HomeMy WebLinkAboutNORTH ANDOVER RESIDENTIAL PROPERTIES LLC Massachusetts Department of Environmental Protection
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Bureau of Resource Protection - Wetlands DEP File Number:
WPA Form 5 - Order of Conditions 242-1247
Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 Provided by DEP
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
not use the
return key. ❑ Amended Order of Conditions
QTo: Applicant: Property Owner(if different from applicant):
Capital Group Properties North Andover Residential Properties, LLC
Name Name
259 Turnpike Street 259 Turnpike Street
Mailing Address Mailing Address
Southborough MA. 01722 Southborough MA. 01772
City/Town State - Zip Code City/Town State Zip Code
1. Project Location:
Greene Street, Kenwood Street, Mass Ave. North Andover
Street Address City/Town
Map 11; Map 7 Lots 29, 60, 28 (respectively)
Assessors Map/Plat Number Parcel/Lot Number
2. Property recorded at the Registry of Deeds for:
Essex South 370; 1052 319; 144
County Book Page
11889
Certificate(if registered land)
3. Dates:
4/30/04 5/26/04 6/16/04
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):
NOI April 30, 2004
Title Date
Plan of Proposed Conditions 7/20/00 last
Title revised 1/17/02
Definitive Plan: Planned Development(See attached for additional) 3/28/01 last
Title revised 5/14/01
5. Final Plans and Documents Signed and Stamped by:
Philip G. Christiansen P. E.
Name
6. Total Fee:
$ 3,075 (including Bylaw fee)
(from Appendix B:Wetland Fee Transmittal Form)
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Massachusetts Department of Environmental Protection
r.
Bureau of Resource Protection - Wetlands DEP File Number:
WPA Form 5 - Order of Conditions 242-1247
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 Z 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.
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LlMassachusetts Department of Environmental Protection
Bureau of Resource Protection - WetlandsDEP Fiie"umber:
WPA Form 5 - Order of Conditions 242-1247
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 242-1247 "
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.
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DEP FILE #242-1247
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 erformed in accordance with said conditionsn i
pa d w th the Notice of Intent
referenced below. To the extent that the following_conditions modify or differ from the
plans, specifications or other proposals submitted with the Notice of Intent, the
conditions shall control.
GENERAL CONDITIONS
18. Failure to comply with all conditions stated herein, and with all related statutes and
other regulatory measures, shall be deemed cause to revoke or modify.this Order.
19. This Order does not grant any property rights or any exclusive privileges;it does
not authorize any injury to private property or invasion of property rights.
However, the NACC, agent of the NACC or the Department of Environmental
Protection(DEP) reserves the right to enter and inspect the property at all
reasonable times until a Certificate of Compliance is issued, to evaluate compliance
with this Order of Conditions, the Act(310 CMR 10.00), the North Andover Wetland
ByLaw and Regulations, and may require any information, measurements,
photographs, observations, and/or materials, or may require the submittal of any
data or information deemed necessary by the NACC for that evaluation. Further,
work shall be halted on the site if the NACC, agent or DEP determines that any of
the work is not in compliance with this Order of Conditions. Work shall not resume
until the NACC is satisfied that the work will comply and has so notified the
applicant in writing.
20. This Order does not relieve the permittee or any other person of the necessity of
complying with all other applicable federal, state or local statutes,ordinances, by-
laws or regulations.
21. The work authorized hereunder shall be completed within three years from the date
of this order.
22. This Order may be extended by the issuing authority for one or more periods of up
to one year each upon application to the issuing authority at least thirty days (30)
prior to the expiration date of the Order (Refer to Section 8.3 (p.37)of the North
Andover Wetland Regulations).
23.The NACC reserves the right to amend this Order of Conditions after a legally
advertised public hearing if plans or circumstances are changed or if new conditions
or information so warrant.
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` DEP FILE #242-1247
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 aa
p rty to all agency proceedings and hearings before the Deparhnent.
