HomeMy WebLinkAboutMiscellaneous - 1801 TURNPIKE STREET 4/30/2018 (7)a
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Important:
When filling out
forms on the
computer, use
only the tab key
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use the return
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Commonwealth of Massachusetts
Cit /Town of �
Y DEC 112012
System Pumping Record NORTH ANDOVER
N0ryoRTHANDOVER
Form 4
HEALTH D:- PAr TM NT
DEP has provided this form for use by local Boards of Health. Other forms may be used, but the
s that provided here. Before using this form, check with your
information must be substantially the same a
local Board of Health to determine the form they use. The System Pumping Record must be submitted to
the local Board of Health or other approving authority within 14 days from the pumping date in
accordance with 310 CMR 15.351.
A. Facility Information
1. System Locati n:
1_gUA
Address
City/Town -- -
Zip Code
2. System Owner:
On 0-164r*
Na
Address (if different frop location)
State Zip Code "
City/Town�
Tele one -Number
B. Pumping Record �c
-� 2. Quantity Pumped: Gallons Date of Pumping Date
3. Type of system: ❑ Cesspool(s) ❑'fSeptic.Tank ❑ Tight Tank Grease Trap
❑ Other (describe): - — - - -- -
4. Effluent Tee Filter present? ❑ Yes (�4,No
5. Condition of System:
6. System Pumped By.
Name
e n
Company
7. Location where contents were disposed:
-- ----_-----E--wth-Source to :
--------------
-----� 95�- �rc�adway---
Signature of Hauler
— -- -- Ramon --ham,- MA --Q2767
Signature of Receiving Facility
If yes, was it cleaned? ❑ Yes ❑ No
qA
Vehicle License mber
Date
Date
15fofm4.d0c• 03/06 System Pumping Record - Page t of 1
WPA Form 5 - Order of Conditions
I LIJ
Provided by MassDEP:
NACC#80
MassDEP File #
eDEP Transaction #
North Andover
City/Town
A. General Information
Important: North Andover
When filling 1. From: Conservation Commission
out forms on
the 2. This issuance is for a. ®Order of Conditions b. ❑ Amended Order of Conditions
computer, (check one):
use only the
tab key to 3. To: Applicant:
move your
cursor - do
not use the a. First Name b. Last Name
return key.
Genesis Health Ventures,lnc.
c. Organization
tcl 200 Brickstone Square
d. Mailing Address
Andover MA 01810
e. City/Town f. State g. Zip Code
4. Property Owner (if different from applicant):
a. First Name
b. Last Name
Nursing and Retirement Center of the Andovers,
Inc.
C. Organization
200 Brickstone Square
d. Mailing Address
Andover
MA
e. City/Town
f. State
5. Project Location:
1801 Turnpike Street
North Andover
a. Street Address
b. City/Town
Map 1078
Parcel 80
c. Assessors Map/Plat Number d. Parcel/Lot Number
4208'm10"s - -- — 71d04'm38"s
-Latitude andlongitude, if known: d. Latitude
wpaform5.doc • rev. 03/2/2010
e. Longitude
Page 1 of 12
Massachusetts Department of Environmental Protection
Bureau of Resource Protection - Wetlands
WPA Form 5 - Order of Conditions
Massachusetts Wetlands Protection Act M.G.L. c. 131, §40
Provided by MassDEP:
NACC#80
MassDEP File #
eDEP Transaction #
North Andover
Cityrrown
A. General Information (cont.)
6. Property recorded at the Registry of Deeds for (attach additional information if more than
one parcel):
Essex North
a. County b. Certificate Number (if registered land)
4871 157
c. Book d. Page
7. Dates: 11/16/10 1/26/11 1/26/11
a. Date Notice of Intent Filed b. Date Public Hearing Closed c. Date of Issuance
8. Final Approved Plans and Other Documents (attach additional plan or document references
as needed):
Existing Conditions Plan, Site Development Plan & Details (3 sheets) for Facility Expansion
of Sutton Hill Center
Land Planning, Inc. Norman G. Hill, P. E., Norman G. Hill, P. L.
