HomeMy WebLinkAboutDecision - 148 MAIN STREET 8/24/2017 Massachusetts Department of Environmental Protection Provided by MassDEP:
Bureau of Resource Protection-Wetlands MassDEP File#:242-1716
ti WPA Form 5-Order of Conditions eDEP Transaction#:949095
Massachusetts Wetlands Protection Act M.G,L.c. 131,§40 City/Town:NORTH
ANDOVER
A. General Information
1. Conservation Commission NORTHANDOVER
2.Issuance a. P OOC b.r Amended OOC
3.Applicant:Details
a.First Narne GREGORY b.Last Name SMITH
c.Organization ELM MILL REALTY TRUST
d.Mailing Address 146 MAIN STREET,BUILDING A
e.City/Town NORTHANDOVER f. State MA g.Zip Code 01845
4.!Pro perty,Owner
a.First Name DONALD b.Last Name MORIARTY
c.Organization SUTTON POND CONDOMINIUM TRUST
d,Mailing Address 148 MAIN STREET
c.City/Town NORTHANDOVER f. State MA g.,Zip Code 01845
5.Project Location
a.Street Address 146 MAIN STREET,BUILDING A
b.City/Town NOR'T'H ANDOVER c.Zip Code 01845
d.Assessors 40 e.Parcel/Lot# 4&5
Map/Plat#
f.Latitude 42,7031ON g,Longitude 71.12897W
6.Property recorded at the Registry of Deed for;
a.County b.Certificate c.Boole d.Page
NORTHERN ESSEX 3840 0037
7,Dates
a.Date NOI Filed: 7/31/2017 b.Date Public Hearing Closed: 8/23/2017 c.Date Of Issuance: 812412 0 1 7
81inal Approved Plans and Other Documents
a.Plan Title: b.Plan Prepared by: c.flan Signed/Stamped by: d.Revised Final Date: e.Scale:
FORCE MAIN THE MORIN-
SEWER PLAN(2 CAMERON GROUP, SCOTT P.CAMERON,P.E. July 11,2017 1"=20'
SHEETS-SITE INC
PLAN&DETAILS)
B.Findings
IFindings!pursuarit to the Massachusetts WetlandsProtection Act
Following the review of the the above-referenced Notice of Intent and based on the information provided in this
application and presented at the public hearing,this Commission.Ends that the areas in which work is proposed is
significant to the following interests of the Wetlands Protection Act,
Check all that apply:
a.rv- Public Water Supply b, F Land Containing Shellfish c.)v Prevention of Pollution
d IW Private Water Supply e. IV Fisheries £ 1v Protection of Wildlife Habitat
g. 17 Ground Water Supply h.1✓ Storm Damage Prevention i. W Flood Control
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Massachusetts Department of Environmental Provided byMassDEP:
Protection MassDEP File#:242-1716
Bureau of Resource Protection-Wetlands eDEP Transaction#:949095
WPA Form 5- Order of Conditions City/Town:NORTx ANDOVER
Massachusetts Wetlands Protection Act M.G.L.c, 131, §40
2.Commission hereby finds the project,as proposed,is:
Approved subject to:
a.P 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.1—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 interests of the Act,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,r 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 interests of the Act,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
I this Order as per 310 CMR 10.05(6)(c).
f
3 1 Buffer Zone Impacts:Shortest distance between limit of project disturbance and the wetland
resource area specified in 310CMR10.02(1)(a).
a. linear feet
Inland Resource Area Impacts:(Foi Approvals Only):
Proposed Permitted Proposed Permitted
{ Resource Area Alteration Alteration Replacement Replacement
4. r Bank
a.linear feet b.linear feet c;'linear feet d,linear feet
5.F Bordering Vegetated Wetland
a. square feet b•square feet c•square feet d.square feet
6.'.r Land under Waterbodies and:Waterways
a.square feet b.square feet c.square:feet d,square feet
C.rely dredged £rely dredged
7.r-Bordering Land Subject to Flooding
a.square feet b. square feet c, square feet d. square feet
Cubic Feet Flood Storage
e• cubic feet f. cubic feet g.cubic feet h.cubic feet
$.r-Isolated Land.Subject to.Flooding
a.square feet
b.square feet
Cubic Feet Flood Storage
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Provided by MassDEP:
Massachusetts Department of Environmental
Protection MassDEP File 0:242-1716
Bureau of Resource Protection-Wetlands eDEP Transaction#:949095
71WPA Form 5 -Order of Conditions Cttyllown.NORTIIANDOVER
Massachusetts Wetlands Protection Act M.G.L.c. 131, §40
c..cubic feet d.'cubic.feet. e.`cubic.feet f.cubic feet
9.h Riverfront Area 500 500
a. total sq.feet b. total sq, feet
Sq fl within 100 ft 500 500 500 500
I c. square feet d.square feet e.square feet f. square feet
Sq ft between 100-200 ft 0 0 0 0
g.square feet h.square feet i.square feet j.square feet
.Coastal Resource Area impacts:
Proposed Permitted Proposed Permitted
Resource Area
Alteration Alteration Replacement Replacement
10.1 Designated Port Areas Indicate size under Land Under the Ocean,below
11.r'Land Under the Ocean
E a. square feet b.square feet
I
E e.c/y dredged d.c/y dredged
i
12:1-Barrier Beaches Indicate size under Coastal Beaches and/or Coastal Dunes below
13.F Coastal Beaches
a.square feet b.square feet c. c/y nourishment d.c/y nourishment
14:1'"Coastal Dunes
a..square feet b,square.feet c. c/y nourishment d:c/y nourishment
15.1 Coastal Banks
a. linear feet b,linear feet
16.1-Rocky Intertidal Shores
4.square feet.b'.squa•e feet
17.r Salt Marshes
a.square feet b.square feet c. square feet d. square feet
18:r Land Under Salt Ponds
a`square;feet b..square feet
c;c/y dredged d.!c/rdredged.
i; 19.r Land Containing Shellfish
a.square feet b.square feet c. square feet d,square feet
Indicate sin under Coastal Banks.inland Bank,I and Ru ler the
20.r Fish Runs Ocean,and/or inland Land Under.Waterbpdies and Waterways,
above
c.c/y dredged d;,c/y dredged
21.r Land Subject to Coastal Storm Flowage
a. square feet b.square feet
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Massachusetts Department of Environmental Provided byMassDEP:
Protection MassDEP File#:242-1716
Bureau of Resource Protection-Wetlands eDEP Transaction#:949095
WPA Form 5-Order of Conditions CitylTown:NOR1'x ANDOVER
Massachusetts Wetlands Protection Act M.G.L.c. 131, §40
r Restoration/Enhancement(For Approvals Only)
If the project is for the purpose of restoring or enhancing a wetland resource area in addition to the square footage
that has been entered in Section B.5.c&d or B.17.c&d above,please entered the additional amount here.
a.square feet of BV W b.square feet of Salt Marsh
23.
E r Streams Crossing(s)
If the project involves Stream Crossings,please enter the number of new stream crossings/number of replacement
stream crossings.
a,number of new stream crossings b.number of replacement stream
crossings
[ C. General Conditions Under Massachusetts Wetlands Protection Act
The following conditions are only applicable to Approved projects
E 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 followingapply:
pp Y:
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
f application to the issuing authority at least 30 days prior to the expiration date of the Order.
6. If this Order constitutes an Amended Order of Conditions,this Amended Order of Conditions does not exceed
the issuance date of the original Final Order of Conditions.
7. 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.
8. This Order is not final until all administrative appeal periods from this Order have elapsed,or if such an appeal
i; has been taken,until all proceedings before the Department have been completed.
9. 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
E' 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 the 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..
10, A sign shall be displayed at the site not less then two square feet or more than three square feet in size bearing
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Massachusetts Departinent of Environmental Provided by MassDEP:
Protection MassDEP File 4:242-1716
eDEP Transaction#:949095
Bureau of Resource Protection-Wetlands City/1 own:NORTH ANDOVER
WPA Form 5-Order of Conditions
Massachusetts Wetlands Protection Act M.G.L.c. 131,§40
r
the words,
"Massachusetts Department of Environmental Protection"
[or'MassDEP"]
File Number:"242-1716"
11. 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 Mass DEP.
12. Upon completion of the work described herein,the applicant shall submit a Request for Certificate of
Compliance(WPA Form 8A)to the Conservation Commission.
13. The work shall conform to the plans and special conditions referenced in this order.
14. Any change to the plans identified in Condition#13 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,
15, 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 hoots 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.
16. This Order of Conditions shall apply to any successor in interest or successor in control of the property subject
'E to this Order and to any contractor or other person performing work conditioned by this Order.
( 17. 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.
18. 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
19. The work associated with this Order(the"Project")is (I) r is not(2)hv subject to the Massachusetts
Stormwater Standards.If the work is subject to 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 Pollutant Discharge
Elimination System Construction General Permit as required by Stormwater Standard 8.Construction period
erosion,sedimentation and pollution control measures and best management practices(BMPs)shall remain
in place until the site is fully stabilized.
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
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r
Massachusetts Department of Environmental Provided by MassDEP:
Protection MassDEP File 4:242-1716
r Bureau of Resource Protection-Wetlands eDEP Transaction#:949095
WPA Form 5- Order of Conditions CirylTown:NORTHAT`lDOVER
Massachusetts Wetlands Protection Act M.G.L.c. 131, §40
BMP plans are included,signed and stamped by a Registered Professional Engineer,certifying the site is
fully stabilized;iii. 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 19(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 BMP Operation
and Maintenance Plan("O&M Plan")and certifying the following: i.)the O&M Plan is complete and will be
implemented upon receipt of the Certificate of Compliance,and ii.)the future responsible patties 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 Pollutant 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,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 19(f)through 19(k)with respect to that BMP.Any failure of the proposed responsible party to
i
implement the requirements of Conditions 19(f)through 19(k)with respect to that BMP shall be a violation
of the Order of Conditions or Certificate of Compliance.In the case of stormwater 13MPs 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.
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.
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Massachusetts Department of Environmental Provided by MassDEP:
Protection MassDEP pile#:242-1716
Bureau of Resource Protection-Wetlands eDEP Transaction#:949095
WPA Form 5-Order of Conditions
L11
Ciryfl own:NORTH ANDOVER
Massachusetts Wetlands Protection Act M.G.L. c. 131, §40
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
i
Credits)shall not he 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:
D.Findings Under Municipal Wetlands Bylaw or Ordinance
Lls a municipal wetlands bylaw or ordinance applicable?lv Yes T- No
2.The Conservation Commission hereb check one that applies):
a.1- DENIES the proposed work which 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 or Conditions is issued.Which
are necessary to comply with a municipal ordinance or bylaw:
b'r APPROVES the proposed work,subject to the following
additional conditions.
NORTH ANDOVER
1.Municipal Ordinance or Bylaw WETLANDS 2.Citation CHAPTER 178
PROTECTION
BYLAW
3 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,
I 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:
SEEATTACHED
i
E
i
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f
Massachusetts Department of Environmental Provided by MassDEP:
Ll
ProtectionMassDEP File 4:242-1716
Bureau of Resource Protection-Wetlands el]EP Transaction 4:449095
WPA Form 5-Order of Conditions ciryflown:NORTx ANDOVER
Massachusetts Wetlands Protection Act M.G.L.c. 131, §40
E.Signatures
This Order is valid for three years from the date of issuance,unless otherwise 1
specified pursuant to General Condition#4. If this is an Amended Order of 1.Date 40riginal Order
Conditions,the Amended Order expires on the same date as the original Order of
Conditions.
Please indicate the number of members who will sign this form.This Order must 2 Number off Signers
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 Environmental Protection
Regional Office,if not filing electronically,and the property owner,if different from applicant.
Signatures:
lr by hand delivery on r by certified mail,return receipt requested,on
Date Date
F.Appeals
The applicant,the owner,any person aggrieved by this Order,any owner of land abutting the land subject to this Order,
or any ten residents of the city or town in which such land is located,are hereby notified of their right to request the
appropriate MassDEP Regional Office to issue a Superseding Order of Conditions.Tire request must be made by
certified mail or hand delivery to the Department,with the appropriate filing fee and a completed Request for
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 providing written information to the Department prior to issuance of a
Superseding Order.
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(3 10 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.
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Massachusetts Department of Environmental Provided by MassDEP:
Protection MassDEP File 9:242-1716
Bureau of Resource Protection-Wetlands eBEP Transaction#:949095
WPA Form 5-Order of Conditions City/I own:NORTII ANDOVER
Massachusetts Wetlands Protection Act M.G.L.c. 131,§40
(M.G.L.c. 131,§40),and is inconsistent with the wetlands regulations(3 10 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.
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
E
Conservation Commission
Please be advised that the Order of Conditions for the Project at:
E
146 MAIN STREET,BUILDING A 242-1716
[ Project Location MassDEP File Number
Has been recorded at the Registry of Deeds of:
County Book Page
for:
Property Owner DONALD MORIARTY
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
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1
Massachusetts Department of Environmental Provided byMassDEP:
Protection MassDEP File 4:242-1716
eDFP Transaction#:949095
Bureau of Resource Protection_Wetlands CityCTown:NORTH ANDOVER
WPA Form 5-Order of Conditions
Massachusetts Wetlands Protection Act M.G.L.c. 131,§40
3
Signature of Applicant Rev.4/U2030
Page 10 of 10*ELECTRONIC COPY
DEP FILE #242— 1716
Therefore, the North Andover Conservation Commission (hereafter the "`NACC") hereby
finds that the following conditions are necessary, in accordance with the Performance
Standards set forth in the State Regulations, the local ByLaw and Regulations, to protect
those interests noted above. The NACC orders that all work shall be performed in
accordance with said conditions and with the Notice of Intent referenced below. To the
extent that the following conditions modify or differ from the plans, specifications or other
proposals submitted with the Notice of Intent the conditions shall control.
GENERAL CONDITIONS
'k 20. The proposed work includes: removal of the existing pump house and failing sewer
pump station and replacement with a below grade 1,000 gallon pump chamber duplex
pump with an exterior control panel and alarm system mounted on the existing
budding. The existing cleanout manhole and fittings will be removed and the existing
cast irongg
e P i plugged. A new 1 1/4-inch PVC Schedule 40 force main will be sleeved
P P
within the existing cast iron pipe form the new pump chamber to a manhole within
the existing driveway. A manhole just off the paved surface will be replaced and a
new in-line flushing connections will be installed in the manhole and new 11/4 inch
PVC Schedule 40 Force main. Portions of the work, construction access and material
Estorage are within Riverfront Area, and Buffer Zone Inland Bank and Bordering
i Vegetated Wetland (BVW). A waiver for work in the 25-foot No--Disturbance Zone has
been granted.
21. The work shall conform to the following (except as noted in the remainder of this
I document where revisions may be required):
Applicants: Gregory Smith
Elm Street Realty Trust
146 Main Street, Building A
North Andover, MA 01845
Property Owner: Sutton Pond Condominium Trust
Donald Moriarty, President
148 Main Street
North Andover, MA 01845
Representative: Ann M. Marton
LEC Environmental Consultants, Inc.
380 Lowell Street, Suite 101
Wakefield, MA 01880
Notice of Intent: WPA Form 3 and Appendix A, B &C
Dated: July 28, 2017
I:
242-1716, 146 Main Street Special Conditions 1 NACC 8/24/2017
F
E.
€
DEP FILE #242— 1716
Prepared by: LEC Environmental Consultants, Inc.
Site Plans prepared by: The Morin-Cameron Group, Inc.
66 Elm Street
Danvers,MA 01923
Titled: Force Main Sewer Connection (Site Plan &
Details)
Date: July 11, 2017
Stamped and Signed by Scott P. Cameron, P.E.
22. 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.
23. 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.
24. 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.
i 25. 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
E 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.
26. 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. The Conservation Department will be copied on any permits or
approvals from the Army Corp of Engineers as part of the General Permit process.
27. The work authorized hereunder shall be completed within three years from the date of
this order.
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DEP FILE #242-- 1716
28. This Order may be extended by the issuing authority for one but not more than two
periods of up to one year each upon application to the issuing authority at least thirty
days (30) prior to the expiration date of the Order (Refer to Section 8.3 of the Nortlz
Andover Wetland Regulations).
29. The NACC reserves the right to amend this Order of Conditions after a legally
advertised public hearing if pians 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. The following wetland resource areas are affected by the proposed work: Riverfront
Area and Buffer Zone Bordering Vegetated Wetland and Inland Bank associated with
Sutton Pond. 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.
32. The NACC confirms the delineation of the resource areas as shown on the herein
referenced plan.
33. 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 is established from
the edge of the adjacent wetland resource area as shown on the herein referenced plan.
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.
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 permitted 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 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.
242-1716, 146 Main Street special Conditions 3 NACC 8/24/2017
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DEP FILE #242— 1716
PRIOR TO CONSTRUCTION
36. No work shall be undertaken until all administrative appeal periods from this Order
have elapsed or, if such an appeal has been filed, until all proceedings before the
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Department or Court have been completed.
37. This Order shall be recorded by the applicant at the Registry of Deeds immediately E
after the expiration of all appeal periods. No work shall be undertaken until the Final
Order has been recorded in the Registry of Deeds or the Land Court for the district in
which the land is located,within the chain of title of the affected property. In the case
of recorded land, the Final Order shall also be noted in the Registry's Grantor Index
under the name of the owner of the land upon which the proposed work is to be done.
In the case of registered land, the Final Order shall also be noted on the Land Court
Certificate of Title of the owner of the land upon which the proposed work is to be
done. The recording information shall be submitted to the North Andover
Conservation Commission on the form at the end of this Order prior to
commencement of the work. Any Order not recorded by the applicant before work
commences may be recorded by the NACC at the applicant's expense.
38. 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--1716."
This sign shall remain visible throughout the life of the project until a Certificate of
Compliance is issued.
39. Any changes in the submitted plans caused by the applicant, another Board's decision
or resulting from this Order of Conditions must be submitted to the NACC for
approval prior to implementation. If the NACC finds said changes to be significant,
the NACC will call for another public hearing (at the expense of the applicant). Within
21 days of the close of said public hearing the NACC will issue an amended or new
Order of Conditions. Any errors found in the plans or information submitted by the
applicant shall be considered as changes. No work shall begin on a project until
written approval has been granted by the NACC.
40. It is the responsibility of the applicant, owner, and/or successor(s) to ensure that all
conditions of this Order of Conditions are complied with. The project engineer and
contractors are to be provided with a copy of this Order of Conditions and referenced
documents before commencement of construction.
41. Prior to any work commencing on-site, the applicant shall submit to the NACC for
approval, a detailed and dated sequence of construction, including the installation of
sedimentation/erosion control devices, demolition, structure installation, roadway
work and all other work planned through final stabilization.
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DEP FILE # 242— 1716
42. Wetland flagging shall be checked prior to start of construction and shall be re-
established where missing. All wetland flagging shall remain visible and enumerated
per the approved plan(s) throughout the life of the project and until a Certificate of
Compliance is issued so that erosion control measures can be properly placed and
wetland impacts can be monitored. The proposed limit of work shall be shall be
clearly marked with 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.
43. Trenched siltation fence shall be installed as shown on the herein referenced plan and
as determined necessary by the NACC or its agent. The erosion controls will be
properly installed and placed as shown on the plans approved and referenced herein
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 to impose additional
conditions on portions of this project to mitigate any impacts which could result from
site erosion, or any noticeable degradation of surface water quality discharging from
the site. For example, installation of erosion control measures may be required in
areas not shown on the plan(s) referenced in this Order of Conditions. Should such
installation be required by the NACC, they shall be installed within 48 hours of the
Commissions request.
44. The applicant shall have on hand at the start of any soil disturbance, removal or
stockpiling, 50 feet of additional silt fence and 10 hay bales. Said erosion controls shall
be used only for the control of emergency erosion problems and shall not be used for
the normal control of erosion.
45. A check payable to the Town of North Andover shall be provided in the amount of
$3,000 which shall be in all respects satisfactory to Town Counsel,Town Treasurer,
and the NACC, and shall be posted with the North Andover Town Treasurer through
the NACC before commencement of work. Said deposit of money shall be
[ conditioned on the completion of all conditions hereof, shall be signed by a party or
parties satisfactory to the NACC, and Town Counsel, and shall be released after
' completion of the project, provided that provisions, satisfactory to the NACC, have
been made for performance of any conditions which are of continuing nature. The
applicant may propose a monetary release schedule keyed to completion of specific
portions of the project for the NACC's review and approval. This condition is issued
under the authority of the local ByLaw.
46. 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
242-1716, 146 Main Street Special Conditions S NACC$12412017
DEP FILE #242- 1.71.6
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 Environmental
Professional will immediately notify the Conservation agent of any matter that
requires attention by the Commission or the agent. 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.
47. 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 with photos from the "Erosion Control Monitor" to the NACC certifying that,
to the best of his/her knowledge and belief based on a careful site inspection, all work
is being performed in compliance with this Order of Conditions and that approved
setbacks are being adhered to. The erosion control monitor must visually inspect all
sedimentation/erosion control measures and assume responsibility for their
maintenance on a weekly basis and that they are functioning as intended. In addition,
all wetland resource areas must be visually inspected for siltation, turbidity, and/or
other water quality impacts. The Erosion Control Monitor shall be on site during
and/or following a major storm events of 1/2" inch of rain or greater (24 hour event) to
ensure that soils remain stable, and erosion controls are adequate and secure.
48. 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
E 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.
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49. Once these above mentioned pre-construction requirements are complete, the
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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/monitor 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
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242-1716, 146 Main Street Special Conditions 6 NACC 8/24/2017
DEP FILE #242— 1716
resulting from failure to comply with its conditions. The applicant or contractor shall
notify the NACC in writing of the identity of the on-site construction supervisor hired
to coordinate construction and to ensure compliance with this Order. A reasonable
period of time shall be provided as notice of the pre-construction meeting (e.g. 72
hours).
STORMWATER MANAGEMENT CONDITIONS
50. There shall be no increase in the post development discharges from the storm drainage
system or any other changes in post development conditions that alter the post
development watershed boundaries as currently depicted in the Notice of Intent and
approved by this Order of Conditions, unless specifically approved in writing by the
Commission.
51. 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.
DURING CONSTRUCTION
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52. Upon beginning work, the applicant shall submit written weekly progress reports
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. Reports shall be submitted in as part of the weekly environmental
monitoring report (Condition #47).
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53. All existing catch basins within 100' of the work shall be protected by Silt Sacks to
prevent sediment from entering the drainage system. Silt Sacks or other catch basin
protection shall be maintained and regularly cleaned of sediments until all areas
associated with the work permitted by this Order have been permanently stabilized
and the NACC and/or Conservation Department has formally approved their
removal.
54. Dewatering activities are not anticipated or approved. 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 (including the Buffer Zone). 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.
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DEP FILE#242— 1716
55. Associated pavement and roadways shall be swept daily or as directed by the Erosion
Control monitor, the Site Supervisor, Project Manager, or Conservation staff for as
long as the site remains exposed and un-stabilized.
56. 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 of any
of the foregoing.
57. All exposed soil finish grade surfaces shall be immediately landscaped and stabilized,
or loamed, seeded and mulched, with a layer of mulch hay. All disturbed areas must
be graded, loamed and seeded prior to November 15t of each year. Outside of the
growing season, exposed soil finish grade surfaces shall be stabilized with a layer of
mulch hay until climate conditions allow for seeding. During construction, any area of
exposed soils that will be left idle for more than 30 days shall be stabilized with a layer
of mulch hay or other means approved by the NACC.
58. 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.
59. There shall be no stockpiling of soil or other materials outside of the proposed erosion
controls. Stockpile locations for all erodible materials (stone/soil) shall be confirmed at
the pre-construction meeting. Excavated material not suitable for re-use shall be
trucked off--site.
60. Washings from concrete trucks, or surplus concrete, is prohibited on--site. If truck
washing is to be done an area shall be designated and approved by the Conservation
Department.
61. 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
trash dumpsters will be allowed within 50' of areas subject to protection under the Act
or local Bylaw unless on a paved area within the approved erosion controls.
62. Accepted engineering and construction standards and procedures shall be followed in
the completion of the project.
63. 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
242-1716, 146 Main Street special Conditions 8 NACC 8/24/2417
DEP FILE #242 - 1716
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.
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AFTER CONSTRUCTION
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64. 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.
65. There shall be no dumping of leaves, grass clippings, brush, or other debris into a
wetland resource area or beyond the 25-foot No-Disturbance Zone. This condition
shall survive the issuance of a Certificate of Compliance.
66. 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.
67. 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.
68. 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 t for a Certificate of Compliance indicating
that they read and
understood the recorded Order of Conditions prior to purchasing their property.
e. The name and address of the individual/trust or corporation to whom the
compliance is to be granted.
f. The street address and assessor's map/parcel number for the project.
g. The DEP file number.
h. A written statement from a Registered Professional Civil Engineer (and/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, 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
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DEP FILE 9 242-- 1716
area. Specifically, "As-Built" plans should include inverts of all drainage
structures above and below grade (also to be provided in table format), and
an engineer's certification that the drainage system has been constructed
and is functioning in accordance with the approved design. NOTE: if
portions of the stormwater systems exist partially within the Buffer Zone
then the entire structure must be depicted to accurately verify compliance.
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➢ "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.
69. 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 as approved
under DEP # 242-1716 except as shown on the herein referenced plans.
Future work within 100' of existing wetland resource areas will require a
separate filing with the NACC (3.4 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.
➢ Discharge or spillage of pollutants (Condition #63);
➢ Prohibition of underground fuels (Condition #64);
➢ Prohibition of dumping of leaves, grass clippings, brush, or other debris
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(Condition #66).
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DEP FILE #242--- 1716
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. 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. 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.
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4. 1 hereby affirm and acknowledge that on this day of 20
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. 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)
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242-1716, 146 Main Street Special Conditions l l NACC 8124/2017