25. This Order of Conditions is issued under File No. 242-1247. A previous Order of
Conditions was issued under File No. 242-1025,but has expired and is no longer
valid. This Order of Conditions supercedes that of 242-1025 (however,relevant
information and/or paperwork may be located in the expired filing).
26. 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.
27. 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.
28. The proposed work includes: Demolition of an existing building and new
construction associated with a proposed 43-unit elderly housing facility -with
associated driveway,utilities,stormwater management system and approved
mitigation measures including the reconfiguration of an existing intermittent
stream channel
29. 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: Capital Group Properties
259 Turnpike Road
Southborough,MA 01772
Prepared by: Seekamp Environmental Consulting,Inc.
129 Route 125
Kingston,NH 03848
Entitled and Dated: "Notice of Intent For the property located at the
intersection of Greene St.,Kenwood St.,and Mass
Ave. Map 11,Lot 29;Map 11,Lot 60;and Map 7, Lot
28 North Andover,MA 01845", dated April 30,2004
with Table of Contents and Attachments A through
j as follows:
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DEP FILE #242- 1247
A. "Revised Notice of Intent," prepared by Wetland
Preservation,Inc. on July 21,2000;revised on August
23,2000
B. "Engineering Supplement to the Notice of Intent;"
prepared by Christian & Sergi, Inc. on July 20,
2000; revised on August 21 & September 19, 2000
C. "Notice of Intent Review;" prepared by Epsilon
Associates, Inc. on September 5, 2000
D. Attachment#2, "Response to Eggleston
Environmental's Review Comments;"prepared by
Christiansen & Sergi, Inc. on September 22, 2000
E. "Second Review of Notice of Intent;" prepared by
Epsilon Associates,Inc. on September 26,2000
F. "Summary of Project Changes/Commitments;"
prepared by Wetlands Preservation, Inc. on October
4,2000
G. Attachment#1,"Responses to Comments of Epsilon
Associates,Inc.; Prepared by Wetlands
Preservation,Inc. on October 4,2000
H. "MA WPA Form 5—Order of Conditions; and
Town of North Andover Order of Conditions;"
(October 18,2000)
I. "Restoration Area Planting Plan: DEP File#242-
1025; Applicant: Riverbend Crossing LLC"
(undated), prepared by Basbanes Associates, Inc. 6
pp-
J. "Plan of Existing Conditions for Riverbend Crossing
at Greene Street in North Andover, MA", prepared
by Christiansen & Sergi on July 20,2000. Revised
August 21,2000 and September 21,2000. (Plan of
reference in Order of Conditions issued by NACC
on October 18, 2000.)
Site Plans prepared by: Christiansen &Sergi,Inc.
160 Summer Street
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DEP FILE #242-1247
Haverhill,MA 01830
Entitled"Plan of Proposed Conditions for
Riverbend Crossing at Green Street in North
Andover,Mass.".
Dated July 20,2000,last revised 1/`1.7/02
Supplemental Site
Plans Prepared by: Christiansen&Sergi
160 Summer Street
Haverhill,MA 01830
Entitled"Definitive Plan; Planned Development
for"Riverbend Crossing" an Independent Elderly
Housing Community on Green Street in North
Andover,Mass " - Sheets 2-7.
Dated March 28,2001,revised May 14,2001
30. The following wetland resource areas and their associated 100-foot buffer zone
(where applicable) are affected by the proposed work: 25-foot No-Disturbance
Zone,50-foot No-Construction Zone,Inland Bank, Bordering Land Subject to
Flooding (BLSF),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.
31.The NACC agrees with the applicant's delineation of the wetland resource areas on
the site as shown on the plans dated referenced herein.
32. 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 follows:
Upgradient of wetland flags I-15 though I-7,F-7 through F-1, D1,C1,A3, B3 and
up slope of the banks associated with the re-configured stream channel. Please
refer to the record site plans referenced herein for exact locations. 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).
SII
33. 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
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DEP FILE #242-1247
Intent and approved by this Order of Conditions, unless specifically approved in
writing by the Commission.
34.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.
35. The owners of the project and their successors in title, in the event they proceed to
alter areas subject to the Commission's jurisdiction under the order, agree that the
Order does not in itself impose upon the Town any responsibility to maintain the
proposed drainage system and that said Town shall not be liable for any damage in
the event of failure. By acceptance of this Order,the owners agree to indemnify and
hold harmless to the Town and its residents for any damage attributable to
alterations undertaken on this property pursuant to the Order. Issuance of these
Conditions does not in any way imply or certify that the site or downstream areas
will not be subject to flooding, storm damage or any other form of water damage.
Maintenance of the drainage system, if accepted by the Town as part of a public
way, becomes the responsibility of the Town.
36. The NACC finds the applicant's proposal for 40,722 sq.ft of wetland
replication/restoration to be adequate. In addition,and in order to mitigate both
temporary and permanent impacts to bordering land subject to flooding (BLSF),
lower floodplain, riverfront area, and inland bank, the applicant shall provide the
following mitigation measures (as described in the Notice of Intent application):
• All areas of temporary disturbance will be restored in place. Impacted areas
will be re-graded, loamed,seeded and replanted with species that existed
before the temporary disturbance.
• Approximately 170 linear feet of intermittent stream will be constructed as
replication for the loss of approximately 162 linear feet of significantly
degraded intermittent stream..
• Wildlife habitat restoration/replication at slightly greater than 1:1 shall be
provided on both lots 60 and 28.
• The site currently includes a significant dump area located approximately� 50-
feet from the top of the.Shawsheen River bank located npgradient between
wetland flags H1 and E1,as described in the Notice of Intent application.
The applicant shall remove this material and return the area to a more
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DEP FILE #242-1247
valuable lower floodplain and riverfront area as described in the Notice of
Intend
• In order to mitigate impacts to wetland wildlife, the restoration/replication
area shall be supplemented w/ a series of"bird boxes"to be approved by
the Conservation Administrator
• The applicant shall construct a trail system with a boardwalk,which
complies with the Town's Open Space and Recreation Plan and long term
trail connection program. Necessary public access easements over this trail
shall be provided to the NACC allowing the public to reach the Shawsheen
River.
37. 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 CONDITIONS
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 242-1247".
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DEP FILE #242-1247
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.
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 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.
44. 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 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.
45. A row of double staked hay bales backed by trenched siltation fence shall be
placed between all construction areas and wetlands. The erosion control barrier
will be properly installed and placed as shown on the plans approved and
referenced herein and shall be inspected and approved by the NACC prior to the
start of construction and shall remain intact until all disturbed areas have been
permanently stabilized v
p y ilized 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
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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.
46. The applicant shall have on hand at the start of any soil disturbance, removal or
stockpiling, a minimum of fifty(50) extra 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
47.A check payable to the Town of North Andover shall be provided in the amount of
$125,000, 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 only 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. Said bond money posted under the old filing shall be
properly transferred and processed under this Order. Furthermore,the NACC
has waived the right for the applicant to propose a monetary bond release and/or
reduction for specific portions of the project until fall completion of the project
has been fully satisfied and the final Certificate of Compliance has been issued.
48. Compensatory flood storage shall be constructed prior to any filling of Bordering
Land Subject to Flooding.
49.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 week in which construction activities occurs on-site and for as
long thereafter as ground remains unstabilized,the applicant shall submit a
written report from the erosion control monitor to the NACC certifying that,to
the best of his,/her knowledge and belief based on a careful site inspection, all
work is being performed in compliance with this Order of Conditions. All
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wetland resource areas must be visually inspected for siltation,turbidity, and/or
other wateruali impacts. The erosion control monitor must also visually
9 tY P Y
inspect and report on all sedimentation/erosion control measures and assume
responsibility for their maintenance that they are functioning as intended. In
addition,the 25'No-Disturbance Zone and 50'No-Construction Zone setbacks
must be verified weekly on each lot within the jurisdiction of the NACC (except
where otherwise waived) and so stated in the weekly inspection reports until
Certificates of Compliance are issued by the NACC.
50. Prior to construction, the applicant shall permanently mark the edge of wetland
resource areas 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.
51. The applicant shall stake out the foundation corners prior to construction and
verify that the building setbacks depicted on the plan of record are adhered to.
52. 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 "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.
53. The applicant has designated snow stockpile locations on the record site plans,
however, they are small in size and it is possible that these areas may not have
enough storage area. The applicant shall verify with the DPW that the area
depicted in the public cul-de-sac on the record plan is permissible for stockpiling
j snow collected from the site. The applicant shall submit a final snow-stockpiling
plan with written authorization from DPW prior to construction. The applicant
shall remove any excess snow from the stockpile areas (and dispose of at an off-site
location in accordance with local and state laws) should said snow exceed the
storage capacity of the areas identified.
54. The applicant shall prepare an enhanced planting scheme for the re-configured
stream. The applicant shall incorporate a greater density of shrub and sapling
plantings along the slope in lieu of a manicured grass swale.
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55.The applicant shall submit a revised wetland replication,/restoration-planting list.
The current list does not quantify the number of shrubs and saplings to be
planted in the restoration area(s). In addition, and due to the large restoration
area, the applicant shall submit a revised site plan depicting planting locations
and species throughout the site including the above-mentioned intermittent
stream.
56. The applicant has requested permission to fill in the intermittent stream channel
but delay construction of the replicated stream due to construction access
restraints (see the note on the"Temporary Grading Plan"). The NACC is not
opposed to this scenario because adequate temporary stormwater management
measures have been provided for. However,the applicant shall submit a more
defined construction sequence with specific timetables that are to be adhered to.
The applicant shall propose a phased construction approach with specific
milestones,which are subject to review and approval by the Conservation
Administrator prior to moving forward with the next phase. Special provisions
shall be made for compensatory flood storage as it relates to altered floodplain.
57.Additional de-watering contingency measures beyond simple dewatering filters
shall be provided in the event that these devices fail or prove to be inadequate.
In addition, the applicant has not clarified,with enough detail, sizing information
and/or anticipated pumping rates/volumes. The NACC recognizes that these
questions will be better answered during actual excavation but contingency
measures shall be in place to avoid potential impacts to wetland resource areas.
58.The applicant shall submit a revised site plan and detail depicting a 2-foot wide
by 2-foot high fieldstone wall situated north of the lower floodplain and
replication area located south of the building. Said wall shall also extend
immediately up slope and parallel to the reconfigured stream channel. This
revised site plan and detail is subject to review and authorization by the
Conservation Commission and/or their designated Agent.
59. 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
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DEP FILE # 242- 1247
shall notify the NACC in writing of the identity of the on-site construction
supervisor hired to coordinate construction and to ensure compliance with this
Order. A reasonable period of time shall be provided as notice of the pre-
construction meeting (e.g. 72 hours).
STORMWATER MANAGEMENT CONDITIONS
6Q. 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.
61. 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.
62. 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.
63. The applicants, owners, and their successors and assignees, shall maintain all
culverts, collections basins, traps, outlet structures, subsurface storage areas, and
other elements of the drainage system, unless put into an easement to the Town of
North Andover, in order to avoid blockages and siltation which might cause failure
of the system and/or detrimental impacts to on-site or off-site resource areas, and
shall maintain the integrity of vegetative cover on the site.
DURING CONSTRUCTION
64.IMPORTANT: Immediately upon completion of the building foundation, and prior
to further construction activities associated with the site, the applicant shall
complete a plan prepared by a Registered Professional Land Surveyor (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.