b. Prepared By g
12/8/10 1" = 40'
d. Final Revision Date e. Scale
f. Additional Plan or Document Title g. Date
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 (the Act). Check all that apply:
a. ® Public Water Supply b. ❑ Land Containing Shellfish c. ® Prevention of
Pollution
d. ® Private Water Supply e. f• ® Protection of
pp y El
Wildlife Habitat
g. ® Groundwater Supply h. ® Storm Damage Prevention i. ® Flood Control
2. This Commission hereby finds the project, as proposed, is: (check one of the following boxes)
Approved subject to:
a. ® the following conditions which are necessary in accordance with the performance
standards set forth in the wetlands regulations. This Commission orders that all work shall
be performed in accordance with the Notice of Intent referenced above, the following
General Conditions, and any other special conditions attached to this Order. To the extent
that the following conditions modify or differ from the plans, specifications, or other
proposals submitted with the Notice of Intent, these conditions shall control.
wpaform5.doc • rev. 03/2/2010
Page 2 of 12
Massachusetts Department of Environmental Protection
Bureau of Resource Protection - Wetlands
WPA Form 5 - Order of Conditions
ILI Massachusetts Wetlands Protection Act M.V.L. c. 131, §40
B. Findings (cont.)
Denied because:
Provided by MassDEP:
NACC#80
MassDEP File #
eDEP Transaction #
North Andover
CitylTown
b. ❑ the proposed work cannot be conditioned to meet the performance standards set forth
in the wetland regulations. Therefore, work on this project may not go forward unless and
until a new Notice of Intent is submitted which provides measures which are adequate to
protect the 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. ❑ 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).
3. ® Buffer Zone Impacts: Shortest distance between limit of project 75
disturbance and the wetland resource area specified in 310 CMR 10.02(1)(a) a. linear feet
Inland Resource Area Impacts: Check all that apply below. (For Approvals Only)
Resource Area Proposed Permitted Proposed Permitted
Alteration Alteration Replacement Replacement
4. ❑ Bank
5. ❑ Bordering
Vegetated Wetland
s. ❑ Land Under
Waterbodies and
Waterways
7. ❑ Bordering Land
Subject to Flooding
Cubic Feet Flood Storage
a. ❑ Isolated Land
Subject to Flooding
Cubic Feet Flood Storage
s. ❑ Riverfront Area
Sq ft within 100 ft
Sq ft between 100-
- - - 200 -ft. - -- - .- . .
a. linear feet b. linear feet c. linear feet d. linear feet
—. 4.- —, U. 04UOIU Ices c. squalor leen u. square reet
-• .,y,...". "�`.` v..4.- -, I- 04UCIIC ICCI u. Squale met
......� .....,.y,,,. I. aey a.Ieuyvu
-• �M �' • a •••
c. square feet d. square feet e. square feet f. square feet
g. -square feet -h:-square feet --i.. square feet - - -- --j:-square feet -
wpaform5.doc • rev. 03/2/2010
Page 3 of 12
-M.— IVUL <,. oquaic Icct u. square reef
e. cubic feet
f. cubic feet g. cubic feet h. cubic feet
a. square feet
b. square feet
c. cubic feet
d. cubic feet e. cubic feet f. cubic feet
c. square feet d. square feet e. square feet f. square feet
g. -square feet -h:-square feet --i.. square feet - - -- --j:-square feet -
wpaform5.doc • rev. 03/2/2010
Page 3 of 12
- — Provided by MassDEP:
_ NACC#80
WPA Form 5 - Order of Con_ ditions MassDEP File #
Ll
eDEP Transaction #
North Andover
City/Town
B. Findings (cont.)
Coastal Resource Area Impacts: Check all that apply below. (For Approvals Only)
