"No-Snow Stockpiling Zones" shall be displayed in prominent locations. The sign
locations must be reviewed and approved by the Conservation Department.
76. Upon completion of construction and grading,all disturbed areas located outside
resource areas shall be stabilized permanently against erosion. This shall be done by
loaming and seeding according to NRCS standards. Stabilization will be considered
complete once full vegetative cover has been achieved.
77. Upon approved site stabilization by Conservation staff, the erosion controls shall be
removed and properly disposed of and all exposed unvegetated areas shall be seeded.
242-1147 The Meadows 2.DOC 10 NACC 3/26/2009
DEP FILE#242 - 1447
78. As required and described by Condition #77 of Order 242-1169, prior to the issuance
of a Certificate of Compliance, a Conservation Restriction shall be drafted and placed
on the proposed designated open space on the property.
79. As required and described in Condition #78 of Order 242-1169, a link to Harold Parker
State Forest will be provided.
80. As required and described in Condition #80 of Order 242-1169, the Operation and
Maintenance plan (submitted under Order 242-1169) shall be fully binding upon the
applicant and or owners, successors, agents, associations, heirs and assigns and must
be adhered to in perpetuity. The NACC must be notified of the party responsible for
implementation (in perpetuity) of the Operation and Maintenance Plan as it pertains
to the entire site.
81. 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(s).
h. A written statement from a Registered Professional Civil Engineer (and/or
Registered Professional Land Surveyor) of the Commonwealth certifying that the
work has been conducted as shown on the plan(s) and documents referenced
above, and as conditioned by the Commission.
i. An"As-Built" plan prepared and signed and stamped by a Registered Professional
Civil Engineer (and/or Registered Professional Land Surveyor) of the
Commonwealth,for the public record. This plan will include:
➢ "As-Built" post-development elevations of all drainage &stormwater
management structures constructed within 100 feet of any wetland resource
area. NOTE: If portions of the stormwater systems exist partially within the
Buffer Zone 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 ocal Wetland Protection Bylaw.
242-1147 The Meadows 2.DOC 11 NACC 3/26/2009
DEP FILE #242 - 1447
➢ Distances from structures to wetland resource areas. Structures include (but
are not limited to) septic systerns,additions, fences, sheds, stone walls,
pools, retaining walls, subsurface utilities and decks.
➢ A line showing the limit of work and the extent of existing erosion control
devices. "Work" includes any disturbance of soils or vegetation.
➢ Location of all subsurface utilities entering the property.
84. The following special conditions shall survive the issuance of a Certificate of
Compliance (COC) for this project and are also required by Order 242-1169:
➢ 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 Order 242-1169 and 242-1447. 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;
➢ Resource Area Markers (Condition#51);
➢ Discharge or spillage of pollutants(Condition# 72);
➢ Prohibition of underground fuels(Condition#73);
➢ Limitations on the use of fertilizers, herbicides, road salts, de-icing
compounds and pesticides (Conditions #74 & #75).
➢ Adherence to the attached "Stormwater Operations and Management Plan'
as approved under Order 242-1169,including Best Management Practices
and including annual reporting of maintenance to the NACC (Conditions
#52& #80). No additional filings will be required to conduct maintenance
of the above referenced system and plan.
242-1147 The Meadows 2.DOC 12 NACC 3/26/2009
Massachusetts Department of Environmental Protection
Bureau of Resource Protection -Wetlands MassDEP File Number:
WPA Form 5 - Order of Conditions 242-1447
Massachusetts Wetlands Protection Act M.G.L. c. 131, §40
E. Issuance
This Order is valid for three years, unless otherwise specified as a special -3 IJ71d
condition pursuant to General Conditions#4, from the date of issuance. 1.Date of Issuance
Please indicate the number of members who will sign this form:
This Order must be signed by a majority of the Conservation Commission. 2. Numbe of Signers
The Order must be mailed by certified mail (return receipt requested) or hand delivered to the applicant. A
copy also must be mailed or hand delivered at the same time to the appropriate Department of
Environmental Protection Regional Office, if not filing electronically, and the proptner, if different
from applicant.
