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SEPTIC & DRAIN SERVICE
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107 FOREST STREET;MIDDLETON,MA 01949
(978)774-2772
COMMONWEALTH OF MASSACHUSETTS
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SYSTEM PUMPING RECORD
SYSTEM OWNER: SYSTEM LOCATION:
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DATE OF PUMPING: 2- 7 QUANTITY PUMPED:-'? -S-0 GALLONS
CESSPOOL: NO 0 YES a SEPTIC TANK: NO F_� YES
SYSTEM PUMPED BY: CURRIER SEPTIC & DRAIN SERVICE
CONTENTS TRANSFERRED TO:
DATE: Z 7- INSPECTOR:
GP'. Greenman - Pedersen, Inc.
Engineers,Architects, Planners, Construction Engineers& Inspectors
REF.: REQ LVED Offices
2005501 Throughout the
May 12, 2006 MAY 16 2Q06 United States
U
Secretary Stephen R. Pritchard TOWN
H HEALTH DEPARTM OF R
Executive Office of Environmental Affairs
Attn: Deerin Babb-Brott, Director,MEPA Office
100 Cambridge Street, Suite 900
Boston, MA 02114
SUBJECT: Gas Station/Convenience Store with Drive-Through Window
Route 125,North Andover
Environmental Notification Form
Dear Secretary Pritchard:
On behalf of 1503 Osgood Street LLC, the proponent of the above-referenced project, we are pleased to
submit the enclosed Environmental Notification Form (ENF) to initiate the Massachusetts Environmental
Policy Act (MEPA) review of the proposed Gas Station/Convenience Store with Drive-Through Window
project in North Andover, Massachusetts.
We expect that you will publish notice of availability of the ENF for public review in the next edition of
The Environmental Monitor. We look forward to the on-site consultation session and to your review of
this Project. If you have any questions,please call me at 603-891-2213.
Sincerely,
GREENMAN—PEDERSEN, INC.
Eric B. Eby;P.E.
Project Manager
enclosure(s)
cc: David Murray, 1503 Osgood Street LLC
Frank Monteiro,NEU Design Consultants,Inc.
John Smolak,Esq.,Smolak&Vaughan LLP
Jennifer D. Vicich,Wetlands Preservation,Inc.
Circulation-List--
61 Spit Brook Road, Suite 110, Nashua, NH 03060 Tel: (603)891-2213 Fax: (603)891-6449
www.gpinet.com
North Andover Board of Assessors Public Access Page 1 of 1
Parcel ID: 210/034.0-0007-0000.0 Community: North Andover
SKETCH PHOTO
Click on Sketch to Enlarge
AftNu 4
Fictur,
Available
Location: 1503 OSGOOD STREET
Owner Name: 676 OSGOOD STREET TRUST
TIFFANT R JESUDIAN,TRUSTEE
Owner Address: 1503 OSGOOD STREET
City: NORTH ANDOVER State: MA ZIP: 01845
Neighborhood: 5 - 5 Land Area: 5.92 acres
Use Code: 109 -MULTIPLE-RES Total Finished Area: 2039 sqft
ASSESSMENTS CURRENT YEAR PREVIOUS YEAR
Total Value: 385,500 361,000
Building Value: 180,300 169,300
Land Value. 205,200 191,700
Market Land Value: 205,200
Chapter Land Value:
LATEST SALE
Sale Price: 265,000 Sale Date: 10/02/2002
Arms Length Sale Code: B-NO-INTRACORP Grantor: ROCKWELL,MABEL
Cert Doc: Book: 07141 Page: 0194
http://csc-ma.us/NandoverPubAcc/jsp/Home.jsp?Page=3&Linkld=802918 5/16/2006
Commonwealth of Massachusetts For Office Use Only
For
Office of Environmental Affairs
Executive Office of Environmental Affairs ■MEPA Office
EOEA No.:
Environmental MEPA Analyst:
Phone: 617-626-
Notification Form
The information requested on this form must be completed to begin MEPA Review in accordance with
the provisions of the Massachusetts Environmental Policy Act, 301 CMR 11.00.
Project Name: Proposed Gas Station/Convenience Store with Drive Through
Street: Route 125 (Osgood Street
Municipality: North Andover Watershed: Merrimack
Universal Tranverse Mercator Coordinates: Latitude: 42o4349" N
327162 mE 4733016 mN Lon itude: 711,06' 40" W
Estimated commencement date: Summer 2006 Estimated completion date: Fall 2006
Approximate cost: $2.0 Million Status of project design: 60 %comple
Proponent: 1503 Osgood Street LLC
Street: 2 Bridgeview Circle
Municipality: T n sborou h State: MA Zip Code: 01879
Name of Contact Person From Whom Copies of this ENF May Be Obtained:
Eric Eby
Firm/Agency: Greenman-Pedersen, Inc. Street: 61 Spit Brook Road, Suite 110
Municipality: Nashua I State: NH Zip Code: 03060
Phone: 603 891-2213 Fax: 603 891-6449 E-mail: eeby@gpinet.com
Does this project meet or exceed a mandatory EIR threshold (see 301 CMR 11.03)?
❑Yes ®No
Has this project been filed with MEPA before?
❑Yes (EDEA No. ) ®No
Has any project on this site been filed with MEPA before?
[]Yes (EDEA No. ) ®No
Is this an Expanded ENF (see 301 CMR 11.05(7)) requesting:
a Single EIR? (see 301 CMR 11.06(8)) ❑Yes ®No
a Special Review Procedure? (see 301CMR 11.09) ❑Yes ®No
a Waiver of mandatory EIR? (see 301 CMR 11.11) ❑Yes ®No
a Phase I Waiver? (see 301 CMR 11.11) ❑Yes ®No
Identify any financial assistance or land transfer from an agency of the Commonwealth, including
the agency name and the amount of funding or land area (in acres):
Are you requesting coordinated review with any other federal, state, regional, or local agency?
❑Yes(Specify ) ®No
List Local or Federal Permits and Approvals:
Site Plan Approval from local Planninq Board,
Order of Conditions from local Conservation Commission
EPA NPDES Stormwater Notice of Intent
Revised 10/99 Comment period is limited. For information call 617-626-1020
Which ENF or EIR review threshold(s) does the project meet or exceed (see 301 CMR 11.03):
❑ Land ❑ Rare Species ❑ Wetlands, Waterways, &Tidelands
❑ Water ❑ Wastewater ® Transportation
❑ Energy ❑ Air ❑ Solid & Hazardous Waste
❑ ACEC ❑ Regulations ❑ Historical &Archaeological
Resources
Summary of Project Size Existing Change Total State Permits &
& Environmental Impacts Approvals
® Order of Conditions
Total site acreage 6.1t ❑ Superseding Order of
Conditions
New acres of land altered 0.15 ❑ Chapter 91 License
Acres of impervious area 0.01 +0.13 0.14 ❑ 401 Water Quality
Certification
Square feet of new bordering N/A
Z MHD or MDC Access
vegetated wetlands alteration Permit
Square feet of new other ❑ Water Management
wetland alteration Act Permit
Acres of new non-water ❑ New Source Approval
dependent use of tidelands or N/A ❑ DEP or MWRA
waterways Sewer Connection/
Extension Permit
❑ Other Permits
Gross square footage 2,662 +1,118 3,860 (including Legislative
Approvals)— Specify:
Number of housing units 2 -2 0
Maximum height (in feet) - +32' 32'
TRANSPORTATION
Vehicle trips per day o 1,800 1,800
Parking spaces - +30 30
WATER/WASTEWATER
Gallons/day (GPD) of water use 660 +15 675
GPD water withdrawal N/A N/A N/A
GPD wastewater generation/ sso +15 675
treatment
Length of water/sewer mains N/A N/A N/A
(in miles)
CONSERVATION LAND: Will the project involve the conversion of public parkland or other Article 97 public natural
resources to any purpose not in accordance with Article 97?
❑Yes (Specify. ) ®No
Will it involve the release of any conservation restriction, preservation restriction, agricultural preservation
restriction,or watershed preservation restriction?
❑Yes (Specify, ) ®No
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RARE SPECIES: Does the project site include Estimated Habitat of Rare Species,Vernal Pools, Priority Sites of
Rare Species, or Exemplary Natural Communities?
❑Yes(Specify, ) ®No
HISTORICAL/ARCHAEOLOGICAL RESOURCES: Does the project site include any structure, site or district listed
in the State Register of Historic Place or the inventory of Historic and Archaeological Assets of the Commonwealth?
[]Yes (Specify, ) ®No
If yes, does the project involve any demolition or destruction of any listed or inventoried historic or archaeological
resources?
[]Yes (Specify, ) ❑No
AREAS OF CRITICAL ENVIRONMENTAL CONCERN: Is the project in or adjacent to an Area of Critical
Environmental Concern?
❑Yes (Specify ) ®No
PROJECT DESCRIPTION: The project description should include (a) a description of the project site,
(b) a description of both on-site and off-site alternatives and the impacts associated with each
alternative, and (c) potential on-site and off-site mitigation measures for each alternative (You may
attach one additional page, if necessary.)
The proposed site is comprised of approximately 6.1 acres, located at the northeast corner of the
intersection of Route 125 (Osgood Street) and Orchard Hill Road in North Andover, MA. The site is
bound by Route 125 and the former Lucent Technologies' Merrimack Valley Works facility to the
west, Orchard Hill Road to the south, and undeveloped land to the north and east. The site
currently contains two vacant single-family residences. The project consists of razing the existing
structures and constructing a 3,800 square foot convenience store that will include a donut shop
with a drive-through window, and a gasoline station with 10 vehicle fueling positions on the western
portion of the site, as shown on the site plan.
Access to the site will be provided from Route 125 via one full-access/egress driveway, which will
form the fourth leg to the existing signalized intersection of Route 125 and the former Lucent
Technologies' south driveway. The gas station/convenience store project by itself does not trip any
MEPA review thresholds. The eastern portion of the site development has not been determined. A
Notice of Project Change (NPC) will be filed once the development scheme has been finalized for
that portion of the site development.
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LAND SECTION —all proponents must fill out this section
I. Thresholds/Permits
A. Does the project meet or exceed any review thresholds related to land (see 301 CMR 11.03(1)
_Yes X_No; if yes, specify each threshold:
11. Impacts and Permits
A. Describe, in acres,the current and proposed character of the project site, as follows:
Existing Change Total
Footprint of buildings _0.01_ _+0.08_ _0.09_
Roadways, parking, and other paved areas _0.01_ _+0.13 _0.14_
Other altered areas (describe) _0 +0.15_ _0.15_
Undeveloped areas _0.98_ --0.28— _0.70_
B. Has any part of the project site been in active agricultural use in the last three years?
_Yes _X_No; if yes, how many acres of land in agricultural use(with agricultural soils)will be
converted to nonagricultural use?
C. Is any part of the project site currently or proposed to be in active forestry use?
_Yes X_No; if yes, please describe current and proposed forestry activities and indicate
whether any part of the site is the subject of a DEM-approved forest management plan:
D. Does any part of the project involve conversion of land held for natural resources purposes in
accordance with Article 97 of the Amendments to the Constitution of the Commonwealth to any
purpose not in accordance with Article 97?_Yes X No; if yes, describe:
E. Is any part of the project site currently subject to a conservation restriction, preservation
restriction, agricultural preservation restriction or watershed preservation restriction? Yes
No; if yes, does the project involve the release or modification of such restriction? _Yes
_No; if yes, describe:
F. Does the project require approval of a new urban redevelopment project or a fundamental change
in an existing urban redevelopment project under M.G.L.c.121 A? _Yes X No; if yes,
describe:
G. Does the project require approval of a new urban renewal plan or a major modification of an
existing urban renewal plan under M.G.L.c.121 B?Yes _No —X—; if yes, describe:
H. Describe the project's stormwater impacts and, if applicable, measures that the project will take to
comply with the standards found in DEP's Stormwater Management Policy:
The site stormwater system consists of a series of deep sump, hooded catch basins connecting to
manholes and/or Stormceptor treatment systems, three Stormceptors in all. All stormwater
collected via this closed drainage system discharges into two separate underground detention
systems consisting of 48-inch diameter solid, watertight, HDPE pipes. These systems then
discharge via outlet control structures to grass lined stormwater conveyance channels leading to
level spreaders which work to convert concentrated channel flow into sheet flow leading to the
wetlands design point.
Standard#3(Groundwater Recharge).All roof runoff from the canopy and convenience store will
discharge into an underground infiltration system consisting of 24-inch diameter perforated
HDPE pipes in a bed of crushed stone, with a 40 percent void ratio. This infiltration system was
sized to store the required volume from the bottom of the stone bed to the invert out. The invert
out of this infiltration system works as an emergency overflow device for large storm events and
discharges into Underground Detention System#2.
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Standard #4 (TSS Removal) is achieved through street sweeping and the best management
practices (bmp) previously discussed, i.e. deep sump, hooded catch basins and the Stormceptor
Treatment systems.If properly installed and maintained, these BMP's, along with the Operation
and Maintenance schedule (Standard #9), ensure compliance with the DEP Stormwater
Management Policy.
I. Is the project site currently being regulated under M.G.L.c.21 E or the Massachusetts
Contingency Plan? Yes _No —X—; if yes,what is the Release Tracking Number(RTN)?
J. If the project is site is within the Chicopee or Nashua watershed, is it within the Quabbin,
Ware, or Wachusett subwatershed?_Yes No; if yes, is the project site subject to
regulation under the Watershed Protection Act?_Yes _No
K. Describe the project's other impacts on land:
The proposed project is redevelopment of a site that currently supports land uses consisting of
vacant residential homes. Overall, the project will be an improvement by providing a cohesive,
well-maintained development with modern Best Management Practices for storm water runoff.
III.. Consistency
A. Identify the current municipal comprehensive land use plan and the open space plan and describe
the consistency of the project and its impacts with that plan(s):
The 2000 North Andover Open Space and Recreation Plan, and the Community
Development Plan of 2004 were reviewed with respect to the project. The project will
have no impact on the open space plan as the site is currently developed and not
planned for use as open space. The Master Plan identified the former Lucent building
across the street as a major redevelopment project, and the proposed project will not
preclude any redevelopment of the former Lucent site.
B. Identify the current Regional Policy Plan of the applicable Regional Planning Agency and describe
the consistency of the project and its impacts with that plan:
The Economic Development Strategy for the Merrimack Valley, prepared by the
Merrimack Valley Planning Commission Council, was reviewed. The objectives of this
plan are to sustain economic recovery and competitiveness, and to promote further
diversification of the economic base of the 15 cities and towns in the Merrimack Valley.
This project will be consistent with the Economic Development Strategy by promoting
retailing.
9
C. Will the project require any approvals under the local zoning by-law or ordinance (i.e.text or map
amendment, special permit, or variance)? Yes _X_No _; if yes, describe: Special permit
for Site Plan Review and Approval.
D.Will the project require local site plan or project impact review?
_X_Yes _No; if yes, describe: Site Plan Review and Approval will be required from local
Planning Board.
RARE SPECIES SECTION
1. Thresholds/Permits
A. Will the project meet or exceed any review thresholds related to rare species or habitat(see 301
CMR 11.03(2))? _Yes X No; if yes, specify, in quantitative terms:
B. Does the project require any state permits related to rare species or habitat? _Yes X No
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C. If you answered"No"to both questions A and B, proceed to the Wetlands,Waterways,and
Tidelands Section. If you answered"Yes"to either question A or question B,fill out the
remainder of the Rare Species section below.
II. Impacts and Permits
A. Does the project site fall within Priority or Estimated Habitat in the current Massachusetts Natural
Heritage Atlas (attach relevant page)? —Yes_No. If yes,
1. Which rare species are known to occur within the Priority or Estimated Habitat(contact:
Environmental Review, Natural Heritage and Endangered Species Program, Route 135,
Westborough, MA 01581, allowing 30 days for receipt of information):
2. Have you surveyed the site for rare species? _Yes_No; if yes, please include the
results of your survey.
3. If your project is within Estimated Habitat, have you filed a Notice of Intent or received an
Order of Conditions for this project? —Yes_No; if yes, did you send a copy of the
Notice of Intent to the Natural Heritage and Endangered Species Program, in accordance
with the Wetlands Protection Act regulations? _Yes_No
B. Will the project"take"an endangered, threatened, and/or species of special concern in
accordance with M.G.L. c.1 31A(see also 321 CMR 10.04)? _Yes _No; if yes, describe:
C. Will the project alter"significant habitat"as designated by the Massachusetts Division of Fisheries
and Wildlife in accordance with M.G.L. c.1 31A(see also 321 CMR 10.30)? _Yes _No; if
yes, describe:
D. Describe the project's other impacts on rare species including indirect impacts (for example,
stormwater runoff into a wetland known to contain rare species or lighting impacts on rare moth
habitat):
WETLANDS, WATERWAYS, AND TIDELANDS SECTION
I. Thresholds/Permits
A. Will the project meet or exceed any review thresholds related to wetlands,waterways,and
tidelands (see 301 CMR 11.03(3))? _Yes X No; if yes, specify, in quantitative terms:
B. Does the project require any state permits(or a local Order of Conditions) related to wetlands,
waterways,or tidelands? X Yes No; if yes, specify which permit: local order of
conditions
C. If you answered"No"to both questions A and B, proceed to the Water Supply Section. If you
answered"Yes"to either question A or question B,fill out the remainder of the Wetlands,
Waterways, and Tidelands Section below.
II. Wetlands Impacts and Permits
A. Describe any wetland resource areas currently existing on the project site and indicate them on
the site plan: The site has an intermittent stream with associated Bordering Vegetated
Wetlands(BVW).The BVW boundary is located on the site plan.
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B. Estimate the extent and type of impact that the project will have on wetland resources, and
indicate whether the impacts are temporary or permanent:
Coastal Wetlands Area(in square feet)or Length (in linear feet)
Land Under the Ocean
Designated Port Areas
Coastal Beaches
Coastal Dunes
Barrier Beaches
Coastal Banks
Rocky Intertidal Shores
Salt Marshes
Land Under Salt Ponds
Land Containing Shellfish
Fish Runs
Land Subject to Coastal Storm Flowage
Inland Wetlands
Bank
Bordering Vegetated Wetlands
Land under Water
Isolated Land Subject to Flooding
Bordering Land Subject to Flooding
Riverfront Area
C. Is any part of the project
1. a limited project? —Yes _X_No
2. the construction or alteration of a dam? _Yes _X_No; if yes, describe:
3. fill or structure in a velocity zone or regulatory floodway? _Yes _X_No
4. dredging or disposal of dredged material? _Yes _X_No; if yes, describe the volume
of dredged material and the proposed disposal site:
5. a discharge to Outstanding Resource Waters? _Yes _X_No
6. subject to a wetlands restriction order? _Yes _X_No; if yes, identify the area(in
square feet):
D. Does the project require a new or amended Order of Conditions under the Wetlands Protection
Act(M.G.L. c.131A)? _X_Yes _No; if yes, has a Notice of Intent been filed or a local Order
of Conditions issued? _X_Yes _No; if yes, list the date and DEP file number: 4/28/06 242-
1355 . Was the Order of Conditions appealed? _Yes _No. Will the project require a
variance from the Wetlands regulations?_Yes _X_No.
E. Will the project:
1. be subject to a local wetlands ordinance or bylaw? _X_Yes _No
2. alter any federally-protected wetlands not regulated under state or local law?
_Yes _X_No; if yes,what is the area (in s.f.)?
F. Describe the project's other impacts on wetlands (including new shading of wetland areas or
removal of tree canopy from forested wetlands): No impacts to wetlands.
III. Waterways and Tidelands Impacts and Permits
A. Is any part of the project site waterways or tidelands (including filled former tidelands)that are
subject to the Waterways Act, M.G.L.c.91? Yes _X_No; if yes, is there a current Chapter
91 license or permit affecting the project site? _Yes _No; if yes, list the date and number:
B. Does the project require a new or modified license under M.G.L.c.91? _Yes _X_No; if
yes, how many acres of the project site subject to M.G.L.c.91 will be for non-water dependent
use? Current _ Change _ Total _
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C. Is any part of the project
1. a roadway, bridge, or utility line to or on a barrier beach? _Yes _X No; if yes,
describe:
2. dredging or disposal of dredged material? _Yes _X_No; if yes, volume of dredged
material
3. a solid fill, pile-supported, or bottom-anchored structure in flowed tidelands or other
waterways? _Yes _X_No; if yes,what is the base area?
4. within a Designated Port Area? _Yes _X_No
D. Describe the project's other impacts on waterways and tidelands: N/A
IV. Consistency:
A. Is the project located within the Coastal Zone? _Yes _X_No; if yes, describe the project's
consistency with policies of the Office of Coastal Zone Management:
B. Is the project located within an area subject to a Municipal Harbor Plan? _Yes X_No; if
yes, identify the Municipal Harbor Plan and describe the project's consistency with that plan:
WATER SUPPLY SECTION
I. Thresholds/Permits
A. Will the project meet or exceed any review thresholds related to water supply(see 301 CMR
11.03(4))? —Yes _X_No; if yes, specify, in quantitative terms:
B. Does the project require any state permits related to water supply? _Yes _X_No; if yes,
specify which permit:
C. If you answered "No"to both questions A and B, proceed to the Wastewater Section. If you
answered "Yes"to either question A or question B,fill out the remainder of the Water Supply
Section below.
II. Impacts and Permits
A. Describe, in gallons/day,the volume and source of water use for existing and proposed activities
at the project site:
Existinq Change Total
Withdrawal from groundwater
Withdrawal from surface water
Interbasin transfer
Municipal or regional water supply
B. If the source is a municipal or regional supply, has the municipality or region indicated that there is
adequate capacity in the system to accommodate the project?_Yes _No
C. If the project involves a new or expanded withdrawal from a groundwater or surface water source,
1. have you submitted a permit application? _Yes _No; if yes, attach the application
2. have you conducted a pump test? —Yes _No; if yes, attach the pump test report
D. What is the currently permitted withdrawal at the proposed water supply source (in gallons/day)?
Will the project require an increase in that withdrawal?_Yes _No
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E. Does the project site currently contain a water supply well, a drinking water treatment facility,
water main,or other water supply facility, or will the project involve construction of a new facility?
_Yes _No. If yes, describe existing and proposed water supply facilities at the project site:
Existing Change Total
Water supply well(s) (capacity, in gpd)
Drinking water treatment plant(capacity, in gpd)
Water mains(length, in miles)
F. If the project involves any interbasin transfer of water, which basins are involved,what is the
direction of the transfer, and is the interbasin transfer existing or proposed?
G. Does the project involve
1. new water service by a state agency to a municipality or water district? _Yes _No
2. a Watershed Protection Act variance? _Yes _No; if yes, how many acres of
alteration?
3. a non-bridged stream crossing 1,000 or less feet upstream of a public surface drinking
water supply for purpose of forest harvesting activities? _Yes _No
H. Describe the project's other impacts (including indirect impacts)on water resources, quality,
facilities and services:
III. Consistency--Describe the project's consistency with water conservation plans or other plans to
enhance water resources, quality, facilities and services:
WASTEWATER SECTION
I. Thresholds/Permits
A. Will the project meet or exceed any review thresholds related to wastewater(see 301 CMR
11.03(5))? _Yes X No; if yes, specify, in quantitative terms:
B. Does the project require any state permits related to wastewater? _Yes X No; if yes,
specify which permit:
C. If you answered "No"to both questions A and B, proceed to the Transportation --Traffic
Generation Section. If you answered "Yes"to either question A or question B, fill out the
remainder of the Wastewater Section below.
II. Impacts and Permits
A. Describe, in gallons/day, the volume and disposal of wastewater generation for existing and
proposed activities at the project site (calculate according to 310 CMR 15.00):
Existing Change Total
Discharge to groundwater(Title 5)
Discharge to groundwater(non-Title 5)
Discharge to outstanding resource water
Discharge to surface water
Municipal or regional wastewater facility
TOTAL
B. Is there sufficient capacity in the existing collection system to accommodate the project?
_Yes _No; if no, describe where capacity will be found:
C. Is there sufficient existing capacity at the proposed wastewater disposal facility?_Yes _No;
if no, describe how capacity will be increased:
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D. Does the project site currently contain a wastewater treatment facility, sewer main, or other
wastewater disposal facility, or will the project involve construction of a new facility? _Yes
No. If yes, describe as follows:
Existing Chane Total
Wastewater treatment plant(capacity, in gpd)
Sewer mains (length, in miles)
Title 5 systems (capacity, in gpd)
E. If the project involves any interbasin transfer of wastewater,which basins are involved, what is the
direction of the transfer, and is the interbasin transfer existing or proposed?
F. Does the project involve new sewer service by an Agency of the Commonwealth to a municipality
or sewer district? Yes No
G. Is there any current or proposed facility at the project site for the storage, treatment, processing,
combustion or disposal of sewage sludge, sludge ash, grit, screenings, or other sewage residual
materials? _Yes _No; if yes, what is the capacity(in tons per day):
Existing Change Total
Storage
Treatment, processing
Combustion
Disposal
H. Describe the project's other impacts(including indirect impacts)on wastewater generation and
treatment facilities:
III. Consistency--Describe measures that the proponent will take to comply with federal, state,
regional, and local plans and policies related to wastewater management:
A. If the project requires a sewer extension permit, is that extension included in a comprehensive
wastewater management plan? _Yes _No; if yes, indicate the EOEA number for the plan
and describe the relationship of the project to the plan
TRANSPORTATION --TRAFFIC GENERATION SECTION
I. Thresholds/Permits
A. Will the project meet or exceed any review thresholds related to traffic generation (see 301
CMR 11.03(6))? _Yes X_No; if yes, specify, in quantitative terms:
B. Does the project require any state permits related to state-controlled roadways? _X_Yes
_No; if yes, specify which permit: This project requires a Highway Access Permit
from MassHighway for access to Route 125.
C. If you answered"No"to both questions A and B, proceed to the Roadways and Other
Transportation Facilities Section. If you answered "Yes"to either question A or question
B, fill out the remainder of the Traffic Generation Section below.
II. Traffic Impacts and Permits
A. Describe existing and proposed vehicular traffic generated by activities at the project site:
Existing Change Total
Number of parking spaces 0 30 _30_
Number of vehicle trips per day _0 _1,800_ _1,800_
ITE Land Use Code(s): ITE Land Use Code 945 (Gasoline/Service Station)
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B. What is the estimated average daily traffic on roadways serving the site?
Roadway Existing Change Total
1. Route 125 north of site _16,300_ _675_ _16,975_
2. Route 125 south of site _16,300_ _675_ _16,975_
3.
C. Describe how the project will affect transit, pedestrian and bicycle transportation facilities and
services: There are no nearby pedestrian or bicycle facilities.The Merrimack Valley
Regional Transit Authority operates a bus route between Bradford and Ward Hill,with
a stop at the former Lucent Technologies site across the street from the site.The
proposed project will not affect this bus stop.
III. Consistency-- Describe measures that the proponent will take to comply with municipal, regional,
state, and federal plans and policies related to traffic, transit, pedestrian and bicycle transportation
facilities and services: Proposed improvements will be constructed in accordance with the
standards of MassHighway and the Town of North Andover.
ROADWAYS AND OTHER TRANSPORTATION FACILITIES SECTION
I. Thresholds
A. Will the project meet or exceed any review thresholds related to roadways or other
transportation facilities (see 301 CMR 11.03(6))? _Yes X No; if yes, specify, in
quantitative terms:
B. Does the project require any state permits related to roadways or other transportation
facilities? —Yes _X_No; if yes, specify which permit:
C. If you answered"No"to both questions A and B, proceed to the Energy Section. If you
answered "Yes"to either question A or question B,fill out the remainder of the Roadways Section
below.
II. Transportation Facility Impacts
A. Describe existing and proposed transportation facilities at the project site:
Existing Change Total
Length (in linear feet)of new or widened roadway
Width (in feet)of new or widened roadway
Other transportation facilities:
B. Will the project involve any
1. Alteration of bank or terrain (in linear feet)?
2. Cutting of living public shade trees (number)?
3. Elimination of stone wall (in linear feet)?
III. Consistency--Describe the project's consistency with other federal, state, regional, and local plans
and policies related to traffic, transit, pedestrian and bicycle transportation facilities and services,
including consistency with the applicable regional transportation plan and the Transportation
Improvements Plan (TIP), the State Bicycle Plan, and the State Pedestrian Plan:
- 11 -
ENERGY SECTION
I. Thresholds/Permits
A.Will the project meet or exceed any review thresholds related to energy(see 301 CMR 11.03(7))?
_Yes X_No; if yes, specify, in quantitative terms:
B. Does the project require any state permits related to energy? _Yes X_No; if yes, specify
which permit:
C. If you answered "No"to both questions A and B, proceed to the Air Quality Section. If you
answered '"Yes"to either question A or question B, fill out the remainder of the Energy Section
below.
II. Impacts and Permits
A. Describe existing and proposed energy generation and transmission facilities at the project site:
Existing Change Total
Capacity of electric generating facility(megawatts)
Length of fuel line (in miles)
Length of transmission lines (in miles)
Capacity of transmission lines (in kilovolts)
B. If the project involves construction or expansion of an electric generating facility,what are
1. the facility's current and proposed fuel source(s)?
2. the facility's current and proposed cooling source(s)?
C. If the project involves construction of an electrical transmission line,will it be located on a new,
unused, or abandoned right of way?_Yes _No; if yes, please describe:
D. Describe the projects other impacts on energy facilities and services:
III. Consistency-- Describe the project's consistency with state, municipal, regional, and federal plans
and policies for enhancing energy facilities and services:
AIR QUALITY SECTION
I. Thresholds
A. Will the project meet or exceed any review thresholds related to air quality(see 301 CMR
11.03(8))? _Yes X No; if yes, specify, in quantitative terms:
B. Does the project require any state permits related to air quality? _Yes X_No; if
yes, specify which permit:
C. If you answered"No"to both questions A and B, proceed to the Solid and Hazardous Waste
Section. If you answered"Yes"to either question A or question B,fill out the remainder of the
Air Quality Section below.
-12-
II. Impacts and Permits
A. Does the project involve construction or modification of a major stationary source(see 310 CMR
7.00,Appendix A)?_Yes _No; if yes, describe existing and proposed emissions (in tons
per day)of:
Existing Change Total
Particulate matter
Carbon monoxide
Sulfur dioxide
Volatile organic compounds
Oxides of nitrogen
Lead
Any hazardous air pollutant
Carbon dioxide
B. Describe the project's other impacts on air resources and air quality, including noise impacts:
Ill. Consistency
A. Describe the project's consistency with the State Implementation Plan:
B. Describe measures that the proponent will take to comply with other federal, state, regional, and
local plans and policies related to air resources and air quality:
SOLID AND HAZARDOUS WASTE SECTION
I. Thresholds/Permits
A. Will the project meet or exceed any review thresholds related to solid or hazardous waste (see
301 CMR 11.03(9))? _Yes _X_No; if yes, specify, in quantitative terms:
B. Does the project require any state permits related to solid and hazardous waste? _Yes
X_No; if yes, specify which permit:
C. If you answered"No"to both questions A and B, proceed to the Historical and Archaeological
Resources Section. If you answered "Yes"to either question A or question B, fill out the
remainder of the Solid and Hazardous Waste Section below.
Il. Impacts and Permits
A. Is there any current or proposed facility at the project site for the storage, treatment, processing,
combustion or disposal of solid waste?_Yes _No; if yes,what is the volume (in tons per
day)of the capacity:
Existing Change Total
Storage
Treatment, processing
Combustion
Disposal
B. Is there any current or proposed facility at the project site for the storage, recycling, treatment or
disposal of hazardous waste?_Yes _No; if yes,what is the volume(in tons or gallons per
day)of the capacity:
Existing Change Total
Storage
Recycling
Treatment
Disposal
-13-
C. If the project will generate solid waste(for example, during demolition or construction), describe
alternatives considered for re-use, recycling, and disposal:
D. If the project involves demolition, do any buildings to be demolished contain asbestos?
Yes No
E. Describe the project's other solid and hazardous waste impacts (including indirect impacts):
III. Consistency--Describe measures that the proponent will take to comply with the State Solid Waste
Master Plan:
HISTORICAL AND ARCHAEOLOGICAL RESOURCES SECTION
I. Thresholds I Impacts
A. Is any part of the project site a historic structure, or a structure within a historic district, in either
case listed in the State Register of Historic Places or the Inventory of Historic and Archaeological
Assets of the Commonwealth? Yes X_No; if yes, does the project involve the demolition
of all or any exterior part of such historic structure? _Yes _No; if yes, please describe:
B. Is any part of the project site an archaeological site listed in the State Register of Historic Places
or the Inventory of Historic and Archaeological Assets of the Commonwealth? _Yes _X_
No; if yes, does the project involve the destruction of all or any part of such archaeological site?
Yes _No; if yes, please describe:
C. If you answered "No"to all parts of both questions A and B, proceed to the Attachments and
Certifications Sections. If you answered"Yes"to any part of either question A or question B,fill
out the remainder of the Historical and Archaeological Resources Section below.
D. Have you consulted with the Massachusetts Historical Commission? _Yes _No; if yes,
attach correspondence
E. Describe and assess the project's other impacts, direct and indirect, on listed or inventoried
historical and archaeological resources:
II. Consistency-- Describe measures that the proponent will take to comply with federal, state,
regional, and local plans and policies related to preserving historical and archaeological resources:
ATTACHMENTS:
1. Plan, at an appropriate scale, of existing conditions of the project site and its immediate
context, showing all known structures, roadways and parking lots, rail rights-of-way,wetlands
and water bodies,wooded areas, farmland, steep slopes, public open spaces, and major
utilities.
2. Plan of proposed conditions upon completion of project(if construction of the project is
proposed to be phased,there should be a site plan showing conditions upon the completion
of each phase).
3. Original U.S.G.S. map or good quality color copy(8 Y2 x 11 inches or larger) indicating the
project location and boundaries
4 List of all agencies and persons to whom the proponent circulated the ENF, in accordance
with 301 CMR 11.16(2).
5. Other:
-14-
CERTIFICATIONS:
1. The Public Notice of Environmental Review has been/wili be published in the following
newspapers in accordance with 301 CMR 11.15(1):
Lawrence Eagle Tribune May 15,2006
2. This form s' cir lat to Agencies and Persons in accordance with 301 CMR 11.16(2).
Date Sign e o Responsibl Officer Date Signature of person preparing
or Proponent ENF(if different from above)
David E.Murray Eric Eby
Name(print or type) Name(print or type)
Firm/Agency 1503 Osgood Street. LLC Firm/Agency Greenman-Pedersen, Inc.
Street 2 Bridgeview Circle Street 61 Spit Brook Road,Suite 110
Municipality/StatefZip Tyngsborough,MA 01879 Municipality/State/Zip Nashua, NH 03060
Phone (978)376-4997 Phone(603)891-2213
ENVIRONMENTAL NOTIFICATION FORM
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CIRCULATION LIST
Secretary Stephen R. Pritchard Merrimack Valley Planning Commission
Executive Office of Environmental Affairs 160 Main Street
Attn: MEPA Office Haverhill,MA 01830-5000
100 Cambridge Street, Suite 900
Boston,MA 02114 Natural Heritage and Endangered Species Program
Commonwealth of Massachusetts
Executive Office of Environmental Affairs Route 135
Undersecretary for Policy Westborough,MA 01581
c/o Nancy Gabriel-Sackie
100 Cambridge Street, Suite 900 Massachusetts Bay Transit Authority
Boston,MA 02114 Attn: MEPA Coordinator
10 Park Plaza, 6h Floor
Department of Environmental Protection Boston,MA 02216-3966
Commissioner's Office
One Winter Street North Andover Board of Selectmen
Boston,MA 02108 Attn: Rosemary Connelly Smedile, Chairman
North Andover Town Offices
DEP/Northeast Regional Office 120 Main Street
Attn: MEPA Coordinator North Andover,MA 01845
205B Lowell Street
Wilmington,MA 01887 North Andover Planning Department
Attn: Lincoln Daley, Town Planner
Executive Office of Transportation 1600 Osgood Street
Attn: Environmental Reviewer North Andover,MA 01845
10 Park Plaza,Room 3510
Boston,MA 02116-3969 North Andover Conservation Commission
Attn: Scott Masse, Chairman
Massachusetts Highway Department 1600 Osgood Street
Public/Private Development Unit North Andover,MA 01845
10 Park Plaza,Room 4150
Boston,MA 02116 North Andover Health Department
Attn: Susan Sawyer,Director
Massachusetts Highway Department—District 4 1600 Osgood Street
Attn: MEPA Coordinator North Andover,MA 01845
519 Appleton Street
Arlington,MA 02476
Massachusetts Aeronautics Commission
Attn:MEPA Coordinator
10 Park Plaza,Room 3510
Boston,MA 02116
The Massachusetts Historical Commission
The MA Archives Building
220 Morrissey Boulevard
Boston,MA 02125
Massachusetts Department of Environmental Protection 13
Bureau of Resource Protection - Drinking Water Program
BRP WS 06 a b c X234876
> > Transmittal Number
Registration of Discharges to Underground Injection Wells ❑
BRP WS 06 Modification to an Existing UIC Registration ❑
F. Affidavit
The injection well(s)described above is used for placement or injection of fluids into the ground. I/we
understand that this well is subject to inventory requirements and compliance with the regulations
under the Underground Injection Control Program established pursuant to the Safe Drinking Water
Act, P.L. 93-523, and amendments, and I/we hereby serve notice that the well is proposed or in
service.
I/we agree:
1. That the well(s)described herein will not be used for discharges other than those described
above;
2. That I/we will notify the Massachusetts Drinking Water Program/UIC Program (on forms provided
by the UIC program) if any of the information (including Ownership, Location or Type of
discharge)for the above well(s)changes, but before the change (30 days minimum notice on
ownership/operator and 60 day notice on all other changes);
3. That I/we will notify Massachusetts Drinking Water Program/UIC Program (on forms provided
by the UIC program—Pre-Closure Notification Form)when the above well(s) is no longer in use,
but before abandonment and file a Post Closure Notification Form within seven days of
completing the closure with the UIC program.
4. That I/we will maintain financial responsibility for the well described above; and
5. That I/we will provide a sampling tap(approved by MassDEP)and allow sampling at the point of
injection.
[/We certify under penalty of law that I/we have personally examined and am/are familiar with the
information submitted in this document and all attachments and based on my personal knowledge or
inquiry of those individuals immediately responsible for obtaining the information. I/We believe the
eE
ii
ccurate, and complete. I/we am/are aware that there are significant penalties for
mation, including possible fines and i risonment.
X1110
Signature o rep er Date
C4r4s-r,--F e1z_ " --rw4u1..4 _ cdEC::r P�La�IAr�ER
Printed Name of Preparer Position/Title
ws06abc.doc•rev.02/10 BRP WS O6 a,b,c-Registration of Discharges to Underground Injection Wells•Page 8 of 9
Massachusetts Department of Environmental Protection
Bureau of Resource Protection - Drinking Water Program
BRP WS 06 a,b,c X234876
Registration of Discharges to Underground Injection Wells El Transmittal Number
BRP WS 06 Modification to an Existing UIC Registration ❑
Questions
Any questions may be directed to the UIC Program at(617) 348-4014 or to the UIC Contact at your
Regional MassDEP Office.
Find your region: http://mass,gov/der)/about/region/findyour.htm
Submit Application to:
MassDEP
Drinking Water Program
1 Winter Street—5th Floor,
Boston, MA 02108
Attn: UIC Program
MAILING ADDRESSES
UIC Program, MassDEP Northeast Regional Office(NERO),
205b Lowell Street, Wilmington, MA 01887
UIC Program, MassDEP Southeast Regional Office(SERO),
20 Riverside Dr., Lakeville, MA 02347
UIC Program, MassDEP Central Regional Office (CERO),
627 Main Street, Worcester, MA 01608
UIC Program, MassDEP Western Regional Office(WERO),
State House West, 4th Floor,436 Dwight Street, Springfield, MA 01103
UIC Program, MassDEP Boston Office,
One Winter Street—5th Floor, Boston, MA 02108
SERVICE CENTER PHONE NUMBERS:
Northeast Regional Office 978-694-3200
Southeast Regional Office 508-946-2714
Central Regional Office 508-792-7683
Western Regional Office 413-755-2214
Send duplicate copies of all forms to:
Local Board of Health
Local Plumbing Inspector
ws06abc.doc-rev.02/10 BRP WS O6 a,b,c-Registration of Discharges to Underground Injection Wells-Page 9 of 9
. 23
Massachusetts Department of Environmental Protection Provided by MassDEP:
--� Bureau of Resource Protection-Wetlands MassDEP File#:242-1478
MTA Form 5 -Order of Conditions eDEP Transaction#:324275
s' 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.1711 Amended OOC
3.Applicant Details
a.First Name NICHOLAS b.Last Name 14ERAS
c.Organization HERA DEVELOPMENT CORPORATION
d.Mailing Address PO BOX 67141
e.City/Town CHESTNUT HILL f.State MA g.Zip Code 02467
4.Property Owner
a.First Name b.Last Name
c.Organization
d.Mailing Address
e.City/Town f.State g.Zip Code
5.Project Location
a.Street Address 1503 OSGOOD STREET
b.City/Town NORTH ANDOVER c.Zip Code 01845
d.Assessors Map/Plat#34 e.Parcel/Lot# 7
f.Latitude 42.72929N g.Longitude 71.11231W
6.Property recorded at the Registry of Deed for:
a.County b.Certificate c.Book d.Page
NORTHERN ESSEX 11775 298
7.Dates
a.Date NOI Filed:5/28/2010 b.Date Public Hearing Closed: 7/28/2010 c.Date Of Issuance:7/29/2010
8.17inal Approved Plans and Other Documents
a.Plan Title: b.Plan Prepared by: c.Plan Signed/Stamped by: d.Revised Final Date: e.Scale:
PROPOSED SITE.
DEVELOPMENT MHF DESIGN
PLANS 1503 CONSULTANTS,INC FRANK MONTEIRO P.E. July 16,2010 1"=20'
OSGOOD(ROUTE
125)
Page 1 of 10* ELECTRONIC COPY
r
a4
Massachusetts Department of Environmental Protection Provided by MassDEP:
Bureau of Resource Protection-Wetlands MassDEP File#:242-1478
WPA Form 5-Order of Conditions eDEP Transaction#:324275
Massachusetts Wetlands Protection Act M.G.L.c. 131,§40
City/Town:NORTH ANDOVER
Ll
B. Findings
1.Findings pursuant to the Massachusetts Wetlands Protection Act
Following the review of the the above-referenced Notice of Intent and based on the information provided in this application and
presented at the public hearing,this Commission 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. [7. Land Containing Shellfish c.r Prevention of Pollution
d. r Private Water Supply e. r!.Fisheries f. F Protection of Wildlife Habitat
g. r Ground Water Supply h. r! Storm Damage Prevention i. C' Flood Control
2.Commission hereby finds the project,as proposed,is:
Approved subject to:
a.r 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.r 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.r Buffer Zone Impacts:Shortest distance between limit of project disturbance and the wetland resource 26
area specified in 310CMR10.02(1)(a). a linear feet
Inland Resource Area Impacts:(ForApprovals Only):
Resource Area Proposed Permitted Proposed Permitted
Alteration Alteration Replacement Replacement
4. G 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
Page 2 of 10*ELECTRONIC COPY
Massachusetts Department of Environmental Protection Provided by MassDEP:
Bureau of Resource Protection-Wetlands MassDEP File#:242-1478
WPA Form 5 -Order of Conditions eDEPTransaction#:324275
t Massachusetts Wetlands Protection Act M.G.L.c. 131,§40
City/Town:NORTH ANDOVER
e.c/y dredged f.c/y dredged `
7.r Bordering Land Subject to Flooding
a square feet b.square feet c.square feet d.square feet
Cubic Feet Flood Storage
e.cubic feet f.cubic feet g.cubic feet h.cubic feet
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.r 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 It
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.F,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.f"i Coastal Beaches
a square feet b.square feet c.c/y nourishment d.c/y nourishment
14.r—,'Coastal Dunes
-Z—square feet b.square feet c.c/y nourishment d.c/y nourishment
15.G Coastal Banks
a linear feet b.linear feet
16.C!Rocky Intertidal Shores
a square feet b.square feet
17.r Salt Marshes
a square feet b.square feet c.square feet d.square feet
18.r, Land Under Salt Ponds
a square feet b.square feet
c,c/y dredged d.c/y dredged
Page 3 of 10*ELECTRONIC COPY
Massachusetts Department of Environmental Protection Provided by MassDEP:
��-- Bureau of Resource Protection-Wetlands MassDEP File#:242-1478
? WPA Form 5-Order of Conditions eDEP Transaction#:324275
City/Town:NORTH ANDOVER
t Massachusetts Wetlands Protection Act M.G.L.c. 131,§40
19.r Land Containing Shellfish
a square feet b.square feet c.square feet d.square feet
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.rl Land Subject to Coastal Storm Flowage
a..square feet b.square feet
22.
ri Restoration/Enhancement(For Approvals Only)
If the project is for the purpose of restoring or enhancing a wetland resource area in addition to the square footage that has been
entered in Section B.5.c&d or B.17.c&d above,please entered the additional amount here.
a.square feet of BV W b.square feet of Salt Marsh
23.
Fi 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,
Page 4 of 10*ELECTRONIC COPY
5 4
�1
Massachusetts Department of Environmental Protection Provided by MassDEP:
Bureau of Resource Protection-Wetlands MassDEP File#:242-1478
eDEP Transaction#:324275
WPL11A Form 5-Order of Conditions City/Town:NORTH ANDOVER
Massachusetts Wetlands Protection Act M.G.L.c. 131,§40
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,
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:"242-1478"
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)F1 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 storrnwater 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
Page 5 of 10* ELECTRONIC COPY
Massachusetts Department of Environmental Protection Provided by MassDEP:
- Bureau of Resource Protection-Wetlands MassDEP File#:242-1478
WPA Form 5 -Order of Conditions eDEP Transaction#:324275
s ` Massachusetts Wetlands Protection Act M.G.L.c. 131,§40 Cityffown:NORTH ANDOVER
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
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 stonnwater BMP Operation and Maintenance Plan("O&M Plan")and certifying the following:i.)the O&M
Plan is complete and will be implemented upon receipt of the Certificate of Compliance,and ii.)the future responsible 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 Permit.
e) Unless and until another party accepts responsibility,the landowner,or owner of any drainage easement,assumes
responsibility for maintaining each BMP.To overcome this presumption,the landowner of the property must submit to the
issuing authority a legally binding agreement of record,acceptable to the issuing authority,evidencing that another entity has
accepted responsibility for maintaining the BMP,and that the proposed responsible party shall be treated as a permittee for
purposes of implementing the requirements of Conditions 19(o 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
f} The responsible party shall operate and maintain all stormwater BMPs in accordance with the design plans,the 0&M Plan,
and the requirements of the Massachusetts Stormwater Handbook.
g) The responsible party shall:
1.Maintain an operation and maintenance log for the last three(3)consecutive calendar years of inspections,repairs,
maintenance and/or replacement of the stormwater management system or any part thereof,and disposal(for disposal the
log shall indicate the type of material and the disposal location);
2.Make the maintenance log available to MassDEP and the Conservation Commission("Commission")upon request;and
3.Allow members and agents of the MassDEP and the Commission to enter and inspect the site to evaluate and ensure
that the responsible party is in compliance with the requirements for each BMP established in the O&M Plan approved by
the issuing authority.
h) All sediment or other contaminants removed from stormwater BMPs shall be disposed of in accordance with all applicable
federal,state,and local laws and regulations.
i) Illicit discharges to the stormwater management system as defined in 310 CMR 10.04 are prohibited.
j) The stormwater management system approved in the Order of Conditions shall not be changed without the prior written
approval of the issuing authority.
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.
)) Access for maintenance,repair,and/or replacement of BMPs shall not be withheld.Any fencing constructed around
Page 6 of 10*ELECTRONIC COPY
Massachusetts Department of Environmental Protection Provided by MassDEP:
Bureau of Resource Protection-Wetlands MassDEP File#:242-1478
WPA Form 5-Order of Conditions Transaction#:324275ons City/Town-NORTH ANDOVER
g` Massachusetts Wetlands Protection Act M.G.L.c. 131,§40
stonnwater BMPs shall include access gates and shall be at least six inches above grade to allow for wildlife passage.
Special Conditions:
SEE ATTACHED
Page 7 of 10 ELECTRONIC COPY
, � xx
�v
Massachusetts Department of Environmental Protection Provided by MassDEP:
Bureau of Resource Protection-Wetlands MassDEP File#:242-1478
WPA Form 5-Order of Conditions eDEP Transaction#:324275
` Massachusetts Wetlands Protection Act M.G.L.c. 131,§40 City/Town:NORTH ANDOVER
,
A Findings Under Municipal Wetlands Bylaw or Ordinance
I. Is a municipal wetlands bylaw or ordinance applicable?r Yes F 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.
r APPROVES the proposed work,subject to the following
additional conditions.
1.Municipal Ordinance or Bylaw NORTH ANDOVER 2.Citation CHAPTER 178
p Y WETLANDS 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
i
Massachusetts Department of Environmental Protection Provided by MassDEP:
Bureau of Resource Protection -Wetlands 242-1478
WPA Form 5 - Order of Conditions MassDEP File#
Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 eDEP Transaction#
ILI North Andover
City/Town
E. Signatures
This Order is valid for three years, unless otherwise specified as a special /�y /4
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 re uested)or and delivered to the applicant.A
copy also must be mailed or hand delivered at the same ti to the ap opriate Department of
Environmental Protection Regional Office,if not filing elect r ically, the property owner, if different
from applicant.
Signatures:pr
❑ by hand delivery on t]/by certified mail, return receipt
requested,on
�/a9y
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 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
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(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.
wpaform5.doc- rev.03/2/2010 Page 11 of 12
1
Massachusetts Department of Environmental Protection Provided by MassDEP:
Bureau of Resource Protection-Wetlands MassDEP File#:242-1478
WPA Form 5 -Order of Conditions eDEP Transaction#:324275
Massachusetts Wetlands Protection Act M.G.L.c. 131 §40
City/town-.NORTH ANDOVER
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:
1503 OSGOOD STREET 242-1478
Project Location MassDEP 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 Rev.4/1/2010
Page 10 of 10* ELECTRONIC COPY
I
DEP FILE#242 - 1478
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 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: The construction of a 16,527 square foot contractor's office
building with associated site work and appurtenances including a subsurface infiltration
and stormwater system, septic system expansion, and enclosed dumpster. Portions of the
work are within the 100-foot Buffer Zone to Bordering Vegetated Wetland (BVW) and
Inland Bank.
21. The work shall conform to the following:
Applicant: Nicholas Heras,Jr.
Hera Development Corporation
P.O Box 67141
Chestnut Hill, MA 02467
Property Owner: Nicholas Heras,Jr.
Service Bury, LLC
P.O Box 67141
Chestnut Hill, MA 02467
Representative: Curtis R. Young
Wetlands Preservation, Inc.
47 Newton Road
Plaistow, NH 03865
Notice of Intent Filed by: Curtis R. Young
Wetlands Preservation, Inc.
Date filed: May 26,2010
Site Plans prepared by: MHF Design Consultants,Inc.
44 Stiles Road,Suite One
Salem, NH 03079
Stampeded by: Frank Monteiro, P.E
242-1478,1503 Osgood St,Hera Dev.doc 1 NACC 7/29/2010
DEP FILE#242 - 1478
Record Plans: "Proposed Site Development Plans, Assessors Map 34 Lot 7
1503 Osgood Street(Route 125)/Orchard Hill Road,
North Andover, Massachusetts 01845",Sheets 1 - 10
Dated: May 13, 2010 and last revised July 16, 2010
Sheet 1 of 10 Title Sheet
Sheet 2 of 10 Existing Conditions Plan
Sheet 3 of 10 Site Overview Plan
Sheet 4 of 10 Site Plan
Sheet 5 of 10 Grading &Utilities Plan
Sheet 6 of 10 Erosion &Sediment Control Plan
Sheet 7 of 10 Landscape Plan
Sheet 8 of 10 Details
Sheet 9 of 10 Details
Sheet 10 of 10 Details
Additional Plans: "Truck Turn Plan", dated 6/28/10;
"Lighting Plan",Sheet A-1.5, dated 6/25/10;
"Elevations Sheet",Sheet A-2.0, dated 6/25/10;
Additional Floor Plan, No title and date
Record Documents: Stormwater Management Report
Map 34 Lot 7
1503 Osgood Street, North Andover, MA 01845
Prepared by: MHF Design Consultants, Inc.
Date: May 13,2010 and last revised: July 16, 2010
Operation& Maintenance Plan and Long Term Pollution
Prevention Plan for Stormwater Management Systems
Prepared by: MHF Design Consultants, Inc.
Date: May 24,2010 and last revised: July 21, 2010
Invasive Species Control Program
1503 osgood Street, North Andover, Massachusetts
Prepared by: Wetlands Preservation, Inc.
Date:July 13,2010
Notice of Project Change (EEA No. 13806)
Proposed Office/Warehouse Building
North Andover, Massachusetts
Prepared by: Greenman-Pedersen, Inc. (GPI)
61 Spit Brook Road,Suite 110
Nashua, New Hampshire 03060
Date: July 2, 2010
242-1478,1503 Osgood St,Hera Dev.doc 2 NACC 7/29/2010
DEP FILE#242 - 1478
Stormwater Review: Review letter prepared by Lisa Eggleston, P.E. dated June
9, 2010;
Response letter prepared by MHF Design Consultants, Inc.
dated June 28, 2010;
Letter prepared by MHF Design Consultants, Inc. to Judy
Tymon, Town Planner, dated June 28, 2010;
Review letter prepared by Lisa Eggleston, P.E. dated July 6,
2010;
Response letter prepared by MHF Design Consultants, Inc.
dated July 16,2010;
Review letter prepared by Lisa Eggleston, P.E. dated July
20, 2010;
Email correspondence prepared by MHF Design
Consultants to Lisa Eggleston, dated July 20, 2010;
Response letter prepared by MHF Desi�Consultants, Inc.
dated July 21, 2010.
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) and associated 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.
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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 years from the date of
this order.
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 (p.37) of the North
Andover Wetland Regulations).
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
BVW and Inland Bank associated with an intermittent stream. These resource areas are
significant to the interests of the Act as noted above and therein. The applicant has not
g
attempted to overcome the presumption of significance of this resource area to the
identified interests.
33. The NACC agrees with the applicant's delineation of the wetland resource area: Al-A46.
The BVW and Bank associated with an intermittent stream was delineated by Wetlands
Preservation, Inc. in March of 2010.
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. 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.
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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 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.
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. This Order is issued in addition to the Order of Conditions issued under DEP File#242-
1355. A Certificate of Compliance was issued for this file in October of 2008.
40. A sign shall be displayed at the site not less than two square feet or more than three
square feet in size bearing the words "Massachusetts DEP, File Number 242-1478."
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41. Prior to the commencement of any work, the applicant shall submit to the Conservation
Department a copy of the approved NPDES Storm Water Pollution Prevention Plan
(SWPPP). .
42. Any changes in the submitted plans caused by the applicant, another Board's decision or
resulting from this Order of Conditions must be submitted to the NACC for approval
prior to implementation. If the NACC finds said changes to be significant, the NACC will
call for another public hearing(at the expense of the applicant). Within 21 days of the
close of said public hearing the NACC will issue an amended or new Order of Conditions.
Any errors found in the plans or information submitted by the applicant shall be
considered as changes. No work shall begin on a project until written approval has been
granted by the NACC.
43. It is the responsibility of the applicant, owner, and/or successor(s) to ensure that all
conditions of this Order of Conditions are complied with. The project engineer and
contractors are to be provided with a copy of this Order of Conditions and referenced
documents before commencement of construction.
44. Prior to any work commencing on site,the applicant shall submit to the NACC for
approval,a detailed sequence of construction,including a dated timetable of soil
disturbance, the construction of compensation and retention areas, installation of
sedimentation/erosion control devices, phasing associated with the development, the
construction of the associated stormwater management structures, and landscaping
activities. This timetable must continue to be updated monthly throughout the project.
45. Wetland flagging shall be checked prior to the 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.
46. Prior to the installation of erosion controls,the applicant shall survey and stake the
location of the erosion control line. Once staked the applicant shall contact the
Conservation Department to walk the staked line and identify mature trees to be saved.
These trees shall be wrapped in orange construction fencing or otherwise identified for
preservation. The intent is to maintain canopy in areas of disturbance to reduce the
spread of invasive Japanese Knotweed on the property.
47. A row of staked hay bales backed by trenched siltation fence (and all other necessary
erosion control measures) shall be placed between all construction areas and wetlands.
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The erosion control barrier will be properly installed and placed as shown on the Erosion
&Sediment Control Plan approved and referenced herein and shall be inspected and
approved by the NACC or its agent prior to the start of construction and shall remain
intact until all disturbed areas have been permanently stabilized to prevent erosion. All
erosion prevention and sedimentation protection measures found necessary during
construction shall be implemented at the direction of the NACC or its agent. The NACC
reserves the right to impose additional conditions on portions of this project to mitigate
any impacts which could result from site erosion, or any noticeable degradation of surface
water quality discharging from the site. For example, installation of erosion control
measures may be required in areas not shown on the plan(s) referenced in this Order of
Conditions. Should such installation be required by the NACC, they shall be installed
within 48 hours of the Commissions request.
48. The applicant shall have on hand at the start of any soil disturbance,removal or
stockpiling, a minimum of 25 hay bales and sufficient stakes for staking these bales, 75
feet of silt fence, and an adequate supply of emergency erosion controls including crushed
stone, silt sacks, flock blocks,jute matting and any other erosion controls the applicant
proposes to use as part of the Erosion and Sedimentation Control Plan. Said supplies
shall be used only for the control of emergency erosion problems and shall not be used for
the normal control of erosion.
49. A check payable to the Town of North Andover shall be provided in the amount of
$15,500 ($7,500 Parking lot, stormwater, &infrastructure; $3,000 Structure; $5,000 slope
to Town Counsel Town Treasurer,
stabilization which shall be in all respects satisfactory
P
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.
50. The applicant shall designate a Wetland Scientist or other environmental professional as
approved by the NACC or its agent, as an"Erosion Control Monitor (ECM)" to oversee
any emergency placement of controls and regular inspection or replacement of
sedimentation control devices (Credentials of said Erosion Control Monitor shall be
submitted in writing for review and subsequent approval by the NACC). 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. 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. During the placement of engineered fill, the ECM should inspect and
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submit reports confirming that the engineered slope is built in accordance with the plans
approved and referenced herein. Reports shall confirm slope construction details such as
placement of filter fabric between fill and stone as well as placement of required erosion
controls.
51. 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 and photographs 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.
52. Prior to construction, the applicant shall permanently mark the edge of the "25' No-
Disturbance Zone" and the edge of the retaining wall with signs or markers spaced
evenly every 25 feet incorporating the following text: "Protected Wetland Resource
Area" and signs stating associated rules (1 square sign for every 3 round). This will
designate their sensitivity and assure no further inadvertent encroachment into the
wetland. These permanent markers are subject to review and approval by the NACC.
The applicant shall instruct all agents to explain these markers to
buyers/lessees/landscapers and all persons taking over the property from the applicant.
These markers shall remain posted and be replaced as necessary in perpetuity.
53. The applicant and/or the legal owner of that portion of land upon which these Orders of
Conditions have been placed shall provide to the NACC prior to transferring, or
assigning any portion of said land to another party, such as a Management Company,
Homeowner's Association or individual, subject to said Orders of Conditions, the
"Compliance Certification Form" Affidavit (attached herein) signed under the pains and
penalties of perjury, stating that said applicant has read these Orders of Conditions and is
in compliance with each and every condition. If portions of said land are transferred to
different parties, such as individual unit owners, each party is subject to this Condition.
This document shall apply to each of the conditions referenced herein and shall be
provided to the Conservation Department at least five (5) business days prior to the
closing of said land transaction.
54. Once these above mentioned pre-construction requirements are complete, the applicant
shall contact the Conservation Office prior to site preparation or construction and shall
arrange an on-site conference with an NACC representative, contractor, engineer,
wetland scientist/environmental monitor and the applicant to ensure that all of the
Conditions of this Order are understood. This Order shall be included in all construction
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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).
11STORMWATER MANAGEMENT CONDITIONS
55. All construction and post-construction stormwater management systems shall be
constructed in accordance with the approved construction sequence, supporting
documents and plans submitted with the Notice of Intent, this Order of Conditions, and
the approved Operation and Maintenance Plan and Long Term Pollution Prevention Plan
for Stormwater Management Systems attached herein.
56. Permanent and temporary stormwater structures shall be constructed and functioning as
part of the initial project phase as detailed in the Erosion & Sediment Control Plan (Sheet
6 of 10), to serve as siltation control during construction. Runoff from the site shall be
directed towards these basins. Stormwater structures shall be cleaned and maintained as
work progresses.
57. All stormwater best management practices shall be maintained as specified in the
Operation and Maintenance Plan and Long Term Pollution Prevention Plan for
Stormwater Management Systems submitted with the Notice of Intent and incorporated
in the Order of Conditions. The approved Operation and Maintenance Plan and Long
Term Pollution Prevention Plan for Stormwater Management Systems is fully binding
upon the applicant and/or owners, successors, agents, associations, heirs and assigns and
must be adhered to in perpetuity.
58. Evidence of maintenance of the stormwater management system shall be provided to the
NACC on an annual basis by a Registered Professional Civil Engineer certifying that the
drainage system is working as designed and shall include any maintenance invoices for
cleaning and repairs. The first report shall be submitted to the NACC as soon as the first
stormwater structure goes on-line and 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.
59. Temporary and/or permanent basins and swales being used for sedimentation and
dewatering during construction shall be cleaned of sediment when levels exceed six (6)
inches. Soils removed from the temporary/permanent stormwater management system
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shall be stored and disposed of in accordance with the approved plans. The basins shall
be cleaned of sediment prior to final grading and construction of permanent stormwater
basins and structures.
60. 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.
61. Water quality down gradient of BVW 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.
62. 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 and
Maintenance Plan and Long Term Pollution Prevention Plan for Stormwater Management
Systems attached herein and the associated stormwater management conditions
mandated herein.
63. The applicants, owners, and their successors and assignees, shall maintain all culverts,
collections basins, traps, outlet structures, subsurface storage areas, and other elements of
the drainage system,unless put into an easement to the Town of North Andover, in order
to avoid blockages and siltation which might cause failure of the system and/or
detrimental impacts to on-site or off-site resource areas, and shall maintain the integrity of
vegetative cover on the site.
DURING CONSTRUCTION
64. Upon beginning work, the applicant shall submit written weekly progress 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.
65. Construction sequencing shall be followed throughout all phases of construction as
detailed in the Erosion &Sediment Control Plan(Sheet 6 of 10),thereby minimizing any
unnecessary impacts to the wetland resource areas.
66. Accepted engineering and construction standards and procedures shall be followed in the
completion of the project.
67. The contractor will take all steps necessary to control dust onsite so that adverse effects on
adjacent resource areas and / or habitat do not occur.
68. Immediately upon completion of the building foundation, and prior to further
construction activities associated with the site, the applicant shall complete a plan
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prepared by a Registered Professional Land Surveyor of the Commonwealth (R.P.L.S.)
which accurately depicts the building foundation and its proximity to wetland resource
areas as approved under this Order of Conditions. Said plans shall be submitted to the
Conservation Administrator for approval.
69. A crushed stone construction entrance shall be installed at the designated access location
as shown on the approved plans referenced herein to minimize soil/material tracking
onto the roadways and paved surfaces. This entrance shall be reinforced and cleaned as
necessary throughout the duration of construction.
70. 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.
71. Silt Soxx shall be installed on each compacted lift of the constructed fill slope proposed as
detailed in the Erosion&Sediment Control Plan (Sheet 6 of 10).
72. All existing and proposed catch basins and oil traps on the site 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.
73. 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.
74. Approved de-watering activities 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. if emergency de-watering requirements arise, the applicant shall submit a
contingency plan to the NACC or its administrator for approval,which provides for the
pumped water to be contained in a settling basin,to reduce turbidity prior to discharge
into a resource area.
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75. Pavement and roadways shall be swept 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.
76. 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.
77. 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 jute matting or by other
means approved by the NACC 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.
78. 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 jute matting or by other
means approved by the NACC 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.
79. 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.
80. Construction equipment/vehicles shall not be staged overnight within 100 feet of a
wetland resource area.
81. There shall be no stockpiling of soil or other materials within one hundred (100) feet of
any resource area. Soils or other materials shall be stockpiled in locations approved by
this department or within the designated areas as shown on the approved plans
referenced herein. Further, due to the existing grade on the site, any approved temporary
stockpile areas shall be adequately surrounded by erosion controls to prevent migration
of soils off-site.
82. Washings from concrete trucks, or surplus concrete, shall not be directed to, any drainage
system, or wetland resource area.
83. 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
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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.
84. 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
85. 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.
86. Prior to the issuance of a Certificate of Compliance, the applicant P
licant must submit roof of
contract to the Conservation Department in the form of a written and signed document
from the assignee(s) responsible for conducting the perpetual site maintenance in
accordance with the Operation and Maintenance Plan and Long Term Pollution
Prevention Plan for Stormwater Management Systems and perpetual conditions
mandated in this Order. In addition to this contract, the applicant shall submit an
Affidavit from the assignee (s) acknowledging the Stormwater Operation &Maintenance
responsibilities of the stormwater management systems in accordance with the approved
Operation and Maintenance Plan and Long Term Pollution Prevention Plan for
Stormwater Management Systems and other perpetual conditions mandated in this
Order.
87. No road salt, sodium chloride, or other de-icing chemicals shall be used on paved surfaces
in the buffer zone, and any arrangement for snow removal shall so stipulate due to the
importance of the site and wetlands. In addition, permanent signs designating"No-Salt
Zone" and "Snow Stockpiling Zones" shall be displayed in prominent locations along the
No-Disturbance Zone as approved by the Conservation Department.
88. 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.
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89. 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.
90. 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.
91. 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.
92. 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.
➢ 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 any disturbance of soils or vegetation.
➢ Location of all subsurface utilities entering the property.
93. The following special conditions shall survive the issuance of a Certificate of
Compliance (COC)for this project:
➢ A 25-foot No-Disturbance Zone and 50-foot No-Build Zone shall be
established from the edge of adjacent wetland resource areas as approved
under DEP # 242-1478. 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 the setbacks as established under this Order;,
➢ Resource Area Markers (Condition#52);
➢ 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#65);
➢ All catch basins shall contain oil/gasoline traps and shall be maintained
(Condition #73);
➢ Discharge or spillage of pollutants (Condition# 84);
➢ Prohibition of underground fuels (Condition#85);
➢ Limitations on the use of fertilizers, herbicides, road salts,, de-icing
compounds and pesticides (Conditions #87& #88);
➢ Prohibition of dumping of leaves, grass clippings, brush, or other debris
(Condition#89);
➢ The approved "Long-Term Stormwater Operations and Maintenance Plan"
shall be adhered to. No additional filings will be required to conduct
maintenance of the above referenced system and plan (Condition#57).
242-1478,1503 Osgood St,Hera Dev.doc 15 NACC 7/29/2010
DEP FILE#242 - 1478
APPENDIX A-AFFIDAVIT
i
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. I am the of
(position with owner) (owner name)
the owner upon whose land Order of Conditions
have been placed up by (DEP or NACC number)
the North Andover Conservation Commission.
&
3. I hereby affirm and acknowledge that I have received said Order of Conditions
and have read the same and understand each
(DEP File#) and every condition which has been set forth
in said Order of Conditions.
&
4. I hereby affirm and acknowledge that on this day of 19
I inspected said property together with any and all improvements which have
been made to the same and hereby certify that each and every condition set
forth in Order of Conditions are presently in compliance.
(DEP File#)
&
5. I hereby affirm and acknowledge that this document will be relied upon by the
North Andover Conservation Commission as well as any potential buyers of
said property which is subject to said Order of Conditions
(DEP File#)
Signed under the pains and penalties of perjury this day of 19
(Signature-authorized agent of applicant or owner)
242-1478,1503 Osgood St,Hera Dev.doc 16 NACC 7/29/2010
Massachusetts Department of Environmental Protection
Bureau of Resource Protection - Wetlands DEP File Number:
WPA Form 8B — Certificate of Compliance 242-1355
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 David Murray, 1503 Osgood Street, LLC
computer, use Name
only the tab
key to move 2 Bridgeview Circle
your cursor- Mailing Address
do not use the Tyngsborough MA 01877
return key. City/Town State Zip Code
r� 2. This Certificate of Compliance is issued for work regulated by a final Order of Conditions issued to:
David Murray
Name
8/11/06 242-1355
Dated DEP File Number
3. The project site is located at:
1503 Osgood Street North Andover
Street Address City/Town
Map 37 Parcel 7
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 North 10360 29
County Book Page
Certificate
4. A site inspection was made in the presence of the applicant, or the applicant's agent, on:
10/20/08
Date
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:
wpaform 8b.doc•rev.7/13/04 Page 1 of 4
Massachusetts Department of Environmental Protection 51
Bureau of Resource Protection -Wetlands DEP File Number:
' WPA Form 8B — Certificate of Compliance 242-1355
Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 Provided by DEP
B. Certification (cont.)
❑ 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:
90
C. Authorization
Issued by:
North Andover IdII-11
Conservation Commission Date of I suance
This Certificate must be signed by a majority of the Conservatio ommissi n copy sent to the
applicant and appropriate DEP Regional Office (See Attachme t)
Signatures:
J
"vow^ V f
wpaform 8b.doc•rev.7/13/04 Page 2 of 4
Massachusetts Department of Environmental Protection
Bureau of Resource Protection -Wetlands DEP File Number:
WPA Form 8B — Certificate of Compliance 242-1355
Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 Provided by DEP
C. Authorization (cont.)
Notary Acknowledgement
Commonwealth of Massachusetts County of Essex North
kevemLee
On thisDay Of Month Year
before me, the undersigned Notary Public, personally appeared
�vGi,cJ ig-�4.tJ
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
� I � DONNA M.WEDGE S gnature of Notary Public
NOTARY MAS y�
� COMMONWEALTH OF N�A56`:' "",TTS 1 � [�/�j n./} /J7. (3 G
My Comm.Expires Aug.i,«99 Printed Name of Notary Public
a(�
My Commissi n Expires(Date)
Place notary seal and/or any stamp above` -2y � �-
Signature of Notary Public
wpaform Sb.doc•rev.7/13/04 Page 3 of 4
.. 4
' Massachusetts Department of Environmental Protection
Bureau of Resource Protection -Wetlands DEP File Number:
WPA Form 8B - Certificate of Compliance
Massachusetts Wetlands Protection Act M.G.L. c. 131, 40 242-1355
Ll
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:
1503 Osgood Street 242-1355
Project Location DEP File Number
Has been recorded at the Registry of Deeds of:
Essex North
County
for:
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
wpaform 8b.doc•rev.7/13/04 Page 4 of 4
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 Tyringham
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
Chademont 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 Charlton 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 Welltteet
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 Lynnfield Newburyport Sherborn 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
wpaform8b.doc•DEP Addresses•rev.10/17108 Page 1 of 1
L7MassachusettsDepartment of Environmental Protection
Bureau of Resource Protection - Wetlands DEP File Number:
� WPA Form 5 - Order of Conditions 242-1355
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 David Murray 1503 Osgood Street, LLC
use the return a. First Name b. Last Name c. Company
key. 2 Bridgeview Circle
d. Mailing Address
Vr rad Tyngsborough MA. _ 01877
e.City/Town f.State g.Zip Code
4. Property Owner(if different from applicant):
Marbel Rockwell
a. First Name b. Last Name c.Company
576 Osgood Street
d.Mailing Address
North Andover MA._ 01845
e.City/Town f.State g.Zip Code
5. Project Location:
1503 Osgood Street _ N_orth_Andove_r
a.Street Address b.City/Town
Map 37 _ _ Parcel 7
c.Assessors Map/Plat Number d.Parcel/Lot Number
Latitude and Longitude, if known (note:
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)
7902 75 _
c. Book d. Page
4/27/06 7 - dsan—e'
7. Dates: a. Date Notice of Intent Filed b. Dateublic aring Closed c.Date f I
8. Final Approved Plans and Other Documents (attach additional plan or document references as
_ I Site Development
a. Plan Title
MHF Design Consultants, Inc. _ Frank Monteiro_, P. E. _
b. Prepared By c. Signed and Stamped by
�7 r4 �/�� 1" = 30'
d
d. FinR ision Date e.Scale
f.Additional Plan or Document Title g. Date
9. Total WPA Fee Paid: $ 1,625.00 $ 512.50 $ 1,112.50
a.Total Fee Paid b. State Fee Paid c.City/Town Fee Paid
wpaform5.doc• rev.3/1/05 Page 1 of 0
Massachusetts Department of Environmental Protection
Bureau of Resource Protection - Wetlands DEP File Number:
WPA Form 5 - Order of Conditions 242-1355
Massachusetts Wetlands Protection Act M.G.L. c. 131, §40
B. Findings
1. Findings pursuant to the Massachusetts Wetlands Protection Act:
Following the review of the above-referenced Notice of Intent and based on the information provided
in this application and presented at the public hearing, this Commission finds that the areas in which
work is proposed is significant to the following interests of the Wetlands Protection Act. Check all that
apply:
a. ® Public Water Supply b. ❑ Land Containing Shellfish c. ® Prevention of Pollution
d. ® Private Water Supply e. ❑ Fisheries f. ® Protection of Wildlife
Habitat
g. ® Groundwater Supply h. ® Storm Damage Prevention i. ® Flood Control
2. This Commission hereby finds the project, as proposed, is: (check one of the following boxes)
Approved subject to:
® 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
wpaform5.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 242-1355
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)
s. ❑ 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.Gy 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
wpaform5.doc• rev.3/1105
Page 3 of 9
a
Massachusetts Department of Environmental Protection
Bureau of Resource Protection - Wetlands DEP File Number:
WPA Form 5 - Order of Conditions 242-1355
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 242-1355 "
wpaform5.doc• rev.3/1/05
Page 4 of 9
7r
Massachusetts Department of Environmental Protection
\l�-- Bureau of Resource Protection - Wetlands DEP File Number:
�` WPA Form 5 - Order of Conditions 242-1355
1 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.311105 Page 55 of 0
Massachusetts Department of Environmental Protection
\��-- Bureau of Resource Protection - Wetlands DEP File Number:
WPA Form 5 - Order of Conditions 242-1355
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):( PP :)
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
conditions, See attached
select box to
attach a text
document
wpaform5.doc- rev.3/1/05 Page 6 of 9
DEP FILE # 242 - 1355 G6
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 h-itcnt 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 Sectioii 8.3 (p.37) of the Nortli Andover Wetland
Regnlatioiis).
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.
CAWinword\00015030sgoodSt.doc 1 NACC 8/1 1!2006
DEP FILE # 242 - 1355
25. This Order of Conditions is issued under File No. 242-1355.
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 construction of a 3,791 s.f. convenience store, deli,
drive-thru donut shop and gas station on a 6.1 acre parcel with associated
appurtenances, stormwater management structures, entrance driveway,parking and
grading within the buffer zone to a Bordering Vegetated Wetland. The gas pumps,
consisting of 10 fueling stations,will be located outside of the buffer zone. In addition,
two existing single-family dwellings and several small sheds will be razed within the
project site.
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: David Murray (Applicant)
1503 Osgood Street, LLC.
C/o Ranger Development Corporation
2 Bridgeview Circle
Tyngsborough, MA 01879
Dated April 28, 2006
Notice of Intent prepared by: Wetlands Preservation, Inc.
47 Newton Road
Plaistow, NH 03865
Site Plans prepared by: MHF Design Consultants, Inc.
103 Stiles Street, Suite One
Salem, NH 03079
Entitled "Site Development Plans - 1503 Osgood
Street (Route 125)/Orchard Hill Road" dated April 10,
2006, revised through 7/19/06, consisting of sheets 1-8.
Stamped & Signed by Frank Monteiro, P.E.
Additional Plans: "Lighting Proposal" dated 6-9-06;
WB-50 Truck Turning Plan" dated June 9, 2006;
Additional Site Plan - No Title and No date.
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DEP FILE # 242 - 1355
Drainage Report
Prepared by: MHF Design Consultants, Inc. Entitled "Stormwater
Management Drainage Calculations & Best
Management Practices", (including the Operation &
Maintenance Plan) dated April 10,2006, revised
through July 19, 2006;
Other Record Plans &
Documents: ENF- Environmental Notification Form dated May 12,
2006, prepared by GPI - Greenman-Pedersen, Inc.;
Letter prepared by MHF Design Consultants to
Lincoln Daley,Town Planner, dated June 9, 2006;
Review letter prepared by Lisa Eggleston, P.E. dated
June 22,2006;
Response letter prepared by MHF Design
Consultants, Inc. dated July 5, 2006;
Review letter prepared by Lisa Eggleston,P.E. dated
Jul •
Y 6 2006,
Response letter prepared by MHF Design Consultants
dated July 19,2006;
Review letter prepared by Lisa Eggleston, P.E. dated
July 25,2006.
30. The following wetland resource areas are affected by the proposed work: Buffer Zone to
a Bordering Vegetated Wetland. These resource areas are significant to the interests of
the Act and Town ByLaw as noted above and therein. The applicant has not attempted to
overcome the presumption of significance of these resource areas to the identified
interests.
31. The NACC agrees with the applicant's delineation of the wetland resource areas on the
site as shown on the 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
and a fifty-foot (50') No-Construction Zone shall be established from the edge of the
adjacent wetland resource area. The Conservation Administrator agents of and/or other a
� g
the NACC do not have the authorityto 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).
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DEP FILE # 242 - 1355
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 failure to comply i
th 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 p p t}
the drainage c rainage 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
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 242-1355."
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DEP FILE # 242 - 1355
39. Prior to the commencement of any work,the applicant shall submit to the Conservation
Department a copy of the approved NPDES Storm Water Pollution Prevention Plan
(SWPPP).
40. Prior to the commencement of any work, the applicant shall submit a revised Operation
& Maintenance Plan which shall reflect that the mowing of the vegetated swale will be
conducted during the Post-Development Phase instead of the Construction Phase. In
addition, the revised O & M plan shall reflect annual mowing of the two infiltration
basins in order to maintain their storage capacity. Upon approval by the Conservation
Department,the revised O & M plan shall be recorded at the registry of deeds and
proof of recording submitted to the Conservation Department.
41. Prior to the commencement of any work,the limits of the parking area to the north of
the site (immediately upgradient to the 50 foot no-construction zone) shall be staked in
the field by a Professional Land Surveyor.
42. Any changes in the submitted plans caused by the applicant, another Board's decision
or resulting from this Order of Conditions must be submitted to the NACC for
approval prior to implementation. If the NACC finds said changes to be significant, the
NACC will call for another public hearing (at the expense of the applicant). Within 21
days of the close of said public hearing the NACC will issue an amended or new Order of
Conditions. Any errors found in the plans or information submitted by the applicant shall
be considered as changes. 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.
43. It is the responsibility of the applicant, owner, and/or successor(s) to ensure that all
conditions of this Order of Conditions are complied with. The project engineer and
contractors are to be provided with a copy of this Order of Conditions and referenced
documents before commencement of construction.
44. Prior to any work commencing on site,the applicant shall submit to the NACC for
approval, a detailed construction sequence, including a dated timetable of construction,
the construction of compensation and retention areas, installation of
sedimentation/erosion control devices,roadway infrastructure, phasing associated with
the development and the construction of the associated stormwater management
structures. The construction sequence shall specify that the stormwater management
structures will be constructed first, prior to any other site preparation. This timetable
must continue to be updated throughout the project.
45. Wetland flagging shall be checked prior to start of construction and shall be re-established
where missing. All wetland flagging shall remain visible and enumerated per the
approved plan(s) throughout the life of the project and until a Certificate of Compliance is
issued so that erosion control measures can be properly placed and wetland impacts can
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DEP FILE #242 - 1355
be monitored. The proposed limit of work shall be shall be clearly marked with stakes or
flags and shall be confirmed by the NACC. Such markers shall be checked and replaced
as Necessary and shall be maintained until all construction is complete. Workers should
be informed that no use of machinery, storage of machinery or materials, stockpiling of
soil, or construction activity is to occur beyond this line at any time. All flags used for the
above purposes shall be of a color different from flagging mother fla
111
T
gb � Used on the site,
46. 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 and1
s fall be inspected
ed
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.
47. The applicant shall have on hand at the start of any soil disturbance, removal or
stockpiling, a minimum of 60 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.
48. 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.
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DEP FILE #242 - 1355
49. 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
required to inspect all such devices and oversee cleaning and the proper disposal of waste
products. Cleaning shall include removal of any entrapped silt.
50. 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.
51. 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.
32. 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,
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DEP FILE # 242 - 1355 U1
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).
STORMWATER MANAGEMENT CONDITIONS
53. 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 artment of
Environmental Protection Stormwater Management Policy,cY and the approved
Operation and Maintenance Plan attached herein.
54. 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.
55. 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.
56. 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.
57. 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.
58. 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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DEP FILE # 242 - 1355 {,
59. 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.
60. 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.
61. 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
62. Accepted engineering and Best Management Practices (BMPs) for construction standards
shall be followed in the conduct of all work.
63. A crushed stone construction entrance shall
be exit drive at designated at the entrance
/exit/
Osgood Street to minimize soil/material tracking in accordance with the approved
standards and specifications and as shown on the approved plan referenced herein. This
entrance shall be maintained and reinforced as necessary.
64. 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.
65. A 6-foot high chain link fence shall be installed just beyond the proposed guardrail
and at the edge of pavement starting at Osgood Street and ending at the 50' buffer zone
upgradient to wetland flag WF1 - 24. The fence shall include several access gates to the
stormwater drainage systems such that the required maintenance activities can be
performed.
66. 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.
67. All catch basins shall contain oil/gasoline traps, and it shall be a continuing condition of
this order, even after a Certificate of Compliance is issued, that the oil/gasoline traps in the
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DEP FILE # 242 - 1355 (��(
catch basins be maintained. All catch basins shall be free of all accumulated silt and debris
before Compliance is issued and the owner or his/her agent shall so specify in the request for
Compliance.
68. The sewer lines on the site, where they, cross wetland resource areas, shall be tested for
water tightness in accordance with North Andover DPW standards.
69. Silt sacs/filter fabric or other approved siltation/sedimentation protection methods
shall be installed at all catch basin/storm drains.
70. 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.
71. 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.
72. Associated pavement and roadways shall be swept at least once per week or as directed
b the Erosion Control monitor,the Site e Su e
p =visor, Protect Manager, or the Conservation
Department for as long as the site remains exposed and unstabilized.
73. 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.
74. 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.
75. 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.
76. Equipment shall not be staged overnight within 100-feet of a wetland resource area.
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DEP FILE # 242 - 1355 10
77. There shall be no stockpiling of soil or other materials within twenty-five (25) feet of any
resource area.
78. Washings from concrete trucks, or surplus concrete, shall not be directed to, any drainage
system, or wetland resource area.
79. All waste generated by, or associated with, the construction activity shall be contained
within the construction area, and away from any wetland resource area. There shall be no
burying of spent construction materials or disposal of waste on the site by any other means.
The applicant shall maintain dumpsters (or other suitable means) at the site for the storage
and removal of such spent construction materials off-site. However, no trash dumpsters will
be allowed within 50' of areas subject to protection under the Act or local Bylaw.
80. 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.
[1AFTER CONSTRUCTION
81. 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.
82. Fertilizers utilized for landscaping and lawn care shall be slow release, low-nitrogen types
(< 5%), and shall not be used within 25 feet of a resource area. Pesticides and herbicides shall
not be used within 100 feet of a wetland resource area. This condition shall survive this Order
of Conditions and shall run with the title of the property. This condition is issued under the
authority of the Town's Wetland Protection Bylaw and shall remain in perpetuity.
83. After completion of work, the applicant shall permanently mark the edge of the "25' No-
Disturbance Zone/50' No-Construction Zone" with twenty-four (24) signs or markers
spaced evenly every 50 feet incorporating the following text: "Protected Wetland Resource
Area". The wetland markers shall be installed along the required chain link fence. Where
the fence ends, the wetland markers shall continue and be installed along the 25-foot No-
Disturbance Zone. 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 and can be purchased at the Conservation Department for a fee.
The applicant shall instruct all agents to explain these markers to buyers/lessees/landscapers
and all persons taking over the property from the applicant.
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DEP FILE # 242 - 1355
84. 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.
85. 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.
86. No road salt, sodium chloride, or other de-icing chemicals shall be used on paved surfaces
within the buffer zone, and any arrangement for snow removal shall so stipulate due to the
importance of the site and wetlands. Permanent signs designating "No-Salt Zone" and
"No-Snow Stockpiling Zones" shall be displayed every 50 feet above the installed wetland
markers along the required fence. The location and placement of these signs are subject to
review and subsequent approval by the NACC or Agent thereof. Signs are available for
purchase at the Conservation Department for a fee. In the event the amount of snow
exceeds on-site storage capacity, it shall be trucked off-site.
87. 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.
88. 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.
89. 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.
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DEP FILE# 242 - 1355 n
i. An "As-Built" plan prepared and signed and stamped by a Registered Professional l
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.
r "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.
y A line showing the limit of work and the extent of existing erosion control
devices. "Work" includes anv disturbance of soils or vegetation.
y Location of all subsurface utilities entering the property.
90. 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 #80);
Maintenance of catch basins (Condition #67);
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 or detrimental might cause failure of the system and
g Y l
impacts to on-site or off-site resource areas (Condition #61);
Prohibition of underground fuels (Condition #81);
C:\Winword\00C\1I5030sgoodSt.doc 13 NACC 8/11/2006
DEP FILE # 242 - 1355 y�
Limitations on the use of fertilizers, herbicides, road salts, de-icing compounds J
and pesticides (Conditions #82 & #86).
The "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 #85).
CA 'innword\OOC\15030sgoodSt.doc 14 NACC 8/11/2006
1
DEP FILE # 242 - 1355
APPENDIX A- AFFIDAVIT 1
lon 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 da of
g Y �
. 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)
C:\Win word\00C\15030sgood St.doc 15 NACC 8/11/2006
Massachusetts Department of Environmental Protection
�:-- Bureau of Resource Protection - Wetlands DEP File Number:
WPA Form 5 - Order of Conditions 242-1355 _
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 '
condition pursuant to General Conditions#4, from the date of issuance. 1. Date o iss ance
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 owner, if different
from applicant.
Signatures:
V4 )411A
f -
Notary Ac l owledgement
Commonwealth of Massachusetts County of Essex North
x� W-- '9c0
On this Day of Month i Year
Before me, the undersigned Notary Public, SG r-lla C[�
personally appeared Name of Document Signer
proved to me through satisfactory evidence of identification, which was/were
Massachusetts License
Description of evidence of identification
to be the person whose name is signed on the preceding or attached document, and acknowledged to
me that he/she signed it voluntarily for its stated purpose.
As member of North Andover
City/Town Conservation Commission
DONNA M.WEDGE -�`"=`�>''-J e�LCz -
- NOTARYPUBUC Signature of Notary Public
COMMONWEALTH OF MASMACHUSETTS ,.
Nh comm Expires Aug.7,2009 N �L_J�(_ G:.
Printed Name of Notary Public
Place notary seal and/or any stamp above
My Commi ion xpires(Date)
This Order is issued to the applicant as follows:
❑ by hand delivery on 0 b certified mail return receipt requested, on
y � p q
f% ��;
Date Date
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Massachusetts Department of Environmental Protection
��- Bureau of Resource Protection - Wetlands DEP File Number:
WPA Form 5 - Order of Conditions 242-1355
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.
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P
1
Massachusetts Department of Environmental Protection
L
Bureau of Resource Protection - Wetlands DEP File Number:
WPA Form 5 - Order of Conditions 242-1355
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:
242-1355
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
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