Proposed Permitted Proposed Permitted
Alteration Alteration Replacement Replacement
10. El Designated Port
Areas Indicate size under Land Under the Ocean, below
11. ❑ Land Under the
Ocean
12. ❑ Barrier Beaches
13. ❑ Coastal Beaches
14. ❑ Coastal Dunes
15. ❑
Coastal Banks
16. ❑
Rocky Intertidal
Shores
17. ❑
Salt Marshes
18. ❑
Land Under Salt
Ponds
19. ❑ Land Containing
Shellfish
20. ❑ Fish Runs
21. ❑ Land Subject to
Coastal Storm
Flowage
wpaform5.doc • rev. 0312/2010
a. square feet b. square feet
Indicate size under Coastal Beaches and/or Coastal Dunes
below
cu yd cu yd
a. square feet b. square feet c. nourishment d. nourishment
cu yd cu yd
a. square feet b. square feet c. nourishment d. nourishment
a. linear feet b. linear feet
a. square reet b. square feet c. square feet d. square feet
a. square feet b. square feet
c. cty dredged d. c/y dredgec
Indicate size under Coastal Banks, Inland Bank, Land Under
the Ocean, and/or inland Land Under Waterbodies and
Waterways, above
a. square feet b. square feet
Page 4 of 12
WPA Form 5 - Order of Conditions
IL
B. Findings (cont.)
If the
jest 22.
ElRestoration/Enhancement *:
is fo2.
p r
the purpose of
restoring or
enhancing a
a. square feet of BVW
wetland
resource area 23.
❑ Stream Crossing(s):
in addition to
the square
footage that
a. number of new stream crossings
b. square feet of salt marsh
Provided by MassDEP:
NACC#80
MassDEP File #
eDEP Transaction #
North Andover
City/Town
b. number of replacement stream crossings
has been C. General Conditions Under Massachusetts Wetlands Protection Act
entered in
Section B.5.c
(BVVV) or The following conditions are only applicable to Approved projects.
B.17.c (Salt
Marsh) above, 1. Failure to comply with all conditions stated herein, and with all related statutes and other
please enter regulatory measures, shall be deemed cause to revoke or modify this Order.
the additional 9 y fy
amount here. 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 extend the issuance date of the original Final Order of Conditions and
the Order will expire on unless extended in writing by the Department.
7. Any fill used in connection with this project shall be clean fill. Any fill shall contain no trash,
refuse, rubbish, or debris, including but not limited to lumber, bricks, plaster, wire, lath,
paper, cardboard, pipe, tires, ashes, refrigerators, motor vehicles, or parts of any of the
foregoing.
8. This Order is not final until all administrative appeal periods from this Order have elapsed,
or if such an appeal has been taken, until all proceedings before the Department have been
completed.
wpaform5.doc • rev. 03/2/2010 Page 5 of 12
WPA Form 5 - Order of Conditions
Provided by MassDEP:
NACC#80
MassDEP File #
eDEP Transaction #
North Andover
City/Town
C. General Conditions Under Massachusetts Wetlands Protection Act (cont.)
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 NACC#80 "
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 MassDEP.
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.
wpaform5.doc • rev. 03/2/2010 Page 6 of 12
WPA Form 5 - Order of Conditions
Provided by MassDEP:
NACC#80
MassDEP File #
eDEP Transaction #
North Andover
Cityrrown
C. General Conditions Under Massachusetts Wetlands Protection Act (cont.)
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) ® is not (2) ❑ subject to the
Massachusetts Stormwater Standards. If the work is subject to the Stormwater
Standards, then the project is subject to the following conditions:
a) All work, including site preparation, land disturbance, construction and redevelopment,
shall be implemented in accordance with the construction period pollution prevention and
erosion and sedimentation control plan and, if applicable, the Stormwater Pollution
Prevention Plan required by the National Pollution Discharge Elimination System
Construction General Permit as required by Stormwater Condition 8. Construction period
erosion, sedimentation and pollution control measures and best management practices
(BMPs) shall remain in place until the site is fully stabilized.
b) No stormwater runoff may be discharged to the post -construction stormwater BMPs
unless and until a Registered Professional Engineer provides a Certification that:
i. all construction period BMPs have been removed or will be removed by a date certain
specified in the Certification. For any construction period BMPs intended to be converted
to post construction operation for stormwater attenuation, recharge, and/or treatment, the
conversion is allowed by the MassDEP Stormwater Handbook BMP specifications and that
the BMP has been properly cleaned or prepared for post construction operation, including
removal of all construction period sediment trapped in inlet and outlet control structures;
ii. as -built final construction BMP plans are included, signed and stamped by a Registered
Professional Engineer, certifying the site is fully stabilized;
iii. any illicit discharges to the stormwater management system have been removed, as per
the requirements of Stormwater 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.
wpaform5.doc • rev. 03/2/2010 Page 7 of 12
- Provided by MassDEP:
NACC#80
WPA Form 5 - Order of Conditions MassDEP File #
Ll
-` eDEP Transaction #
North Andover
City/Town
C. General Conditions Under Massachusetts Wetlands Protection Act (cont.)
g) The responsible party shall:
1. Maintain an operation and maintenance log for the last three (3) consecutive
calendar years of inspections, repairs, maintenance and/or replacement of the
stormwater management system or any part thereof, and disposal (for disposal the
log shall indicate the type of material and the disposal location);
2. Make the maintenance log available to MassDEP and the Conservation
Commission ("Commission") upon request; and
3. Allow members and agents of the MassDEP and the Commission to enter and
inspect the site to evaluate and ensure that the responsible party is in compliance
with the requirements for each BMP established in the 0&M Plan approved by the
issuing authority.
h) All sediment or other contaminants removed from stormwater BMPs shall be disposed
of in accordance with all applicable federal, state, and local laws and regulations.
i) Illicit discharges to the stormwater management system as defined in 310 CMR 10.04
are prohibited.
j) The stormwater management system approved in the Order of Conditions shall not be
changed without the prior written approval of the issuing authority.
k) Areas designated as qualifying pervious areas for the purpose of the Low Impact Site
Design Credit (as defined in the MassDEP Stormwater Handbook, Volume 3, Chapter 1,
Low Impact Development Site Design Credits) shall not be altered without the prior written
approval of the issuing authority.
1) Access for maintenance, repair, and/or replacement of BMPs shall not be withheld.
Any fencing constructed around stormwater BMPs shall include access gates and shall be
at least six inches above grade to allow for wildlife passage.
Special Conditions (if you need more space for additional conditions, please attach a text
document):
See Attached
wpaform5.doc • rev. 0312/2010 Page 9 of 12
0
L711WPA Form 5 - Order of Conditions
Provided by MassDEP:
NACC#80
MassDEP File #
eDEP Transaction #
North Andover
City/Town
D. Findings Under Municipal Wetlands Bylaw or Ordinance
1. Is a municipal wetlands bylaw or ordinance applicable? ® Yes ❑ No
2. The North Andover hereby finds (check one that applies):
Conservation Commission
a. ❑ that the proposed work cannot be conditioned to meet the standards set forth in a
municipal ordinance or bylaw, specifically:
1. Municipal Ordinance or Bylaw
Z. %.,itauun
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.
b. ® that the following additional conditions are necessary to comply with a municipal
ordinance or bylaw:
North Andover Wetlands Protection Bylaw Chapter 178
1. Municipal Ordinance or Bylaw 2. Citation
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 (if you need
more space for additional conditions, attach a text document):
See Attached
wpaform5.doc - rev. 03/2/2010 Page 10 of 12
ILI
WPA Form 5 - Order of Conditions
Provided by MassDEP:
NACC#80
MassDEP File #
eDEP Transaction #
North Andover
City/Town
C. General Conditions Under Massachusetts Wetlands Protection Act (cont.)
c) The landowner is responsible for BMP maintenance until the issuing authority is notified
that another party has legally assumed responsibility for BMP maintenance. Prior to
requesting a Certificate of Compliance, or Partial Certificate of Compliance, the responsible
party (defined in General Condition 18(e)) shall execute and submit to the issuing authority
an Operation and Maintenance Compliance Statement ("O&M Statement) for the
Stormwater BMPs identifying the party responsible for implementing the stormwater 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 Pollution Discharge Elimination System Multi -Sector General Permit.
e) Unless and until another party accepts responsibility, the landowner, or owner of any
drainage easement, assumes responsibility for maintaining each BMP. To overcome this
presumption, the landowner of the property must submit to the issuing authority a legally
binding agreement of record, acceptable to the issuing authority, evidencing that another
entity has accepted responsibility for maintaining the BMP, and that the proposed
responsible party shall be treated as a permittee for purposes of implementing the
requirements of Conditions 18(f) through 18(k) with respect to that BMP. Any failure of the
proposed responsible party to implement the requirements of Conditions 18(f) through
18(k) with respect to that BMP shall be a violation of the Order of Conditions or Certificate
of Compliance. In the case of stormwater BMPs that are serving more than one lot, the
legally binding agreement shall also identify the lots that will be serviced by the stormwater
BMPs. A plan and easement deed that grants the responsible party access to perform the
required operation and maintenance must be submitted along with the legally binding
agreement.
f) The responsible party shall operate and maintain all stormwater BMPs in accordance
with the design plans, the 0&M Plan, and the requirements of the Massachusetts
Stormwater Handbook.
wpaform5.doc • rev. 03/212010 Page 8 of 12
NACC #80
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 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 nine (9) space parking area,
stormwater system and site work associated with the construction of a 2,834 sq. ft.
addition to the existing facility (Sutton Hill Center). Portions of the work are within the
100 -foot Buffer Zone to an Ephemeral Pool.
21. The work shall conform to the following:
Applicant: Genesis Health Ventures Inc.
200 Brickstone Square
Andover, MA 01810
Property Owner: Nursing Retirement Center of the Andovers, Inc.
200 Brickstone Square
Andover, MA 01810
Representative: Norman Hill
Land Planning, Inc.
214 Worcester Street
North Grafton, MA 01536
Notice of Intent Filed by: Norman Hill
Land Planning, Inc.
Date filed: November 16, 2010
Site Plans prepared by: Land Planning, Inc.
Stamped by:
Record Plans: Facility Expansion of Sutton Hill Center, Sheets 1- 3
Dated: October 13, 2010 and last revised December 8, 2010
Sheet 1 of 3 Existing Conditions Plan
_--_ _ _-_.---------__-_-- -----. _-Sheet-2-of 3 - - ----Site Development -Plan - - -
Sheet 3 of 10 Details
NACC #80,1801 Turnpike St, Sutton Hill Ctr.doc 1 NACC 1/27/2011
NACC #80
Record Documents:
Stormwater Review:
Stormwater Report
Prepared by: Land Planning, Inc.
Date: October 29, 2010
Stormwater Management Operation & Maintenance Plan
Prepared by: Land Planning, Inc.
Date: November 29, 2010
Construction Period Pollution Prevention and Erosion
Control & Maintenance Tasks and Schedule During
Construction
Prepared by: Land Planning, Inc.
Review letter prepared by Lisa Eggleston, P.E. dated
November 4, 2010;
Review letter prepared by Lisa Eggleston, P.E. dated
November 23, 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.
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 riotresume _ - --- - -
NACC #80,1801 Turnpike St, Sutton Hill Ctr.doc 2 NACC 1/27/2011
NACC #80
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
Ephemeral Pool. These resource areas are significant to the interests of the Bylaw as
noted above and therein. The applicant has not 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 Ephemeral Pool: WF11-WF15
connected back to WF11. The resource area (local jurisdiction only) was delineated by
Land Planning, Inc.
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 fifty foot (50') No -Disturbance Zone and a
seventy-five foot (75') 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.
35. This -document -shall -be included -in all construction -contracts, -subcontracts and - -
specifications dealing with the work proposed and shall supersede any conflicting
NACC #80,1801 Turnpike St, Sutton Hill Ctr.doc 3 NACC 1/27/2011
NACC #80
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. 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 "NACC #80."
40. 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) if required.
41. Any changes in the submitted plans caused by the applicant, another Board's decision or
resulting from this Order of Conditions must be submitted to the NACC for approval
prior to implementation. If the NACC finds said changes to be significant, the NACC will
call for another public hearing (at the expense of the applicant). Within 21 days of the
NACC #80,1801 Turnpike St, Sutton Hill Ctr.doc 4 NACC 1/27/2011
NACC #80
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.
42. It is the responsibility of the applicant, owner, and/or successor(s) to ensure that all
conditions of this Order of Conditions are complied with. The project engineer and
contractors are to be provided with a copy of this Order of Conditions and referenced
documents before commencement of construction.
43. Prior to any work commencing on site, the applicant shall submit to the NACC for
approval, a detailed sequence of construction, including 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.
44. 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.
45. 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.
The erosion control barrier will be properly installed and placed as shown on the Site
Development 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.
---
-46.-T--he-applicant -shall-have on -hand -at -the -start -of any -soil- disturbance, removal or ---
stockpiling, a minimum of 15 hay bales and sufficient stakes for staking these bales,
NACC #80,1801 Turnpike St, Sutton Hill Ctr.doc 5 NACC 1/27/2011
NACC #80
additional silt fence, and an adequate supply of emergency erosion controls including silt
sacks, jute matting and any other erosion controls the applicant proposes to use as part of
the Construction Period Pollution Prevention and Erosion Control Plan referenced herein.
47. A check payable to the Town of North Andover shall be provided in the amount of
$10,000 ($7,000 Parking lot; $3,000 stormwater, & infrastructure) 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.
48. 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
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.
49. 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' ncll-of-rari or greater (24 -Hour event) to ensure that-soils-remairi--- — - -- - --
stable, and erosion controls are adequate and secure.
NACC #80,1801 Turnpike St, Sutton Hill Ctr.doe 6 NACC 1/27/2011
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50. Prior to construction, the applicant shall permanently mark the edge of the "50' No -
Disturbance Zone" 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. Markers are available at the Conservation Department ($2 round; $3 square).
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, 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.
52. 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
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).
JISTORMWATER MANAGEMENT CONDITIONS
53. All construction and post -construction stormwater management systems shall be
constructed in accordance with the approved construction sequence, supporting
ocii e6ii and plans submitte--- ith the Notice of Tntent, this Order of Conditions, and
NACC #80,1801 Turnpike St, Sutton Hill Ctr.doc 7 NACC 1/27/2011
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the approved Operation and Maintenance Plan and Construction Period Pollution
Prevention and Erosion Control Plan referenced herein.
54. Permanent and temporary stormwater structures shall be constructed and functioning as
part of the initial project phase 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.
55. All stormwater best management practices shall be maintained as specified in the
Operation and Maintenance Plan submitted with the Notice of Intent and incorporated in
the Order of Conditions. The approved Operation and Maintenance Plan is fully binding
upon the applicant and/or owners, successors, agents, associations, heirs and assigns and
must be adhered to in perpetuity.
56. 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.
57. 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
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.
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.
59. Water quality down gradient of the Ephemeral Pool 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 and
Maintenance Plan and Construction Period Pollution Prevention and Erosion Control
Pan attacYied"" -erein an the associated stormwater management conditions mandated "� -
herein.
NACC #80,1801 Turnpike St, Sutton Hill Ctr.doc 8 NACC 1/27/2011
NACC #80
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. 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.
63. Accepted engineering and construction standards and procedures shall be followed in the
completion of the project.
64. 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.
65. Immediately upon completion of the retaining wall, and prior to further construction
activities associated with the site, the applicant shall complete a plan prepared by a
Registered Professional Land Surveyor of the Commonwealth (R.P.L.S.) which accurately
depicts the retaining wall 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.
66. A crushed stone construction entrance shall be installed at the construction entrance 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.
67. 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.
68. 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
-" - orlservation Departmenf has fofmally approved their removal:-- -- -
NACC #80,1801 Turnpike St, Sutton Hill Ctr.doc 9 NACC 1/27/2011
NACC #80
69. All proposed 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.
70. No dewatering activities are anticipated as part of this project. 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.
71. 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.
72. 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.
73. 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.
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 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.
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. Construction equipment/ vehicles shall not be staged overnight within 100 feet of a
wetland resource area.
77. There shall be no stockpiling of soil or other materials within seventy-five (75) feet of any
- resource area. Soils or other materials shall be stoekpiled-in locations approved -by-this-
department
ythisdepartment or within the designated areas as shown on the approved plans referenced
NACC #80,1801 Turnpike St, Sutton Hill Ctr.doc 10 NACC 1/27/2011
NACC #80
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.
78. Washings from concrete trucks, or surplus concrete,. shall not be directed to, any drainage
system, or wetland resource area. If concrete truck washing is required an area for this
activity shall be designated and approved by the Conservation Department.
79. All waste generated by, or associated with, the construction activity shall be contained
within the limit of work, and away from any wetland resource area. There shall be no
burying of spent construction materials or disposal of waste on the site by any other
means. The applicant shall maintain dumpsters (or other suitable means) at the site for
the storage and removal of such spent construction materials off-site. However, no trash
dumpsters will be allowed within 50' of areas subject to protection under the Act or local
ByLaw.
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.
AFTER 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. Prior to the issuance of a Certificate of Compliance, the applicant must submit proof 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 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 other perpetual conditions mandated in this Order.
83. 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
retaining wall as approved by the Conservation Department.
NACC #80,1801 Turnpike St, Sutton Hill Ctr.doc 11 NACC 1/27/2011
NACC #80
84. Fertilizers utilized for landscaping and lawn care shall be slow release, low -nitrogen types
(< 5%), and shall not be used within 25 feet of a resource area. Pesticides and herbicides
shall not be used within 100 feet of a wetland resource area. This condition shall survive
this Order of Conditions and shall run with the title of the property. This condition is
issued under the authority of the Towns Wetland Protection ByLaw and shall remain in
perpetuity.
85. There shall be no dumping of leaves, grass clippings, brush, or other debris into a wetland
resource area or within 50 feet of the ephemeral pool. This condition shall remain in
perpetuity.
86. Prior to the issuance of a Certificate of Compliance, the applicant shall engage a qualified
environmental professional )to be approved by the Conservation Department to submit
materials to NHESP to certify the potential vernal pool located on the property and
identified during site inspections.
87. 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.
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.
i. An "As -Built" plan prepared and signed and stamped by a Registered Professional
Civil Engineer (and/or Registered Professional Land Surveyor) of the
Commonwea t ,_f ort e pu is recor . T - is p an wi inc u e:
NACC #80,1801 Turnpike St, Sutton Hill Ctr.doe 12 NACC 1/27/2011
NACC #80
➢ "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.
➢ A line showing the limit of work and the extent of existing erosion control
devices. "Work" includes AU disturbance of soils or vegetation.
➢ Location of all subsurface utilities entering the property.
90. The following special conditions shall survive the issuance of a Certificate of
Compliance (COC) for this project:
➢ A 50 -foot No -Disturbance Zone and 75 -foot No -Build Zone shall be
established from the edge of adjacent wetland resource areas as approved
under NACC #80. 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 #50);
➢ 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 #61);
➢ All catch basins shall contain oil/ gasoline traps and shall be maintained
(Condition #69);
➢ Discharge or spillage of pollutants (Condition # 80);
- - - - - - ➢- Prohibition -of-underground -fuels-(Condition #81); - - - -- -
NACC #80,1801 Turnpike St, Sutton Hill Ctr.doc 13 NACC 1/27/2011
NACC #80
➢ Limitations on the use of fertilizers, herbicides, road salts, de-icing
compounds and pesticides (Conditions #83 & #84);
➢ Prohibition of dumping of leaves, grass clippings, brush, or other debris
(Condition #85);
➢ The approved "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 #55).
NACC #80,1801 Turnpike St, Sutton Hill Ctr.doc 14 NACC 1/27/2011
ILIWPA Form 5 - Order of Conditions
E. Signatures
This Order is valid for three years, unless otherwise specified as a special
condition pursuant to General Conditions #4, from the 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
Provided by MassDEP:
NACC#80
MassDEP File #
eDEP Transaction #
North Andover
City/Town
1. Vate o ssUance
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.
Sigi
❑ by hand delivery on
Date
F. Appeals
Pt
Xby certified mail, return receipt
requested, on ,
Date
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. 0312/2010 Page 11 of 12
WPA Form 5 - Order of Conditions
G. Recording Information
Provided by MassDEP:
NACC#80
MassDEP File #
eDEP Transaction #
North Andover
City/Town
Prior to commencement of work, 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:
1801 Turnpike Street
Project Location
Has been recorded at the Registry of Deeds of:
Essex North
County
for: Genesis Health Ventures, Inc.
Property Owner
NACC#80
MassDEP File Number
Book
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— ---
Page
wpaform5.doc • rev. 03/2/2010 Page 12 of 12
NACC #80
APPENDIX A - AFFIDAVIT
L on oath do hereby depose and state:
(authorized agent applicant and/or current owner)
(PLEASE CHECK AT LEAST ONE BLOCK)
1. I am the
( 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.
2. I am the
&/or
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.
0
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)
NACC #80,1801 Turnpike St, Sutton Hill Ctr.doc 15 NACC 1/27/2011