Signatures: � �✓L- _ ,.'�.�'''
E -
Notary Acknowledgement
Commonwealth of Massachusetts County of Essex North
On this fy /�,eC4 9
Day of Month
Year
Before me, the undersigned Notary Public, 42 �
personally appeared Name of Document signer
proved to me through satisfactory evidence of identification, which was/were
Massachusetts License
Description of evidence of identification
to be the person whose name is signed on the preceding or attached document, and acknowledged to
me that he/she signed it voluntarily for its stated purpose.
As member of North Andover
City/Town Conservation Commission
E
DONNA M.V"71-7-
COMHfONYVEALT I Cr` -TT$
My
Comm.Expires Aug. ,-;,pg *gnature of Notary Public
PnnteddNa/me/of Notary Public
Place notary seal and/or any stamp above "/`1!`7de17
My commission Expires(Date)
This Order is issued to the applicant as follows:
[�by hand delivery on ❑ by certified mail, return receipt requested, on
a 9
Date Date
wpaform5.doc• rev.5/08
Page 9 of 11
Massachusetts Department of Environmental Protection
Bureau of Resource Protection - Wetlands MassDEP File Number:
WPA Form 5 - Order of Conditions 242-1447
Massachusetts Wetlands Protection Act M.G.L. c. 131, §40
F. Appeals
The applicant, the owner, any person aggrieved by this Order, any owner of land abutting the land subject
to this Order, or any ten residents of the city or town in which such land is located, are hereby notified of
their right to request the appropriate MassDEP Regional Office to issue a Superseding Order of
Conditions. The request must be made by certified mail or hand delivery to the Department, with the
appropriate filing fee and a completed 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.Any appellants seeking to appeal the Department's
Superseding Order associated with this appeal will be required to demonstrate prior participation in the review
of this project. Previous participation in the permit proceeding means the submission of written information
to the Conservation Commission prior to the close of the public hearing, requesting a Superseding Order
or Determination, or providing written information to the Department prior to issuance of a Superseding
Order or Determination.
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.
Section G, Recording Information is available on the following page.
wpaform5.doc• rev.5/08 -
Page 10 of 11
Massachusetts Department of Environmental Protection
Bureau of Resource Protection - Wetlands MassDEP File Number:
i
WPA Form 5 - Order of Conditions 242-1447
Massachusetts Wetlands Protection Act M.G.L. c. 131, §40
G. Recording Information
This Order of Conditions must be recorded in the Registry of Deeds or the Land Court for the district in
which the land is located, within the chain of title of the affected property. In the case of recorded land,the
Final Order shall also be noted in the Registry's Grantor Index under the name of the owner of the land
subject to the Order. In the case of registered land, this Order shall also be noted on the Land Court
Certificate of Title of the owner of the land subject to the Order of Conditions. The recording information on
this page shall be submitted to the Conservation Commission listed below.
North Andover
Conservation Commission
Detach on dotted line, have stamped by the Registry of Deeds and submit to the Conservation Commission.
-------------------------------------------- ---------------
To:
North Andover
Conservation Commission
Please be advised that the Order of Conditions for the Project at:
2357 Turnpike Street 242-1447
Project Location MassDEP File Number
Has been recorded at the Registry of Deeds of:
Essex North
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 g e of Applicant
wpaform5.doc• rev.5/08
Page 11 of 11
DEP FILE#242 - 1447
APPENDIX A -AFFIDAVIT
L 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) (applicant name or company name)
the applicant upon whom Order of Conditions
have been placed upon by (DEP or NACC number)
the North Andover Conservation Commission.
&/or
2. 1 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. 1 hereby affirm and acknowledge that I have received said Order of Conditions
and have read the same and understand each
(DEP File#) and every condition which has been set forth
in said Order of Conditions.
