Loading...
HomeMy WebLinkAboutMiscellaneous - 50 ROYAL CREST DRIVE 4/30/2018 (5) Ro7� S)4- BUILDING tBUILDING FILE Location/ No. DateG// i f • - TOWN OF NORTH ANDOVER Certificate of Occupancy $ Building/Frame Permit Fee $ Foundation Permit Fee $ Other Permit Fee 1`eO. $ TOTAL $ Check# (v^75�? ,r Building Inspector 1 C/\12S+ �U `1Q1 l �..Date�.�.3. , OF r►ORT#j '• c TOWN OF NORTH ANDOVER a PERMIT FOR WIRING sS+CHus� This certifies that ........................................................................1.................. ` --- CVv— has permission to perform ... .,....,.P„ ......��ra .P,e.a ................ wiring in the building of,,.,. V'!� ,�n.., ,. ..................................................... ........................ -;North Andover,Mass. Fee...J.; ...~.......Lic. No., -..t �...............t +.f°� .tt. . ... ........... 4 ELECTRICAL INSPECTOR Check# 2 5 4 7 Common wealth of Massachusetts Official Use Only Department of Fire Services Permit No. Occupancy and Fee Checked BOARD OF FIRE PREVENTION REGULATIONS [Rev. 1/07] (leaveblank APPLICATION FOR PERMIT TO PERFORM ELECTRICAL WORK All work to be performed in accordance with the Massachusetts Electrical Code(MEC),527 CMR 12.00 (PLEASE PRINT W INK OR TYPE ALL INFORMATION) Date: `1 I City or Town of: NORTH ANDOVER To the Inspector of Wires: By this application the undersigned gives notice of his or her hitention to perform the"electrical work described below. Location(Street&Number) � � �� ��L �.��y. N 'M Owner or Tenant ` N}�c�` t 1. t �ONS.�.\�'tN� Telephone No.Ctl'W' Owner's Address Is this permit in conjunction with a building permit? Yes ❑ No ❑ (Check Appropriate Box) Purpose of Building Utility Authorization No. - Existing Service Amps / Volts Overhead ❑ Undgrd❑ No.of Meters New Service Amps / Volts Overhead❑ Undgrd ❑ No.of Meters Number of Feeders and Ampacity Location and Nature of Proposed Electrical Work: Completion of the following table may be waived by the Inspector of Wires. No.of Recessed Luminaires No.of Cell:Susp.(Paddle)Fans No.of Total Transformers KVA No.of Luminaire Outlets No.of Hot Tubs Generators KVA No.of Luminaires Swimming Pool Above ❑ In- ❑ IN o.of Emergency Ligliting rnd. grnd. Batter Units No.of Receptacle Outlets No.of Oil Burners FIRE ALARMS No, of Zones No.of Switches No.of Gas Burners No.of Detection and Initiating Devices No. of Ranges No.of Air Cond. Tons TotNo.of Alerting Devices No.of Waste Disposers Heat Pump Number Tons KW No.of Self-Contained p Totals: Detection/Alerting Devices I No.of Dishwashers S ace/Area Heating KW Local❑ Municipal El Other P g Connection No.of Dryers Heating Appliances KW Security Systems:* Y No.of Devices or Equivalent No.of Water KWNo.of No.of Data Wiring: Heaters Signs Ballasts No.of Devices or Equivalent No.Hydromassage Bathtubs No.of Motors Total HP Telecommunications No.of Devices or Equivalent OTHER: Attach additional detail if desired,or as required by the Inspector of ff7res. Estimated Value of Electrical Work: y (When required by municipal policy.) Work to Start: ri—a Inspections to be requested in accordance with MEC Rule 10,and upon completion. INSURANCE COVERAGE: Unless way ed by the owner,no permit for the performance of electrical work may issue unless the licensee provides proof of liability' s�ance including"completed operation"coverage or its.substantial equivalent. The undersigned certifies that such cover cis in force,and has exhibited proof of same to the permit issuing office. CHECK ONE: INSURANCE BOND ❑ OTHER ❑ S ecify:) I certify,under the pains and penalties o erlury,that the in rmatl n application is true and complete. FIRM NAME: _ �t 5 LIC.NO.: \?-1VJ 6A Licensee: R���Kn_ Signature vs A y LIC.NO.: (If applicable enter "exem t"in the lic nse nz� r line.) Bus.Tel.No.:Q6'to4°l 129 1 Address: Nc Q 2. Alt.TeI.No.: *Per M.G.L c. 147,s.57-61,security work requires Department of Public Safety" "License: Lc. No. OWNER'S INSURANCE WAIVER: I am aware that the Licensee does not have the liability insurance coverage normally required by law. By my signature below,I hereby waive this requirement. I am the(check one)❑owner ❑owner's agent. Owner/Agent PERMIT FEE. $ )2 Signature Telephone No. �" ❑ 2012 Massachusetts Electrical Code Amendments 527 CMR 12.00§Rule 8: In accordance with the provisions of M.G.L.c. 143,§3L,the +4, permit application form to provide notice of installation of wiring shall be uniform throughout the Commonwealth,and applications shall be filed on the prescribed form.After a permit application has been accepted by an Inspector of Wires appointed pursuant to M.G.L c. 166, §32,an electrical permit shall be issued to the person, firm or corporation stated on the permit application. Such entity shall be responsible for the notification of completion of the work as required in M.G.L.c.143,§3L. Permits shall.be limited as to the time of ongoing construction activity,and may be deemed by the Inspector of Wires abandoned and invalid if he or she has determined that the authorized work has not commenced or has not progressed during the preceding 12-month period.Upon written application,an extension of time for completion of work shall be permitted for reasonable cause.A permit shall be terminated upon the written request of either the owner or the installing entity stated on the permit application. ❑ The Permit Extension Act was created by Section 173 of Chapter 240 of the Acts of 2010 and extended by Sections 74 and 75 of Chapter 238 of the Acts of 2012.The purpose of this act is to promote job growth and long-term economic recovery and the Permit Extension Act furthers this purpose by establishing an automatic four-year extension to certain permits and licenses concerning the use or development of real property.With limited exceptions,the Act automatically extends,for four years beyond its otherwise applicable expiration date,any permit or approval that was "in effect or existence"during the qualifying period beginning on August 15,2008 and extending through August 15,2012. ❑ Rule 8—Permit/Date Closed: ***Note:Reapply for new permit ❑ ❑Permit Extension Act—Permit/Date Closed: Trench Inspection Pass IN Failed Re-Inspection Required($.) ❑ Inspectors Comments: Inspectors Signature: Date: SERVICE INSPECTION: Pass 0 Failed Re-Inspection Required($.) ❑ Inspectors Comments: . Inspectors Signature: Date: 7-- 3�, f;S' PARTIAL ROUGH INSPECTION: Pass 0 Failed 0 Re-Inspection Required($.)❑ Inspectors Comments: p Inspectors Signature: Date: ROUGH INSPECTION: Pass IN Failed Re-Inspection Required($.) ❑ Inspectors Comments: Inspectors Signature: Date: FINAL INSPE ION: Pass IN Failed Re-Inspection Required($.) ❑ Inspectors Comments: In Inspectors Signature: Date: DEB WEINHOLD ...TOWN OF MERRIMAC, MA. .......dweinhold@townofinerrimac.com f The Commonwealth of.Massachusetts Department ofIndustrial Accidents X Congress Street,Suite 100 _ - Boston,MA 02114-2017 N_ f www mass.gov/dia O^M 5V'y Workers'Compensation insurance Affidavit:Builders/Contractors/Electricians/PlVn ers. TO BE FILED WITHTHE PERMITTING AUTHORITY please Print Le 'bl A ' licant Information u-k Na (Business/Orgaf&ation/1'ndividual): i lco Address: S �Q} Phone 4: �� ^ Z9 City/State/Zip: �t= ---- ,=A Arerill n employer?Check the appropriate box: Type of project(required): em to ees full and/or part-time).* 7. [1Nd*'donstruction 1. a employer with_ P y 2.❑I am a sole proprietor or partnership and have no employees working for me in S. E]Remodeling any capacity.[No workers'comp.insurance required.] 9, F!Demolition 3.Q I am a homeowner doing all work myself[No workers'comp.insurance required.] 10❑Building addition 4.❑I am a homeowner and will be hiring contractors to conduct all work on my property. I will 11.0 Electrical repaixs or additions ensure that all contractors either have workers'compensation insurance or are sole b' repairs or additions proprietors with no employees. 12. PlllTn-Ing p 5.❑I am a general contracto and 1 have hired the sub-contractors listed on the attached sheet. 13•. Roof repairs These sub-contractors have employees and have workers'comp.insurance t 14.0 Other 6.Q We are a coiporatiori and its,officers have exercised their right of exemption per MGL c. 152,§1(4),andwe have no employees.[No workers'comp.insurance required.] *Any applicant that checks bbk 41 most also fill out the section below showing their workers'compensation policy information. sthanew eh h Home . indicating or not fhosentites have ownerst ' - . -contractors and state wheth tContractors that check B1'. . attached naadditional h showing the all work andnameo employees. If the sub-contractors have employees,they must provide their workers'comp.policy number. X am an employer that is providing workers'compensation insurance for my employees. Below is the policy and job site information. Insurance Company Name: Expiration Date: Policy#or Self-ins.Lic.#: City/State/Zip: Job Site Address: Attach a copy of the workers' compensation policy declaration page(showing the policy number and expiration date). Failure to secure coverage as required ea well as civil ivier l penalties inthe form of as criminal TOP violation ORK ORDER and a fine of up to $250.00 a 25A i and/or one-year imprisonment, day against ato .A co y o tbis statement may be forwarded to the Office of Investigations of the DIA for Insurance coverage v rificatio . X do hereby rti n r t ai an enalties of perjury that the information provided above i i true and correct. Date: J Si ature: p, Phone#: �� l Official use only. Do not write in this area,to be completed by city or town official Permit/License City or Town: # Issuing Authority(circle one): 1.Board of Health 2.Building Department 3.City/Town Clerk 4.Electrical Inspector 5.Plumbing Inspector 6.Other Phone#• Contact Person l� r Information and Instructions Massachusetts General Laws chapter 152 requires all employers to provide workers'compensation for their employees. Pursuant to this statute,an employee is defined as"...every person in the service of another under any contract of hire, express or implied,oral or written." An employer is'defnied as"an individual;partnership,association,corporation or other legal entity,or any two or more of the foregoing engaged in a joint enterprise,and including the legal representatives of a deceased employer,or the receiver'or,trustee 6fan individual,partnership,association or other legal entity,employing employees.•However the owner of a dwelling house having not more than three apartments and who resides therein,or the occupant of the dwelling house of another who employs persons to do maintenance,construction or repair work on such dwelling house or on the grounds or building appurtenant thereto shall not because of such employment be deemed to be an employer." MGL chapter 152,§25C(6)also states that"every state or local licensing agency shall withhold the issuance or renewal of a license or permit to operate a business or to construct buildings in the commonwealth for any applicant who has not produced acceptable evidence of compliance with the insurance coverage required." Additionally,MGL chapter 152,§25C(7)states"Neither the commonwealth nor any of its political subdivisions shall enter into any contract for the performance of public work until acceptable evidence of compliance with the insurance requirements o£this chapter have been presented to the contracting authority." Applicants Please fill out the"workers' compensation affidavit completely,by checking the boxes that apply to your situation and,if necessary,supply sub=contractors)name(s),address(es)and phone number(s)along with their certificates)of insurance. Limited Viability Companies(LLC)or Limited Liability Partnerships(LLP)with no employees other than the members or partners,are not required to carry workers'compensation insurance. If an LLC or LLP does have employees,a policy is required. Be advised that this affidavit may be submitted to the Department of Industrial Accidents for confirmation of insurance coverage. Also be sure to sign and date the affidavit. The affidavit should be returned to the city or town that the application for the permit or license is being requested,not the Department of Industrial-Accidents. Should you have any questions regarding the law or if you are required to obtain a workers' compensation policy,please call the Department at the number listed below. Self-insured companies should enter their self-insurance license number on the appropriate line. - City or Town Offieials Please be sure that the affidavit is complete and printed legibly. The Department has provided a space at the bottom of the affidavit for you to fill out in the event the Office of Investigations has to contact you regarding the applicant. Please be sure to fill in the permit/license number which will be used as a reference number. In addition,an applicant that must submit multiple permit/license applications in any given year,need only submit one affidavit indicating current Policy information(if necessary)and under"fob Site Address"the applicant should write"all locations in (city or town)."A copy of the affidavit that has been officially stamped or marked by the city or town may be provided to the applicant as proof that a valid affidavit is on file for.future permits or licenses. A new affidavit must be filled out each year.Where a home owner or citizen is obtaining a license or permit not related to any business or commercial venture (i.e.a dog license or permit to bum leaves etc.)said person is NOT required to complete this affidavit. �r The Department's address,telephone and fax number: The Commonwealth of Massachusetts Department of Industrial Accidents 1 Congress Street, Suite 100 Boston,MA 02114-2017 Tel. #617-727-4900 ext.7406 or 1-877-MASSAFE Fax#617.727-7749 Revised 02-23-15 www.mass.gov/dia '\ � / I �� 1__I-- -: ��� /. • tFb COMMONWEALTH OF MASSACHUSETTS NUMBER BHP-2013-0255 North Andover • BOARD OF HEALTH FEE $60.00 Royal Crest Estates DATE ISSUED NAME January 01,2013 50 Royal Crest Drive Attn: Property Manager NORTH ANDOVER, MA 01845 - - ---------- - - - - - - ------------------ - ---------- ----- -- ---------------------- - -- - ----------------------------------- - -- ADDRESS IS HEREBY GRANTED A Dumpster Permit Dumpster PERMIT This permit is granted in conformity with the Statutes and ordinances relating thereto,and expires December 31,2013 unless sooner suspended or revoked. RESTRICTIONS:Allied Waste Company; Pickups 6 days per week;800.442.9006 ------------------ ----------------------- - ------- BOARD OF ----------- ----------------------------- - - - - --- HEALTH NOTES: Contact: Deana Susko;978.682.7200 ---------- -------- 1 ._.C� BOARD OFH ALT CHAIRMAN ...........*"*......... ---------- ...... ............................. ................"............."'"".......*............. Reference No: BHF-2002-000103 ............... ................... Permit No: BHP-2013-0255 Department: ................................... North Andover BOARD OF HEALTH ......................................................................................... Account No: 1001001.1.5.0510.00 Fee Type: .................................... Dumpster PERMIT Receipt No: REC-2013-000818 .................................... ......................................................................................... Paid By: Paid in Full On: Wed Dec 12 2012 .................................... Royal Crest Estates ......................................................................................... Check No: 4239114682 Received By: .................................... Lisa Blackburn ......................................................................................... DEPARTMENT'S COPY Amount: $60.00 ........................... ............................................................................................................................................................................ TOWN OF NORTH ANDOVER t Nosrp Office of COMMUNITY DEVELOPMENT AND SERVICES HEALTH DEPARTMENT Susan Y. Sawyer,RENS/RS 1600 OSGOOD STREET; BUILDING 20; UNIT 2035 Public Health Director NORTH ANDOVER,.MASSACI iUSETTS 01845 cuu$�g Phone:978.688.9540 Fax: 978.688.8476 E-mail: healthdept(Li)townofiiorthandover com APPLICATION FOR DUMPSTER PERMIT PURSUANT TO SECTION 31A AND 31B OF CHAPTER III OF THE GENERAL LAWS, AND RULES AND REGULATIONS OF THE NORTHANDOVER BOARD OF HEALTH DATE: Application is hereby made for a permit to maintain a dumpster(s) on property located at DELC 12 2012 in accordance with the rules and regulations of the Board of Health. U'E_ "Vu" Applicant: Appli � l�`�'-- � ��Prsperty Owner: Name of C(oontact: �\ Owners Address:_, C-1 01i ok h CA-1,j Address: Owners Phone#: C) Telephone#• Federal ID or SS#: 04 Dumpster Compan : 1 Telephone#: �Vuo —1�; Pick-Up Schedule: C'4 r S ) VV J On the back of this form, please sketch an outline of property,showing the proposed locati� th l dumpster(s). Give distance from dumpster to other buildings and lot lines or boundaries. Annual Dumpster Permit Fee: $60.00 per establishment �lv� Payable to: Town of North Andover. LATE FEE AFTER JANUARY 1St WILL BE DOUBLED -$120.00 *Please note that all contact information and the associated fee is required upon application submittal. Page IofI 644 (/ ' Cf,,ORT#f 4. t3:•�,•^; . dot F 9 Town of North Andover *`� :•'�'� HEALTH DEPARTMENT 11 ,Ss,ACHU CHECK`+tt t_" 3#: �-� DATE: LOCATION: H/O NAME: CONTRACTOR NAME: HOJ d P rA Type of Permit or License: (Check box) ❑ Animal $ ❑ Body Art Establishment $ ❑ Body Art Practitioner $ ❑ Dumpster $ ❑ Food Service-Type: $ ❑ Funeral Directors $ ❑ Massage Establishment $ ❑ Massage Practice $ ❑ Offal(Septic)Hauler $ ❑ Recreational Camp $ ❑ Sun tanning $ ❑ Swimming Pool $ ❑ Tobacco $ ❑ Trash/Solid Waste Hauler $ ❑ Well Construction $ SEPTIC Systems: ❑ Septic-Soil Testing $ ❑ Septic-Design Approval $ ❑ Septic Disposal Works Construction(DW0 $ ❑ Septic Disposal Works Installers(DWI) $ ❑ Title 5 Inspector $ ❑ Title 5 Report $ Other. (Indica s. I �u Health Rent Initials White-Applicant Yellow-Health Pink-Treasurer TOWN OF NORTH ANDOVER Permit Number NORTH ANDOVER,MASSACHUSETTS 01845 �oRrh Date Issued 0�,4Lgd 16�RI� Expiration Date Ssacaus¢ Jackie's Law — Permit Application Pursuant to G.L. c. 82A §1 and 520 CMR 7.00 et seq.(as amended) THIS PERMIT MUST BE FULLY COMPLETED PRIOR TO CONSIDERATION Name of Applicant Phone Cell H r►��t2 �Utt�jle QST,, Street Address /' � City/Town "i MA ZIP --�w ts?A)" M( - G Name of Excavator(if different from applicant) Phone Cell Street Address S p C City/Town MA I ZIP Name of Owner(s)of Property Phone Cell Street Address Ci /Town MA ZIP Other Contact "I Ll Q A ZZCC Permit Fee Received No Ye Description,location and purpose of proposed trench: Please describe the exact location of the proposed trench and its purpose(include a description of what is(or is intended)to be laid in proposed trench(eg;pipes/cable lines etc..) Please use reverse side if additional space is needed. EL-c-7 C-re-i CA L_ Insurance Certificate#: �—EKi ( e A s Name and Contact Information of Insurer: IvL4 f-4P+Kj ST P.©. )C -'(2$ Na err t-1--A-��ve�q e.-+ A a (?,,4S S H4 Policy Expiration Date: G tic 114 Dig Safe#: 'Z-0 Name of Competent Person(as defined by 520 CMR 7.02): Massachusetts Hoisting License# 4_il::: - It�ZCGIj License Grade: 2-0 Expiration Date: BY SIGNING THIS FORM, THE APPLICANT, OWNER, AND EXCAVATOR ALL ACKNOWLEDGE AND CERTIFY THAT THEY ARE FAMILIAR WITH, OR, BEFORE COMMENCEMENT OF THE WORK, WILL BECOME FAMILIAR WITH, ALL LAWS AND REGULATIONS APPLICABLE TO WORK PROPOSED,INCLUDING OSHA REGULATIONS,G.L. c. $2A,520 CMR 7.00 et seq., AND ANY APPLICABLE :MUNICIPAL ORDINANCES, BY-LAWS AND REGULATIONS AND THEY COVENANT AND AGREE THAT ALL WORK DONE UNDER THE PERMIT ISSUED FOR SUCH WORK WILL COMPLY THEREWITH IN ALL RESPECTS AND WITH THE CONDITIONS SET FORTH BELOW. THE UNDERSIGNED OWNER AUTHORIZES THE APPLICANT TO APPLY FOR THE PERMIT AND THE EXCAVATOR TO UNDERTAKE SUCH WORK ON THE PROPERTY OF THE OWNER, AND ALSO, FOR THE DURATION OF CONSTRUCTION,AUTHORIZES PERSONS DULY APPOINTED BY THE MUNICIPALITY TO ENTER UPON THE PROPERTY TO MONITOR AND INSPECT THE WORK FOR CONFORMITY WITH THE CONDITIONS ATTACHED HERETO AND THE LAWS AND REGULATIONS GOVERING SUCH WORK. THE UNDERSIGNED APPLICANT,OWNER AND EXCAVATOR AGREE JOINTLY AND SEVERALLY TO REIMBURSE THE MUNICIPALITY FOR ANY AND ALL COSTS AND EXPENSES INCURRED BY THE MUNICIPALITY IN CONNECTION WITH THIS PERMIT AND THE WORK CONDUCTED THEREUNDER,INCLUDING BUT NOT LIMITED TO ENFORCING THE REQUIREMENTS OF STATE LAW AND CONDITIONS OF THIS PERMIT,INSPECTIONS MADE TO ASSURE COMPLIANCE THEREWITH,AND MEASURES TAKEN BY THE MUNICIPALITY TO PROTECT THE PUBLIC WHERE THE APPLICANT OWNER OR EXCAVATOR HAS FAILED TO COMPLY THEREWITH INCLUDING POLICE DETAILS AND OTHER REMEDIAL MEASURES DEEMED NECESSARY BY THE MUNICIPALITY. THE UNDERSIGNED APPLICANT,OWNER AND EXCAVATOR AGREE JOINTLY AND SEVERALLY TO DEFEND,INDEMNIFY,AND HOLD HARMLESS THE MUNICIPALITY AND ALL OF ITS AGENTS AND EMPLOYEES FROM ANY AND ALL LIABILITY,CAUSES OR ACTION,COSTS,AND EXPENSES RESULTING FROM OR ARISING OUT OF ANY INJURY, DEATH, LOSS, OR DAMAGE TO ANY PERSON OR PROPERTY DURING THE WORK CONDUCTED UNDER THIS PERMIT. APPLICANT SIGNATURE DATE (( I EX AVATOR SIGNATURE (IF DIFFERENT) DATE OWNER'S SIGNATURE(IF DIFFERENT) DATE: ..... _.... _............. 21Pape OP ID: SHHE A� CERTIFICATE OF LIABILITY INSURANCE DAT09/04D/YYYY) 09/04/13 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFI ATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE ORP RODUCER,AND THE CERTIFICATE HOLDER. IMPORTANT: If the cert ficate holder is an ADDITIONAL INSURED,the policy(ies) must be endorsed. If SUBROGATION IS WAIVED,subject to the terms and condition of the policy,certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu 4 f such endorsement(s). PRODUCER Phone:978-688-6921 NAMEACT Jim Heider Macdonald$Pangione Insurance Fax:978-688-5350 PHONE 878.851-8544 FAX P.O.Box 428 A/c No Ext): A/C.No); 104 Main Street EMAIL North Andover, MA 01845 ADDRESS: Craig S Childs PRODUCER HEIDE-1 CUSTOMER ID#: INSURERS)AFFORDING"GE INSURED Heider Build ng Associates LLC INSURER A:Peerless Insurance Co 143 Marshall St Tewksbury, MA 01876 INSURER B: INSURER C: INSURER D INSURER E INSURER F COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTA14DING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR LTR TYPE OF INSURA CE N POLICY NUMBER MM/DAY MM/DDmYY LIMITS GENERAL LIABILITY EACH OCCURRENCE $ 11000,00 A X COMMERCIAL GENERAL LIABILITY GL4339740 09/10/13 09/10/14 PREMISES Ea occurrence) $ 100,00 CLAIMS MADE X OCCUR MED EXP(Any one person) $ 5,00 PERSONAL&ADV INJURY $ 1,000,00 GENERAL AGGREGATE $ 2,000,00 GEN'L AGGREGATE LIMIT APPLIES PER: I X7 POLICY -COMP/OP AGG $ 2,000,00 X POLICY PRO LOC $ AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT $ 1,000,00 ANY AUTO (Ea accident) ALL OWNED AUTOS I BODILY INJURY(Per person) $ AX SCHEDULED AUTOS BA 8812479 i 11/01/12 11/01/13 BODILY INJURY(Per accident) $ X PROPERTY DAMAGE $HIRED AUTOS (Per accident) X NON-OWNED AUTOS $ UMBRELLA UABOCCUR EACH OCCURRENCE $ EXCESS LU\B CLAIMS-MADE AGGREGATE $ DEDUCTIBLE RETENTION $ WORKERS COMPENSATION $ AND EMPLOYERS'LIABILITY XWCC STAIN T OTH- ER A ANY PROPRIETOR/PARTNER/EX CUTIVE Y/N WC4339804 I 09/10/13 09/10/14 E.L.EACH ACCIDENT $ 500,00 OFFICERIMEMBER EXCLUDED? N/A (Mandatory in NH) If yes,describe under E.L.DISEASE-EA EMPLOYEE $ 500,00 DESCRIPTION OF OPERATION below E.L.DISEASE-POLICY LIMIT $ 500,00 A Inland Marine 8811882 12/02/12 12/0 155,000 Ded E100 Rented Equipmen DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES (Attach ACORD 101,Additional Remarks Schedule,If more space Is required) Additional insured: AIMCO North Andover, LLC, 50 Royal Crest Drive, North Andover MA 01845. CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE Conerstone Land Consultants THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN 61 Main Street ACCORDANCE WITH THE PO Y PROVISIONS. Pepperell, MA AUTHORIZED REPRESENT Craig S Childs ©1988-2009 ACORD CORPORATION. All rights reserved. ACORD 25(2009/09) The ACORD name and logo are registered marks of ACORD - � 1►']l1<'l .C',�19IQII `: £s �5 ' ppltca ee Y .c+ z r ✓ r' r CONDITIONS AND REQUIREMENTS PURSUANT TO G.L.C.82A AND 520 CMR 7.00 et seq. (as amended) By signing the application,the applicant understands and agrees to comply with the following: i. No trench may be excavated unless the requirements of sections 40 through 40D of chapter 82,and any accompanying regulations,have been met and this permit is invalid unless and until said requirements have been complied with by the excavator applying for the permit including,but not limited to,the establishment of a valid excavation number with the underground plant damage prevention system as ii, said system is defined in section 76D of chapter 164(DIG SAFE); Trenches may pose a significant health and safety hazard. Pursuant to Section i of Chapter 82 of the General Laws,an excavator shall not leave any open trench unattended without first making every reasonable effort to eliminate any recognized safety hazard that may exist as a result of leaving said open trench unattended. Excavators should consult regulations promulgated by the Department of Public Safety in order to familiarize themselves with the recognized safety hazards associated with excavations and open trenches and the procedures required or recommended by said department in order to make every reasonable effort to eliminate said safety hazards which may include covering, barricading or otherwise protecting open trenches from accidental entry. Persons engaging in any in any trenching operation shall familiarize themselves with the federal safety standards promulgated by the Occupational Safety and Health Administration on excavations:29 CFR 1926.650 et.seq.,entitled Subpart P"Excavations". IV. Excavators engaging in any trenching operation who utilize hoisting or other mechanical equipment subject to chapter 146 shall only employ individuals licensed to Y operate said equipment b the Department of Public Safety pursuant to said chapter and this permit must be presented to said licensed operator before any excavation is commenced; V. By applying for,accepting and signing this permit,the applicant hereby attests to the following:(1)that they have read and understands the regulations promulgated by the Department of Public Safety with regard to construction related excavations and trench safety; (2)that he has read and understands the federal safety standards promulgated by the Occupational Safety and Health Administration on excavations:29 CMR 1926.650 et.seq.,entitled Subpart P'Excavations"as well as any other excavation requirements established by this municipality;and(3)that he is aware of and has,with regard to the proposed trench excavation on private property or proposed excavation of a city or town public way that forms the basis of the permit application,complied with the requirements of sections 40- 40D of chapter 82A. vi. This permit shall be posted in plain view on the site of the trench. For additional information please visit the Department of Public Safety's website at www,mass.g-ov/dPss 3Page THE COMMONWEALTH OF MASSACHUSETTS TOWN OF NORTH ANDOVER BOARD OF HEALTH Date: 1/03/01 Fee: $25.00 Permit# 246-1 D This is to certify: Flatley Company 50 Royal Crest No. Andover, MA 01845 is hereby granted a.... DUMPSTER PERMIT This permit is granted in conformity with statutes and ordinances relating thereto, and expires December 31, 2001 unless sooner suspended or revoked. Gayton Osgood, Chairman Francis P. MacMillan, M.D., Member John S. Rizza, D.M.D., Member TOWN OF NORTH ANDOVER BOARD OF HEALTH 27 CHARLES STREET NORTH ANDOVER, MA 01845 TELEPHONE (978) 688-9540 APPLICATION FOR DUMPSTER PERMIT PURSUANT TO SECTION 3 1 A AND 3 1 B OF CHAPTER III OF THE GENERAL LAWS, AND RULES AND REGULATIONS OF THE NORTH ANDOVER BOARD OF HEALTH DATE: r Application is hereby made for a permit to maintain a dum ster(�roperty located at o CS VAb in accordance with the rules and regulations of the Bo4d of Health. Number of Dumpsters: Check use: Residential use () Commercial use ( ) 30 day temporary () Annual Name of applicant: �'��Hl ' Cbt Es�(A G� Owner of property: � _ Rp,-tE C©ju hN Telephone#: Cy.R& �i- ��a� Y P Dumpster Company: Telephone#: 8W-'449 qO6� Pick-Up Schedule: p)NAV Trash Contractor: r�Av-* L&S C(Gnn�F�S Frequency of Pick-Up:N_C\� On the back of this form, please sketch an outline of properly, showing the proposed location of the dumpster(s). Give distance from dumpster to other buildings and lot lines or boundaries. Mt FEE: $25.00 per establishment Payable to: Town of North Andover LATE FEE AFTER JANUARY 15` WILL BE DOUBLED -$50.00 ♦iD 4F Garages s Im tenance (` < aQQQ '� Cd�d 17 ,,,•� � �e t � 26 `�a' 4 7 h 25 24 A N + r Putting �n� 20 21 _ 40� 7 _ Green Tennis court 22 - _ aiml - !g 39 r o Pool OPu t ing D ive Green est Ci �? C Tennis O 40� e5 �Pst 9 Club � 3? I ' w 4kGate House 42 > 2 Mile Jogging Course c�ee 1�0�teS � Pond 1 trQ�eS KW "w ABATEMENT CONTROL SEM/CES, /NC. ENVIRONMENTAUDEMOLITION CONTRACTORS May 26,2005 FZFr.EIVED NORTH ANDOVER BOARD OF HEALTH MAY 2 7 27 Charles Street 2005 North Andover,MA. 01845 ,OF NORTH ANDOVER 978-688-9540 rar—ALTH DEPARTMENT DEAR SIR/MADAM ENCLOSED PLEASE FIND A COPY OF NOTIFICATION SENT TO THE STATE FOR AN ASBESTOS ABATEMENT PROJECT. THE JOB WILL TAKE PLACE ON: Thursday,June 9,2005 LOCATION: ROYAL CREST ESTATES 50 ROYAL CREST DR. NORTH ANDOVER,MA. ANY QUESTIONS CONCERNIG THIS MATTER SHOULD BE DIRECTED TO MY ATTENTION. S ERLY, FRANK BAL GH PRESIDENT 129 NEWTON ROAD PLAISTOW, NH 03865 (603)382-4035 (603)382-4036 Toll Free(888)870-9292 Fax(603) 382-4037 V y ti. - Commonwealth of Massachusetts 100017890 Asbestos Notification Form ANF-001 Decal Number Important: When filling out A. Asbestos Abatement Description forms on the computer,use 1. a. Is this facility fee exempt-citY� town, district, municipal housing authority, owner-occupied only the tab key residence of four units or less? ❑Yes ❑✓ No to move your cursor-do not b. Provide blanket decal number if applicable: Blanket Decal Number use the return key. 2. Facility Location: if I I' ROYAL CREST ESTATES 50 ROYAL CREST DRIVE a.Name of Facility b.Street Address NORTH ANDOVER I MA 1 101845 (978)360-0051 6I&A c.City/Town d.State e.Zip Code f.Telephone Number INSTRUCTIONS 3. Worksite Location: 1.All sections of this UNITS: 12-09, 38-07, 42-06 L� form must be a.Building Name/Building Location b.Building# c.Wing d.Floor e.Room completed in order to comply with 4. Is the facility occupied? ❑Yes ✓❑No DEP notification requirements of 310 CMR 7.15 5. Asbestos Contractor: and the Division of occupational JACS ENVIRONMENTAL SERVICES 129 NEWTON RD Safety(DOS) a.Name b.Address notification PLAISTOW 03865 6033824035 requirements of 453 CMR 6.12 c.Ci /Town d.Zip Code e.Telephone Number AC000362 f.DOS License Number g. Contract Type: ❑✓ Written E]Verbal h.Facility Contact erson i.Contact Person's Title JOSE ALICEA JAS032747 6' a.Name of On-Site Supervisor/Foreman b.Supervisor/Foreman DOS Certification Number ENVIROTEST LAB, INC. AA000128 �' a.Name of Project Monitor b.Project Monitor DOS Certification Number ENVIROTEST LAB,INC. AA000128 8' a.Name of Asbestos Anal ical Lab b.Asbestos Analytical Lab DOS Certification Number -0 9. 06/09/2005 1 106/10/2005 a.Project Start Date mm/dd/ b.End Date mmldd/ 0 7-4 1 7-4 �N c.Work hours Mon-Fri. d.Work hours Sat-Sun. c) 10. a. What type of project is this? =o ❑ Demolition ❑ Renovation IREMOVAL ❑ Repair ❑✓ Other, please specify: b.Describe 11. a. Check abatement procedures: _0 ❑Glove bag ❑ Encapsulation o ❑ Enclosure ❑ Disposal only =U ❑Cleanup ❑Other, specify: ✓❑ Full containment b.Describe —"Mmm!Mz =Q 12. Is the job being conducted: 0 Indoors? ❑Outdoors? anf001 ap.doc-10/02 Asbestos Notification Form-Page 1 off 3f�i■ - Commonwealth of Massachusetts 100017890 Asbestos Notification Form ANF-001 Decal Number B. Facility Description (cont.) 5' a.Name of General Contractor (� b.Address IJ c.City/Town d.Zip Code e.Telephone Number area code and extension f.Contractor's Worker's Comp.Insurer q.Policv Number h.Exp.Date mm/dd/ 6. What is the size of this facility? a.Square Feet b.Number of floors C. Asbestos Transportation and Disposal 1. Transporter of asbestos-containing material from site to temporary storage site(if necessary): ABATEMENT CONTROL SERVICES, INC. 129 NEWTON ROAD Note:Transfer a.Name of Transporter b.Address Stations must IPLAISTOW, NH. 03865 (603)382-4035 comply with the c.City/Town d.Zip Code e.Telephone Number Solid Waste Division 2. Transporter of asbestos-containing waste material from removal/temporary site to final disposal site: Regulations 310 CMR 19.000 SERVICE TRANSPORT GROUP, INC. 158 PYLEA LANE a.Name of Transporter b.Address INEW CASTLE, DE. 19720 (877)999-9559 c.Cit /Town d.Zip Code e.Telephone Number 3. a.Refuse Transfer Station and Owner b.Address c.Ci /Town d.Zip Code e.Telephone Number 4. JA& L SALVAGE INC a.Final Disposal Site Location Name b.Final Disposal Site Location Owner's Name 11225 STATE ROUTE 45 1 JUSBON c.Final Dis osal Site Address d.Ci /Town OH 44432 (330)424-3937 co e.State f.Zip Code g.Telephone Number �o -° D. Certification 9-N The undersigned hereby states, under the IFRANK BALOGH penalties of perjury,that he/she has read the a.Name b.Authorized Signature �o Commonwealth of Massachusetts regulations PRESIDENT 05/26/2005 for the Removal, Containment or c.Position/Title d.Date mm/dd/ i Encapsulation of Asbestos, 453 CMR 6.00 and (603)382-4035 I- 310 CMR 7.15, and that the information contained in this notification is true and correct e.Telephone Number f.Representing to the best of his/her knowledge and belief. 129 NEWTON ROAD p q.Address u_ PLAISTOW, NH. 03865 h.City/Town i.Zip Code �Z �Q an oc•10/02 Asbestos Notification Form•Page 3 of 3 ABATEMENT CONTROL SEB ICES, INC. ENVIRONMENTAUDEMOLITION CONTRACTORS Mom FZ 205 O May 4,2005 NORTH ANDOVER BOARD OF HEALTH 27 Charles Street North Andover,MA.01845 978-688-9540 DEAR SIR/MADAM ENCLOSED PLEASE FIND A COPY OF NOTIFICATION SENT TO THE STATE FOR AN ASBESTOS ABATEMENT PROJECT. THE JOB WILL TAKE PLACE ON: Tuesday,May 17,2005 LOCATION: ROYAL CREST ESTATES 50 ROYAL CREST DR. NORTH ANDOVER,MA. ANY QUESTIONS CONCERNIG THIS MATTER SHOULD BE DIRECTED TO MY ATTENTION. SINCERLY, v FRANK BALOGH PRESIDENT 129 NEWTON ROAD • PLAISTOW, NH 03865 • (603)382-4035 (603)382-4036 Toll Free(888)870-9292 Fax(603) 382-4037 Commonwealth of Massachusetts 100016949 Asbestos Notification Form ANF-001 Decal Number Important: When filling out A. Asbestos Abatement Description forms on the computer,use 1. a. Is this facility fee exempt-city, town, district, municipal housing authority, owner-occupied only the tab key residence of four units or less?❑Yes 0 No to move your cursor-do not b. Provide blanket decal number if applicable: use the return Blanket Decal Number key. 2. Facility Location: VQ ROYAL CREST ESTATES 50 ROYAL CREST DRIVE a.Name of Facility b.Street Address NORTH ANDOVEMA 01845 R (978) 360-0051 c.City/Town d.State e.Zip Code f.Telephone Number INSTRUCTIONS 3. Worksite Location: 1.All sections of this 7 UNITS form must be a.Building Name/Building Location b.Building# c.Wing d.Floor e.Room completed in order to comply with 4. Is the facility occupied? ❑✓ Yes ❑No DEP notification requirements of 310 CMR 7.15 5. Asbestos Contractor: and the Division of Occupational JACS ENVIRONMENTAL SERVICES 129 NEWTON RD Safety(DOS) a.Name b.Address notification PLAISTOW 03865 6033824035 requirements of 453 CMR 6.12 c.City/Town d.Zip Code e.Telephone Number AC000362 f.DOS License Number g. Contract Type: ❑Written ❑Verbal h.Facilily Contact erson i.Contact Person's Title CHRIS DEMONACO I JAS033137 6' a.Name of On-Site Supervisor/Foreman b.Supervisor/Foreman DOS Certification Number ENVIROTEST LAB, INC. AA000128 �' a.Name of Project Monitor b.Project Monitor DOS Certification Number ENVIRTEST LAB, INC. AA000128 8' a.Name of Asbestos Analytical Lab b.Asbestos Analytical Lab DOS Certification Number 0 9. 05/17/2005 05/25/2005 a.Project Start Date mm/dd/ b.End Date mm/dd/ �0 7 -4 1 17-4 N c.Work hours Mon-Fri. d.Work hours Sat-Sun. o 10. a. What type of project is this? o ❑ Demolition ❑ Renovation IREMOVAL ❑ Repair ✓❑ Other, please specify: b.Describe 11. a. Check abatement procedures: o ❑ Glove bag ❑ Encapsulation i o ❑ Enclosure ❑ Disposal only �u- ❑Cleanup ❑Other, specify: ✓❑ Full containment b.Describe -�z �Q 12. Is the job being conducted: ✓❑ Indoors? ❑Outdoors? anf001ap.doc-10/02 Asbestos Notification Form•Page 1 of 3 Commonwealth of Massachusetts 100016949 Asbestos Notification Form ANF-001 Decal Number A. Asbestos Abatement Description (cont.) 13. Total amount of each type of Asbestos Containing Materials(ACM)to be removed, enclosed, or enca sulated: 0 1 12500 a. I otal pipes or ducts linear ) otal other su aces square c.Boiler,breaching,duct,tank surface coatings Lin.ft. Sq.ft. d.Insulating cement Lin.ft. Sq.ft. e.Corrugated or layered paper I f.Trowel/Sprayer coatings pipe insulation Lin.ft. Sq.ft. Lin.ft. Sq.ft g.Spray-on fireproofingLin Sq� h.Transite board,wall board Lin Sq.ft. i.Cloths,woven fabrics j.Other,please specify: 2500 Lin.ft. Sq.ft. Lin.ft. S .ft. k.Thermal,solid core pipe SEEM TAPE insulation Lin.ft. Sq.ft. I.Specify 14. Describe the decontamination system(s)to be used: FULL CONTAINMENT 15. Describe the containerization/disposal methods to comply with 310 CMR 7.15 and 453 CMR 6.14(2)(g): WET REMOVAL INTO 6 MIL POLY ASBESTOS LABELED BAGS 16. For Emergency Asbestos Operations, the DEP and DOS officials who evaluated the emergency: a.Name of DEP Official b.Title c.Date(mm/dd/yyyy)of Authorization d.DEP Waiver# e.Name of DOS Official t.U06 UMcial Title N g.Date(mm/dd/yyyy)of Authorization h.DOS Waiver# � �0 17. Do prevailing wage rates as per M.G.L. c. 149, §26, 27 or 27A—F apply to this project? ❑Yes No B. Facility Description N �o 1. Current or prior use of facility: REDIDENCE �o ❑ 2. Is the facility owner-occupied residential with 4 units or less? F1 Yes No 3 A.I.M.C.O. 50 ROYAL CREST DRIVE a.Facili Owner Name b.Address �o NORTH ANDOVER, MA. 101845 1 1978-681-1822 o c.Cit /Town d.Zip Code e.Telephone Number area code and extension 4' Z a.Name of FacilityOwner's On-Site Manager b.On-Site Manager Address � �Q c.City/Town d.Zip Code e.Telephone Number(area code and extension) anf001 ap.doc•10/02 Asbestos Notification Form-Pa e 2 of 3 I Commonwealth of Massachusetts - r 100016949 Asbestos Notification Form ANF-001 Decal Number B. Facility Description (cont.) ABATEMENT CONTROL SERVICES, INC. 129 NEWTON ROAD 5' a.Name of General Contractor b.Address PLAISTOW, NH. 03865 603-382-4035 c.Ci /Town d.Zip Code e.Telephone Number area code and extension f.Contractors Worker's Comp.Insurer q.Policy Number h.Exp.Date mm/dd/ 6. What is the size of this facility? a.Square Feet b.Number of floors C. Asbestos Transportation and Disposal 1. Transporter of asbestos-containing material from site to temporary storage site(if necessary): ABATEMENT CONTROL SERVICES, INC. 129 NEWTON ROAD Note:Transfer a.Name of Transporter b.Address Stations must IPLAISTOW, NH. 03865 (603)382-4035 comply with the c.City/Town d.Zip Code e.Telephone Number Solid Waste Division 2. Transporter of asbestos-containing waste material from removal/temporary site to final disposal site: Regulations 310 CMR 19.000 ISERVICE TRANSPORT GROUP, INC. 58 PYLES LANE a.Name of Transporter b.Address NEW CASTLE, DE. 119720 (877)999-9559 c.Ci /Town d.Zip Code e.Telephone Number 3. a.Refuse Transfer Station and Owner b.Address c.Ci /Town d.Zip Code e.Telephone Number 4. JA& L SALVAGE INC a.Final Disposal Site Location Name b.Final Disposal Site Location Owner's Name 11225 STATE ROUTE 45 JUSBON c.Final Dis osal Site Address d.Ci /Town OH 7 44432 1 1(330)424-3739 �M e.State f.Zip Code g.Telephone Number �o -° D. Certification �N The undersigned hereby states, under the IFRANK BALOGH �0 penalties of perjury,that he/she has read the a.Name b.Authorized Signature o Commonwealth of Massachusetts regulationsPRESIDENT 05/04/2005 for the Removal, Containment or Encapsulation of Asbestos,453 CMR 6.00 and c.Position/Title d.Date mm/dd/ 310 CMR 7.15, and that the information (603)382-4035 A.C.S. INC. contained in this notification is true and correct e.Telephone Number f.Representing c) to the best of his/her knowledge and belief. 1129 NEWTON ROAD o q.Address U. IPLAISTOW, NH. 103865 Z h.City/Town i.Zip Code � Q anf001ap.doc-10/02 Asbestos Notification Form-Page 3 of 3 ABATEMENT CONTROL SER ICES, INC. ENV[RONMENTAUDEMOLITION CONTRACTORS R *"""ED MAR 3 2005 ;.c P-.NDOVER TO'�',':.. '}`;: r.: sartTMENT March 22,2005 NORTH ANDOVER BOARD OF HEALTH 27 Charles Street North Andover,MA. 01845 978-688-9540 DEAR SIR/MADAM ENCLOSED PLEASE FIND A COPY OF NOTIFICATION SENT TO THE STATE FOR AN ASBESTOS ABATEMENT PROJECT. THE JOB WILL TAKE PLACE ON: MONDAY, APRIL 11,2005 LOCATION: ROYAL CREST ESTATES 50 ROYAL CREST DR. NORTH ANDOVER,MA. ANY QUESTIONS CONCERNIG THIS MATTER SHOULD BE DIRECTED TO MY ATTENTION. SINCERLY, FRANK BALOGH PRESIDENT 129 NEWTON ROAD PLAISTOW, NH 03865 (603)382-4035 • (603)382-4036 • Toll Free(888)870-9292 Fax(603)382-4037 1 . 01 �> � eommoowes/�ofiYa�acbnseus AsbeS&SAln/ONAMoM—�iYf4#1 301429 13 rars�ostas.�ba�ee�aotoes�Gvaoo 1. facilitylocation: ROYAL CRES7 ES747ES 50 ROYAL CREST DRIVE • n� pISiBOCTi0M8 NOR7K ANDOVER., MA. 01845 - 978-360-0051 1.AY sections of the form matbe11NI7S: 03-12, 10-09, 14-04 —02, 26-03;" 19"=01, 40—.09, 42-05, 42`10, completed In order to aon,pNwandre xgartsotierrantprebradnn7erragrr r,rditQ Rao raven 4 4 4—'12 Departmwt or _ Envlroarrartal zis the loamy ooaow? . '�7` Yes [ No Protertbrr nests or 310 a4R 7.15 3 Asbestos GarttraCtOr• CMR 7. (len rra�Yq . i rradxvot» ABATEMENT- CONTROL SVC,INC. 129 NE4I.701V ROAD j0flabwand re PLAIS701J, NK. 1'316 5 t: 603=382=-4035 ! nouranon oiY/r~ zoOde r 1 rapirementsof453 AC000362 Written a4R6.12(knatr,f Akr1VmOl0ObnG L1t/Lk J COVVd7yAs(K'nMW4WYertvQ rsr7�edaAAVY .. . gyp° 4. On-Site Project Supervisor/Foreman: w. parkrdharr 0lreie JOSE ALICEA., AS032747 Form To: Aftrrk O!!Ce'Arjcadbn i CommomveaRh of "assaawsem S. Project Monitor: s. PAA12MY-00 SA/7E AS ABOVE SA/�E PAA 120087 0087 3 This Farm maybe Aline .LlLI t used far noWng the US.Emhonmmtal Rorewar Agency 6. Asbestos Analytical tab: i Regoar 1 d asbestus ENVIR07ES7 LAB, INC. AA000128 operau"skied to s wart 04/11105 04/22105 `""' 7. Project start date end date specific work hours(Mon.-M.) 7 am 4 am(Sat.-Sun.) r«WNW use orgy 8. What type of Project is this? din hUw IW!r renovationc:jN� ASBESTOS RENQYAL 4. Describe the asbestos abaternent procedures to.be used: glowArg ax*w e aeowedace �.dear/uP eXW&&W i wr/y o04er(e 4Z--- 10. Is the job being conducted indoors ❑outdoors? _ • VamitsWDrwdoailed .. .: .;:. '':- 11. Total amount.of ea Containing Materials(ACM)to be handled on pipes or ducts(linear tt) or other . Detla01�` (square tt) �emoved,endased or encapsulated: LkwW feet th*W sawre feet ' �' akQmMxiAicsaarat�y� 71�+LAtiFlmepbrhabun . m+Wu6do-+oatdaim-a5ramaaEr,. Jnn.�ym„mr - - .. - Tiwrq�tarermuigs QbSt r!owrANtt Tisrwa!�neVtmd .. -. .. .:.'l ttolr,(pttearderortrJ abtr(pEvxdxnfrJ . i be used: S K E E 7R O C K SEEN 3 0 0 0sz oesol6e the decontamination system(s)to 7A%E 1 FULL CON7AINMEN7 13. Desoibe the aontainerhation/disposw metes to comply with 310 CMR 7.15 and 453 CMR 6.14(2)(g): i ! Wet removal Mato 6 mil Poly Asbestos Labeled Bags 14. for Emergency Asbestos Abatement Operations,the DEP and DU officials who evaluated the em erg i n�»edvEva>lxai ML* Alto OfAfty&a&77 WaA¢rJ Mm vfALrt dkw 77�e f1r<rdAaLlasratEn Wa!`srt . is. Do prevailing wage tabes apply as per M.G.L c.149,§26,27,or 27A-F to tills project? ❑yes No ---ftv.6/92 • fsc�0osd�Adoo • L'%current orpn«use offadW- RESIDENCE L Is the faa aV owner-occupied residential with 4 units or less? Q Yes No 3. FadlityOwner: . AL C/2ES7 - A. I. 8. C. 0. 50 /2U y A*W AtT845 n . 97.8-681- 1822. NORM ANDOVER, MA. - arra+ z(o Z 4. FadUty's Owners On-Site Manager. Name .... T . ,woe zo code TtYe�?are ConO&ac&v1 WarArrs Ca7?A Iasr . ' PahW if S'Date 15,; 000 6. What Is the size of the facility? (sq ft) 2 V floors) -` ,asbosroshoospo�radoosodofsooso/ ` _ 1. Transporter of asbestos-containing waste material from site to temporary storage site(if necessary)to final disposal site? 129 NE070N ROAD x ABATEMENT CONTROL SERVICES,INC. 1 i LAIS701d, N11. 03865 3-382-4035 aryrro„n zo were rekrre 2. Tra-aporter or asl>�-contawng waste materials from removal/temporary storage site to final disposal site: . SERVICE 7RANSi OR7 yROIZi, INC-58 PYLES LANE ! . AWW NEU CAS7L62, D6. M20 877-999-9559 } �Y/To»nTir°ma�e T�A +e . i� Nola rMBA' 3. Refuse transfer station and owner(If applicable): .� 57atkvsaxwsf CCn{ay rNuYl Ale tA&,K Aotfietr _ Sct�Wa�fe . _ Qtilsbn/ T . btves'310afR a!y/Ta,wi Igvonare - - - JAM 4. Final Dtsposat Site - -- A & L SALVA_ GE, INC. A 9 L SALVAQE, INC. coragf�,nwme 11225 S. i2. 45 i. O. BOX 333 330-4.24-3739' LISBON, -01L 44432 ; ary/Tarau Dp oade TNgaOorre The undmilyiadheieby$tates,.under the penardes of perjury,that he/she has read the Comrronwealtti of.Massadtusetts Regulations for the Removal,Cont urmtor En apsulatim of Asbestos,453 04R 6.00 and 310 QNA7.15 and that the information contained in this notification is trace and correct to the best of his/her' and i� 8ARCh: 22, 2005 FRANK BALOGH Ary A&M ed nature ArR'. PRESIDENT ABATE NT CONTROL SVC r INC:" 603-382-4035 29N.EGIT.UN ROAD rLAIS7LJGl, NK. T0�3865 Aafd>Cc O!y/loM'' zoavL- Fee exempt(C*,Town,disb4.munidpal housing authority,owner-occupied residential of four units or less)?❑Yesr No Sttdter s(from front of form): 3 014 2 9 ABATEMENT CONTROL SERVICES, INC. ENVIRONMENTAL / DEMOLITION CONTRACTORS REcE1VEp FEB 2 2 2005 February 18,2005 ro OF NORTH ANDOVER BOARD OF HEALTH yFA�� ARTMEIVTER 27 Charles Street North Andover,MA. 01845 978-688-9540 DEAR SIR/MADAM ENCLOSED PLEASE FIND A COPY OF NOTIFICATION SENT TO THE STATE FOR AN ASBESTOS ABATEMENT PROJECT. THE JOB WILL TAKE PLACE ON: MONDAY, MARCH 7,2005 LOCATION: ROYAL CREST ESTATES 50 ROYAL CREST DR. NORTH ANDOVER,MA. ANY QUESTIONS CONCERNIG THIS MATTER SHOULD BE DIRECTED TO MY ATTENTION. SINC RLY, FRANK BALOGH PRESIDENT 129 NEWTON ROAD • PLAISTOW, NH 03865 • 603-382-4035 • 603-382-4036 • Toll Free 888-870-9292 • Fax 603-382-4037 I i f �, ��„ G'oa�aroowoa/rbol�ffasseebasolts 301425 • asaosras,�sromeotOes�amAvrion 1. Facility location: ROYAL CRES7 ESTATES 50 ROgAL CRES7 DRIVE - asieusnoMs NOi2TK ANDOVE/2, 11A. . 01845 978-360-0051 1.Au sections of this afr/rm n rm Cade T form must be UNITS: 09.-04, 16-06, 23-08,, 28-05, 3 4-05, 3 7, 41-02, 41- 11, 45-08 Completed in order to46-03 cool With am wnater 0*norCw1'e br0WO? Yff4A g nar»e•sAlga; ,"W corm Department of Fnvivo mmW 2. is the facility occupied? tr Yes ❑ No Protection nodfiotan 'I requirementsof310 3.. Asbesb%Contractor: CMR 7.15(tm Mwd'6+y s r avv'1� ABATEMENT'CONTROL SVC r INC.- 129 NE6177N ROAD aanti the Ornep.,U nacnt AWW of Labor and PLAIS701i, N11 :_ 03865 603-=382-4035 tnaustries - rhodr�twn Olry/rowrr rm awfe reAgaoase requirements of453 AC000362 Written CMR 6.12(A:n dt,lr pnwrnobvkaaon B DULkhnsae 1 Cr7tract rW(Ma-ar YW400 dAAfY - 4. On-Site Project Supervisor/Foreman: JOSE ALICEA AS032747 2.submit 0dowl AWw DUC&WrA3Dtre r Fam To: commonwealth of Massachusetts ' S. Project Monitor: Asbestus Program .• SAME P.0.8.120087-0087 S A E 3.This Ferrrh may be Name .OV C&V AWAV if used for mWft the i protection Agerwyy 6. Asbestos Analytical Lab: demoRdWr� ENVIRO7ES7 LAB, INC. AA000128 operations sub)ect to Arame DaCeAwra m if NEWPS.(40 CFR Subpart M� 3/7/05 3/18/05 7 7. Project start date end date specific work hours(Mon.-M.) am 4 cam(Sat.-Sun.) ' fa oremr ' e. what type of project is this7 demarrAIM replair renovation tlJe e>�airi • ASBESTUS R680e 9. Descri sbest abatement procedures to_be used glove bag eodasrae Pwod1 a date a ntainment de3nup enr,>�Srdatron dWO-01 a'hff(dW1a k— lo. is the job being conducted.Undoors❑outdoors? 11. Total amount.of each type of Asbestos Containing Materials(ACM)to be handled on pipes or ducts(linear ft.) 0 or other Jose surfaces(s(uare fl)3,Q.U@)be removed,enclosed or encapsulated: Lkn feet urmw sQuam f d A?h,AErtdlY;j.ARL b1I'R/ATmr�' 7Amv4L lnrOLa'Cppe%1wdrG4� m7r�pd0'+6/rvMiai�b'fri'x'i�wtraai. Lmbb'Y�m+�erN .... .. ' S✓rA'm A�gamSxr Tiw+efhp'a,ccmargr .I .. .. his na/0nrd . