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L1Massachusetts Department of Environmental Protection
Bureau of Resource Protection -Wetlands DEP File Number:
1 WPA Form 8B — Certificate of Compliance 242-1589
Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 Provided by DEP
A. Project Information
Important:
When filling out 1. This Certificate of Compliance is issued to:
forms on the
computer, use Angus Realty Corporation
only the tab key Name
to move your 1077 Osgood Street
cursor-do not
use the return Mailing Address
key. North Andover MA 01845
City/Town State Zip Code
t� 2. This Certificate of Compliance is issued for work regulated by a final Order of
Conditions issued to:
Angus Realty Corporation
Adm' Name
October 11, 2013 242-1589
Dated DEP File Number
3. The project site is located at:
1077 Osgood Street North Andover
Street Address City/Town
Map 35 Parcel 27
Assessors Map/Plat Number Parcel/Lot Number
the final Order of Condition was recorded at the Registry of Deeds for:
Property Owner(if different)
Essex Northern 13944 33
County Book Page
Certificate
4. A site inspection was made in the presence of the applicant, or the applicant's agent,
on:
1/13/15
Date
wpafrm8b.doe•rev.5/29/14 WPA Form 813,Certificate of Compliance•Page 1 of 3
Massachusetts Department of Environmental Protection
Bureau of Resource Protection -Wetlands DEP File Number:
j WPA Form 8B — Certificate of Compliance
242-1589
Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 Provided by DEP
B. Certification
Check all that apply:
® Complete Certification: It is hereby certified that the work regulated by the
above-referenced Order of Conditions has been satisfactorily completed.
❑ Partial Certification: It is hereby certified that only the following portions of work
regulated by the above-referenced Order of Conditions have been satisfactorily
completed. The project areas or work subject to this partial certification that have
been completed and are released from this Order are:
❑ Invalid Order of Conditions: It is hereby certified that the work regulated by the
above-referenced Order of Conditions never commenced. The Order of
Conditions has lapsed and is therefore no longer valid. No future work subject to
regulation under the Wetlands Protection Act may commence without filing a new
Notice of Intent and receiving a new Order of Conditions.
® Ongoing Conditions: The following conditions of the Order shall continue:
(Include any conditions contained in the Final Order, such as maintenance or
monitoring that should continue for a longer period).
Condition Numbers:
80
C. Authorization
Issued by:
North Andover / >
Conservation Commission Date of Issuance
This Certificate must be signed by a majority of the Conservation Commission and a
copy sent to the applicant and appropriate DEP Regional Office (See
http://www mass.gov/eea/agencies/massdep/about/contacts/find-the-massdep-
regional-office-for-your-city-or-town.htmi).
Si natures:
wpafrm8b.doc•rev.5/29/14 WPA Form 813,Certificate of Compliance•Page 2 of 3
Massachusetts Department of Environmental Protection
ILIBureau of Resource Protection - Wetlands DEP File Number:
WPA Form 8B — Certificate of Compliance 242-1589
Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 Provided by DEP
D. Recording Confirmation
The applicant is responsible for ensuring that this Certificate of Compliance is recorded in
the Registry of Deeds or the Land Court for the district in which the land is located.
Detach on dotted line and submit to the Conservation Commission.
---------------------------------------------------------------------------------------------------
To:
North Andover
Conservation Commission
Please be advised that the Certificate of Compliance for the project at:
1077 Osgood Street 242-1589
Project Location DEP File Number
Has been recorded at the Registry of Deeds of:
Essex Northern
County
fo r:
Angus Realty Corporation
Property Owner
and has been noted in the chain of title of the affected property on:
Date Book Page
If recorded land, the instrument number which identifies this transaction is:
If registered land, the document number which identifies this transaction is:
Document Number
Signature of Applicant
wpafrm8b.doc-rev.5/29/14 WPA Form 8B,Certificate of Compliance•Page 3 of 3
Massachusetts Department of Environmental Protection Provided by MassDEP:
Bureau of Resource Protection-Wetlands MassDEP File#:242-1589
WPA Form 5 - Order of Conditions eDEP Transaction#:670896
Massachusetts Wetlands Protection Act M.G.L.c. 131, §40 City/Town:NORTH ANDOVER
A. General Information
1. Conservation Commission NORTH ANDOVER
2.Issuance a. r OOC b.r Amended OOC
3.Applicant Details
a.First Name KENNETH b.Last Name YAMEEN
c.Organization ANGUS REALTY CORPORATION
d.Mailing Address 1077 OSGOOD STREET
e.City/Town NORTH ANDOVER f.State MA g.Zip Code 01845
4.Property Owner
a.First Name KENNETH b.Last Name YAMEEN
c.Organization ANGUS REALTY CORPORATION
d.Mailing Address 1077 OSGOOD STREET
e.City/Town NORTH ANDOVER f.State MA g.Zip Code 01845
5. Project Location
a.Street Address 1077 OSGOOD STREET
b.City/Town NORTH ANDOVER c.Zip Code 01845
d.Assessors Map/Plat# 35 e.Parcel/Lot# 27
f.Latitude 42.71558N g.Longitude 71.11342W
6.Property recorded at the Registry of Deed for:
a.County b.Certificate c.Book d.Page
NORTHERN ESSEX 912 443
7.Dates
a.Date NOI Filed: 7/11/2014 b.Date Public Hearing Closed: 7/23/2014 c.Date Of Issuance: 7/24/2014
8.Fina1 Approved Plans and Other Documents
a.Plan Title: b.Plage Prepared by: c.Plan Signed/Stamped by: d.Revised Final Date: e.Scale:
PAVEMENT LYNNFIELD
REHABILITATION ENGINEERING,INC RICHARD BARTHELMES 7/7/14 111=40'
SHEETS C-1&C-2
B. Findings
1.Findings pursuant to the Massachusetts Wetlands Protection Act
Page 1 of 10 *ELECTRONIC COPY
Massachusetts Department of Environmental Protection Provided by MassDEP:
Bureau of Resource Protection-Wetlands MassDEP File#:242-1589
WPA Form 5 -Order of Conditions eDEP Transaction#:670896
1 i1 Massachusetts Wetlands Protection Act M.G.L.c. 131,§40 City/Town:NORTH ANDOVER
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 finds that the areas in which work is proposed is significant to the following interests of
the Wetlands Protection Act.
Check all that apply:
a. r Public Water Supply b. r Land Containing Shellfish c.r Prevention of Pollution
d. r Private Water Supply e. F Fisheries f. F Protection of Wildlife Habitat
g. r Ground Water Supply h. r Storm Damage Prevention i. r Flood Control
2.Commission hereby finds the project,as proposed,is:
Approved subject to:
a.F 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.C 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 this Order as per 310 CMR 10.05(6)(c).
3 f Buffer Zone Impacts:Shortest distance between limit of project disturbance and the wetland resource 10
area specified in 310CMR10.02(1)(a). a.linear feet
Inland Resource Area Impacts:(For Approvals Only):
Resource Area Proposed Permitted Proposed Permitted
Alteration Alteration Replacement Replacement
4. r Bank
a.linear feet b.linear feet c.linear feet d.linear feet
5.r 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
e.cly dredged f.cly dredged
7.r- Land Subject to Flooding
a.square feet b.square feet c.square feet d.square feet
Page 2 of 10*ELECTRONIC COPY
i
i
Massachusetts Department of Environmental Protection Provided by MassDEP:
Bureau of Resource Protection-Wetlands MassDEP File#:242-1589
WPA Form 5 -Order of Conditions eDEP Transaction#:670896
City/Town-NORTH ANDOVER
1 Massachusetts Wetlands Protection Act M.G.L.c. 131, §40
t
Cubic Feet Flood Storage
e.cubic feet f.cubic feet g.cubic feet h.cubic feet
8.r Isolated Land Subject to Flooding
a.square feet b.square feet
Cubic Feet Flood Storage
c.cubic feet d.cubic feet e.cubic feet f.cubic feet
9.F Riverfront Area
a.total sq.feet b.total sq.feet
Sq ft within 100 ft
c.square feet d.square feet e.square feet f.square feet
Sq ft between 100-200 ft
g.square feet h.square feet i.square feet j.square feet
Coastal Resource Area Impacts:
Resource Area Proposed Permitted Proposed Permitted
Alteration Alteration Replacement Replacement
10.r-Designated Port Areas Indicate size under Land Under the Ocean,below
11.r Land Under the Ocean
a.square feet b.square feet
c.c/y dredged d.c/y dredged
12.r Barrier Beaches Indicate size under Coastal Beaches and/or Coastal Dunes below
13.r—Coastal Beaches
a.square feet b.square feet c.c/y nourishment d.c/y nourishment
14.r Coastal Dunes
a square feet b.square feet c.c/y nourishment d.c/y nourishment
15.r Coastal Banks
a.linear feet b.linear feet
16.F Rocky Intertidal Shores
a square feet b.square feet
17.1—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/y dredged
19.r Land Containing Shellfish
a.square feet b.square feet c.square feet d.square feet
Page 3 of 10*ELECTRONIC COPY
Massachusetts Department of Environmental Protection Provided by MassDEP:
Bureau of Resource Protection- Wetlands MassDEP File#:242-1589
WPA Form 5-Order of Conditions eDEP Transaction#:670896
Massachusetts Wetlands Protection Act M.G.L.c. 131,§40 City/Town:NORTH ANDOVER
Indicate size under Coastal Banks,inland Bank,Land Under the
20.r Fish Runs Ocean,and/or inland Land Under Waterbodies 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
22.
F 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 BVW b.square feet of Salt Marsh
23.
C 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
1. Failure to comply with all conditions stated herein,and with all related statutes and other regulatory measures,shall be deemed
cause to revoke or modify this Order.
2. The Order does not grant any property rights or any exclusive privileges;it does not authorize any injury to private property or
invasion of private rights.
3. This Order does not relieve the permittee or any other person of the necessity of complying with all other applicable federal,
state,or local statutes,ordinances,bylaws,or regulations.
4. The work authorized hereunder shall be completed within three years from the date of this Order unless either of the following
apply:
a.the work is a maintenance dredging project as provided for in the Act;or
b.the time for completion has been extended to a specified date more than three years,but less than five
years,from the date of issuance.If this Order is intended to be valid for more than three years,the
extension date and the special circumstances warranting the extended time period are set forth as a
special condition in this Order.
5. This Order may be extended by the issuing authority for one or more periods of up to three years each upon application to the
issuing authority at least 30 days prior to the expiration date of the Order.
6. 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 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 property.In the case of recorded land,
Page 4 of 10 *ELECTRONIC COPY
Massachusetts Department of Environmental Protection Provided by MassDEP:
Bureau of Resource Protection- Wetlands MassDEP File#:242-1589
WPA Form 5 -Order of Conditions eDEP Transaction#:670896
Massachusetts Wetlands Protection Act M.G.L.c. 131, §40 City/Town:NORTH ANDOVER
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 the words,
"Massachusetts Department of Environmental Protection"
[or'MassDEP"]
File Number:"242-1589"
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 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.
16. 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.
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(1) r is not(2)r- 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
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
Page 5 of 10*ELECTRONIC COPY
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Massachusetts Department of Environmental Protection Provided by MassDEP:
1 �.4
Bureau of Resource Protection-Wetlands MassDEP File#:242-1589
WPA Form 5 - Order of Conditions eDEP Transaction#:670896
l City/Town:NORTH ANDOVER
Massachusetts Wetlands Protection Act M.G.L.c. 131, §40
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 0&M
Plan is complete and will be implemented upon receipt of the Certificate of Compliance,and ii.)the future responsible parties
shall be notified in writing of their ongoing legal responsibility to operate and maintain the stormwater management BMPs and
implement the Stormwater Pollution Prevention Plan.
d) Post-construction pollution prevention and source control shall be implemented in accordance with the long-term pollution
prevention plan section of the approved Stormwater Report and,if applicable,the Stormwater Pollution Prevention Plan
required by the National Pollutant Discharge Elimination System Multi-Sector General Penn it.
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 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 BMPs that are serving more
than one lot,the legally binding agreement shall also identify the lots that will be serviced by the stormwater BMPs.A plan and
easement deed that grants the responsible party access to perform the required operation and maintenance must be submitted
along with the legally binding agreement.
fl 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.
) Illicit discharges to the stormwater management system as defined in 310 CMR 10.04 are prohibited.
j) The stormwater management system approved in the Order of Conditions shall not be changed without the prior written
approval of the issuing authority.
k) Areas designated as qualifying pervious areas for the purpose of the Low Impact Site Design Credit(as defined in the
MassDEP Stormwater Handbook,Volume 3,Chapter 1,Low Impact Development Site Design Credits)shall not be altered
without the prior written approval of the issuing authority.
IJ 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:
SEE ATTACHED
Page 6 of 10*ELECTRONIC COPY
Massachusetts Department of Environmental Protection Provided by MassDEP:
Bureau of Resource Protection-Wetlands MassDEP File#:242-1589
r WPA Form 5 -Order of Conditions eDEP Transaction#:670896
r� Massachusetts Wetlands Protection Act M.G.L.c. 131, §40 City/Town:NORTH ANDOVER
Page 7 of 10*ELECTRONIC COPY
i
Massachusetts Department of Environmental Protection Provided by MassDEP:
Bureau of Resource Protection-Wetlands MassDEP File 4:242-1589
WPA Form 5 -Order of Conditions eDEP Transaction#:670896
t Massachusetts Wetlands Protection Act M.G.L.c. 131,§40
City/Town:NORTH ANDOVER
A Findings Under Municipal Wetlands Bylaw or Ordinance
1. Is a municipal wetlands bylaw or ordinance applicable?r Yes r No
2. The Conservation Commission hereby(check one that applies
a. r 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.
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,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:
SEE ATTACHED
Page 8 of 10*ELECTRONIC COPY
Massachusetts Department of Environmental Protection Provided by MassDEP:
Bureau of Resource Protection-Wetlands MassDEP File 4:242-1589
i
�., WPA Form 5 -Order of Conditions eDEP Transaction#:670896
i Massachusetts Wetlands Protection Act M.G.L.c. 131,§40 City/Town:NORTH ANDOVER
E. Signatures
This Order is valid for three years from the date of issuance,unless otherwise specified 10/11/2013
pursuant to General Condition#4.If this is an Amended Order of Conditions,the Amended 1.Date o Original Order
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 be signed by 2 Number of Signers
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:
F- by hand delivery on fby certified mail,return receipt requested,on
7/c;?. (//
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.The 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.
Page 9 of 10*ELECTRONIC COPY
\ Massachusetts Department of Environmental Protection Provided by MassDEP:
Bureau of Resource Protection-Wetlands MassDEP File 4:242-1589
}
WPA Form 5-Order of Conditions eDEP Transaction#:670896City/Town:NORTH ANDOVER
Massachusetts Wetlands Protection Act M.G.L.c. 131,§40
G. Recording Information
This Order of Conditions must be recorded in the Registry of Deeds or the Land Court for the district in which the land is located,
within the chain of title of the affected property.In the case of recorded land,the Final Order shall also be noted in the Registry's
Grantor Index under the name of the owner of the land subject to the Order.In the case of registered land,this Order shall also be
noted on the Land Court Certificate of Title of the owner of the land subject to the Order of Conditions.The recording information on
this page shall be submitted to the Conservation Commission listed below.
NORTH ANDOVER
Conservation Commission
Detach on dotted line,have stamped by the Registry of Deeds and submit to the Conservation Commission.
..........................................................................................................................................................................................................
To:
NORTH ANDOVER
Conservation Commission
Please be advised that the Order of Conditions for the Project at:
1077 OSGOOD STREET 242-1589
Project Location MassDEP File Number
Has been recorded at the Registry of Deeds of:
County Book Page
for:
Property Owner KENNETH YAMEEN
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 Rev.4/1/2010
Page 10 of 10*ELECTRONIC COPY
DEP FILE#242— 1589 (AMENDED)
Findings:
• On July 11, 2014, thea applicant submitted a request to amend the Order of Conditions
PP
issued October 11, 2013 to include paving of the entire site and a new gas line
connection. At the public hearing on July 23,2014 the amendment was approved. As
such, the following conditions have been updated to reflect the change in the scope of
work: Condition#20, 21 &addition of Condition 44.a
• On October 1, 2013, the North Andover Planning Board voted to issue a Watershed
Special Permit for the project proposed herein.
Therefore,the North Andover Conservation Commission (hereafter the "NACU) hereby
finds that the following conditions are necessary, in accordance with the Performance
Standards set forth in the State Regulations, the local ByLaw and Regulations, to protect
those interests noted above. The NACC orders that all work shall be performed in
accordance with said conditions and with the Notice of Intent referenced below. To the
extent that the following conditions modify or differ from the plans, specifications or other
proposals submitted with the Notice of Intent, the conditions shall control.
GENERAL CONDITIONS
20. The proposed work includes: Construction of a commercial building (retail bank) with
associated parking lot and stormwater management system. Portions of the work are
within 100 feet of Bank, Bordering Vegetated Wetland associated with Lake
Cochichewick and within the Watershed Protection District. Associated utilities,
landscaping,retaining walls and grading are also proposed. The subsequent
amendment added paving of the entire site and a new gas line to scope of work.
21. The work shall conform to the following (except as noted in the remainder of this
document where revisions may be required):
Applicant/Property Owner: Kenneth Yameen
Angus Realty Corporation
1077 Osgood Street
North Andover, MA 01845
Notice of Intent filed by: Richard Barthelmes
Lynnfield Engineering, Inc.
199 Newbury Street Suite115
Danvers, MA 01923
Site Plans prepared by: Lynnfield Engineering, Inc.
Titled: Pentucket Bank at Butcher Boy Marketplace
1077 Osgood Street
North Andover, Massachusetts 01845
242-1589,Osgood Street 1077, Special Conditions(AMENDED)1 NACC 7/24/2014
DEP FILE#242— 1589 (AMENDED)
Date: March 15, 2013
Last Revised: August 29, 2013
Stamped by: Richard Barthelmes, P.E.
Plan Sheets (last revision date): Sheet 1: Title Sheet
C-1: Plot Plan of Land
C-2: Existing Conditions Plan
C-3: Erosion&Sedimentation Control Plan
C-4: Overall Site Improvement Plan
C-5: Site Layout Plan
C-6: Site Grading, Drainage and Utility Plan
C-7, 8, 9, 10 & 11: Site Details
A210: Exterior Elevations
A211: Exterior Elevations
E-1: Site Lighting Plan
E-2: Site Lighting &Photometric Plan
L-1: Landscape Plan
VA-1: Vehicular Access Plan
Plans associated with
Amendment Request: Titled: Pavement Rehabilitation
Sheets C-1 &C-2
Dated: 7/7/14
Stormwater Analysis &
Calculations prepared by: Lynnfield Engineering, Inc.
March 15,2013
Supplemental Water Quality Analysis
August 29, 2013
Stamped by: Michael J. Juliano, P.E.
Stormwater Review: Eggleston Environmental
Lisa D. Eggleston, P.E.
Review Letters Dated: April 10,July 15, August 14,
&September 12, 2013
Response Letters from Lynnfield Engineering, Inc.
to Eggleston Environmental Review dated:
June 26 & August 2, 2013
Other Record Documents: Inspection&Maintenance Plan
Prepared by: Lynnfield Engineering, Inc.
Last Revised: September 16, 2013
Pollution Prevention Plan
242-1589,Osgood Street 1077,Special Conditions(AMENDED)2 NACC 7/24/2014
DEP FILE#242— 1589 (AMENDED)
March 15, 2013
Request for Amendment to Order of Conditions
Prepared by: Lynnfield Engineering, Inc.
Dated: July 8, 2014
Wetland Delineation
Conducted by: LEC Environmental Consultants, Inc.
Report Dated: March 8, 2013
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.
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
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.
27. The work authorized hereunder shall be completed within three e'er from the date of
this order.
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it
DEP FILE #242— 1589 (AMENDED)
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 North
Andover Wetland Regulations).
�I
29. The NACC reserves the right to amend this Order of Conditions after a legally
advertised public hearing if plans or circumstances are changed or if new conditions
or information so warrant.
30. Where the Department of Environmental Protection (DEP) is requested to make a
determination and to issue a Superseding Order, the Conservation Commission shall
be a party to all agency proceedings and hearings before the Department.
31. Any future project which proposes a wetland crossing in order to access certain
portions of the property will not be qualified as a limited project roadway under 310
CMR 10.53(e).
32. The following wetland resource areas are affected by the proposed work: Buffer Zone
to Bordering Vegetated Wetland (BVW) and Bank. These resource areas are
significant to the interests of the Act and Town ByLaw as noted above and therein.
The applicant has not attempted to overcome the presumption of significance of these
resource areas to the identified interests.
33. The NACC agrees with the applicant's delineation of the wetland resource areas
affecting the property as shown on the plans dated referenced herein (WF1-WF21).
34. The NACC finds that the intensive use of the upland areas and buffer zone proposed
on this site will cause further alteration of the wetland resource areas. In order to
prevent any alteration of wetland resource areas a twenty five foot (25) No-
Disturbance Zone and a fifty foot(50') No-Construction Zone shall be established from
the edge of the adjacent wetland resource area as shown on the herein referenced
plans. The Conservation Administrator and/or other agents of the NACC do not have
the authority to waive these setbacks as established under the local bylaw. No
disturbance of existing grade, soils or vegetation is permitted in the No-Disturbance
zone.
35. This document shall be included in all construction contracts, subcontracts, and
specifications dealing with the work proposed and shall supersede any conflicting
contract requirements. The applicant shall assure that all contractors, subcontractors,
and other personnel performing the 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.
36. The owners of the project and their successors in title agree that the Order does not in
itself impose upon the Town any responsibility to maintain the proposed drainage
242-1589,Osgood Street 1077,Special Conditions(AMENDED)4 NACC 7/24/2014
DEP FILE#242—1589 (AMENDED)
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.
PRIOR TO CONSTRUCTION
37. 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.
38. 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.
39. 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 242-1589."
40. 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.
41. 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.
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42. 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, land clearing,foundation installation,
stormwater structure installation, paving, landscaping and all other work planned
through final stabilization.
43. 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.
44. A row of staked haybales 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 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 Commission s
request.
a. Prior to the start of paving rehabilitation, the contractor will
install erosion controls, including silt sacks in all catch basins, and
then request an inspection by the Conservation Department.
45. The applicant shall have on hand at the start of any soil disturbance,removal or
stockpiling fifteen (15) hay bales and sufficient stakes for staking these bales (or an
equivalent amount of silt fence,1 hay bale to equal 3 feet of fence). Said bales shall be
used only for the control of emergency erosion problems and shall not be used for the
normal control of erosion.
46. A check payable to the Town of North Andover shall be provided in the amount of
$5,000 which shall be in all respects satisfactory to Town Counsel,Town Treasurer,
and the NACC, and shall be posted with the North Andover Town Treasurer through
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DEP FILE#242—1589 (AMENDED)
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.
47. The applicant shall designate a Wetland Scientist (or other environmental professional
as approved by the NACC or its agent) as an"Erosion Control Monitor' to oversee
any emergency placement of controls and regular inspection or replacement of
sedimentation control devices. The name and phone number of the erosion control
monitor must be provided to the NACC in the event that this person has to be
contacted, due to an emergency at the site, during any 24-hour period, including
weekends. Proof of the retained monitor must be submitted to the Conservation
Department on letterhead by the retained consulting firm. This person shall be given
the authority to stop construction for erosion control purposes. The 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.
48. 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 event of 1/2' inch of rain or greater (24 hour event) to
ensure that soils remain stable, and erosion controls are adequate and secure
49. Prior to construction, the applicant shall permanently mark the edge of the"25' No-
Disturbance Zone" on all delineated wetlands (on property,where not already
marked) with signs or markers spaced evenly every 25 feet incorporating the
following text: "Protected Wetland Resource Area" and the associated rules (1 square
for every 3 round markers). This will designate the resource area sensitivity and
assure no further inadvertent encroachment into the wetland. These permanent
markers are subject to review and approval by the NACC. The applicant shall instruct
all agents to explain these markers to buyers/lessees/landscapers and all persons
taking over the property from the applicant. These markers shall remain posted and
242-1589,Osgood Street 1077,Special Conditions(AMENDED)7 NACC 7/24/2014
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be replaced as necessary in perpetuity. Markers may be obtained at the Conservation
Department ($2 round/$3 square).
50. The applicant and/or the legal owner of that portion of land upon which these Orders
of Conditions have been placed shall provide to the NACC prior to transferring,or
assigning any portion of said land to another party, subject to said Orders of
Conditions, the "Compliance Certification Form Affidavit" attached via"Appendix
A" signed under the pains and penalties of perjury,stating that said applicant and/or
owner has read these Orders of Conditions and is in compliance with each and every
condition. This document shall apply to each of the conditions referenced herein and
shall be provided to the Conservation Department at least five (5) business days prior
to the closing of said land transaction.
51. 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/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
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
WJ
52. All construction and post-construction stormwater management shall be conducted in
accordance with supporting documents submitted with the Notice of Intent, the
Department of Environmental Protection Stormwater Management Policy and as
approved by the NACC in this Order of Conditions.
53. Erosion control measures shall be implemented and maintained in accordance with
the Pollution Prevention Plan.
54. There shall be no increase in the post development discharges from the storm drainage
system or any other changes in post development conditions that alter the post
development watershed boundaries as currently depicted in the Notice of Intent and
approved by this Order of Conditions, unless specifically approved in writing by the
Commission.
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55. 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.
56. Prior to the issuance of the Certificate of Compliance, the applicant shall be
responsible for cleaning all stormwater structures, in accordance with the approved
Operation& Maintenance Plan attached herein and the associated stormwater
management conditions mandated herein.
57. All stormwater best management practices shall be maintained as specified in the
Inspection&Maintenance Plan submitted with the Notice of Intent and incorporated
in the Order of Conditions. The approved Inspection& Maintenance Plan is fully
binding upon the applicant and/or owners, successors, agents, associations, heirs and
assigns and must be adhered to in perpetuity. Proof of maintenance is required
annually (maintenance records shall be submitted by December 31 of each year). A
log/proof of annual maintenance activities for all other stormwater maintenance
activities shall be maintained for a 5 year period and shall be available upon request
for review by the NACC or its agent.
58. 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, in order to avoid blockages and siltation which
might cause failure of the system and/or detrimental impacts to on-site or off-site
resource areas, and shall maintain the integrity of vegetative cover on the site.
"DURING CONSTRUCTION
59. IMPORTANT: Immediately upon completion of the retaining wall, and prior to
further construction activities associated with the site, the applicant shall complete a
plan prepared by a Registered Professional Land Surveyor of the Commonwealth
(R.P.L.S.) which accurately depicts the wall location and its proximity to wetland
resource areas as approved under this Order of Conditions. Said plan shall be
submitted to the Conservation Administrator for approval. Failure to comply may
result in a stop work order for the site.
60. Upon beginning work, the applicant shall submit written 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#48).
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61. All existing and proposed catch basins and oil traps within 100' of the work or on the
streets adjacent to the project shall be protected by Silt Sacks or other approved
method 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.
62. All catch basins shall contain oil/gasoline traps, and it shall be a continuing condition
of this order, even after a Certificate of Compliance is issued, that the oil/gasoline
traps in the catch basins be maintained. All catch basins shall be free of all
accumulated silt and debris before a Certificate of Compliance is issued and the owner
or his/her agent shall so specify in the request for Compliance.
63. Dewatering activities are not proposed as part of the filing. No discharge of water is
allowed directly into an area subject to jurisdiction of the Wetlands Protection Act
and/or the North Andover Wetland Bylaw. If emergency de-watering requirements
arise, the applicant shall submit a contingency plan to the Commission for approval,
which provides for the pumped water to be contained in a settling basin, to reduce
turbidity prior to discharge into a resource area.
64. Associated pavement and roadways shall be swept at least weekly 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. A stabilized
construction entrance will be established as detailed on Sheet C-7 of the herein
referenced plans.
65. Any fill used in connection with this project shall be clean fill, containing no trash,
refuse, rubbish or debris, including but not limited to lumber,bricks,plaster, wire,
lath, paper, cardboard, pipe, tires, ashes, refrigerators, motor vehicles or parts on any
of the foregoing.
66. 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 1St 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.
67. 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.
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68. There shall be no stockpiling of soil or other materials within one hundred (100) feet of
any resource area.
69. Washings from concrete trucks, or surplus concrete, shall not be directed to, any
drainage system, or wetland resource area. If truck washing is to be done on site an
area shall be designated and approved by the Conservation Department.
70. 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.
71. Accepted engineering and construction standards and procedures shall be followed in
the completion of the project.
72. During and after work on this project, there shall be no discharge or spillage of fuel, or
other pollutants into any wetland resource area. If there is a spill or discharge of any
pollutant during any phase of construction the NACC shall be notified by the
applicant within one (1) business day. No construction vehicles are to be stored within
100 feet of wetland resource areas, and no vehicle refueling, equipment lubrication, or
maintenance is to be done within 100 feet of a resource area.
AFTER CONSTRUCTION
73. No underground storage of fuel oils shall be allowed on any lot within one-hundred
(100) feet of any wetland resource area. This condition shall survive this Order of
Conditions and shall run with the title of the property. This condition is issued under
the authority of the Town's Wetland protection ByLaw.
74. Fertilizers utilized for landscaping and lawn care shall be slow release, low-nitrogen
types (< 5%) and phosphorous free, 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.
75. There shall be no dumping of leaves, grass clippings, brush, or other debris into a
wetland resource area or within 25 feet of a wetland resource area. This condition
shall remain in perpetuity.
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76. Designated areas outside of the buffer zones will be used for snow stockpiling. No-
Salt/No-snow Stockpiling Signs shall be placed along the retaining wall parallel to
Lake Cochichewick and shall be maintained in perpetuity.
77. 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.
78. 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.
79. Upon completion of the project the applicant shall submit the following to the
Conservation Commission as part of a request for a Certificate of Compliance:
a. WPA Form 8A- "Request for a Certificate of Compliance."
b. A letter from the applicant requesting a Certificate of Compliance.
c. The name and address of the current landowner.
d. Signed statements from the individual property owners shall be submitted with
the request for a Certificate of Compliance indicating that they read and
understood the recorded Order of Conditions prior to purchasing their property.
e. The name and address of the individual/trust or corporation to whom the
compliance is to be granted.
f. The street address and assessor's map/parcel number for the project.
g. The DEP file number.
h. A written statement from a Registered Professional Civil Engineer (and/or
Registered Professional Land Surveyor) of the Commonwealth certifying that the
work has been conducted as shown on the plan(s) and documents referenced
above, and as conditioned by the Commission.
i. An"As-Built" plan prepared and signed and stamped by a Registered Professional
Civil Engineer (P.E.) (and/or Registered Professional Land Surveyor) of the
Commonwealth,for the public record. This plan will include:
➢ "As-Built" post-development elevations of all drainage &stormwater
management structures constructed within 100 feet of any wetland resource
area. NOTE: If portions of the stormwater systems exist partially within the
Buffer Zone than the entire structure must be depicted to accurately verify
compliance.
➢ "As-Built" post-development elevations and grades of all filled or altered
wetland resource areas including the encompassing buffer zone which is
regulated as a resource area under the local 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.
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➢ A line showing the limit of work and the extent of existing erosion control
devices. "Work" includes a--X disturbance of soils or vegetation.
➢ Location of all subsurface utilities entering the property.
80. 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# 242-1589. Future work within 100' of existing wetland
resource areas will require a separate filing with the NACC (refer to Section
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;
➢ Resource Area Markers (Condition #49);
➢ Stormwater Management System Maintenance (Condition #57);
➢ Maintenance of catch basins (Condition#62);
➢ Discharge or spillage of pollutants (Condition #72);
➢ Prohibition of underground fuels (Condition#73);
➢ Limitations on the use of fertilizers, herbicides, and pesticides (Conditions
#74);
➢ Prohibition of dumping of leaves, grass clippings, brush, or other debris
(Condition#75);
➢ No-Salt/Snow Stockpiling signs (Condition#76);
➢ The attached"Inspection& Maintenance Plan", including Best Management
Practices. No additional filings will be required to conduct maintenance of
the above referenced system and plan.
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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. 1 hereby affirm and acknowledge that I have received said Order of Conditions
and have read the same and understand each
(DEP File#) and every condition which has been set forth
in said Order of Conditions..
&
4. I hereby affirm and acknowledge that on this day of 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. I hereby affirm and acknowledge that this document will be relied upon by the
North Andover Conservation Commission as well as any potential buyers of
said property which is subject to said Order of Conditions
(DEP File#)
Signed under the pains and penalties of perjury this day of 20
(Signature-authorized agent of applicant or owner)
242-1589,Osgood Street 1077,Special Conditions(AMENDED)14 NACC 7/24/2014
5 '2013
NORTH ANDOVER
CONSERVATION COMMISSION
i INSPECTION AND MAINTENANCE PLAN
STORMWATER MANAGEMENT SYSTEM
i PENTUCKET BANK AT BUTCHER BOY MARKETPLACE
1077 OSGOOD STREET (ROUTE 125)
NORTH ANDOVER, MASSACHUSETTS
Prepared for:
Angus Realty Corporation
1077 Osgood Street
I
North Andover, Massachusetts 01845
Prepared by:
Lynnfield Engineering, Inc.
199 Newbury Street Suite 115
Danvers, Massachusetts 01923
1
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,
I
March 15, 2013
i
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TABLE OF CONTENTS
SECTION 1: GENERAL 1
1.1 General 1
1.2 Construction Period Stormwater Pollution Prevention and Erosion 1
Sedimentation Controls Plan 2
1.3 Post-Construction Inspections and Maintenance of Stormwater BMPs 3
TABLES
1 Operation and Maintenance Budget
FIGURES
C-3 Erosion and Sediment Control Plan
C-5 Site Grading, Drainage and Utility Plan
ATTACHMENTS
1 Stormwater Inspection Report Form and
Site Inspection Checklist
2 CDS Inspection and Maintenance Guide
APPENDICES
A Emergency Response Plan
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SECTION 1
MAR 15 ZO 13
PROJECT DESCRIPTION NORTHANDOVER
CONSERVATION COMMISSION
1.1. GENERAL
The Owner, Angus Realty Corporation, is proposing the construction of a retail bank, parking lot and
stormwater management system in the northwestern most portion of the existing site. The Owner will
be responsible for any future maintenance and implementation of this Inspection and Maintenance
Plan. This Inspection and Maintenance Plan will be implemented for the proposed bank and site
access road. Inspection.and maintenance procedures for remaining areas of the site will be in
accordance with existing inspection and maintenance policies and procedures of the Butcher Boy
Marketplace. An Emergency Response Plan has been prepared to handle potential releases at the
site. A copy of the plan is presented in Appendix A. Figure No. C-3 presents erosion and sediment
control measures to be implemented at the site. Figure No. C-5 presents a plan of stormwater
management system.
Owner
Angus Realty Corporation
1077 Osgood Street
North Andover, MA 01845
Telephone: 978-688-1511
Facility Contact (Site Operation and Maintenance)
Alan Yameen
Angus Realty Corporation
1077 Osgood Street
North Andover, MA 01845
Telephone: 978-688-1511
Engineer
Richard Barthelmes, P.E.
Lynnfield Engineering, Inc.
199 Newbury Street Suite 115
Danvers, MA 01923
Telephone: 978-777-7250
1.2 CONSTRUCTION PERIOD STORMWATER POLLUTION PREVENTION AND EROSION
SEDIMENTATION CONTROLS PLAN
Narrative
The applicant proposes to construct a retail bank building, associated parking areas, stormwater
i systems, and utilities to service the new site improvements. The proposed stormwater
improvements include deep sump catchbasins, hydrodynamic separator units, and an underground
detention system.
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I
Name of Person Responsible for Plan compliance
Alan Yameen
Angus Realty Corporation
1077 Osgood Street
North Andover, MA 01845
Telephone: 978-688-1511
Construction Period Pollution Prevention Measures
The following erosion control measures are proposed:
Silt fence and hay bale erosion control barriers.
• Stabilized construction entrance.
• Silt sock inserts at the inlet of all catchbasins to be used as temporary construction measures to
prevent siltation from entering the stormwater system.
• Jute netting or other temporary measures during construction.
Erosion and Sedimentation Control Plan Drawings
The Erosion and Sedimentation Control Plan depicts the location of erosion and sedimentation
controls.
Vegetation Planning
The applicant proposes to permanently vegetate all disturbed areas to prevent erosion and siltation.
The areas shall be stabilized with six inches of loam and grass seed or hydroseed.
If construction ceases 21 days or more, all denuded areas shall receive temporary seeding within 14
days to ensure erosion on these areas will not occur.
i
Site Development Plan
Refer to Site Plans and Details for the existing and proposed site conditions.
Construction Sequencing Plan
The sequence of major events is anticipated to be: I
1. Install perimeter erosion control measures.
2. Remove and protect existing plants and shrubs.
3. Remove ATM structure and relocate site access road.
4. Install stabilized construction entrance.
5. Remove and stockpile loam.
6. Construct proposed stormwater management system.
7. Construct proposed site improvements.
8. Complete grading and permanent seeding.
9. When construction is complete and site is stabilized, remove trapped sediments from collector
devices as appropriate and then remove temporary erosion control measures.
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Sequencing of Erosion and Sedimentation Controls
1. Install perimeter erosion control measures.
2. Install stabilized construction entrance.
3. Inspect and maintain erosion control measures as prescribed.
4. When construction is complete and site is stabilized, remove trapped sediments from.collector
devices as appropriate and then remove temporary erosion control measures.
Inspection Schedule
The erosion control measures shall be inspected once every 14 days, after every rainfall of 0.25
inches or greater and at least daily during prolonged rainfall events.
Maintenance Schedule
Repairs to the erosion control fences and devices shall be made as necessary and sediment shall be
removed when deposits have reached one third (1/3) of the barrier height.
Repairs to the silt sacks shall be made after every rainfall as necessary. When sediment has reached
one third (1/3) the depth of the trap, the sediment shall be removed.
The stabilized construction entrance stone shall be replaced as necessary to prevent tracking
sediment onto public roadways.
Inspection and Maintenance Log Form
The site superintendent is responsible for maintaining inspection log forms on site during
construction. A copy of the inspection form is presented in Attachment No. 1.
1.3 POST-CONSTRUCTION INSPECTIONS AND MAINTENANCE OF STORMWATER BMPS
Deep Sump Catch basins
The deep sump catchbasins shall be inspected four times per year for the first year. If the depth of
sediment is not greater than two feet during the first year of inspection then the inspections shall be
performed once per year. The catch basins shall be cleaned once the depth of sediment reaches two
feet which is one half the sump depths. Vacuum trucks are preferred due to their effectiveness and
they are less likely to damage the oil/grease hood.
Hydrodynamic Separator Units
Units shall be inspected four times per year for the first year. After the first year the unit needs to be
inspected once per year. Inspections should be performed with a "sludge judge" to measure the oil
depth, if any, and the sediment depth. Cleaning is required when the sediment depth reaches 75%
of the storage capacity of the unit. Cleaning must be performed with a vacuum truck. Attachment
No. 2 presents the manufacturer inspection/maintenance guide for the units.
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Detention System
The detention system shall be inspected four times per year for the first year. After the first year, the
units need to be inspected annually. The detention system has inspection ports or manholes to
visibly observe the bottom of the system. Visible observations shall inspection of the bottom of bed
for ponding water, debris or sediment, 'inspection of the inlet and outlet to ensure they are free from
debris and sediment and that there are no other obstructions; inspection of the structural integrity of
the units from above ground settlement or by observations from the ports/manholes
Maintenance of Landscaped Areas
Landscaped and grass areas immediately adjacent to the proposed parking areas and buildings shall
be mowed as required. Grass clippings shall be directed away from the stormwater systems.
Fertilizers or pesticides shall not be used with grassed and landscaped areas.
Pavement Maintenance
Paved areas of the site shall be inspected on a regular basis and cleaned of accumulated sand and
debris. Ata minimum, paved areas shall be cleaned on an annual basis. Pavement cleaning shall be
performed by a qualified contractor and all material removed transported off site for disposal. Paved
areas of the site shall be swept on an annual basis.
Snow Removal/Storage
Snow from the proposed parking lot area is to be transported to offsite by the snow removal
contractor. No stockpiling or storage of snow from paved areas of the site is to be performed along
Great Pond Road. Deicing chemicals are not to be utilized on the site. In compliance with the existing
deed restrictions, pesticides, fertilizers and other chemical shall not be used on the site.
I
Debris and Litter Removal
Trash may collect potentially causing clogging of the facilities. All litter and debris should be i
collected and removed from the site on a regular basis.
Vehicle Washing
Washing of vehicles is prohibited on the site.
Operation and Maintenance Budget
Operation and maintenance costs at the site includes third-party inspections, cleaning of catch
basins and separator units and sweeping of the parking lot areas,
Table No. 1 presents a summary of anticipated costs in the first year of operation following
construction of the site. Inspections and cleaning of catch basins and separator units at the site may
be reduced to annually based on the findings of the first year inspections completed.
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r 1
ILIMassachusetts Department of Environmental Protection
Bureau of Resource Protection - Wetlands DEP File Number:
WPA Form 5 - Order of Conditions 242-1391
Massachusetts Wetlands Protection Act M.G.L. c. 131, §40
A. General Information
Important: North Andover
When filling From: 1.Conservation Commission
out forms on
the computer, 2. This issuance is for(check one): ® Order of Conditions ❑ Amended Order of Conditions
use only the
tab key to 3. To: Applicant:
move your
cursor-do not Kenneth Yameen Angus Realty Corporation
use the return a.First Name b. Last Name c. Company
key. 1077 Osgood Street
d.Mailing Address
North Andover MA. 01845
A AV e.City/Town f.State g.Zip Code
4. Property Owner(if different from applicant):
a. First Name b. Last Name c.Company
d. Mailing Address
e.City/Town f.State g.Zip Code
5. Project Location:
1077 Osgood Street North Andover
a. Street Address b.City/Town
Map 35 Parcel 27
c.Assessors Map/Plat Number d. Parcel/Lot Number
Latitude and Longitude, if known (note: 42-42'-52" 71-06'-52"
electronic filers will click for GIS locator): e.Latitude f.Longitude
6. Property recorded at the Registry of Deeds for(attach additional information if more than one parcel):
Essex North
a.County b.Certificate(if registered land)
912 443
c. Book d113102 Page
3/22/07 13 D .?
7. Dates: a. Date Notice of Intent Filed b. Date Pu is Hearing Closed c.Dat of: uance
8. Final Approved Plans and Other Documents (attach additional plan or document references as
needed):
Existing Conditions Plan
a. Plan Title
Lynnfield Engineering, Inc. Richard Barthelmes, P. E.
b. Prepared_
aredvy 1.Signed and Stamped by
dd..�F-(nnal Rdviisi n Date e.Scale
wee_ (AeA
f.Additional Plan or Document Title g. Date
9. Total WPA Fee Paid: $1,000.00 $237.50 $762.50
a.Total Fee Paid b.State Fee Paid c.City/Town Fee Paid
wpaform5.doc• rev.3/1/05 Page 1 of 9
� 1
LlMassachusetts Department of Environmental Protection
Bureau of Resource Protection - Wetlands DEP File Number:
il
WPA Form 5 - Order of Conditions 242-1391
Massachusetts Wetlands Protection Act M.G.L. c. 131, §40
B. Findings
i. Findings pursuant to the Massachusetts Wetlands Protection Act:
Following the review of the above-referenced Notice of Intent and based on the information provided
in this application and presented at the public hearing, this Commission finds that the areas in which
work is proposed is significant to the following interests of the Wetlands Protection Act. Check all that
apply:
a. ® Public Water Supply b. ❑ Land Containing Shellfish c. ® Prevention of Pollution
d. ® Private Water Supply e. ❑ Fisheries f. ® Protection of Wildlife
Habitat
g. ® Groundwater Supply h. ® Storm Damage Prevention i. ® Flood Control
2. This Commission hereby finds the project, as proposed, is: (check one of the following boxes)
Approved subject to:
® the following conditions which are necessary in accordance with the performance standards set forth
in the wetlands regulations. This Commission orders that all work shall be performed in accordance
with the Notice of Intent referenced above, the following General Conditions, and any other special
conditions attached to this Order. To the extent that the following conditions modify or differ from the
plans, specifications, or other proposals submitted with the Notice of Intent, these conditions shall
control.
Denied because:
❑ the proposed work cannot be conditioned to meet the performance standards set forth in the wetland
regulations. Therefore, work on this project may not go forward unless and until a new Notice of Intent is
submitted which provides measures which are adequate to protect these interests, and a final Order of
Conditions is issued. A description of the performance standards which the proposed work cannot
meet is attached to this Order.
❑ the information submitted by the applicant is not sufficient to describe the site, the work, or the effect
of the work on the interests identified in the Wetlands Protection Act. Therefore, work on this project may
not go forward unless and until a revised Notice of Intent is submitted which provides sufficient information
and includes measures which are adequate to protect the Act's interests, and a final Order of Conditions
is issued. A description of the specific information which is lacking and why it is necessary is
attached to this Order as per 310 CMR 10.05(6)(c). '
Inland Resource Area Impacts: Check all that apply below. (For Approvals Only)
❑ Buffer Zone Impacts: Shortest distance between limit of project disturbance and
wetland boundary(if available) linear feet
Resource Area Proposed Permitted Proposed Permitted
Alteration Alteration Replacement Replacement
3. ❑ Bank a.linear feet b.linear feet c. linear feet d.linear feet
4. ❑ Bordering Vegetated
Wetland a.square feet b.square feet c.square feet d.square feet
5. ❑ Land Under a.square feet b.square feet c.square feet d.square feet
Waterbodies and
Waterways
e.cu.yd dredged f.cu.yd dredged
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Page 2 of 9
t t
ILIMassachusetts Department of Environmental Protection
Bureau of Resource Protection - Wetlands DEP File Number:
WPA Form 5 - Order of Conditions 242-1391
Massachusetts Wetlands Protection Act M.G.L. c. 131, §40
B. Findings (cont.)
Resource Area Proposed Permitted Proposed Permitted
Alteration Alteration Replacement Replacement
6. ❑ Bordering Land
Subject to Flooding a.square feet b.square feet c.square feet d.square feet
Cubic Feet Flood
Storage e.cubic feet f.cubic feet g. cubic feet h.cubic feet
7. ❑ Isolated Land Subject
to Flooding a.square feet b.square feet
Cubic Feet Flood
Storage c.cubic feet d.cubic feet e.cubic feet f. cubic feet
8. ❑ Riverfront area a.total sq.feet b.total sq.feet
Sq ft within 100 ft c.square feet d.square feet e.square feet f.square feet
Sq ft between 100-200 ft e.square feet f.square feet e. square feet f.square feet
Coastal Resource Area Impacts: Check all that apply below. (For Approvals Only)
9. ❑ Designated Port Indicate size under Land Under the Ocean, below
Areas
10. ❑ Land Under the
Ocean a.square feet b.square feet
c.cu.yd dredged d.cu.yd dredged
11. ❑ Barrier Beaches Indicate size under Coastal Beaches and/or Coastal Dunes below
12. ❑ Coastal Beaches a.square feet b. square feet c. c/y nourishmt. d.c/y nourishmt.
13. ❑ Coastal Dunes a.square feet b. square feet c.c/y nourishmt. d.c/y nourishmt
14. ❑ Coastal Banks a. linear feet b. linear feet
15. ❑ Rocky Intertidal
Shores a.square feet b.square feet
16. ❑ Salt Marshes a.square feet b.square feet c.square feet d.square feet
17. ❑ Land Under Salt
Ponds a.square feet b.square feet
c.cu.yd dredged d.cu.yd dredged
18. ❑ Land Containing
Shellfish a.square feet b. square feet c.square feet d.square feet
19. ❑ Fish Runs Indicate size under Coastal Banks, inland Bank, Land Under the
Ocean, and/or inland Land Under Waterbodies and Waterways,
above
a.cu.yd dredged b.cu.yd dredged
20. ❑ Land Subject to
Coastal Storm Flowage a.square feet b.square feet
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r r
LlMassachusetts Department of Environmental Protection
Bureau of Resource Protection - Wetlands DEP File Number:
WPA Form 5 - Order of Conditions 242-1391
Massachusetts Wetlands Protection Act M.G.L. c. 131, §40
C. General Conditions Under Massachusetts Wetlands Protection Act
(only applicable to approved projects)
1. Failure to comply with all conditions stated herein, and with all related statutes and other regulatory
measures, shall be deemed cause to revoke or modify this Order.
2. The Order does not grant any property rights or any exclusive privileges; it does not authorize any
injury to private property or invasion of private rights.
3. This Order does not relieve the permittee or any other person of the necessity of complying with all
other applicable federal, state, or local statutes, ordinances, bylaws, or regulations.
4. The work authorized hereunder shall be completed within three years from the date of this Order
unless either of the following apply:
a. the work is a maintenance dredging project as provided for in the Act; or
b. the time for completion has been extended to a specified date more than three years, but less
than five years, from the date of issuance. If this Order is intended to be valid for more than three
years, the extension date and the special circumstances warranting the extended time period are
set forth as a special condition in this Order.
5. This Order may be extended by the issuing authority for one or more periods of up to three years each
upon application to the issuing authority at least 30 days prior to the expiration date of the Order.
6. Any fill used in connection with this project shall be clean fill. Any fill shall contain no trash, refuse,
rubbish, or debris, including but not limited to lumber, bricks, plaster, wire, lath, paper, cardboard,
pipe, tires, ashes, refrigerators, motor vehicles, or parts of any of the foregoing.
7. This Order is not final until all administrative appeal periods from this Order have elapsed, or if such
an appeal has been taken, until all proceedings before the Department have been completed.
8. No work shall be undertaken until the Order has become final and then has been recorded in the
Registry of Deeds or the Land Court for the district in which the land is located, within the chain of title
of the affected property. In the case of recorded land, the Final Order shall also be noted in the
Registry's Grantor Index under the name of the owner of the land upon which the proposed work is to
be done. In the case of the registered land, the Final Order shall also be noted on the Land Court
Certificate of Title of the owner of the land upon which the proposed work is done. The recording
information shall be submitted to this Conservation Commission on the form at the end of this Order,
which form must be stamped by the Registry of Deeds, prior to the commencement of work.
9. A sign shall be displayed at the site not less then two square feet or more than three square feet in
size bearing the words,
"Massachusetts Department of Environmental Protection" [or, WA DEP"]
"File Number 242-1391 "
wpaform5.doc• rev.3/1/05 Page 4 of 9
1 �
Massachusetts Department of Environmental Protection
Bureau of Resource Protection - Wetlands DEP File Number:
WPA Form 5 - Order of Conditions 242-1391
Massachusetts Wetlands Protection Act M.G.L. c. 131, §40
C. General Conditions Under Massachusetts Wetlands Protection Act
10. Where the Department of Environmental Protection is requested to issue a Superseding Order, the
Conservation Commission shall be a party to all agency proceedings and hearings before DEP.
I
11. Upon completion of the work described herein, the applicant shall submit a Request for Certificate of
Compliance (WPA Form 8A)to the Conservation Commission.
12. The work shall conform to the plans and special conditions referenced in this order.
13. Any change to the plans identified in Condition#12 above shall require the applicant to inquire of the
Conservation Commission in writing whether the change is significant enough to require the filing of a
new Notice of Intent.
14. The Agent or members of the Conservation Commission and the Department of Environmental
Protection shall have the right to enter and inspect the area subject to this Order at reasonable hours
to evaluate compliance with the conditions stated in this Order, and may require the submittal of any
data deemed necessary by the Conservation Commission or Department for that evaluation.
15. This Order of Conditions shall apply to any successor in interest or successor in control of the
property subject to this Order and to any contractor or other person performing work conditioned by
this Order.
16. Prior to the start of work, and if the project involves work adjacent to a Bordering Vegetated Wetland,
the boundary of the wetland in the vicinity of the proposed work area shall be marked by wooden
stakes or flagging. Once in place, the wetland boundary markers shall be maintained until a Certificate
of Compliance has been issued by the Conservation Commission.
17. All sedimentation barriers shall be maintained in good repair until all disturbed areas have been fully
stabilized with vegetation or other means. At no time shall sediments be deposited in a wetland or
water body. During construction, the applicant or his/her designee shall inspect the erosion controls
on a daily basis and shall remove accumulated sediments as needed. The applicant shall immediately
control any erosion problems that occur at the site and shall also immediately notify the Conservation
Commission, which reserves the right to require additional erosion and/or damage prevention controls
it may deem necessary. Sedimentation barriers shall serve as the limit of work unless another limit of
work line has been approved by this Order.
18. All work associated with this Order is required to comply with the Massachusetts Stormwater Policy
Standards.
Special Conditions:
If you need more See attached
space for
additional
conditions,
select box to
attach a text
document
wpaform5.doc• rev.3/1/05
Page 5 of 9
Massachusetts Department of Environmental Protection
Bureau of Resource Protection - Wetlands SEP File Number:
WPA Form 5 - Order of Conditions 242-1391
Massachusetts Wetlands Protection Act M.G.L. c. 131, §40
D. Findings Under Municipal Wetlands Bylaw or Ordinance
1. Is a municipal wetlands bylaw or ordinance applicable? ® Yes ❑ No
2. The North Andover hereby finds (check one that applies):
Conservation Commission
3. ❑ that the proposed work cannot be conditioned to meet the standards set forth in a municipal
ordinance or bylaw specifically:
a.Municipal Ordinance or Bylaw b.Citation
Therefore, work on this project may not go forward unless and until a revised Notice of Intent is
submitted which provides measures which are adequate to meet these standards, and a final Order of
Conditions is issued.
4. ® that the following additional conditions are necessary to comply with a municipal ordinance or
bylaw:
North Andover Wetland Protection Bylaw Chapter 178
a.Municipal Ordinance or Bylaw b.Citation
The Commission orders that all work shall be performed in accordance with the following conditions
and with the Notice of Intent referenced above. To the extent that the following conditions modify or
differ from the plans, specifications, or other proposals submitted with the Notice of Intent, the
conditions shall control.
If space
need more c. The special conditions relating to municipal ordinance or law are as follows:
space for p 9 p Y
additional See attached
conditions,
select box to
attach a text
document
wpaform5.doc• rev.3/1/05
Page 6 of 9
DEP FILE # 242 - 1391
Therefore, the North Andover Conservation Commission (hereafter the "NACC") hereby
finds that the following conditions are necessary, in accordance with the Performance
Standards set forth in the State Regulations, the local Bylaw and Regulations, to protect those
interests noted above. The NACC orders that all work shall be performed in accordance with
said conditions and with the Notice of Intent referenced below. To the extent that the
following conditions modify or differ from the plans, specifications or other proposals
submitted with the Notice of Intent, the conditions shall control.
GENERAL CONDITIONS
18. Failure to comply with all conditions stated herein, and with all related statutes and other
regulatory measures, shall be deemed cause to revoke or modify this Order.
19. This Order does not grant any property rights or any exclusive privileges; it does not
authorize any injury to private property or invasion of property rights. However, the
NACC, agent of the NACC or the Department of Environmental Protection (DEP)
reserves the right to enter and inspect the property at all reasonable times until a
Certificate of Compliance is issued, to evaluate compliance with this Order of Conditions,
the Act (310 CMR 10.00), the North Andover Wetland Bylaw and Regulations, and may
require any information, measurements, photographs, observations, and/or materials, or
may require the submittal of any data or information deemed necessary by the NACC for
that evaluation. Further, work shall be halted on the site if the NACC, agent or DEP
determines that any of the work is not in compliance with this Order of Conditions.
Work shall not resume until the NACC is satisfied that the work will comply and has so
notified the applicant in writing.
20. This Order does not relieve the permittee or any other person of the necessity of
complying with all other applicable federal, state or local statutes, ordinances, by-laws or
regulations.
21. The work authorized hereunder shall be completed within three years from the date of
this order.
22. This Order may be extended by the issuing authority for one or more periods of up to one
year each upon application to the issuing authority at least thirty days (30) prior to the
expiration date of the Order (Refer to Section 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.
24. Where the Department of Environmental Protection (DEP) is requested to make a
determination and to issue a Superseding Order, the Conservation Commission shall be a
party to all agency proceedings and hearings before the Department.
C:\Winword\OOC\10770sgoodSt.doc 1 NACC 7/2/2007
DEP FILE #242 - 1391
25. This Order of Conditions is issued under File No. 242-1391.
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: the expansion of an existing parking lot, stormwater
management structures and associated grading activities within the buffer zone to a
Bordering Vegetated Wetland (BVW) associated with Lake Cochichewick (across Great
Pond Road). The proposed work also includes the construction of a small access ramp
within an existing paved area within the buffer zone to an additional Bordering
Vegetated Wetland (BVW) to the rear of the existing building. The site is located
within the Watershed Protection District.
As a commercial project with a net increase in impervious area,The NACC finds that
the project is subject to the requirements of the Stormwater Management and Flood
Storage standards of the North Andover Wetlands Protection Bylaw (section 7) and the
Stormwater Management Policy. Upon a comprehensive drainage review and with the
exception of Standard 3 (Recharge),the project as proposed meets the requirements of
the nine stormwater management standards. The recharge standard could not be met
due to the project being within an area that prohibits the infiltration of runoff from
paved areas (local Watershed Protection District). Acknowledging this,the NACC is
satisfied and accepts the project as proposed.
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: Angus Realty Corporation (Applicant)
C/o Kenneth Yameen
1077 Osgood Street
North Andover, MA 01845
Dated March 22,2007
Prepared by: Lynnfield Engineering,Inc. (Representative)
199 Newbury Street, Suite 115
Danvers, MA 01923
Site Plans prepared by: Lynnfield Engineering,Inc. (Representative)
199 Newbury Street, Suite 115
Danvers,MA 01923
C:\Winword\OOC\10770sgoodSt.doc 2 NACC 7/2/2007
DEP FILE #242 - 1391
Dated April 2007,revised through 5/24/07. Consisting of
sheets C-1 through C-6 and E-1 & E-2. Stamped & Signed
by Richard Barthelmes,P.E. (no title on Cover sheet)
Other Record Plans &
Documents: Stormwater Analysis and Calculations dated February 9,
2007,revised May 18,2007;
Stormceptor Design Summary/Specifications/Standards
(no date);
Operation and Maintenance Plan dated February 9,2007,
revised May 24, 2007;
Drainage Review Letter prepared by Eggleston
Environmental dated May 4,2007;
Drainage Review Response Letter prepared by Lynnfield
Engineering, Inc. dated May 8, 2007;
Drainage Review E-mail prepared by Eggleston
Environmental dated May 15,2007,
Drainage Review Response Letter prepared by Lynnfield
Engineering, Inc. dated May 25, 2007;
Drainage Review Letter prepared by Eggleston
Environmental dated June 5, 2007;
Letter prepared by Lynnfield Engineering,Inc. dated
April 10, 2007 and attached plans entitled Proposed
Ramp;
Aerial Photo of existing site conditions (no date).
30. The following wetland resource areas are affected by the proposed work: Buffer Zone to
Bordering Vegetated Wetlands (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 and as depicted on the approved plans 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
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DEP FILE #242 - 1391
and a fifty foot (50') No-Construction Zone shall be established from the edge of the
adjacent wetland resource area except in those already disturbed locations as depicted
on the approved plan referenced herein. 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).
33. This document shall be included in all construction contracts, subcontracts, and
specifications dealing with the work proposed and shall supersede any conflicting
contract requirements. The applicant shall assure that all contractors, subcontractors, and
other personnel performing the permitting work are fully aware of the permits terms and
conditions. Thereafter, the contractor will be held jointly liable for any violation of this
Order resulting from failure to comply with its conditions.
34. The owners of the project and their successors in title, in the event they proceed to alter
areas subject to the Commission's jurisdiction under the order, agree that the Order does
not in itself impose upon the 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. Maintenance of the drainage system, if accepted by the Town as
part of a public way, becomes the responsibility of the Town.
35. Issuance of these Conditions does not in any way imply or certify that the site or
downstream areas will not be subject to flooding, storm damage or any other form of
water damage.
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 Department
or Court have been completed.
37. This Order shall be recorded by the applicant at the Registry of Deeds immediately after
the expiration of all appeal periods. No work shall be undertaken until the Final Order
has been recorded in the Registry of Deeds or the Land Court for the district in which the
land is located, within the chain of title of the affected property. In the case of recorded
land, the Final Order shall also be noted in the Registry's Grantor Index under the name
of the owner of the land upon which the proposed work is to be done. In the case of
registered land, the Final Order shall also be noted on the Land Court Certificate of Title
of the owner of the land upon which the proposed work is to be done. The recording
information shall be submitted to the North Andover Conservation Commission on the
form at the end of this Order prior to commencement of the work. Any Order not
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DEP FILE #242 - 1391
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 242-1391."
39. Any changes in the submitted plans caused by the applicant,another Board's decision
or resulting from this Order of Conditions must be submitted to the NACC for
approval prior to implementation. If the NACC finds said changes to be significant, the
NACC will call for another public hearing (at the expense of the applicant). Within 21
days of the close of said public hearing the NACC will issue an amended or new Order of
Conditions. Any errors found in the plans or information submitted by the applicant shall
be considered as changes. The proposed project may be still under review by other local
or state boards or agencies. This may result in changes to the project plans or wetland
impacts. If any such changes occur a revised plan and an explanation of the revisions shall
be submitted to the NACC for review and approval prior to the start of construction. No
work shall begin on a project until written approval has been granted by the NACC.
40. It is the responsibility of the applicant, owner, and/or successor(s) to ensure that all
conditions of this Order of Conditions are complied with. The project engineer and
contractors are to be provided with a copy of this Order of Conditions and referenced
documents before commencement of construction.
41. 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.
42. Prior to the commencement of any work, the applicant shall permanently mark the edge
of disturbance (treelin%dge of existing pavement to rear) with seven (7) 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.
43.Wetland flagging shall be checked prior to start of construction and shall be re-
established where missing. All wetland flagging shall remain visible and enumerated
per the approved plan(s) throughout the life of the project and until a Certificate of
Compliance is issued so that erosion control measures can be properly placed and
wetland impacts can be monitored. The proposed limit of work shall be shall be clearly
marked with stakes or flags and shall be confirmed by the NACC. Such markers shall be
checked and replaced as necessary and shall be maintained until all construction is
complete. Workers should be informed that no use of machinery, storage of machinery or
materials, stockpiling of soil, or construction activity is to occur beyond this line at any
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DEP FILE #242 - 1391
time. All flags used for the above purposes shall be of a color different from other
flagging used on the site.
44. A row of staked hay bales backed by trenched siltation fence shall be placed between all
construction areas and wetlands. The erosion control barrier will be properly installed
and placed as shown on the plans approved and referenced herein and shall be inspected
and approved by the NACC prior to the start of construction and shall remain intact until
all disturbed areas have been permanently stabilized to prevent erosion. All erosion
prevention and sedimentation protection measures found necessary during construction
shall be implemented at the direction of the NACC. The NACC reserves the right to
impose additional conditions on portions of this project to mitigate any impacts which
could result from site erosion, or any noticeable degradation of surface water quality
discharging from the site. For example, installation of erosion control measures may be
required in areas not shown on the plan(s) referenced in this Order of Conditions. Should
such installation be required by the NACC, they shall be installed within 48 hours of the
Commission's request.
45. The applicant shall have on hand at the start of any soil disturbance, removal or
stockpiling, a minimum of 30 hay bales and sufficient stakes for staking these bales (or an
equivalent amount of silt fence). Said bales shall be used only for the control of
emergency erosion problems and shall not be used for the normal control of erosion. All
additional emergency erosion controls shall be on site prior to the commencement of
any work on site and will be verified by the Conservation Department during the pre-
construction meeting.
46. A check payable to the Town of North Andover shall be provided in the amount of
$10,000,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.
47. The applicant shall designate a Qualified 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. Proof of the retained monitor must be submitted to the Conservation
Department on letterhead by the retained consulting firm for subsequent review and
approval by the NACC or agent thereof. This person shall be given the authority to
stop construction for erosion control purposes. The erosion control monitor will be
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DEP FILE # 242 - 1391
required to inspect all such devices and oversee cleaning and the proper disposal of waste
products. Cleaning shall include removal of any entrapped silt.
48. ON EVERY MONDAY of each week, or otherwise arranged by the NACC, in which
construction activities occurs on-site and for as long thereafter as ground remains
unstable, it is the applicant's responsibility to ensure that the Environmental/Erosion
Control Monitor (EMC) monitor the site and submit written reports to the NACC. The
EMC shall certify 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 EMC 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. Monitoring reports shall include current condition of
erosion and sedimentation controls; describe any erosion or sedimentation repair and/
or replacement; and describe any erosion or sedimentation problems and mitigation
measures implemented. Such reports shall continue until the applicant requests a less
frequent reporting schedule or an end to reports. This request must be submitted in
writing and is subject to approval by the Conservation Administrator.
49. The applicant and/or the legal owner of that portion of land upon which these Orders of
Conditions have been placed shall provide to the NACC prior to transferring, or
assigning any portion of said land to another party,subject to said Orders of
Conditions,the "Compliance Certification Form Affidavit" attached via "Appendix A"
signed under the pains and penalties of perjury, stating that said applicant and/or
owner has read these Orders of Conditions and is in compliance with each and every
condition. This document shall apply to each of the conditions referenced herein and
shall be provided to the Conservation Department at least five (5) business days after to
the closing of said land transaction.
50. Once these above mentioned pre-construction requirements are complete,the applicant
shall contact the Conservation Office prior to site preparation or construction and shall
arrange an on-site conference with an NACC representative,the contractor,the
engineer,wetland scientist and the applicant to ensure that all of the Conditions of this
Order are understood. This Order shall be included in all construction contracts,
subcontracts, and specifications dealing with the work proposed and shall supersede any
conflicting contract requirements. The applicant shall assure that all contractors,
subcontractors and other personnel performing the permitted work are fully aware of the
permit's terms and conditions. Thereafter, the contractor will be held jointly liable for any
violation of this Order of Conditions resulting from failure to comply with its conditions.
The applicant or contractor shall notify the NACC in writing of the identity of the on-site
construction supervisor hired to coordinate construction and to ensure compliance with
this Order. A reasonable period of time shall be provided as notice for each pre-
construction meeting (e.g. 72 hours).
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DEP FILE # 242 - 1391
11STORMWATER MANAGEMENT CONDITIONS
51. All construction and post-construction stormwater management systems shall be
conducted in accordance with the approved construction sequence, supporting
documents and plans submitted with the Notice of Intent,the Department of
Environmental Protection Stormwater Management Policy, and the approved
Operation and Maintenance Plan attached herein.
52. Evidence of maintenance of the stormwater management system shall be provided to
the NACC on an annual basis by a Registered Professional Civil Engineer. The first report
shall be submitted to the NACC one year after the first stormwater structure goes on-line
and annual reports must continue to be submitted until a Certificate of Compliance is
issued. Compliance with the designed stormwater management system and associated
stormwater management conditions shall be satisfied prior to the issuance of a Certificate
of Compliance.
53. All drainage structures shall be properly installed and functional. During construction,
all drainage structures shall be maintained, as outlined in the approved Operation and
Maintenance Plan attached herein.
54. Construction of the stormwater structures shall be constructed and functioning as part of
the initial project phase, immediately following clearing and rough grading of the site to
serve as siltation control during construction. Runoff from the site shall be directed towards
these basins.
55. Temporary and/or permanent basins being used for sedimentation and dewatering
during construction shall be cleaned of sediment when levels exceed six (6) inches. The
basins shall be cleaned of sediment prior to final grading and construction of permanent
stormwater basins.
56. There shall be no increase in the post development discharges from the storm drainage
system or any other changes in post development conditions that alter the post development
watershed boundaries as currently depicted in the Notice of Intent and approved by this
Order of Conditions, unless specifically approved in writing by the Commission.
57. Water quality down gradient of BVW's shall not differ significantly following completion
of the project from the pre-development conditions. There shall be no sedimentation into
wetlands or water bodies from discharge pipes or surface runoff leaving the site.
58. Prior to the issuance of the Certificate of Compliance,the applicant shall be
responsible for cleaning all stormwater structures, in accordance with the approved
Operation & Maintenance Procedures Plan attached herein and the associated stormwater
management conditions referenced herein.
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DEP FILE # 242 - 1391
59. 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
60. Accepted engineering and Best Management Practices (BMPs) for construction standards
shall be followed in the conduct of all work.
61. A crushed stone construction entrance shall be designated at the entrance drive to
minimize soil/material tracking in accordance with the approved standards and
specifications. The construction entrance shall be maintained and reinforced as necessary.
62. Erosion control devices shall be inspected regularly; any entrapped silt shall be removed
to an area outside of the buffer zone and wetland resource areas; silt fence and hay bales
shall be replaced as necessary. The areas of construction shall remain in stable condition at
the close of each construction day. All erosion controls shall be in place throughout the
duration of any construction on site or unless authorized by the Conservation personnel.
63. Upon beginning work, the applicant shall submit written progress reports every week
detailing what work has been done in or near resource areas, and what work is anticipated to
be done over the next period. This will update the construction sequence.
64. Any plants,trees or shrubs that have been incorporated into the Landscape Plan
approved and referenced herein that exhibit die back shall be replaced by the applicant or
prospective owner in perpetuity of this Order.
65. 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.
66. The sewer lines on the site, where they cross wetland resource areas, shall be tested for
water tightness in accordance with North Andover DPW standards.
67. Silt sacs/filter fabric or other siltation/sedimentation protection methods shall be
installed at any catch basin/storm drain within 50 feet of the work.
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DEP FILE # 242 - 1391
68. The Erosion Control Monitor shall be on site during and/or following a major storm
event of 1 inch of rain or greater to ensure that soils remain stable, erosion controls are
adequate and secure, and that all BMP's are adequately functioning.
69.Approved de-watering activities anticipated shall be supervised and witnessed by the
designated erosion control monitor. This designee must be on-site at all times while
dewatering is occurring. 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,which provides for the pumped water to be contained in a
settling basin,to reduce turbidity prior to discharge into a resource area.
70. Associated pavement and roadways shall be swept at least once per week or as directed
by the Erosion Control monitor,the Site Supervisor, Project Manager, or the Conservation
staff for as long as the site remains exposed and unstabilized.
71. 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.
72. 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 1St 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.
73. 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.
74. Equipment shall not be staged overnight within 50-feet of a wetland resource area.
75. There shall be no stockpiling of soil or other materials within twenty-five (25) feet of any
resource area.
76. Washings from concrete trucks, or surplus concrete, shall not be directed to, any drainage
system, or wetland resource area.
77. 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
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DEP FILE #242 - 1391
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.
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.
AFTER CONSTRUCTION
79. 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.
80. 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 Towri s Wetland Protection Bylaw and shall remain in perpetuity.
81. There shall be no dumping of leaves, grass clippings,brush,trash or other debris into
the wetland resource area or within 25' of the wetland resource area. This condition shall
survive the expiration of this Order and shall be included as a continuing condition in
perpetuity.
82. The approved Operation & Maintenance Plan is fully binding upon the applicant
and/or owners, successors,agents,associations, heirs and assigns and must be adhered to
in perpetuity.
83. Prior to the issuance of a Certificate of Compliance,the applicant shall submit an
Affidavit from the assignee (s) acknowledging the Operation & Maintenance
responsibilities of the stormwater management systems in accordance with the approved
Operation & Maintenance Plan and other perpetual conditions mandated in this Order.
84. No road salt, sodium chloride, or other de-icing chemicals shall be used on paved
surfaces within the entire site (protected watershed area),and any arrangement for snow
removal shall so stipulate due to the importance of the site and wetlands. Further, snow
stockpiling is prohibited within 50 feet of any/all wetland resource areas on the site.
Permanent signs designating"No-Salt Zone" and "No-Snow Stockpiling Zones" shall be
displayed in prominent locations. The location and placement of these signs are subject to
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DEP FILE #242 - 1391
review and subsequent approval by the NA CC or Agent thereof. Signs are available for
purchase at the Conservation Department.
85. 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.
86. 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.
87. Upon completion of the project the applicant shall submit the following to the
Conservation Commission as part of a request for a Certificate of Compliance:
a. WPA Form 8A - "Request for a Certificate of Compliance."
b. A letter from the applicant requesting a Certificate of Compliance.
c. The name and address of the current landowner.
d. Signed statements from the individual property owners shall be submitted with
the request for a Certificate of Compliance indicating that they read and
understood the recorded Order of Conditions prior to purchasing their property.
e. The name and address of the individual/trust or corporation to whom the
compliance is to be granted.
f. The street address and assessor's map/parcel number for the project.
g. The DEP file number.
h. A written statement from a Registered Professional Civil Engineer (and/or
Registered Professional Land Surveyor) of the Commonwealth certifying that the
work has been conducted as shown on the plan(s) and documents referenced
above, and as conditioned by the Commission.
i. An"As-Built" plan prepared and signed and stamped by a Registered Professional
Civil Engineer (and/or Registered Professional Land Surveyor) of the
Commonwealth, for the public record. This plan will include:
➢ "As-Built" post-development elevations of all drainage & stormwater
management structures constructed within 100 feet of any wetland resource
area. NOTE: If portions of the stormwater systems exist partially within the
Buffer Zone than the entire structure must be depicted to accurately verify
compliance.
➢ "As-Built" post-development elevations and grades of all filled or altered
wetland resource areas including the encompassing buffer zone, which is
regulated as a resource area under the local Wetland Protection Bylaw.
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DEP FILE # 242 - 1391
➢ 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 anv disturbance of soils or vegetation.
➢ Location of all subsurface utilities entering the property.
88. The following special conditions shall survive the issuance of a Certificate of Compliance
(COC) for this project:
➢ 25' No-Disturbance Zone and a 50' No-Construction Zone shall be established
from the edge of adjacent wetland resource areas except in those locations
approved under this filing. Future work within 100' of existing wetland
resource areas will require a separate filing with the NACC. The Conservation
Administrator and/or other agents of the NACC do not have the authority to
waive these setbacks as established under the local Bylaw (Condition#32);
➢ Discharge or spillage of pollutants (Condition# 78);
➢ Maintenance of catch basins (Condition #65);
➢ Maintenance of 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 (Condition#59);
➢ Prohibition of underground fuels (Condition#79);
➢ Limitations on the use of fertilizers, herbicides, road salts, de-icing compounds
and pesticides (Conditions #80 & #84);
➢ Prohibition of dumping of leaves, grass clippings, brush, trash, or other debris
(Condition#81);
➢ Prohibition and Limitations on snow stockpiling (Condition#84);
➢ Replacement of Plantings (Condition#64);
➢ The attached "Stormwater Operations and Management Plan", including Best
Management Practices. No additional filings will be required to conduct
maintenance of the above referenced system and plan (Condition #82).
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INSPECTION AND MAINTENANCE PLAN
FOR
BUTCHER BOY MARKETS
1077 OSGOOD STREET (ROUTE 125)
NORTH ANDOVER, MASSACHUSETTS
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Prepared for:
Angus Realty Corporation
1077 Osgood Street
North Andover, Massachusetts 01845
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February 9, 2007
Revised: May 24, 2007
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PROJECT DESCRIPTION:
The Owner, Angus Realty Corporation, is proposing expansion of the existing parking lot and stormwater
management system. The Owner will be responsible for any future maintenance and implementation of
this Inspection and Maintenance Plan.
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Owner
Angus Realty Corporation
1077 Osgood Street
North Andover, MA 01845
Telephone: 978-688-1511
Facility Contact(Site Maintenance)
Alan Yameen
Angus Realty Corporation
1077 Osgood Street
North Andover, MA 01845
Telephone: 978-688-1511
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Engineer
Richard Barthelmes, P.E.
Lynnfield Engineering, Inc.
199 Newbury Street Suite 115
Danvers,MA 01923
Telephone: 978-777-7250
Planned Erosion and Sedimentation Control Measures During Construction Activities
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Storm Drain Inlet Protection
A temporary storm inlet protection filter will be placed around all catch basin units. The purpose of the
filter is to prevent the inflow of sediments into the closed drainage system. The filter shall remain in place
until a permanent vegetative cover is established and the transport of sediment is no longer visibly
apparent. The filter shall be inspected and maintained on a weekly basis and after every storm event.
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Surface Stabilization
The surface of all disturbed areas shall be stabilized during and after construction. Temporary measures
shall be taken during construction to prevent erosion and siltation. All disturbed slopes will be stabilized
with a permanent vegetative cover. Some or all of the following measures will be utilized on this project
as conditions may warrant.
a. Temporary Seeding
b. Temporary Mulching
C. Permanent Seeding
d. Placement of Sod
e. Hydroseeding
f. Placement of Hay
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g. Placement of Jute Netting I
Inspection and Maintenance of Stormceptor Units
The performance of the these units shall be checked after every major storm event during construction.
Long-Term Inspection and Maintenance Measures After Construction j
Erosion Control h'
Eroded sediments can adversely affect the performance of the stormwater management system. Eroding !
or barren areas should be immediately re-vegetated.
Subsurface Detention Facilities
The detention facilities should be inspected after the first several rainfall events or first few months after
construction, after all major storms (2 year), and on regular bi-annual scheduled dates. Ponded water
inside the system(as visible from the observation well) may indicate settling of the system.
Debris and Litter Removal
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Trash may collect in the BMP's, potentially causing clogging of the facilities. All debris and litter shall be
removed when necessary, and after each storm event.
Inspection and Maintenance of Deep Sump Catch Basins and Outlet Control Manhole (PDMH#3)
The outlet control manhole shall be inspected four(4) times per year, and if necessary, any maintenance
shall be performed so that it functions as designed. The manhole shall be cleaned twice per year, and
when sediment in the bottom of the sump reaches 12-inches below the bottom of the lowest outlet. Inlet
and outlet pipes should be checked for clogging. At a minimum, inspection of the outlet control manhole
shall be performed during the last week of April and the first week of October each year.
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Stormceptor Water Quality Treatment Unit pp�
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The performance of all stormwater quality measures decrease as they fill with sediment. Although the
maintenance frequency will be site specific, Stormceptor generally recommends annual maintenance be
performed or when the sediment reaches 8"in depth. Oil is removed through the inspection/cleanout pipe
and sediment is removed through the outlet riser pipe. Alternatively, oil could be removed from the outlet
riser pipe if water is removed from the treatment chamber, lowering the oil level below the drop pipes.
In the event of any hazardous material spill,maintenance should be performed by a licensed liquid waste
hauler. The appropriate regulatory agencies should also be notified.
t
The requirements for the disposal of material from a Stormceptor are similar to that of any other Best j
Management Practices (BMPs). Local guidelines should be consulted prior to disposal of the separator
contents. In most areas the sediment, once dewatered, can be disposed of in a sanitary landfill. It is not
anticipated that the sediment would be classified as a hazardous waste. In some areas,mixing the water
with the sediment will create a slurry that can be discharged into a trunk sanitary sewer. In all disposal !;
options, approval from the disposal facility agency is required. Petroleum waste products collected in
stormceptor(oil/chemical/fuel spills) should be removed by a licensed waste management company. I'
A copy of the Owner's Manual detailing maintenance procedures for the unit is presented in I'
Attachment No. 1. l
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Catch Basin Maintenance
Catch basins shall be inspected on an annual basis to determine the depth of sediment contained within the
sump. A minimum 12" separation shall be maintained between accumulated sediment and the catch basin
outlet. Accumulated debris shall be removed, as necessary,to insure proper operation of the catch basin,
but not later than every three years. Accumulated debris shall be removed by a qualified contractor and
transported off site for disposal.
Pavement Maintenance
Paved areas of the site shall be inspected on a regular basis and cleaned of accumulated sand and debris.
At a minimum,paved areas shall be cleaned on a semi-annual basis. Pavement cleaning shall be
performed by a qualified contractor and all material removed transported off site for disposal.
Snow Removal/Storage
Snow from the proposed parking lot area is to be transported to offsite by the snow removal contractor.
No stockpiling or storage of snow from paved areas of the site is to be performed along Great Pond Road.
Deicing chemicals are not to be utilized on the site. In compliance with the existing deed restrictions,
pesticides, fertilizers and other chemical shall not be used on the site.
Page 3 of 3
KA33540\Reports\051807_Insp and Maint plan.doc
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ATTACHMENT NO. 1
Stormceptor's Owner's Manual
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Storm
Owner' s Manual
April 2000
The Stormceptor®System is protected by
one or more of the following patents:
Canadian Patent No. 2,009,208
Canadian Patent No. 2,137,942
Canadian Patent No. 2,175,277
Canadian Patent No. 2,180,305 j!
Canadian Patent No. 2,206,338
U.S.Patent No.4,985,148
U.S. Patent No. 5,498,331
U.S. Patent No. 5,725,760
U.S. Patent No. 5,753,115
U.S. Patent No. 5,849,181
U.S. Patent No. 6,068,765
Australia 693.164 i!
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Australia 707,133
New Zealand 314,646
European Paten Treaty 95 307 996.9
The Stormceptor System for
Stormwater Quality Improvement
Congratulations!
Your selection of a Stormceptor® System means that you have chosen the most recognized and efficient
stormwater oil/sediment separator available. Stormceptor is a pollution control device that protects our
lakes, rivers and streams from the harmful effects of non-point source pollution. Please address any
questions or concerns regarding the Stormceptor Systems to Stormceptor Canada Inc at 1-800-565-4801
or visit our website at www.stormceptor.com.
E .
What is a Stormceptor?
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Stormceptor is a patented water quality structure that takes the place of a conventional manhole with in a
storm drain system. Storinceptor removes free oil (TPM and suspended solids (TSS) from stormwater j
preventing spills and non-point source pollution from entering downstream lakes and rivers. Key benefits
of a Stormceptor include: (a
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• Capable of removing 50%to 80%of the total sediment load when properly applied as a source control
for small areas Il
• Removes free oil from stormwater during low flow conditions
• Will not scour or re-suspend trapped pollutants '
• Excellent spill control device for commercial and industrial developments
• Easy to maintain(vacuum truck)
• STORMCEPTOR clearly marked on the cover(excluding inlet designs)
• Engineered and continually tested 'E
• Vertical orientation therefore resulting in a smaller footprint
Please Maintain Your Stormceptor
To ensure long-term environmental protection through continual performance, Stormceptor must be
maintained The need for maintenance is determined through inspection of the Stormceptor. Procedures
for inspection are provided in this document. Maintenance of the Stormceptor is performed from the
surface via vacuum truck. . If you require a list of contacts for cleaning your Stormceptor please call one
of our Stormceptor offices or your nearest Stormceptor affiliate(affiliates listed in Appendix 1).
Stormceptor
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How does Stormceptor®Work? '
Stormceptor can be divided into two components:
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• Lower treatment chamber
• Upper by-pass chamber
Stormwater flows into the by-pass chamber via the storm drain pipe. Low flows are diverted into the
treatment chamber by a weir and drop pipe arrangement. The treatment chamber is always full of water.
Water flows up through the outlet pipe based on the head at the inlet weir, and is discharged back into the i
by-pass chamber downstream of the weir. The downstream section of the by-pass chamber is connected
to the outlet storm drainpipe.
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Free oils and other liquids lighter than water will rise in the treatment chamber and become entrapped
beneath the fiberglass insert since the outlet pipe is submerged. Sediment will settle to the bottom of the
chamber by gravity. The circular design of the treatment chamber is critical to prevent turbulent eddy
currents and to promote settling.
During high flow conditions, stormwater in the by-pass chamber will flow overtop of the weir and be
conveyed to the outlet storm drain directly. Water that overflows the weir creates a backwater effect on j
the outlet pipe (head stabilization between the inlet drop pipe and outlet riser pipe) ensuring that excessive
flow will not be forced into the treatment chamber, which could scour or re-suspend the settled material. j
The by-pass is an integral part of Stormceptor since other oil/grit separators have been noted to scour
during high flow conditions(Schueler and Shepp, 1993). I
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Stormceptor Models and Identification
Stormceptor is available in both concrete and fiberglass. There are currently nine different sizes available.
A concrete Stormceptor is denoted by STC (e.g. STC6000) preceding the model number. A fiberglass
Stormceptor is denoted by STA(e.g. STA6000)preceding the model number.
In the concrete Stormceptor, a fiberglass insert separates the treatment chamber from the by-pass
chamber. There is three insert designs: the"spool", the "disc" and the "inlet". The different insert designs
are illustrated in Figures 1, 2 and 3. These designs are easily distinguishable from the surface once the
cover has been removed. In the "spool"design you will see one large 914 mm (36") opening in the center
of the insert with two 200 mm (8") inspection ports located either vertically on the sides of the 914 mm
(36") opening or horizontally on either side of the opening. There are three versions of the in-line disc
insert: "single inlet/outlet", "multiple inlet" and "submerged". In the "disc" design you will be able to see
the inlet pipe,the drop pipe opening to the lower chamber, the weir, a 150 mm (6")oil inspection/cleanout
pipe, a large 610 mm (24") riser pipe-opening offset on the outlet side of the structure,and the outlet pipe
from the unit. The weir will be around the 610 mm(24")outlet pipe on the"multiple inlet"disc insert. The
"submerged" disc insert has a higher weir and a second inlet drop pipe. In the "inlet" design you will be
Stormceptor
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able to see the 305 mm(12")inlet drop pipe and 100 mm(4") outlet riser pipe as well as a central 100mm j
[4'1 oil inspection/cleanout port. li
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Maintenance from the
surface by vacuum
truck. Vacuum hose52
lowered through central
opening in insert
Spool Insert
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Concrete .
Stormceptor
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Figure 1 "Spool" Insert Concrete Stormceptor®
Stormceptor
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Sediment&oil Oil removal can be
removal can be performed by vacuum truck
performed by vacuumthrough the oil inspection/
truck through thecpipe
,�. leanout
large outlet riser pipe
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Disc Insert
1 51
Concrete
Stormceptor
Figure 2 Single Inlet/Outlet"Disc" Insert Concrete Stormceptor®
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Stormceptor
Inlet Grate
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Oil Port
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Inlet Insert
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' Removable Tee
Maintenance k's
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Figure 3 STC 300/450 Inlet Insert
Sizes/Models
Dimensions of the fiberglass and concrete Stormceptor®units are provided in Table 1. Values of invert to
grade are provided later in this document for your site. The total depth for cleaning will be the sum of the
depth from invert to grade and invert to the bottom of the unit.
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Table 1. Stormceptor Dimensions
Model Model Pipe Invert to Bottom of Pipe Invert to Bottom of
s
(Metric) (US) STA Stormceptor STC Stormceptor
r, m(in)
In(in.)
300 450 1.6 (64) 1.7 (68)
750 900 1.6 (64) 1.9 (74)
1000 1200 2.1 (81) 2.2 (86)
1500 1800 2.9 (115) 3.1 (122
)
1` 2000 2400 2.3 (89) 3.1 (122)
3000 3600 3.2 (127) 4.0 (158)
4000 4800 2.9 (113) 3.7 (146)
5000 6000 3.5 (138) 4.3 (170)
6000 7200 3.3 (128) 4.0 (158)
* Depths are approximate
The capacities of the different Stormceptor units are provided in Table 2.
Stormceptor
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Table 2. Stormce tor®Capacities
Model Model Sediment Oil Total Holding
(Metric) (US) Capacity Capacity Capacity
L(US gal) L(US gal) L(US gal)
300 450 1275(335) 325(85) 1775(470)
750 900 2460 (565) 915 (280) 4325 (950)
1000 1200 3260 (845) 915 (280)5 125 (1230)
1500 1800 5660 (1445) 915 (280)7 525 (1830)
2000 2400 6150 (1345) 2945 (880) 10925 (2495)
3000 3600 10415 (2600) 2945 (880) 15195 (3750)
4000 4800 14060 (3475) 3490 (1025) 20180 (5020)
5000 6000 18510 (4550) 3490 (1025) 24635 (6095)
6000 7200 23445 (5425) 4150 (1100) 31210 (7415)
Identification
Even if you do not have plans of your storm drain system you will be able to easily identify where the
inline Stormceptor unit(s) (spool or disc insert) are since the name STORMCEPTOR is clearly embossed
on the cover. You will be able to determine the location of"inlet" Stormceptor units with horizontal catch
basin inlets by looking down the grate since the insert will be visible. The name Stormceptor is not
embossed on the inlet models due to the variability of inlet grates used/approved across North America.
Once you have found the unit, you may still be uncertain which model number it is. Comparing the
measured depth from the water level (bottom of insert)to the bottom of the tank with Table 1 should help
determine the size of the unit.
Starting in 1996, a metal serial number tag has been affixed to the inside of the unit.The serial number has
the model number written on it. If the unit does not have a serial number, or if there is any uncertainty
regarding the size of the interceptor,using depth measurements, please contact Stormceptor at 1 800 565-
4801 and we will help you determine the size of a particular unit.
What is the Maintenance Procedure?
Maintenance of Stormceptor is performed using vacuum trucks. No entry into the unit is required for
maintenance of the spool insert, inlet insert or the smaller disc inserts. Entry to the level of the disc insert
may be required for servicing the larger disc insert models. DO NOT ENTER THE
STORMCEPTOR CHAMBER unless you have the proper equipment, have been trained and are
qualified to enter a confined space, as identified by local Occupational Safety and Health Regulations(e.g.
Canada Occupational Safety and Health Regulations — SOR/86-304). Without the proper equipment and
training, entry into confined spaces can result in serious bodily harm and potentially death Consult local,
provincial, and/or state regulations to determine the requirements for confined space entry. Be aware that
the insert may be slippery. In addition, be aware that some units do not have a safety grate to cover the
outlet riser pipe that leads to the submerged,lower treatment chamber.
Stormceptor
The Vacuum Service Industry is a well-established sector of the service industry that cleans underground
tanks, sewers and catch basins. Costs to clean a Stormceptore will vary based on the size of unit and
transportation distances.
The depth of oil in the interceptor can be determined by inserting a dipstick tube in the 150 mm (6") oil
inspection/cleanout pipe("disc"design), or in the 914 mm(36")central access way("spool"design),or in
the 100 mm(4")cleanout pipe
("inlet"design).
Similarly, the depth of sediment can be measured from the surface without entry into the Stormceptor via
a dipstick tube equipped with a ball valve (Sludge Judge). This tube would be inserted in the central
opening ("spool" design) or in the 610 mm (24") opening("disc" design), or in the 100 mm (4'� cleanout
pipe ("inlet" design). Maintenance should be performed once the sediment depth exceeds the guideline
values provided in Table 3.
For the "spool" design Stormceptor maintenance is performed through the large central 914 mm (36")
diameter opening for both the oil and the sediment. In the "disc" design, oil is removed through the 150
mm (6") oil inspection/cleanout pipe and sediment is removed through the 610 mm (24") diameter outlet
riser pipe. Alternatively, oil could be removed from the 610 mm (24") opening if water is removed from
the lower chamber to lower the oil level to the level of the drop pipes. For the "inlet"design,maintenance
is performed through the 305mm (12") inlet drop pipe for the sediment, and oil can be removed from the
100 mm(4")oil/inspection cleanout pipe.
We recommend the following procedure to clean out the Stormceptor:
1. Check for oil(using a dipstick tube)
2. Remove any oil separately using a small portable pump
3. Decant the water from the unit to the sanitary sewer using a portable pump (prior approval is
required from the sewer authority/municipality)
4. Remove the sludge from the bottom of the unit using a vacuum truck
5. Re-fill the Stormceptor with water where required by the local jurisdiction
How Often Is Maintenance Required?
Generally, annual maintenance is recommended but the required maintenance frequency will vary with the
amount of pollution on your site (number of hydrocarbon spills, amount of sediment, etc.). It is
recommended that the frequency of maintenance be increased or reduced based on local conditions. If the
sediment load is high, maintenance may be required semi-annually.Conversely once the site has stabilized,
maintenance may be required less frequently. Maintenance should be performed immediately after an oil
spill or once the sediment depth in Stormceptor reaches the value specified in Table 3 based on the unit
size.
In the "disc" design and "inlet" design, any potential obstructions at the inlet can be observed from the
surface. The "disc" insert has been designed as a platform to facilitate maintenance of the Stormceptor
and the storm drain system.
Stormceptor
Table 3. Sediment Depths Indicatin Required Maintenance
Model Model Sediment Depth
(Metric) (US) mm(in.)
300 450 200 (8)
750 900 200 (8)
1000 1200 250(10)
1500 1800 375 (15)
2000 2400 300(12)
3000 3600 425 (17)
4000 4800 375 (15)
5000 6000 1 450(18)
6000 7200 375 (15)
What Should I do in the Event of an Oil Spill?
Stormceptor is often implemented in areas where the potential for spills is great. Stormceptor should be
cleaned immediately after a spill occurs by a licensed liquid waste hauler. You should also notify the
appropriate regulatory agencies as required in the event of a spill.
Disposal of the Trapped Material Removed from Stormceptor
The requirements for the disposal of material from Stormceptor are similar to that of any other Best
Management Practices (BMP). Local guidelines should be consulted prior to disposal of the separator
contents.
In most areas the sediment, once dewatered, can be disposed of in a sanitary landfill. It is not anticipated
that the sediment would be classified as hazardous waste. In some areas, mixing the water with the
sediment will create a slurry that can be discharged into a trunk sanitary sewer. In all disposal options,
approval from the dsposal facility operator/agency is required. Petroleum waste products collected in
Stormceptor(oil/chemical/fuel spills)should be removed by a licensed waste management company.
What if I see an oil rainbow or sheen at the Stormceptor outlet?
With a steady influx of water with high concentrations of oil, a sheen may be noticeable at the
Stormceptor outlet. This may occur because a rainbow or sheen can be seen at very small oil
concentrations(< 10 ppm). Stormceptor will remove over 95%of all free oil and the appearance of a
sheen at the outlet with high influent oil concentrations does not mean that the unit is not working to this
level of removal. In addition, if the influent oil is emulsified,the Stormceptor will not be able to remove it.
The Stormceptor is designed for free oil removal and not emulsified or dissolved oil conditions.
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Appendix 1
Stormceptor Affiliates
Stormceptor
Stormceptor® Affiliates
CANADA
FIBERGLASS
Stormceptor Canada Inc.
416-626-0840/ 1-800-565-4801 Todd Neff
CONCRETE
Lafarge Canada Inc.
403-292-9502/ 1-888-422-4022 AB,MB,NW. ON, SK
604-502-5236 Chris Hughes BC
Centennial Concrete Pipe & Products Inc.
519-622-7574/ 1-888-888-3222 Brian Lee ON
Lecuyer et Fils We.
450-454-3928 R6jean Tremblay PQ
Strescon Limited
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902-494-7400 Andrew LeVatte NS
506-633-8877 Gary Bennett NB,PE,NF
Stormceptor
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UNITED STATES
CSR Hydro Conduit
1-800-909-7763 CSR National Stormceptore Information AK,AL,AR,AZ,CA, CT
DC,DE, FL,GA,HI,s.IL,IN,
KS,KY,LA,MA, MD,ME,
MI,MO,MS,NC,NE,NH,
NM,NV,OK,OR,RI, SC,TN,
TX, VA, VT, WA
The Cretez Companies
612-441-2121 Brad Fossum MN,IA,n. IL WI
Camtek Construction Products
724-327-3400 Andy Virostek NY,NJ, OH,PA,WV
Carder Concrete Products
303-791-1600 Don Grzesiek CO
Wyoming Concrete Products
307-265-3100 John Finch ID, MT,ND, SD,UT,WY
Stormceptor
AUSTRALIA
CONCRETE
CSR Humes
617 3364-2933 Colin Roome Australia
CSR Construction Materials
613 9286-2624 Keith Caporn Pacific Rim
Stormceptor
1
DEP FILE # 242 - 1391
APPENDIX A-AFFIDAVIT
I, on oath do hereby depose and state:
(authorized agent of applicant and/ or owner)
(PLEASE CHECK AT LEAST ONE BLOCK)
1) I am the of
(position with applicant) (applicant's name)
the applicant upon whom the Order of Conditions have been
(DEP or NACC File#)
placed upon by the North Andover Conservation Commission (NACC).
and / or
2) I am the of
(position with owner) (owner)
the owner upon whose land Order of Conditions have been
(DEP or NACC File#)
placed upon by the NACC.
♦ I hereby affirm and acknowledge that I have received said Order of Conditions and
have read the same and understand each and every condition, which has been set
forth in said Order of Conditions.
♦ I 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 the Order of Conditions are presently in
compliance.
♦ I hereby affirm and acknowledge that this document will be relied upon by the
NACC, as well as any potential buyers of said property, which is subject to the
Order of Conditions.
Signed under the pain and penalties of perjury this day of 20
(Authorized agent of applicant or owner)
CAWinword\00C\10770s oodSt.doc 14
g NACC 7/2/2007
ILIMassachusetts Department of Environmental Protection
Bureau of Resource Protection - Wetlands DEP File Number:
WPA Form 5 - Order of Conditions 242-1391
Massachusetts Wetlands Protection Act M.G.L. c. 131, §40
E. Issuance
This Order is valid for three years, unless otherwise specified as a special k3k 7
condition pursuant to General Conditions#4, from the date of issuance. 1. Date of issuince
Please indicate the number of members who will sign this form: f
This Order must be signed by a majority of the Conservation Commission. 2.Number of signers
The Order must be mailed by certified mail (return receipt requested) or hand delivered to the applicant. A
copy also must be mailed or hand delivered at the same time to the appropriate Department of
Environmental Protection Regional Office, if not filing electronically, and the property ow , I d'I Brent
from applicant.
Signatures:
Notary Acknowledgement
Commonwealth of Massachusetts County of Essex North
On this 7
c2 00'2
Day of Month Year
Before me, the undersigned Notary Public, Sc o if tl ss
personally appeared Name of Document Signer
proved to me through satisfactory evidence of identification, which was/were
Massachusetts License
Description of evidence of identification
to be the person whose name is signed on the preceding or attached document, and acknowledged to
me that he/she signed it voluntarily for its stated purpose.
As member of North Andover Conservation Commission
City/Town
DONNA M.WEDGE e
NOTARY PUBLIC
nF �ssr,ct°sETTs ignature of Notary Public
)91' ooh M
Printed Name of Notry Public
Place notary seal and/or any stamp above , ry
My Commission Efxpires(Date)
TThiss Order is issued to the applicant as follows:
L� by hand deliv ry on ❑ by certified mail, return receipt requested, on
7/3
Date Date
wpaform5.doc• rev.3/1/05
Page 7 of 9
f �
ILIMassachusetts Department of Environmental Protection
Bureau of Resource Protection - Wetlands DEP File Number:
WPA Form 5 - Order of Conditions 242-1391
Massachusetts Wetlands Protection Act M.G.L. c. 131, §40
F. Appeals
The applicant, the owner, any person aggrieved by this Order, any owner of land abutting the land subject
to this Order, or any ten residents of the city or town in which such land is located, are hereby notified of
their right to request the appropriate 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 Request of Departmental Action Fee Transmittal Form, as provided in 310 CMR
10.03(7) within ten business days from the date of issuance of this Order. A copy of the request shall at
the same time be sent by certified mail or hand delivery to the Conservation Commission and to the
applicant, if he/she is not the appellant. Any appellants seeking to appeal the Department's Superseding
Order associated with this appeal will be required to demonstrate prior participation in the review of this project.
Previous participation in the permit proceeding means the submission of written information to the
Conservation Commission prior to the close of the public hearing, requesting a Superseding Order or
Determination, or providing written information to the Department prior to issuance of a Superseding Order
or Determination.
The request shall state clearly and concisely the objections to the Order which is being appealed and how
the Order does not contribute to the protection of the interests identified in the Massachusetts Wetlands
Protection Act, (M.G.L. c. 131, §40) and is inconsistent with the wetlands regulations (310 CMR 10.00).
To the extent that the Order is based on a municipal ordinance or bylaw, and not on the Massachusetts
Wetlands Protection Act or regulations, the Department has no appellate jurisdiction.
Section G, Recording Information is available on the following page.
wpaform5.doe• rev.3/1/05 Page 8 of 9
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Massachusetts Department of Environmental Protection L71
Bureau of Resource Protection - Wetlands DEP File Number:
WPA Form 5 - Order of Conditions 242-1391
Massachusetts Wetlands Protection Act M.G.L. c. 131, §40
G. Recording Information
This Order of Conditions must be recorded in the Registry of Deeds or the Land Court for the district in
which the land is located, within the chain of title of the affected property. In the case of recorded land, the
Final Order shall also be noted in the Registry's Grantor Index under the name of the owner of the land
subject to the Order. In the case of registered land, this Order shall also be noted on the Land Court
Certificate of Title of the owner of the land subject to the Order of Conditions. The recording information
on Page 7 of this form shall be submitted to the Conservation Commission listed below.
North Andover
Conservation Commission
Detach on dotted line, have stamped by the Registry of Deeds and submit to the Conservation Commission.
---------------------------------------------------------------------------------------------------------------------------
To:
North Andover
Conservation Commission
Please be advised that the Order of Conditions for the Project at:
242-1391
Project Location DEP File Number
Has been recorded at the Registry of Deeds of:
County Book Page
for:
Property Owner
and has been noted in the chain of title of the affected property in:
Book Page
In accordance with the Order of Conditions issued on:
Date
If recorded land, the instrument number identifying this transaction is:
Instrument Number
If registered land, the document number identifying this transaction is:
Document Number
Signature of Applicant
wpaform5.doc• rev.3/1/05
Page 9 of 9
Y
Massachusetts Department of Environmental Protection -
Bureau of Resource Protection - Wetlands DEP File Number:
WPA Form 5 - Order of Conditions 242-1391
Massachusetts Wetlands Protection Act M.G.L. c. 131, §40
A. General Information
Important: North Andover
When filling From: 1.Conservation Commission
out forms on
the computer, 2. This issuance is for(check one): ® Order of Conditions ❑ Amended Order of Conditions
use only the
tab key to 3. To: Applicant:
move your
cursor-do not Kenneth Yameen Angus Realty Corporation
use the return a. First Name b.Last Name c.Company
key. 1077 Osgood Street
d.Mailing Address
North Andover MA. 01845
e.City/Town f.State g.Zip Code
4. Property Owner(if different from applicant):
a. First Name b.Last Name c.Company
d.Mailing Address
e.City/Town f. State g.Zip Code
5. Project Location:
1077 Osgood Street North Andover
a. Street Address b.City/Town
Map 35 Parcel 27
c.Assessors Map/Plat Number d. Parcel/Lot Number
Latitude and Longitude, if known (note: 42-42'-52" 71-06'-52"
electronic filers will click for GIS locator): e. Latitude f. Longitude
6. Property recorded at the Registry of Deeds for(attach additional information if more than one parcel):
Essex North
a.County b.Certificate(if registered land)
912 443
c. Book d. Page
3/22/07 13
7. Dates: a. Date Notice of Intent Filed b. Date Puthic Hearing Closed 4Dat
s. Final Approved Plans and Other Documents (attach additional plan or document references as
needed):
Existing Conditions Plan
a. Plan Title
Lynnfield Engineering, Inc. Richard Barthelmes, P. E.
b. Prepared By c. Signed and Stamped by
�yeC 7 V =40'
d. F nal R vision Date tt e. Scale
S� Geri
f.Additional Plan or Document Title g. Date
9. Total WPA Fee Paid: $1,000.00 $237.50 $762.50
a.Total Fee Paid b.State Fee Paid c.City/Town Fee Paid
wpaform5.doc• rev.3/1/05 Page 1 of 9
Massachusetts Department of Environmental Protection
Bureau of Resource Protection - Wetlands DEP File Number:
WPA Form 5 - Order of Conditions 242-1391
Massachusetts Wetlands Protection Act M.G.L. c. 131, §40
B. Findings
i. Findings pursuant to the Massachusetts Wetlands Protection Act:
Following the review of the above-referenced Notice of Intent and based on the information provided
in this application and presented at the public hearing, this Commission finds that the areas in which
work is proposed is significant to the following interests of the Wetlands Protection Act. Check all that
apply:
a. ® Public Water Supply b. ❑ Land Containing Shellfish c. ® Prevention of Pollution
d. ® Private Water Supply e. ❑ Fisheries f. ® Protection of Wildlife
Habitat
g. ® Groundwater Supply h. ® Storm Damage Prevention i. ® Flood Control
2. This Commission hereby finds the project, as proposed, is: (check one of the following boxes)
Approved subject to:
® the following conditions which are necessary in accordance with the performance standards set forth
in the wetlands regulations. This Commission orders that all work shall be performed in accordance
with the Notice of Intent referenced above, the following General Conditions, and any other special
conditions attached to this Order. To the extent that the following conditions modify or differ from the
plans, specifications, or other proposals submitted with the Notice of Intent, these conditions shall
control.
Denied because:
❑ the proposed work cannot be conditioned to meet the performance standards set forth in the wetland
regulations. Therefore, work on this project may not go forward unless and until a new Notice of Intent is
submitted which provides measures which are adequate to protect these interests, and a final Order of
Conditions is issued. A description of the performance standards which the proposed work cannot
meet is attached to this Order.
❑ the information submitted by the applicant is not sufficient to describe the site, the work, or the effect
of the work on the interests identified in the Wetlands Protection Act. Therefore, work on this project may
not go forward unless and until a revised Notice of Intent is submitted which provides sufficient information
and includes measures which are adequate to protect the Act's interests, and a final Order of Conditions
is issued. A description of the specific information which is lacking and why it is necessary is
attached to this Order as per 310 CMR 10.05(6)(c).
Inland Resource Area Impacts: Check all that apply below. (For Approvals Only)
❑ Buffer Zone Impacts: Shortest distance between limit of project disturbance and
wetland boundary(if available) linear feet
Resource Area Proposed Permitted Proposed Permitted
Alteration Alteration Replacement Replacement
3. ❑ Bank a. linear feet b.linear feet c. linear feet d.linear feet
4. ❑ Bordering Vegetated
Wetland a.square feet b.square feet c.square feet d.square feet
5. ❑ Land Under a.square feet b.square feet c.square feet d.square feet
Waterbodies and
Waterways
e.cu.yd dredged f.cu.yd dredged
wpafonn5.doc• rev.3/1/05 Page 2 of 9
Massachusetts Department of Environmental Protection
Bureau of Resource Protection - Wetlands DEP File Number:
WPA Form 5 - Order of Conditions 242-1391
Massachusetts Wetlands Protection Act M.G.L. c. 131, §40
B. Findings (cont.)
Resource Area Proposed Permitted Proposed Permitted
Alteration Alteration Replacement Replacement
6. El Bordering Land
Subject to Flooding a.square feet b. square feet C.square feet d.square feet
Cubic Feet Flood
Storage e.cubic feet f.cubic feet g.cubic feet h. cubic feet
7. ❑ Isolated Land Subject
to Flooding a.square feet b.square feet
Cubic Feet Flood
Storage c.cubic feet d. cubic feet e. cubic feet f.cubic feet
s. ❑ Riverfront area
a.total sq.feet b.total sq.feet
Sq ft within 100 ft c.square feet d.square feet e.square feet f.square feet
Sq ft between 100-200 ft e.square feet f.square feet e.square feet f.square feet
Coastal Resource Area Impacts: Check all that apply below. (For Approvals Only)
9. ❑ Designated Port Indicate size under Land Under the Ocean, below
Areas
10. ❑ Land Under the
Ocean a.square feet b.square feet
c.cu.yd dredged d.cu.yd dredged
11. ❑ Barrier Beaches Indicate size under Coastal Beaches and/or Coastal Dunes below
12. ❑ Coastal Beaches a.square feet b. square feet c.c/y nourishmt. d. cty nourishmt.
13. ❑ Coastal Dunes a.square feet b.square feet c.c/y nourishmt. d.c/y nourishmt
14. ❑ Coastal Banks a.linear feet b. linear feet
15. ❑ Rocky Intertidal
Shores a.square feet b.square feet
16. ❑ Salt Marshes a.square feet b. square feet c.square feet d.square feet
17. ❑ Land Under Salt
Ponds a.square feet b.square feet
c.cu.yd dredged d.cu.yd dredged
18. ❑ Land Containing
Shellfish a.square feet b.square feet c.square feet d. square feet
19. ❑ Fish Runs Indicate size under Coastal Banks, inland Bank, Land Under the
Ocean, and/or inland Land Under Waterbodies and Waterways,
above
a.cu.yd dredged b.cu.yd dredged
20. ❑ Land Subject to
Coastal Storm Flowage a.square feet b.square feet
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Page 3 of 9
Massachusetts Department of Environmental Protection
Bureau of Resource Protection - Wetlands DEP File Number:
WPA Form 5 - Order of Conditions 242-1391
Massachusetts Wetlands Protection Act M.G.L. c. 131, §40
C. General Conditions Under Massachusetts Wetlands Protection Act
(only applicable to approved projects)
1. Failure to comply with all conditions stated herein, and with all related statutes and other regulatory
measures, shall be deemed cause to revoke or modify this Order.
2. The Order does not grant any property rights or any exclusive privileges; it does not authorize any
injury to private property or invasion of private rights.
3. This Order does not relieve the permittee or any other person of the necessity of complying with all
other applicable federal, state, or local statutes, ordinances, bylaws, or regulations.
4. The work authorized hereunder shall be completed within three years from the date of this Order
unless either of the following apply:
a. the work is a maintenance dredging project as provided for in the Act; or
b. the time for completion has been extended to a specified date more than three years, but less
than five years, from the date of issuance. If this Order is intended to be valid for more than three
years, the extension date and the special circumstances warranting the extended time period are
set forth as a special condition in this Order.
5. This Order may be extended by the issuing authority for one or more periods of up to three years each
upon application to the issuing authority at least 30 days prior to the expiration date of the Order.
6. Any fill used in connection with this project shall be clean fill. Any fill shall contain no trash, refuse,
rubbish, or debris, including but not limited to lumber, bricks, plaster, wire, lath, paper, cardboard,
pipe, tires, ashes, refrigerators, motor vehicles, or parts of any of the foregoing.
7. This Order is not final until all administrative appeal periods from this Order have elapsed, or if such
an appeal has been taken, until all proceedings before the Department have been completed.
8. No work shall be undertaken until the Order has become final and then has been recorded in the
Registry of Deeds or the Land Court for the district in which the land is located, within the chain of title
of the affected property. In the case of recorded land, the Final Order shall also be noted in the
Registry's Grantor Index under the name of the owner of the land upon which the proposed work is to
be done. In the case of the registered land, the Final Order shall also be noted on the Land Court
Certificate of Title of the owner of the land upon which the proposed work is done. The recording
information shall be submitted to this Conservation Commission on the form at the end of this Order,
which form must be stamped by the Registry of Deeds, prior to the commencement of work.
9. A sign shall be displayed at the site not less then two square feet or more than three square feet in
size bearing the words,
"Massachusetts Department of Environmental Protection" [or, "MA DEP"]
"File Number 242-1391 "
wpaform5.doc• rev.3/1/05 Page 4 of 9
Massachusetts Department of Environmental Protection
L7 Bureau of Resource Protection - Wetlands DEP File Number:
WPA Form 5 - Order of Conditions 242-1391
Massachusetts Wetlands Protection Act M.G.L. c. 131, §40
C. General Conditions Under Massachusetts Wetlands Protection Act
10. Where the Department of Environmental Protection is requested to issue a Superseding Order, the
Conservation Commission shall be a party to all agency proceedings and hearings before DEP.
11. Upon completion of the work described herein, the applicant shall submit a Request for Certificate of
Compliance (WPA Form 8A)to the Conservation Commission.
12. The work shall conform to the plans and special conditions referenced in this order.
13. Any change to the plans identified in Condition#12 above shall require the applicant to inquire of the
Conservation Commission in writing whether the change is significant enough to require the filing of a
new Notice of Intent.
14. The Agent or members of the Conservation Commission and the Department of Environmental
Protection shall have the right to enter and inspect the area subject to this Order at reasonable hours
to evaluate compliance with the conditions stated in this Order, and may require the submittal of any
data deemed necessary by the Conservation Commission or Department for that evaluation.
15. This Order of Conditions shall apply to any successor in interest or successor in control of the
property subject to this Order and to any contractor or other person performing work conditioned by
this Order.
16. Prior to the start of work, and if the project involves work adjacent to a Bordering Vegetated Wetland,
the boundary of the wetland in the vicinity of the proposed work area shall be marked by wooden
stakes or flagging. Once in place, the wetland boundary markers shall be maintained until a Certificate
of Compliance has been issued by the Conservation Commission.
17. All sedimentation barriers shall be maintained in good repair until all disturbed areas have been fully
stabilized with vegetation or other means. At no time shall sediments be deposited in a wetland or
water body. During construction, the applicant or his/her designee shall inspect the erosion controls
on a daily basis and shall remove accumulated sediments as needed. The applicant shall immediately
control any erosion problems that occur at the site and shall also immediately notify the Conservation
Commission, which reserves the right to require additional erosion and/or damage prevention controls
it may deem necessary. Sedimentation barriers shall serve as the limit of work unless another limit of
work line has been approved by this Order.
18. All work associated with this Order is required to comply with the Massachusetts Stormwater Policy
Standards.
Special Conditions:
If you need more See attached
space for
additional
conditions,
select box to
attach a text
document
wpaform5,doc• rev.3/1/05 Page 5 of 9
i
Massachusetts Department of Environmental Protection
Bureau of Resource Protection - Wetlands DEP File Number:
WPA Form 5 - Order of Conditions 242-1391
Massachusetts Wetlands Protection Act M.G.L. c. 131, §40
D. Findings Under Municipal Wetlands Bylaw or Ordinance
1. Is a municipal wetlands bylaw or ordinance applicable? ® Yes ❑ No
2. The North Andover hereby finds (check one that applies):
Conservation Commission
3. ❑ that the proposed work cannot be conditioned to meet the standards set forth in a municipal
ordinance or bylaw specifically:
a,Municipal Ordinance or Bylaw b.Citation
Therefore, work on this project may not go forward unless and until a revised Notice of Intent is
submitted which provides measures which are adequate to meet these standards, and a final Order of
Conditions is issued.
4. ® that the following additional conditions are necessary to comply with a municipal ordinance or
bylaw:
North Andover Wetland Protection Bylaw Chapter 178
a.Municipal Ordinance or Bylaw b.Citation
The Commission orders that all work shall be performed in accordance with the following conditions
and with the Notice of Intent referenced above. To the extent that the following conditions modify or
differ from the plans, specifications, or other proposals submitted with the Notice of Intent, the
conditions shall control.
If you need more c. The special conditions relating to municipal ordinance or law are as follows:
space for p 9 p Y
additional See attached
conditions,
select box to
attach a text
document
wpaform5,doc• rev.3/1/05 Page 6 of 9
DEP FILE # 242 - 1391
Therefore, the North Andover Conservation Commission (hereafter the "NACU) hereby
finds that the following conditions are necessary,in accordance with the Performance
Standards set forth in the State Regulations, the local Bylaw and Regulations, to protect those
interests noted above. The NACC orders that all work shall be performed in accordance with
said conditions and with the Notice of Intent referenced below. To the extent that the
following conditions modify or differ from the plans, specifications or other proposals
submitted with the Notice of Intent, the conditions shall control.
i
GENERAL CONDITIONS
Mi
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.
24. Where the Department of Environmental Protection (DEP) is requested to make a
determination and to issue a Superseding Order, the Conservation Commission shall be a
party to all agency proceedings and hearings before the Department.
C:\Winword\OOC\10770sgoodSt.doc 1 NACC 7/2/2007
DEP FILE # 242 - 1391
25. This Order of Conditions is issued under File No. 242-1391.
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: the expansion of an existing parking lot, stormwater
management structures and associated grading activities within the buffer zone to a
Bordering Vegetated Wetland (BVW) associated with Lake Cochichewick (across Great
Pond Road). The proposed work also includes the construction of a small access ramp
within an existing paved area within the buffer zone to an additional Bordering
Vegetated Wetland (BVW) to the rear of the existing building. The site is located
within the Watershed Protection District.
As a commercial project with a net increase in impervious area, The NACC finds that
the project is subject to the requirements of the Stormwater Management and Flood
Storage standards of the North Andover Wetlands Protection Bylaw (section 7) and the
Stormwater Management Policy. Upon a comprehensive drainage review and with the
exception of Standard 3 (Recharge),the project as proposed meets the requirements of
the nine stormwater management standards. The recharge standard could not be met
due to the project being within an area that prohibits the infiltration of runoff from
paved areas (local Watershed Protection District). Acknowledging this,the NACC is
satisfied and accepts the project as proposed.
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: Angus Realty Corporation (Applicant)
C/o Kenneth Yameen
1077 Osgood Street
North Andover, MA 01845
Dated March 22,2007
Prepared by: Lynnfield Engineering, Inc. (Representative)
199 Newbury Street, Suite 115
Danvers, MA 01923
Site Plans prepared by: Lynnfield Engineering, Inc. (Representative)
199 Newbury Street, Suite 115
Danvers, MA 01923
CAWinword\00C\10770sgoodSt.doc 2 NACC 7/2/2007
DEP FILE # 242 - 1391
Dated April 2007,revised through 5/24/07. Consisting of
sheets C-1 through C-6 and E-1 &E-2. Stamped & Signed
by Richard Barthelmes, P.E. (no title on Cover sheet)
Other Record Plans &
Documents: Stormwater Analysis and Calculations dated February 9,
2007,revised May 18,2007;
Stormceptor Design Summary/Specifications/Standards
(no date);
Operation and Maintenance Plan dated February 9,2007,
revised May 24,2007;
Drainage Review Letter prepared by Eggleston
Environmental dated May 4, 2007,
Drainage Review Response Letter prepared by Lynnfield
Engineering, Inc. dated May 8, 2007;
Drainage Review E-mail prepared by Eggleston
Environmental dated May 15,2007;
Drainage Review Response Letter prepared by Lynnfield
Engineering, Inc. dated May 25, 2007;
Drainage Review Letter prepared by Eggleston
Environmental dated June 5, 2007;
Letter prepared by Lynnfield Engineering, Inc. dated
April 10,2007 and attached plans entitled Proposed
Ramp;
Aerial Photo of existing site conditions (no date).
30. The following wetland resource areas are affected by the proposed work: Buffer Zone to
Bordering Vegetated Wetlands (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 and as depicted on the approved plans 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
analteration of wetland resource areas a twenty five foot 25' No-Disturbance Zone
Y tY ( ) e
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DEP FILE # 242 - 1391
and a fifty foot (50') No-Construction Zone shall be established from the edge of the
adjacent wetland resource area except in those already disturbed locations as depicted
on the approved plan referenced herein. 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).
33. This document shall be included in all construction contracts, subcontracts, and
specifications dealing with the work proposed and shall supersede any conflicting
contract requirements. The applicant shall assure that all contractors, subcontractors, and
other personnel performing the permitting work are fully aware of the permits terms and
conditions. Thereafter, the contractor will be held jointly liable for any violation of this
Order resulting from failure to comply with its conditions.
34. The owners of the project and their successors in title, in the event they proceed to alter
areas subject to the Commissions 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. Maintenance of the drainage system, if accepted by the Town as
part of a public way, becomes the responsibility of the Town.
35. Issuance of these Conditions does not in any way imply or certify that the site or
downstream areas will not be subject to flooding, storm damage or any other form of
water damage.
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 Department
or Court have been completed.
37. This Order shall be recorded by the applicant at the Registry of Deeds immediately after
the expiration of all appeal periods. No work shall be undertaken until the Final Order
has been recorded in the Registry of Deeds or the Land Court for the district in which the
land is located, within the chain of title of the affected property. In the case of recorded
land, the Final Order shall also be noted in the Registry's Grantor Index under the name
of the owner of the land upon which the proposed work is to be done. In the case of
registered land, the Final Order shall also be noted on the Land Court Certificate of Title
of the owner of the land upon which the proposed work is to be done. The recording
information shall be submitted to the North Andover Conservation Commission on the
form at the end of this Order prior to commencement of the work. Any Order not
C:\Winword\OOC\10770sgoodSt.doc 4 NACC 7/2/2007
DEP FILE # 242 - 1391
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 242-1391."
39. Any changes in the submitted plans caused by the applicant, another Board's decision
or resulting from this Order of Conditions must be submitted to the NACC for
approval prior to implementation. If the NACC finds said changes to be significant, the
NACC will call for another public hearing (at the expense of the applicant). Within 21
days of the close of said public hearing the NACC will issue an amended or new Order of
Conditions. Any errors found in the plans or information submitted by the applicant shall
be considered as changes. The proposed project may be still under review by other local
or state boards or agencies. This may result in changes to the project plans or wetland
impacts. If any such changes occur a revised plan and an explanation of the revisions shall
be submitted to the NACC for review and approval prior to the start of construction. No
work shall begin on a project until written approval has been granted by the NACC.
40. It is the responsibility of the applicant, owner, and/or successor(s) to ensure that all
conditions of this Order of Conditions are complied with. The project engineer and
contractors are to be provided with a copy of this Order of Conditions and referenced
documents before commencement of construction.
41. 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.
42. Prior to the commencement of any work, the applicant shall permanently mark the edge
of disturbance (treelin%dge of existing pavement to rear) with seven (7) 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.
43. Wetland flagging shall be checked prior to start of construction and shall be re-
established where missing. All wetland flagging shall remain visible and enumerated
per the approved plan(s) throughout the life of the project and until a Certificate of
Compliance is issued so that erosion control measures can be properly placed and
wetland impacts can be monitored. The proposed limit of work shall be shall be clearly
marked with stakes or flags and shall be confirmed by the NACC. Such markers shall be
checked and replaced as necessary and shall be maintained until all construction is
complete. Workers should be informed that no use of machinery, storage of machinery or
materials, stockpiling of soil, or construction activity is to occur beyond this line at any
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DEP FILE # 242 - 1391
time. All flags used for the above purposes shall be of a color different from other
flagging used on the site.
44. A row of staked hay bales backed by trenched siltation fence shall be placed between all
construction areas and wetlands. The erosion control barrier will be properly installed
and placed as shown on the plans approved and referenced herein and shall be inspected
and approved by the NACC prior to the start of construction and shall remain intact until
all disturbed areas have been permanently stabilized to prevent erosion. All erosion
prevention and sedimentation protection measures found necessary during construction
shall be implemented at the direction of the NACC. The NACC reserves the right to
impose additional conditions on portions of this project to mitigate any impacts which
could result from site erosion, or any noticeable degradation of surface water quality
discharging from the site. For example, installation of erosion control measures may be
required in areas not shown on the plan(s) referenced in this Order of Conditions. Should
such installation be required by the NACC, they shall be installed within 48 hours of the
Commission's request.
45. The applicant shall have on hand at the start of any soil disturbance, removal or .
stockpiling, a minimum of 30 hay bales and sufficient stakes for staking these bales (or an
equivalent amount of silt fence). Said bales shall be used only for the control of
emergency erosion problems and shall not be used for the normal control of erosion. All
additional emergency erosion controls shall be on site prior to the commencement of
any work on site and will be verified by the Conservation Department during the pre-
construction meeting.
46. A check payable to the Town of North Andover shall be provided in the amount of
$10,000,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.
47. The applicant shall designate a Qualified 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. Proof of the retained monitor must be submitted to the Conservation
Department on letterhead by the retained consulting firm for subsequent review and
approval by the NACC or agent thereof. This person shall be given the authority to
stop construction for erosion control purposes. The erosion control monitor will be
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DEP FILE # 242 - 1391
required to inspect all such devices and oversee cleaning and the proper disposal of waste
products. Cleaning shall include removal of any entrapped silt.
48. ON EVERY MONDAY of each week, or otherwise arranged by the NACC, in which
construction activities occurs on-site and for as long thereafter as ground remains
unstable, it is the applicant's responsibility to ensure that the Environmental/Erosion
Control Monitor (EMC) monitor the site and submit written reports to the NACC. The
EMC shall certify 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 EMC 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. Monitoring reports shall include current condition of
erosion and sedimentation controls; describe any erosion or sedimentation repair and/
or replacement; and describe any erosion or sedimentation problems and mitigation
measures implemented. Such reports shall continue until the applicant requests a less
frequent reporting schedule or an end to reports. This request must be submitted in
writing and is subject to approval by the Conservation Administrator.
49. The applicant and/or the legal owner of that portion of land upon which these Orders of
Conditions have been placed shall provide to the NACC prior to transferring, or
assigning any portion of said land to another party, subject to said Orders of
Conditions,the "Compliance Certification Form Affidavit" attached via "Appendix A"
signed under the pains and.penalties of perjury, stating that said applicant and/or
owner has read these Orders of Conditions and is in compliance with each and every
condition. This document shall apply to each of the conditions referenced herein and
shall be provided to the Conservation Department at least five (5) business days after to
the closing of said land transaction.
50. Once these above mentioned pre-construction requirements are complete,the applicant
shall contact the Conservation Office prior to site preparation or construction and shall
arrange an on-site conference with an NACC representative,the contractor,the
engineer,wetland scientist and the applicant to ensure that all of the Conditions of this
Order are understood. This Order shall be included in all construction contracts,
subcontracts, and specifications dealing with the work proposed and shall supersede any
conflicting contract requirements. The applicant shall assure that all contractors,
subcontractors and other personnel performing the permitted work are fully aware of the
permit's terms and conditions. Thereafter, the contractor will be held jointly liable for any
violation of this Order of Conditions resulting from failure to comply with its conditions.
The applicant or contractor shall notify the NACC in writing of the identity of the on-site
construction supervisor hired to coordinate construction and to ensure compliance with
this Order. A reasonable period of time shall be provided as notice for each pre-
construction meeting (e.g. 72 hours).
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DEP FILE #242 - 1391
11STORMWATER MANAGEMENT CONDITIONS
51. All construction and post-construction stormwater management systems shall be
conducted in accordance with the approved construction sequence, supporting
documents and plans submitted with the Notice of Intent, the Department of
Environmental Protection Stormwater Management Policy,and the approved
Operation and Maintenance Plan attached herein.
52. Evidence of maintenance of the stormwater management system shall be provided to
the NACC on an annual basis by a Registered Professional Civil Engineer. The first report
shall be submitted to the NACC one year after the first stormwater structure goes on-line
and annual reports must continue to be submitted until a Certificate of Compliance is
issued. Compliance with the designed stormwater management system and associated
stormwater management conditions shall be satisfied prior to the issuance of a Certificate
of Compliance.
53. All drainage structures shall be properly installed and functional. During construction,
all drainage structures shall be maintained, as outlined in the approved Operation and
Maintenance Plan attached herein.
54. Construction of the stormwater structures shall be constructed and functioning as part of
the initial project phase, immediately following clearing and rough grading of the site to
serve as siltation control during construction. Runoff from the site shall be directed towards
these basins.
55. Temporary and/or permanent basins being used for sedimentation and dewatering
during construction shall be cleaned of sediment when levels exceed six (6) inches. The
basins shall be cleaned of sediment prior to final grading and construction of permanent
stormwater basins.
56. There shall be no increase in the post development discharges from the storm drainage
system or any other changes in post development conditions that alter the post development
watershed boundaries as currently depicted in the Notice of Intent and approved by this
Order of Conditions, unless specifically approved in writing by the Commission.
57. Water quality down gradient of BVW's shall not differ significantly following completion
of the project from the pre-development conditions. There shall be no sedimentation into
wetlands or water bodies from discharge pipes or surface runoff leaving the site.
58. Prior to the issuance of the Certificate of Compliance,the applicant shall be
responsible for cleaning all stormwater structures,in accordance with the approved
Operation &Maintenance Procedures Plan attached herein and the associated stormwater
management conditions referenced herein.
C:\Winword\OOC\10770sgoodSt.doc 8 NACC 7/2/2007
DEP FILE # 242 - 1391
59. 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
60. Accepted engineering and Best Management Practices (BMPs) for construction standards
shall be followed in the conduct of all work.
61. A crushed stone construction entrance shall be designated at the entrance drive to
minimize soil/material tracking in accordance with the approved standards and
specifications. The construction entrance shall be maintained and reinforced as necessary.
62. Erosion control devices shall be inspected regularly; any entrapped silt shall be removed
to an area outside of the buffer zone and wetland resource areas; silt fence and hay bales
shall be replaced as necessary. The areas of construction shall remain in stable condition at
the close of each construction day. All erosion controls shall be in place throughout the
duration of any construction on site or unless authorized by the Conservation personnel.
63. Upon beginning work, the applicant shall submit written progress reports every week
detailing what work has been done in or near resource areas, and what work is anticipated to
be done over the next period. This will update the construction sequence.
64. Any plants,trees or shrubs that have been incorporated into the Landscape Plan
approved and referenced herein that exhibit die back shall be replaced by the applicant or
prospective owner in perpetuity of this Order.
65. 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.
66. The sewer lines on the site, where they cross wetland resource areas, shall be tested for
water tightness in accordance with North Andover DPW standards.
67. Silt sacs/filter fabric or other siltation/sedimentation protection methods shall be
installed at any catch basin/storm drain within 50 feet of the work.
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DEP FILE #242 - 1391
68. The Erosion Control Monitor shall be on site during and/or following a major storm
event of 1 inch of rain or greater to ensure that soils remain stable, erosion controls are
adequate and secure,and that all BMP's are adequately functioning.
69.Approved de-watering activities anticipated shall be supervised and witnessed by the
designated erosion control monitor. This designee must be on-site at all times while
dewatering is occurring_ 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,which provides for the pumped water to be contained in a
settling basin,to reduce turbidity prior to discharge into a resource area.
70. Associated pavement and roadways shall be swept at least once per week or as directed
by the Erosion Control monitor,the Site Supervisor,Project Manager, or the Conservation
staff for as long as the site remains exposed and unstabilized.
71. 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.
72. 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 1st 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.
73. 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.
74. Equipment shall not be staged overnight within 50-feet of a wetland resource area.
75. There shall be no stockpiling of soil or other materials within twenty-five (25) feet of any
resource area.
76. Washings from concrete trucks, or surplus concrete, shall not be directed to, any drainage
system, or wetland resource area.
77. 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
CAWinword\00C\10770sgoodSt.doc 10 NACC 7/2/2007
DEP FILE # 242 - 1391
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.
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.
AFTER CONSTRUCTION
79. 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.
80. Fertilizers utilized for landscaping and lawn care shall be slow release, low-nitrogen types
(< 5%), and shall not be used within 25 feet of a resource area. Pesticides and herbicides shall
not be used within 100 feet of a wetland resource area. This condition shall survive this Order
of Conditions and shall run with the title of the property. This condition is issued under the
authority of the Towns Wetland Protection Bylaw and shall remain in perpetuity.
`81. There shall be no dumping of leaves, grass clippings,brush,trash or other debris into
the wetland resource area or within 25' of the wetland resource area. This condition shall
survive the expiration of this Order and shall be included as a continuing condition in
perpetuity.
82.The approved Operation &Maintenance Plan is fully binding upon the applicant
and/or owners, successors, agents, associations,heirs and assigns and must be adhered to
in perpetuity.
83. Prior to the issuance of a Certificate of Compliance,the applicant shall submit an
Affidavit from the assignee (s) acknowledging the Operation & Maintenance
responsibilities of the stormwater management systems in accordance with the approved
Operation & Maintenance Plan and other perpetual conditions mandated in this Order.
84. No road salt, sodium chloride, or other de-icing chemicals shall be used on paved
surfaces within the entire site (protected watershed area), and any arrangement for snow
removal shall so stipulate due to the importance of the site and wetlands. Further, snow
stockpiling is prohibited within 50 feet of any/all wetland resource areas on the site.
Permanent signs designating "No-Salt Zone" and "No-Snow Stockpiling Zones" shall be
displayed in prominent locations. The location and placement of these signs are subject to
C:\Winword\OOC\10770sgoodSt.doc 11 NACC 7/2/2007
DEP FILE #242 - 1391
review and subsequent approval by the NACC or Agent thereof. Signs are available for
purchase at the Conservation Department.
85. 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.
86. 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.
87. Upon completion of the project the applicant shall submit the following to the
Conservation Commission as part of a request for a Certificate of Compliance:
a. WPA Form 8A - "Request for a Certificate of Compliance."
b. A letter from the applicant requesting a Certificate of Compliance.
c. The name and address of the current landowner.
d. Signed statements from the individual property owners shall be submitted with
the request for a Certificate of Compliance indicating that they read and
understood the recorded Order of Conditions prior to purchasing their property.
e. The name and address of the individual/trust or corporation to whom the
compliance is to be granted.
f. The street address and assessor's map/parcel number for the project.
g. The DEP file number.
h. A written statement from a Registered Professional Civil Engineer (and/or
Registered Professional Land Surveyor) of the Commonwealth certifying that the
work has been conducted as shown on the plan(s) and documents referenced
above, and as conditioned by the Commission.
i. An"As-Built" plan prepared and signed and stamped by a Registered Professional
Civil Engineer (and/or Registered Professional Land Surveyor) of the
Commonwealth, for the public record. This plan will include:
➢ "As-Built" post-development elevations of all drainage &stormwater
management structures constructed within 100 feet of any wetland resource
area. NOTE: If portions of the stormwater systems exist partially within the
Buffer Zone than the entire structure must be depicted to accurately verify
compliance.
➢ "As-Built" post-development elevations and grades of all filled or altered
wetland resource areas including the encompassing buffer zone, which is
regulated as a resource area under the local Wetland Protection Bylaw.
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➢ 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 as disturbance of soils or vegetation.
➢ Location of all subsurface utilities entering the property.
88. The following special conditions shall survive the issuance of a Certificate of Compliance
(COC) for this project:
➢ 25' No-Disturbance Zone and a 50' No-Construction Zone shall be established
from the edge of adjacent wetland resource areas except in those locations
approved under this filing. Future work within 100' of existing wetland
resource areas will require a separate filing with the NACC. The Conservation
Administrator and/or other agents of the NACC do not have the authority to
waive these setbacks as established under the local Bylaw (Condition#32);
➢ Discharge or spillage of pollutants (Condition # 78);
➢ Maintenance of catch basins (Condition #65);
➢ Maintenance of 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 (Condition#59);
➢ Prohibition of underground fuels (Condition #79);
➢ Limitations on the use of fertilizers, herbicides, road salts, de-icing compounds
and pesticides (Conditions #80 & #84);
➢ Prohibition of dumping of leaves, grass clippings,brush, trash, or other debris
(Condition#81);
➢ Prohibition and Limitations on snow stockpiling (Condition#84);
➢ Replacement of Plantings (Condition #64);
➢ The attached "Stormwater Operations and Management Plan", including Best
Management Practices. No additional filings will be required to conduct
maintenance of the above referenced system and plan (Condition #82).
CAWinword\00C\10770sgoodSt.doc 13 NACC 7/2/2007
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INSPECTION AND MAINTENANCE PLAN
FOR
BUTCHER BOY MARKETS
1077 OSGOOD STREET (ROUTE 125)
NORTH ANDOVER, MASSACHUSETTS
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Prepared for:
Angus Realty Corporation
1077 Osgood Street
North Andover, Massachusetts 01845
February 9, 2007
Revised: May 24, 2007
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PROJECT DESCRIPTION:
The Owner, Angus Realty Corporation, is proposing expansion of the existing parking lot and stormwater
management system. The Owner will be responsible for any future maintenance and implementation of
this Inspection and Maintenance Plan.
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Owner
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Angus Realty Corporation
1077 Osgood Street
North Andover, MA 01845
Telephone: 978-688-1511
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Facility Contact(Site Maintenance)
Alan Yameen
Angus Realty Corporation
1077 Osgood Street {
North Andover, MA 01845
Telephone: 978-688-1511
Engineer
Richard Barthelmes, P.E.
Lynnfield Engineering, Inc.
199 Newbury Street Suite 115
Danvers, MA 01923
Telephone: 978-777-7250
Planned Erosion and Sedimentation Control Measures During Construction Activities
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Storm Drain Inlet Protection
A temporary storm inlet protection filter will be placed around all catch basin units. The purpose of the
filter is to prevent the inflow of sediments into the closed drainage system. The filter shall remain in place
until a permanent vegetative cover is established and the transport of sediment is no longer visibly
apparent. The filter shall be inspected and maintained on a weekly basis and after every storm event.
Page 1 of 3
KA335-40\Reports\051807 Insp and Maint plan.doc
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Surface Stabilization
The surface of all disturbed areas shall be stabilized during and after construction. Temporary measures
shall be taken during construction to prevent erosion and siltation. All disturbed slopes will be stabilized
with a permanent vegetative cover. Some or all of the following measures will be utilized on this project
as conditions may warrant.
a. Temporary Seeding
b. Temporary Mulching
C. Permanent Seeding
d. Placement of Sod
e. Hydroseeding
f. Placement of Hay
g. Placement of Jute Netting
Inspection and Maintenance of Stormceptor Units
The performance of the these units shall be checked after every major storm event during construction.
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Long-Term Inspection and Maintenance Measures After Construction
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Erosion Control
Eroded sediments can adversely affect the performance of the stormwater management system. Eroding
or barren areas should be immediately re-vegetated.
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Subsurface Detention Facilities
The detention facilities should be inspected after the first several rainfall events or first few months after
construction, after all major storms (2 year), and on regular bi-annual scheduled dates. Ponded water
inside the system (as visible from the observation well)may indicate settling of the system.
Debris and Litter Removal
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Trash may collect in the BMP's,potentially causing clogging of the facilities. All debris and litter shall be f'
removed when necessary, and after each storm event.
Inspection and Maintenance of Deep Sump Catch Basins and Outlet Control Manhole �DMH#3
) �
The outlet control manhole shall be inspected four(4) times per year, and if necessary, any maintenance
shall be performed so that it functions as designed. The manhole shall be cleaned twice per year, and
when sediment in the bottom of the sump reaches 12-inches below the bottom of the lowest outlet. Inlet
and outlet pipes should be checked for clogging. At a minimum, inspection of the outlet control manhole
shall be performed during the last week of April and the first week of October each year.
Page 2 of 3
KA335-40\Reports\051807_Insp and Maint plan.doc
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Stormceptor Water Quality Treatment Unit
The performance of all stormwater quality measures decrease as they fill with sediment. Although the
maintenance frequency will be site specific, Stormceptor generally recommends annual maintenance be
performed or when the sediment reaches 8" in depth. Oil is removed through the inspection/cleanout pipe
and sediment is removed through the outlet riser pipe. Alternatively, oil could be removed from the outlet
riser pipe if water is removed from the treatment chamber, lowering the oil level below the drop pipes.
In the event of any hazardous material spill,maintenance should be performed by a licensed liquid waste
hauler. The appropriate regulatory agencies should also be notified.
The requirements for the disposal of material from a Stormce for are similar to that of an other Best
q P P Y
Management Practices (BMPs). Local guidelines should be consulted prior to disposal of the separator
contents. In most areas the sediment, once dewatered, can be disposed of in a sanitary landfill. It is not i
anticipated that the sediment would be classified as a hazardous waste. In some areas,mixing the water
with the sediment will create a slurry that can be discharged into a trunk sanitary sewer. In all disposal
options, approval from the disposal facility agency is required. Petroleum waste products collected in
stormceptor(oil/chemical/fuel spills) should be removed by a licensed waste management company.
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A copy of the Owner's Manual detailing maintenance procedures for the unit is presented in f
Attachment No. 1.
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^,etch Basin Maintenance
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Catch basins shall be inspected on an annual basis to determine the depth of sediment contained within the
sump. A minimum 12" separation shall be maintained between accumulated sediment and the catch basin
outlet. Accumulated debris shall be removed, as necessary,to insure proper operation of the catch basin,
but not later than every three years. Accumulated debris shall be removed by a qualified contractor and
transported off site for disposal.
Pavement Maintenance
Paved areas of the site shall be inspected on a regular basis and cleaned of accumulated sand and debris.
At a minimum,paved areas shall be cleaned on a semi-annual basis. Pavement cleaning shall be
performed by a qualified contractor and all material removed transported off site for disposal.
Snow Removal/Storage
Snow from the proposed parking lot area is to be transported to offsite by the snow removal contractor.
No.stockpiling or storage of snow from paved areas of the site is to be performed along Great Pond Road.
Deicing chemicals are not to be utilized on the site. In compliance with the existing deed restrictions,
pesticides, fertilizers and other chemical shall not be used on the site.
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ATTACHMENT NO. 1
Stormceptor's Owner's Manual
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Owner' s Manual
April 2000
The Stormceptor®System is protected by
one or more of the following patents:
Canadian Patent No. 2,009,208
Canadian Patent No. 2,137,942
Canadian Patent No. 2,175,277
Canadian Patent No. 2,180,305
Canadian Patent No.2,206,338
U.S. Patent No. 4,985,148
1 ,
U.S. Patent No. 5,498,331
U.S. Patent No. 5,725,760
U.S.Patent No. 5,753,115
U.S. Patent No. 5,849,181 1
U.S. Patent No. 6,068,765
Australia 693.164 !!
Australia 707,133
New Zealand 314,646
European Paten Treaty 95 307 996.9
The Stormceptor System for
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Stormwater Quality Improvement
Congratulations!
Your selection of a Stormceptor System means that you have chosen the most recognized and efficient
stormwater oil/sediment separator available. Stormceptor is a pollution control device that protects our
lakes, rivers and streams from the harmful effects of non-point source pollution. Please address any
questions or concerns regarding the Stormceptor Systems to Stormceptor Canada Inc at 1-800-565-4801
or visit our website at www.stormceptor.com.
What is a Stormceptor?
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Stormceptor is a patented water quality structure that takes the place of a conventional manhole with in a
storm drain system. Stormceptor removes free oil (TPI4) and suspended solids (TSS) from stormwater
preventing spills and non-point source pollution from entering downstream lakes and rivers. Key benefits
of a Stormceptor include:
• Capable of removing 50%to 80%of the total sediment load when properly applied as a source control
for small areas
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• Removes free oil from stormwater during low flow conditions
• Will not scour or re-suspend trapped pollutants
• Excellent spill control device for commercial and industrial developments h
• Easy to maintain(vacuum truck)
• STORMCEPTOR clearly marked on the cover(excluding inlet designs)
• Engineered and continually tested
• Vertical orientation therefore resulting in a smaller footprint
Please Maintain Your Stormceptor
To ensure long-term environmental protection through continual performance, Stormceptor must be
maintained The need for maintenance is determined through inspection of the Stormceptor. Procedures
for inspection are provided in this document. Maintenance of the Stormceptor is performed from the
surface via vacuum truck. . If you require a list of contacts for cleaning your Stormceptor please call one
of our Stormceptor offices or your nearest Stormceptor affiliate(affiliates listed in Appendix 1).
Stormceptor
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How does Stormceptor®Work? i
Stormceptor can be divided into two components:
• Lower treatment chamber
• Upper by-pass chamber
Stormwater flows into the by-pass chamber via the storm drain pipe. Low flows are diverted into the
treatment chamber by a weir and drop pipe arrangement. The treatment chamber is always full of water.
Water flows up through the outlet pipe based on the head at the inlet weir, and is discharged back into the
by-pass chamber downstream of the weir. The downstream section of the by-pass chamber is connected
to the outlet storm drainpipe.
Free oils and other liquids lighter than water will rise in the treatment chamber and become entrapped
beneath the fiberglass insert since the outlet pipe is submerged. Sediment will settle to the bottom of the
chamber by gravity. The circular design of the treatment chamber is critical to prevent turbulent eddy
currents and to promote settling.
During high flow conditions, stormwater in the by-pass chamber will flow overtop of the weir and be
conveyed to the outlet storm drain directly. Water that overflows the weir creates a backwater effect on
the outlet pipe(head stabilization between the inlet drop pipe and outlet riser pipe) ensuring that excessive
flow will not be forced into the treatment chamber, which could scour or re-suspend the settled material.
The by-pass is an integral part of Stormceptor since other oil/grit separators have been noted to scour j
during high flow conditions(Schueler and Shepp, 1993). j
Stormceptor Models and Identification
Stormceptor is available in both concrete and fiberglass. There are currently nine different sizes available.
A concrete Stormceptor is denoted by STC (e.g. STC6000) preceding the model number. A fiberglass
Stormceptor is denoted by STA(e.g. STA6000)preceding the model number.
In the concrete Stormceptor, a fiberglass insert separates the treatment chamber from the by-pass
chamber. There is three insert designs: the"spool", the "disc" and the "inlet". The different insert designs
are illustrated in Figures 1, 2 and 3. These designs are easily distinguishable from the surface once the
cover has been removed. In the"spool"design you will see one large 914 mm (36") opening in the center
of the insert with two 200 mm (8") inspection ports located either vertically on the sides of the 914 mm
(36") opening or horizontally on either side of the opening. There are three versions of the in-line disc
insert: "single inlet/outlet", "multiple inlet" and "submerged". In the "disc" design you will be able to see
the inlet pipe, the drop pipe opening to the lower chamber, the weir, a 150 mm (6") oil inspection/cleanout
pipe, a large 610 mm (24') riser pipe-opening offset on the outlet side of the structure,and the outlet pipe
from the unit.The weir will be around the 610 mm (24") outlet pipe on the"multiple inlet"disc insert. The
"submerged" disc insert has a higher weir and a second inlet drop pipe. In the "inlet" design you will be
Stormceptor
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able to see the 305 mm (12'D inlet drop pipe and 100 mm (4") outlet riser pipe as well as a central 100mm
[4"] oil inspection/cleanout port. II
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Maintenance from the
surface by vacuum
truck. Vacuum hoseiM
x
lowered through central =^
opening in insert
Spool Insert
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Concrete
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Stormceptor
MINOR,
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Figure 1 "Spool" Insert Concrete Stormceptor®
Stormceptor
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Sediment&oil Oil removal can be
removal can be performed by vacuum truck
performed by vacuum through the oil inspection/
truck through the cleanout pipe
large outlet riser pipe
Disc Insert
Concrete
Stori-mceptor
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Figure 2 Single Inlet/Outlet"Disc" Insert Concrete Stormceptor®
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Stormceptor
Inlet Grate
Oil Port
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Inlet Insert
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s Figure 3 STC 300/450 Inlet Insert
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Sizes/Models
Dimensions of the fiberglass and concrete Stormceptor®units are provided in Table 1. Values of invert to
4x grade are provided later in this document for your site. The total depth for cleaning will be the sum of the
`r depth from invert to grade and invert to the bottom of the unit.
Table 1. Stormceptor Dimensions
r Model Model 'Pipe Invert to Bottom of Pipe Invert to Bottom of
rn=,:
' (Metric) (US) STA Stormceptor STC Stormceptor
m (in.) In(in.)
300 450 1.6 (64) 1.7 (68)
750 900 1.6 (64) 1.9 (74)
1000 1200 2.1 (81) 2.2 (86)
Y 1500 1800 2.9 (115) 3.1 (122)
2000 2400 2.3 (89) 3.1 (122)
3000 3600 1 3.2 (127) 4.0 (158)
4000 4800 2.9 (113) 3.7 (146)
5000 6000 3.5 (138) 4.3 (170)
6000 7200 33 (128) 4.0 (158)
*Depths are approximate
The capacities of the different Stormceptor units are provided in Table 2.
.e.
Stormceptor
Table 2. Stormce tor®Capacities
Model Model Sediment Oil Total Holding
(Metric) (US) Capacity Capacity Capacity
L(US gal) L(US gal) L(US gal)
300 450 1275 (335) 325 (85) 1775(470)
750 900 2460 (565) 915 (280) 4325 (950)
1000 1200 3260 (845) 915 (280)5 125 (1230)
1500 1800 5660 (1445) 915 (280)7 525 (1830)
2000 2400 6150 (1345) 2945 (880) 10925 (2495)
3000 3600 10415 (2600) 2945 (880) 15195 (3750)
4000 4800 14060 (3475) 3490 (1025) 20180 (5020)
5000 6000 18510 (4550) 3490 (1025) 24635 (6095)
6000 7200 23445 (5425) 4150 (1100) 31210 (7415)
Identification
Even if you do not have plans of your storm drain system you will be able to easily identify where the
inline Stormceptor unit(s) (spool or disc insert) are since the name STORMCEPTOR is clearly embossed
on the cover. You will be able to determine the location of"inlet" Stormceptor units with horizontal catch
basin inlets by looking down the grate since the insert will be visible. The name Stormceptor is not
embossed on the inlet models due to the variability of inlet grates used/approved across North America.
Once you have found the unit, you may still be uncertain which model number it is. Comparing the
measured depth from the water level (bottom of insert) to the bottom of the tank with Table 1 should help
determine the size of the unit.
Starting in 1996, a metal serial number tag has been affixed to the inside of the unit.The serial number has
the model number written on it. If the unit does not have a serial number, or if there is any uncertainty
regarding the size of the interceptor,using depth measurements, please contact Stormceptor at 1 800 565-
4801 and we will help you determine the size of a particular unit.
What is the Maintenance Procedure?
Maintenance of Stormceptor is performed using vacuum trucks. No entry into the unit is required for
maintenance of the spool insert, inlet insert or the smaller disc inserts. Entry to the level of the disc insert
may be required for servicing the larger disc insert models. DO NOT ENTER THE
STORMCEPTOR CHAMBER unless you have the proper equipment, have been trained and are
qualified to enter a confined space, as identified by local Occupational Safety and Health Regulations (e.g.
Canada Occupational Safety and Health Regulations — SOR/86-304). Without the proper equipment and
training, entry into confined spaces can result in serious bodily harm and potentially death Consult local,
provincial, and/or state regulations to determine the requirements for confined space entry. Be aware that
the insert may be slippery. In addition, be aware that some units do not have a safety grate to cover the
outlet riser pipe that leads to the submerged,lower treatment chamber.
Stormceptor
The Vacuum Service Industry is a well-established sector of the service industry that cleans underground
tanks, sewers and catch basins. Costs to clean a Stormceptor will vary based on the size of unit and
transportation distances.
The depth of oil in the interceptor can be determined by inserting a dipstick tube in the 150 mm (6") oil
inspection/cleanout pipe("disc"design),or in the 914 mm(36')central access way("spool"design),or in
the 100 mm(4")cleanout pipe
("inlet"design).
Similarly, the depth of sediment can be measured from the surface without_entry into the Stormceptor via
a dipstick tube equipped with a ball valve (Sludge Judge). This tube would be inserted in the central
opening ("spool" design) or in the 610 mm (24") opening("disc" design), or in the 100 mm (4") cleanout
pipe ("inlet" design). Maintenance should be performed once the sediment depth exceeds the guideline
values provided in Table 3.
For the "spool" design Stormceptor maintenance is performed through the large central 914 mm (36")
diameter opening for both the oil and the sediment. In the "disc" design, oil is removed through the 150
mm (6") oil inspection/cleanout pipe and sediment is removed through the 610 mm (24") diameter outlet
riser pipe. Alternatively, oil could be removed from the 610 mm (24") opening if water is removed from
the lower chamber to lower the oil level to the level of the drop pipes. For the"inlet" design,maintenance
is performed through the 305mm (12") inlet drop pipe for the sediment, and oil can be removed from the
100 mm(4")oil/inspection cleanout pipe.
We recommend the following procedure to clean out the Stormceptor:
1. Check for oil(using a dipstick tube)
2. Remove any oil separately using a small portable pump
3. Decant the water from the unit to the sanitary sewer using a portable pump (prior approval is
required from the sewer authority/municipality)
4. Remove the sludge from the bottom of the unit using a vacuum truck
5. Re-fill the Stormceptor with water where required by the local jurisdiction
How Often Is Maintenance Required?
Generally, annual maintenance is recommended but the required maintenance frequency will vary with the
amount of pollution on your site (number of hydrocarbon spills, amount of sediment, etc.). It is
recommended that the frequency of maintenance be increased or reduced based on local conditions. If the
sediment load is high, maintenance may be required semiannually.Conversely once the site has stabilized,
maintenance may be required less frequently. Maintenance should be performed immediately after an oil
spill or once the sediment depth in Stormceptor reaches the value specified in Table 3 based on the unit
size.
In the "disc" design and "inlet" design, any potential obstructions at the inlet can be observed from the
surface. The "disc" insert has been designed as a platform to facilitate maintenance of the Stormceptor
and the storm drain system.
Stormceptor
Table 3. Sediment Depths Indicating Required Maintenance
Model Model Sediment Depth
(Metric) (US) mm(in.)
300 450 200 (8)
750 900 200 (8)
1000 1200 250(10)
1500 1800 375 (15)
2000 2400 300(12)
3000 3600-- 425 (17)
4000 4800 375 (15)
5000 6000 450(18)
6000 7200 375 (15)
What Should I do in the Event of an Oil Spill?
Stormceptor is often implemented in areas where the potential for spills is great. Stormceptor should be
cleaned immediately after a spill occurs by a licensed liquid waste hauler. You should also notify the
appropriate regulatory agencies as required in the event of a spill.
Disposal of the Trapped lblaterial Removed from Stormceptor
The requirements for the disposal of material from Stormceptor are similar to that of any other Best
Management Practices (BMP). Local guidelines should be consulted prior to disposal of the separator
contents.
In most areas the sediment, once dewatered, can be disposed of in a sanitary landfill. It is not anticipated
that the sediment would be classified as hazardous waste. In some areas, mixing the water with the
sediment will create a slurry that can be discharged into a trunk sanitary sewer. In all disposal options,
approval from the dsposal facility operator/agency is required. Petroleum waste products collected in
Stormceptor(oil/chemical/fuel spills)should be removed by a licensed waste management company.
What if I see an oil rainbow or sheen at the Stormceptor outlet?
With a steady influx of water with high concentrations of oil, a sheen may be noticeable at the
Stormceptor outlet. This may occur because a rainbow or sheen can be seen at very small oil
concentrations(< 10 ppm). Stormceptor will remove over 95%of all free oil and the appearance of a
sheen at the outlet with high influent oil concentrations does not mean that the unit is not working to this
level of removal. In addition, if the influent oil is emulsified,the Stormceptor will not be able to remove it.
The Stormceptor is designed for free oil removal and not emulsified or dissolved oil conditions.
Stormceptor
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Appendix 1
Stormceptor Affiliates
Stormceptor
CANADA Stormceptor® Affiliates
FIBERGLASS
Stormceptor Canada Inc.
416-626-0840/ 1-800-565-4801 Todd Neff
CONCRETE
Lafarge Canada Inc.
403-292-9502/ 1-888-422-4022 AB,MB,NW. ON, SK
604-502-5236 Chris Hughes BC
Centennial Concrete Pipe& Products Inc.
519-622-7574/ 1-888-888-3222 Brian Lee ON
Lecuyer et Fils We.
450-454-3928 R6jean Tremblay PQ
Strescon Limited
i
902-494-7400 Andrew LeVatte NS
506-633-8877 Gary Bennett NB,PE,NF
Stormceptor
UNITED STATES
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CSR Hydro Conduit
1-800-909-7763 CSR National Stormceptor Information AK,AL,AR,AZ,CA, CT
DC,DE,FL, GA,HI, s. IL,IN,
KS,KY,LA,MA, MD, ME,
MI,MO,MS,NC,NE,NH,
NM,NV,OK,OR,RI,SC,TN,
TX, VA, VT, WA
The Cretez Companies
612-441-2121 Brad Fossum MN,IA,n. IL WI
Camtek Construction Products
724-327-3400 Andy Virostek NY,NJ, OH,PA,WV
Carder Concrete Products
303-791-1600 Don Grzesiek CO
Wyoming Concrete Products
307-265-3100 John Finch ID, MT,ND, SD,UT, WY
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Stormceptor
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AUSTRALIA
CONCRETE
CSR Humes
617 3364-2933 Colin Roome Australia
4 CSR Construction Materials
613 9286-2624 Keith Capom Pacific Rim
J
Stormceptor
DEP FILE # 242 - 1391
APPENDIX A-AFFIDAVIT
I, on oath do hereby depose and state:
(authorized agent of applicant and/ or owner)
(PLEASE CHECK AT LEAST ONE BLOCK)
1) I am the of
(position with applicant) (applicant's name)
the applicant upon whom the Order of Conditions have been
(DEP or NACC File#)
placed upon by the North Andover Conservation Commission (NACC).
and / or
2) I am the of
(position with owner) (owner)
the owner upon whose land Order of Conditions have been
(DEP or NACC File#)
placed upon by the NACC.
♦ I hereby affirm and acknowledge that I have received said Order of Conditions and
have read the same and understand each and every condition, which has been set
forth in said Order of Conditions.
♦ I 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 the Order of Conditions are presentlY in
compliance.
♦ I hereby affirm and acknowledge that this document will be relied upon by the
NACC, as well as any potential buyers of said property, which is subject to the
Order of Conditions.
Signed under the pain and penalties of perjury this day of 20
(Authorized agent of applicant or owner)
i
CAWinword\00C\10770sgoodSt.doc 14 NACC 7/2/2007
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ILIMassachusetts Department of Environmental Protection
Bureau of Resource Protection - Wetlands DEP File Number:
WPA Form 5 - Order of Conditions 242-1391
Massachusetts Wetlands Protection Act M.G.L. c. 131, §40
E. Issuance
This Order is valid for three years, unless otherwise specified as a special . 7
condition pursuant to General Conditions#4, from the date of issuance. 1.Date of IssuAnce
Please indicate the number of members who will sign this form:
This Order must be signed by a majority of the Conservation Commission. 2.Number of signers
The Order must be mailed by certified mail (return receipt requested) or hand delivered to the applicant. A
copy also must be mailed or hand delivered at the same time to the appropriate Department of
Environmental Protection Regional Office, if not filing electronically, and the property ow dl erent
from applicant.
Signatures:
GlN .mss
AJAJ
6—X&rX� C-1
Notary Acknowledgement
Commonwealth of Massachusetts County of Essex North
On this "Q7 e- 01190?
Day . �f Month Year
Before me, the undersigned Notary Public,
personally appeared Name of Document Signer
proved to me through satisfactory evidence of identification, which was/were
Massachusetts License
Description of evidence of identification
to be the person whose name is signed on the preceding or attached document, and acknowledged to
me that he/she signed it voluntarily for its stated purpose.
As member of North Andover
Cityrrown Conservation Commission
` M
DONNA M.WEDGE
NOTARY PUBLIC vv
-''of�rasSAC��"SETTS ignature of Notary Public
,�
_.__ Printed Name of No ry Public
Place notary seal and/or any stamp above s-/� --) 9
My Commission Rkpires(Date)
This Order is issued to the applicant as follows:
by hand deliv ry on ❑ by certified mail, return receipt requested, on
7/3
Date Date
wpaform5.doc- rev.3/1/05 Page 7 of 9
a
ILIMassachusetts Department of Environmental Protection
Bureau of Resource Protection - Wetlands DEP File Number:
WPA Form 5 - Order of Conditions 242-1391
Massachusetts Wetlands Protection Act M.G.L. c. 131, §40
F. Appeals
The applicant, the owner, any person aggrieved by this Order, any owner of land abutting the land subject
to this Order, or any ten residents of the city or town in which such land is located, are hereby notified of
their right to request the appropriate 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 Request of Departmental Action Fee Transmittal Form, as provided in 310 CMR
10.03(7) within ten business days from the date of issuance of this Order. A copy of the request shall at
the same time be sent by certified mail or hand delivery to the Conservation Commission and to the
applicant, if he/she is not the appellant. Any appellants seeking to appeal the Department's Superseding
Order associated with this appeal will be required to demonstrate prior participation in the review of this project.
Previous participation in the permit proceeding means the submission of written information to the
Conservation Commission prior to the close of the public hearing, requesting a Superseding Order or
Determination, or providing written information to the Department prior to issuance of a Superseding Order
or Determination.
The request shall state clearly and concisely the objections to the Order which is being appealed and how
the Order does not contribute to the protection of the interests identified in the Massachusetts Wetlands
Protection Act, (M.G.L. c. 131, §40) and is inconsistent with the wetlands regulations (310 CMR 10.00).
To the extent that the Order is based on a municipal ordinance or bylaw, and not on the Massachusetts
Wetlands Protection Act or regulations, the Department has no appellate jurisdiction.
Section G, Recording Information is available on the following page.
wpaform5.doc• rev.3/1/05 Page 8 of 9
Massachusetts Department of Environmental Protection
Bureau of Resource Protection - Wetlands DEP File Number:
WPA Form 5 - Order of Conditions 242-1391
Massachusetts Wetlands Protection Act M.G.L. c. 131, §40
G. Recording Information
This Order of Conditions must be recorded in the Registry of Deeds or the Land Court for the district in
which the land is located, within the chain of title of the affected property. In the case of recorded land, the
Final Order shall also be noted in the Registry's Grantor Index under the name of the owner of the land
subject to the Order. In the case of registered land, this Order shall also be noted on the Land Court
Certificate of Title of the owner of the land subject to the Order of Conditions. The recording information
on Page 7 of this form shall be submitted to the Conservation Commission listed below.
North Andover
Conservation Commission
Detach on dotted line, have stamped by the Registry of Deeds and submit to the Conservation Commission.
---------------------------------------------------------------------------------------------------------------------------
To:
North Andover
Conservation Commission
Please be advised that the Order of Conditions for the Project at:
242-1391
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.311/05 Page 9 of 9
Massachusetts Department of Environmental Protection
L7 Bureau of Resource Protection - Wetlands
WPA Form 2 — Determination of Applicability
Massachusetts Wetlands Protection Act M.G.L. c. 131, §40
A. General Information
Important:
When filling out From:
forms on the North Andover
computer, use Conservation Commission
only the tab
key to move To: Applicant Property Owner(if different from applicant):
your cursor-
do not use the Angus Realty Corporation
return key. Name Name
1077 Osgood Street
Q Mailing Address Mailing Address
North Andover MA 01845
City/Town State Zip Code City/Town State Zip Code
r 1. Title and Date (or Revised Date if applicable) of Final Plans and Other Documents:
RDA 5/28/08
Title Date
Plot Plan, Existing Conditions Plan, Storage Container Plan, Erosion and May 2008
Sedimentation Control Plan Date
Title Date
2. Date Request Filed:
5/28/08
B. Determination
Pursuant to the authority of M.G.L. c. 131, § 40, the Conservation Commission considered your
Request for Determination of Applicability, with its supporting documentation, and made the following
Determination.
Project Description (if applicable):
Relocation of two dry storage containers and construction of a chain link fence within the Buffer Zone
to a Bordering Vegetated Wetland.
Project Location:
1077 Osgood Street North Andover
Street Address City/Town
MAP 35 Parcel 27
Assessors Map/Plat Number Parcel/Lot Number
wpaform2.doc•rev.311/05
Page 1 of 5
I
I
Massachusetts Department of Environmental Protection
Bureau of Resource Protection - Wetlands
WPA Form 2 — Determination of Applicability
Massachusetts Wetlands Protection Act M.G.L. c. 131, §40
B. Determination (cont.)
The following Determination(s) is/are applicable to the proposed site and/or project relative to the Wetlands
Protection Act and regulations:
Positive Determination
Note: No work within the jurisdiction of the Wetlands Protection Act may proceed until a final Order of
Conditions (issued following submittal of a Notice of Intent or Abbreviated Notice of Intent)or Order of
Resource Area Delineation (issued following submittal of Simplified Review ANRAD) has been received
from the issuing authority(i.e., Conservation Commission or the Department of Environmental Protection).
❑ 1. The area described on the referenced plan(s) is an area subject to protection under the Act.
Removing,filling, dredging, or altering of the area requires the filing of a Notice of Intent.
❑ 2a. The boundary delineations of the following resource areas described on the referenced plan(s) are
confirmed as accurate. Therefore,the resource area boundaries confirmed in this Determination are
binding as to all decisions rendered pursuant to the Wetlands Protection Act and its regulations regarding
such boundaries for as long as this Determination is valid.
❑ 2b. The boundaries of resource areas listed below are not confirmed by this Determination,
regardless of whether such boundaries are contained on the plans attached to this Determination or
to the Request for Determination.
❑ 3. The work described on referenced plan(s) and document(s) is within an area subject to
protection under the Act and will remove, fill, dredge, or alter that area. Therefore, said work
requires the filing of a Notice of Intent.
❑ 4. The work described on referenced plan(s) and document(s) is within the Buffer Zone and will
alter an Area subject to protection under the Act. Therefore, said work requires the filing of a
Notice of Intent or ANRAD Simplified Review(if work is limited to the Buffer Zone).
❑ 5. The area and/or work described on referenced plan(s) and document(s) is subject to review
and approval by.-
Name
y:Name of Municipality
Pursuant to the following municipal wetland ordinance or bylaw:
Name Ordinance or Bylaw Citation
wpaform2.doc•rev.3/1/05
Page 2 of 5
r '
Massachusetts Department of Environmental Protection
Bureau of Resource Protection - Wetlands
WPA Form 2 — Determination of Applicability
Massachusetts Wetlands Protection Act M.G.L. c. 131, §40
B. Determination (cont.)
❑ 6. The following area and/or work, if any, is subject to a municipal ordinance or bylaw but not
subject to the Massachusetts Wetlands Protection Act:
❑ 7. If a Notice of Intent is filed for the work in the Riverfront Area described on referenced plan(s)
and document(s), which includes all or part of the work described in the Request, the applicant
must consider the following alternatives. (Refer to the wetland regulations at 10.58(4)c. for more
information about the scope of alternatives requirements):
❑ Alternatives limited to the lot on which the project is located.
❑ Alternatives limited to the lot on which the project is located, the subdivided lots, and any
adjacent lots formerly or presently owned by the same owner.
❑ Alternatives limited to the original parcel on which the project is located, the subdivided
parcels, any adjacent parcels, and any other land which can reasonably be obtained within
the municipality.
❑ Alternatives extend to any sites which can reasonably be obtained within the appropriate
region of the state.
Negative Determination
Note: No further action under the Wetlands Protection Act is required by the applicant. However, if the
Department is requested to issue a Superseding Determination of Applicability, work may not proceed
on this project unless the Department fails to act on such request within 35 days of the date the
request is post-marked for certified mail or hand delivered to the Department. Work may then proceed
at the owner's risk only upon notice to the Department and to the Conservation Commission.
Requirements for requests for Superseding Determinations are listed at the end of this document.
❑ 1. The area described in the Request is not an area subject to protection under the Act or the
Buffer Zone.
❑ 2. The work described in the Request is within an area subject to protection under the Act, but will
not remove, fill, dredge, or alter that area. Therefore, said work does not require the filing of a
Notice of Intent.
® 3. The work described in the Request is within the Buffer Zone, as defined in the regulations, but
will not alter an Area subject to protection under the Act. Therefore, said work does not require
the filing of a Notice of Intent, subject to the following conditions (if any).
See attached conditions
❑ 4. The work described in the Request is not within an Area subject to protection under the Act
(including the Buffer Zone). Therefore, said work does not require the filing of a Notice of Intent,
unless and until said work alters an Area subject to protection under the Act.
wpaform2.doc-rev.3/1/05 Page 3 of 5
Massachusetts Department of Environmental Protection
Bureau of Resource Protection - Wetlands
WPA Form 2 — Determination of Applicability
Massachusetts Wetlands Protection Act M.G.L. c. 131, §40
B. Determination (cont.)
❑ 5. The area described in the Request is subject to protection under the Act. Since the work
described therein meets the requirements for the following exemption, as specified in the Act and
the regulations, no Notice of Intent is required:
Exempt Activity(site applicable statuatory/regulatory provisions)
❑ 6. The area and/or work described in the Request is not subject to review and approval by:
Name of Municipality
Pursuant to a municipal wetlands ordinance or bylaw.
North Andover Wetland Protection Bylaw Chapter 178
Name Ordinance or Bylaw Citation
C. Authorization
This Determination is issued to the applicant and delivered as follows:
❑ by hand delivery on Eby certified mail, return receipt requested on
Date Date
This Determination is valid for three years from the date of issuance (except Determinations for
Vegetation Management Plans which are valid for the duration of the Plan). This Determination does not
relieve the applicant from complying with all other applicable federal, state, or local statutes, ordinances,
bylaws, or regulations.
This Determination must be signed by a majority of the Conservation Commission. A copy must be sent
to the appropriate DEP Regional Office (see Attachment) and the property owner(if different from the
applicant).
Signature
c(1
Date
wpaform2.doc•rev.3/1/05 Page 4 of 5
Massachusetts Department of Environmental Protection
Bureau of Resource Protection - Wetlands
WPA Form 2 — Determination of Applicability
Massachusetts Wetlands Protection Act M.G.L. c. 131, §40
D. Appeals
The applicant, owner, any person aggrieved by this Determination, any owner of land abutting the land
upon which the proposed work is to be done, 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 Department of Environmental
Protection Regional Office (see Attachment) to issue a Superseding Determination of Applicability. The
request must be made by certified mail or hand delivery to the Department, with the appropriate filing fee
and Fee Transmittal Form (see 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 Determination. 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 Determination which is being appealed. To the extent that the Determination is based on
a municipal ordinance or bylaw and not on the Massachusetts Wetlands Protection Act or regulations, the
Department of Environmental Protection has no appellate jurisdiction.
wpaform2.doc•rev.3/1/05 Page 5 of 5
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Massachusetts Department of Environmental Protection
Bureau of Resource Protection - Wetlands
DEP Regional Addresses
Massachusetts Wetlands Protection Act M.G.L. c. 131, §40
Mail transmittal forms and DEP payments,payable to:
Commonwealth of Massachusetts
Department of Environmental Protection
Box 4062
Boston, MA 02211
DEP Western Region Adams Colrain Hampden Monroe Pittsfield Tynngham
436 Dwight Street Agawam Conway Hancock Montague Plainfield Wales
Alford Cummington Hatfield Monterey Richmond Ware
Suite 402 Amherst Dalton Hawley Montgomery Rowe Warwick
Springfield,MA 01103 Ashfield Deerfield Heath Monson Russell Washington
Phone:413-784-1100 Becket Easthampton Hinsdale Mount Washington Sandisfield Wendell
Belchertown East Longmeadow Holland New Ashford Savoy Westfield
Fax:413-784-1149 Bernardston Egremont Holyoke New Marlborough Sheffield Westhampton
Blandford Erving Huntington New Salem Shelburne West Springfield
Brimfield Florida Lanesborough North Adams Shutesbury West Stockbridge
Buckland Gill Lee Northampton Southampton Whately
Charlemont Goshen Lenox Northfield South Hadley Wilbraham
Cheshire Granby Leverett Orange Southwick Williamsburg
Chester Granville Leyden Otis Springfield Williamstown
Chesterfield Great Barrington Longmeadow Palmer Stockbridge Windsor
Chicopee Greenfield Ludlow Pelham Sunderland Worthington
Clarksburg Hadley Middlefield Peru Tolland
DEP Central Region Acton Chariton Hopkinton Millbury Rutland Uxbridge
627 Main Street Ashburnham Clinton Hubbardston Millville Shirley Warren
Ashby Douglas Hudson New Braintree Shrewsbury Webster
Worcester, MA 01608 Athol Dudley Holliston Northborough Southborough Westborough
Phone: 508-792-7650 Auburn Dunstable Lancaster Northbridge Southbridge West Boylston
Fax:508-792-7621 Ayer East Brookfield Leicester North Brookfield Spencer West Brookfield
Barre Fitchburg Leominster Oakham Sterling Westford
TDD:508-767-2788 Bellingham Gardner Littleton Oxford Stow Westminster
Berlin Grafton Lunenburg Paxton Sturbridge Winchendon
Blackstone Groton Marlborough Pepperell Sutton Worcester
Bolton Harvard Maynard Petersham Templeton
Boxborough Hardwick Medway Phillipston Townsend
Boylston Holden Mendon Princeton Tyngsborough
Brookfield Hopedale Milford Royalston Upton
DEP Southeast Region Abington Dartmouth Freetown Mattapoisett Provincetown Tisbury
20 Riverside Drive Acushnet Dennis Gay Head Middleborough Raynham Truro
Attleboro Dighton Gosnold Nantucket Rehoboth Wareham
Lakeville,MA 02347 Avon Duxbury Halifax New Bedford Rochester WellFleet
Phone:508-946-2700 Barnstable Eastham Hanover North Attleborough Rockland West Bridgewater
Fax:508-947-6557 Berkley East Bridgewater Hanson Norton Sandwich Westport
Bourne Easton Harwich Norwell Scituate West Tisbury
TDD:508-946-2795 Brewster Edgartown Kingston Oak Bluffs Seekonk Whitman
Bridgewater Fairhaven Lakeville Orleans Sharon Wrentham
Brockton Fall River Mansfield Pembroke Somerset Yarmouth
Carver Falmouth Marion Plainville Stoughton
Chatham Foxborough Marshfield Plymouth Swansea
Chilmark Franklin Mashpee Plympton Taunton
DEP Northeast Region Amesbury Chelmsford Hingham Merrimac Quincy Wakefield
1 Winter Street Andover Chelsea Holbrook Methuen Randolph Walpole
Arlington Cohasset Hull Middleton Reading Waltham
Boston,MA 02108 Ashland Concord Ipswich Millis Revere Watertown
Phone:617-654-6500 Bedford Danvers Lawrence Milton Rockport Wayland
Fax: 617-556-1049 Belmont Dedham Lexington Nahant Rowley Wellesley
Beverly Dover Lincoln Natick Salem Wenham
TDD:617-574-6868 Billerica Dracut Lowell Needham Salisbury West Newbury
Boston Essex Lynn Newbury Saugus Weston
Boxford Everett Lynnfeld Newburyport Sherbom Westwood
Braintree Framingham Malden Newton Somerville Weymouth
Brookline Georgetown Manchester-By-The-Sea Norfolk Stoneham Wilmington
Burlington Gloucester Marblehead North Andover Sudbury Winchester
Cambridge Groveland Medfield North Reading Swampscott Winthrop
Canton Hamilton Medford Norwood Tewksbury Woburn
Carlisle Haverhill Melrose Peabody Topsfield
Wpaform2.doc•DEP Addresses•rev.10/6/04 Page 1 of 1
i
Massachusetts Department of Environmental Protection
Bureau of Resource Protection - Wetlands
Request for Departmental Action Fee Transmittal Form
Massachusetts Wetlands Protection Act M.G.L. c. 131, §40
A. Request Information
Important:
When filling out 1. Person or party making request(if appropriate, name the citizen group's representative):
forms on the
computer, use Name
only the tab
key to move
your cursor- Mailing Address
do not use the
return key. City/Town State Zip Code
r� Phone Number Fax Number(if applicable)
Project Location
rehan
Mailing Address
City/Town State Zip Code
2. Applicant(as shown on Notice of Intent(Form 3), Abbreviated Notice of Resource Area Delineation
(Form 4A); or Request for Determination of Applicability (Form 1)):
Name
Mailino 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($100 for individual single family homes with associated
structures; $200 for all other projects)
❑ Superseding Determination of Applicability ($100)
❑ Superseding Order of Resource Area Delineation ($100)
Send this form and check or money order for the appropriate amount, payable to the Commonwealth of
Massachusetts to:
Department of Environmental Protection
Box 4062
Boston, MA 02211
wpaform2.doc•Request for Departmental Action Fee Transmittal Form•rev.10/6/04 Page 1 of 2
Massachusetts Department of Environmental Protection
Bureau of Resource Protection - Wetlands
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
Attachment 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.
wpaform2.doc•Request for Departmental Action Fee Transmittal Form•rev.10/6/04 Page 2 of 2
y A0RT#j
S%'eo 061 6 OL
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T ° COCwC11MKR y7' T
'ls,9 A°RwrEo
CHUSS,,l9
SSA
PUBLIC HEALTH DEPARTMENT
Community Development Division
October 6, 2008
Thomas Yameen
Butcher Boy Market
1077 Osgood Street
North Andover,MA 01845
Re: Request for holiday use of refrigerated trailers
Dear Mr. Yameen,
The Health Department has received your verbal request regarding the use of temporary
refrigerated trailers for the upcoming holiday season.Although the concept of your request is
understood,the conversations held between you and I cannot be formerly responded to without a
written detailed request. This office will be able to provide you with a formal answer,with the
submission of proper documentation and explanations.
The storage issues faced by Butcher Boy are well documented and understood by the Board of
Health and do not need extensive explanation. In April of 2008,the Board of Health accepted a
proposal to install an outdoor refrigeration unit to alleviate ongoing storage space inadequacies at
Butcher Boy Market.The approvals given were to be implemented and utilized so that trailers
would not be necessary. In July,the Planning Board also approved a similar proposal in a
decision dated July 2,2008. With the approval,the Board of Health expected the trailer issue to
be one of the past,however if you would like to pursue the issue of once again utilizing trailers
for the storage of turkeys please submit the following.
1) A document detailing the status of the installation of the refrigeration and the reason this
approved measure is not completed to date. Proof by contract,building permit etc.that
show intent to build by a certain future date
2) Plans showing any items detailed in the cover letter
3) Describe plans to provide protection of the turkeys while in the trailer
4) A description of the vehicles proposed to be utilized
5) Dates,proposed locations and other pertinent information
1600 Osgood Street,North Andover,Massachusetts 01845
Phone 978.688.9540 Fax 978.688.8476 Web www.townofnorthandover.com
..
Thank you for your anticipated cooperation in this matter.
JSincerel, ,
Susan Sawyer, HS/RS
Public Health Director
Cc Gerald Brown, Inspector of Building
Judy Tymon,Planning Director
Board of Health members
1600 Osgood Street,North Andover,Massachusetts 01845
Phone 918.688.9540 Fox 918.688.8416 Web www.townofnorthandover.com
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