4. I hereby affirm and acknowledge that on this day of 19
I inspected said property together with any and all improvements which have
been made to the same and hereby certify that each and every condition set
forth in Order of Conditions are presently in compliance.
(DEP File#)
5. I hereby affirm and acknowledge that this document will be relied upon by the
North Andover Conservation Commission as well as any potential buyers of
said property which is subject to said Order of Conditions
(DEP File#)
Signed under the pains and penalties of perjury this day of 19
(Signature-authorized agent of applicant or owner)
242-1147 The Meadows 2.DOC 13 NACC 3/26/2009
Town of North Andover � r
ZONING BOAR OF APPMS
:i
,Llhk,•rt P.,\tOtt�t 111,Ir`rl C:brarrann
Ii11ru P.WIntyre,1'101C,7rnirloair P
Ibchiwd 1.liyu:.,1•11"q,clerk
Richard M.Vaillancourt �? p
a^11,r01;VN�r:�tPiRllrrr ♦ t g` 1 � �,,. ..
t'homn•1). Irrnhm '� "9. «;:a... • MASSx.e
Daniel S. Hrue'se,I:yip �Sr'++.,.•". _ .
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Minor Modification to Notice of Decision Year 2002
Property at 2357 Turnpike Street
NAME: Valley Realty Development,LLC Modification Date: March 19,2009
ADDRESS: 2357 Turnpike Street(Maps 168A Parcel 17 PETITION: 2002-031
& M 108.C. Parcels 33,38&39
The North Andover Board of Appeals held a public hearing at its regular meeting on Thursday,March 19,2009,at
7:30 PM in the Lecture Hall,North Andover High School.430 Osgood Street.North Andover,MA upon the
application of Valley Realty Development,LLC,2357 Turnpikes Street(Map I O&A, Parcel 17 and Map 108.0,
Parcels 33,38&39)requesting the Board to allow Valley Realty Development,I.LC to modify Building 21 by
constructing a smaller Building 21 and an in-ground swimming pool within the footprint of the proposed Buildings
21 footprint as shown on:
i GIA Geol nvironmental.Inc.-Masi. C-2C SiTE IXVELOPMENr AND GRADING PLAN 12/06/02
The following voting members were present: Filen P.McIntyre and Richard M.Vaillancourt,Thomas D. Ippolito.
and Michael P.Liporto.
Upon a motion by Richard M. Vaillancourt and 2"d by Thomas D. Ippolito,the Board found that the modification to
the Comprehensive Permit 2002-031 site plan is a minor modification and that this minor modification does not alter
the intention of the Comprehensive Permit decision 2002-031. Voting in favor: Ellen P.McIntyre,Richard M.
Vaillancourt,Thomas D. Ippolito,and Michael P.Liporto.
Upon a motion by Richard M. Vaillancourt and 2"w by Thomas D. Ippolito.the Board voted to GRANT the minor
modification to construct the proposed swimming pool and the proposed Building#21,the Club House Building.
within the Building#21 GZA GcoEnvironmental, Inc.Sheet C-2C dated 12/06/02 footprint. The revised Building
021 and proposed swimming l shall be constructed per. _
Site: 2357 Turnpike Street,(Map 108A,Parcel 17&Map 108.0:,Parcels 33."38& 39),
North Andover,MA 10845 _
Site Plan Title: Plan of Land,in,North Andover,Mwsachusetts,prepared for.Valley Realty
Development, I;LC,P.O. Box 907,North Andover,Massachusetts 01845.
Date(&Revised Dates)! March 17,2009
Registered Professional Stephen E.Stapinski,R. L.S., Merrimack Engineering Services,Inc.,66 Park
Land Surveyor: _ Street,Andover,MA 01810 _
Sheetmrawin : YAR I4\DWGS\6336\ZBA\6336ZBAI.DWG 3/18109
Voting in favor: Ellen P. McIntyre,Richard M. Vaillancourt.'1`hornas D. Ippolito,and Michael P.Liporto.
North Andover Zoning Board of A a
Ellen P.McIntyre,Chairman
Richard M.Vaillancourt
Associate Members
Thomas D. Ippolito
Michael P.Liporto
Decision 2002-031 Modification 1.
M 108.AP 17&M 108.CP33,38&39.
tcd10 Chgood St..HWS 20-Suitc 2-36.Nnrth Andover.MA 0 184 5
PhnnC-978-688-9541 Parc-978-688-91,;42 Web-www.arwnuthMhandaver.c<nn
Town of North Andover
ZONING BOARD OF APPEALS
Albert P.Manzi III,Esq.Chairman cE NOto RTH Associate Members
Ellen P.McIntyre,I'ic4 Chairawn ,p`' *`: `• oL Thomas D.Ippolito
Richard J.Byers,Esq,Clerk �° p Daniel S.Braese,Esq.
Joseph D.LaGrasse -
� i
Richard M.Vaillancourc +� "04 ;;w ,ra Zoning Enforcement icer
'�►� +,T.o�'�,c`� GeraldA. own
Ss�cays� 4.
ti
Minor Modification to Notice of Decision Year 2002
Decision Address: 2357 Turnpike Street
NAME: Valley Realty Development,LLC I MODIFICATION DATE: 8-12-2008
ADDRESS: 2357 Turnpike Street,North Andover,MA 01845 1 PETITION: 2002-031
The North Andover Board of Appeals held a public hearing on Tuesday,August 12,2008,at 7:30 PM in the Town
Hall top floor meeting room, 120 Main Street,North Andover,MA upon the application of Valley Realty
Development,LLC requesting that the North Andover Zoning Board of Appeals allow different locations from
those cited in the Regulatory Agreement dated May 25,2005 and registered at the Essex North Registry of Deeds as
Book 9532,Pages 228 of affordable units among the Maplewood Reserve buildings for the Comprehensive 40B
petition 2002-031's Regulatory Agreement. The Comprehensive 40B concerns Oakridge Village&Maplewood
Reserve at 2357 Turnpike Street(Map 108A,Parcel 17&Map 108.C,Parcels 33,38&39).
The following voting members were present: Ellen P.McIntyre,Joseph D.LaGrasse,Richard J.Byers,and Thomas
D.Ippolito.
Upon a motion by Richard J.Byers and 2nd by Joseph D.LaGrasse,the Board found that the request to relocate 4
affordable units scheduled for Buildings 16, 17, 18,20,22,23,26,or 27 into Buildings 13, 14,& 15 is a minor
modification and that this modification does not alter the intention of the Comprehensive 40B decision 2002-031 or
the Regulatory Agreement. Voting in favor: Ellen P.McIntyre,Joseph D.LaGrasse,Richard J.Byers,and Thomas
D. Ippolito,
Upon a motion by Richard J.Byers and 2nd by Joseph D.LaGrasse,the Board voted to GRANT Valley Realty
Development,LLC's request to modify the Comprehensive Permit 2002-031's Regulatory Agreement by permitting
the re-relocation of 4 affordable units scheduled in the Regulatory Agreement for the undeveloped Buildings 16, 17„
18,20,22,23,26,or 27 into the developed units 1305,1401, 1405,and 1501. In all other respects,the original
decision remains in full force and effect as modified hereby. Voting in favor: Ellen P.McIntyre,Joseph D.
LaGrasse,Richard J.Byers,and Thomas D.Ippolito.
North Andover Zoning card of A s
Ellen P.McIntyre,Vice Chairman
Richard J.Byers,Esq.,Clerk
Joseph D.LaGrasse
Associate Member
Thomas D.Ippolito
Decision 2002-031 Regulatory Agreement Modification 3.
M 108.AP17&M108.CP33,38&39.
1600 Osgood Street,Building 20-Suite 2-36,North Andover,Massachusetts 01845
Phone-978-688-9541 Fax-978-688-9542 Web-www.townofnorthandover.com