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DEP FILE # 242- 1247
65. 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
P P P
sequence.
66.At the end of each growing season,a progress report of the relative successor
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.
67.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 Compliance is issued and the owner or
his,/her agent shall so specify in the request for Compliance.
68. The sewer lines on the site shall be tested for water tightness in accordance with
North Andover DPW standards.
69. Approved de-watering activities shall be supervised and witnessed by the
designated erosion control monitor. De-watering activities shall be conducted as
shown on the approved plans and shall be monitored daily by the erosion control
monitor to ensure that sediment laden water is appropriately settled prior to
discharge toward the wetland resource areas. No discharge of water is allowed
directly into an area subject to jurisdiction of the Wetlands Protection Act and/or
the North Andover Wetland ByLaw. If emergency de-watering requirements arise,
the applicant shall submit a contingency plan to the Commission for approval that
provides for the pumped water to be contained in a settling basin, to reduce
turbidity prior to discharge into a resource area.
70. 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.
71. No exposed area shall remain unfinished for more than thirty (30) days, unless
approved by the NACC.
72. 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.
C:\MSword\OOC\242-1247GreeneSt.doc 12 NACC 6/16/04
DEP FILE #242- 1247
73, There shall be no stockpiling of soil or other materials within twenty-five (25) feet of
any resource area unless otherwise approved by this Order of Conditions and the
record drawings referenced herein.
74. 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.
75. Washings from concrete trucks, or surplus concrete, shall not be directed to, any
drainage system,or wetland resource area.
76. 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.
77. Accepted engineering and construction standards and procedures shall be followed
in the completion of the project
78. 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.
79. Per the note on the"proposed conditions plan",the temporary 12-inch RCP drain
between headwall #1 and drain manhole B shall be abandoned and sealed once
the re-constructed stream is in place.
AFTER CONSTRUCTION
80. 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.
C:\A4Sword100C\242-1247GreeneSt.doc 13 NACC 6/16/04
f
DEP FILE #242- 1247
81. Fertilizers utilized for landscaping and lawn care shall be slow release, low-
nitrogen types (< 5%), and shall not be used within 25 feet of a resource area.
Pesticides and herbicides shall not be used within 100 feet of a wetland resource area.
This condition shall survive this Order of Conditions and shall run with the title of the
property. This condition is issued under the authority of the Town's Wetland
Protection ByLaw and shall remain in perpetuity.
82. 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 and
are subject to review and approval by the Conservation Commission and/or their
designated Agent.
83. 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.
84. 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 property owner shall be submitted with the
request for a Certificate of Compliance indicating that they read and
understood the recorded Order of Conditions prior to acquiring the subject
property.
e. The name and address of the individual/trustor 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:
• "As-Built" post development elevations of all drainage& stormwater
management structures constructed within 100 feet of any wetland
C:1MSword100C1242-1247GreeneSt.doc 14 NACC 6/16/04
DEP FILE # 242- 1247
resource area. NOTE: If portions of the stormwater systems exist
partially within the Buffer Zone then the entire structure must be
depicted to accurately verify compliance.
• "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) septic systems, additions, fences,
sheds, stone walls, pools, retaining walls, subsurface utilities and
decks.
• A line showing the limit of work and the extent of existing erosion
control devices. "Work" includes AU disturbance of soils or
vegetation.
• Location of all subsurface utilities entering the property.
85. 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#242-1247. Future work within
100' of existing wetland resource areas will require a separate filing
with the NACC. The Conservation Administrator and/or other agents
of the NACC do not have the authority to waive these setbacks as
established under the local ByLaw (Condition#32);
• A continuing perpetual condition prohibiting further alteration within
the restoration or mitigation areas associated with the project. Prior to
requesting a Certificate of Compliance, the applicant shall demonstrate
that the restoration or mitigation has been successfully completed for
at least two growing seasons (Condition #66);
• Maintenance of the stormwater management system (Condition #61);
• Discharge or spillage of pollutants (Condition #78);
• Prohibition of underground fuels (Condition#80);
C:\MSword\OOC\242-1247GreeneSt.doc 15 NACC 6/16/04
DEP FILE #242-1247
• Limitations on the use of fertilizers, herbicides, road salts, de-icing
compounds and pesticides(Condition #81 &82);
• The attached "StormwaIter Operations and Management Plan",
including Best Management Practices. No additional filings will be
required to conduct maintenance of the above referenced system and
plan.
C:\MSword\OOC\242-1247GreeneSt.doc 16 NACC 6/16/04
DEP FILE #242-1247
APPENDIX A-AFFIDAVIT
I, on oath do hereby depose and state:
(authorized agent applicant and/or current owner)
(PLEASE CHECK AT LEAST ONE BLOCK)
1. 1 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. I am the of
(position with owner) (owner name)
the owner upon whose land Order of Conditions
have been placed up by (DEP or NACC number)
the North Andover Conservation Commission.
3. I hereby affirm and acknowledge that I have received said Order of Conditions
and have read the same and understand each
(DEP File#) and every condition which has been set forth
in said Order of Conditions.
&
4. I hereby affirm and acknowledge that on this day of 19
1 inspected said property together with any and all improvements which have
been made to the same and hereby certify that each and every condition set
forth in Order of Conditions are presently in compliance.
(DEP File#)
5. 1 hereby affirm and acknowledge that this document will be relied upon by the
North Andover Conservation Commission as well as any potential buyers of
said property which is subject to said Order of Conditions
(DEP File#)
Signed under the pains and penalties of perjury this day of 20
(Signature-authorized agent of applicant or owner)
C:\MSword\OOC\242-1247GreeneSt.doo 17 NACC 6/16/04
LAIMassachusetts Department of Environmental Protection
Bureau of Resource Protection - Wetlands DEP File Number:
WPA Form 5 Order of Conditions 242-1247
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
This Order is valid for three years,unless otherwise specified as a special condition pursuant to General
Conditions#4, from the date of issuance.
Date
This Order must be signed by a majority of the Conservation Commission. 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 Environment ectioh Regional
Office(see Appendix A) and the grope 'owner(if different from applicant
SigWres: .
d
On a Of NO,/ Qcav
Day Month a Year
before me personally appeared
SCO + V�S SrL
to me known to be the person described in and who executed theff
f
acknow dged that he/she executed the same as his/her free act affnIe
DOWAAt WEDGE
�r Ztl Q G oOMI�I OFIMWARVIR1 CIWl AEM
otary Public My Commiss
This Order is issued to the applicant as follows:
❑ by hand delivery on 2 oy certified mail, return receipt requested,on
Date Date
Wpaform5.doc-rev.12/15/00
Page 5 of 7
Massachusetts Department of Environmental Protection.
Bureau of Resource Protection - Wetlands DEP File Number:
ILI,
WPA Form 5 - Order of Conditions
242-1247
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.12/15/00
Page 6 of 7
Massachusetts Department of Environmental Protection DEP File Number:
Bureau of Resource Protection -Wetlands
WPA Form 5 - Order of Conditions 242-1247
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:
North Andover
Conservation Commission
Please be advised that the Order of Conditions for the Project at:
242-1247
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.12/15/00 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)
r� Project Location
Mailing Address
/enm
Cityrrown 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.5/24/04 Page 1 of 2
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
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.5/24/04 - Page 2 of 2
Massachusetts Department of Environmental Protection DEP File Number:
Bureau of Resource Protection - Wetlands
WPA Form 5 - Order of Conditions 242-1247
Provided by DEP
Massachusetts Wetlands Protection Act M.G.L. c. 131, §40
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 rneet 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:
North Andover Wetland Protection Bylaw Chapter 178
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.
Pae4of7
Wpaform5.doc-rev.12/15/00 f 9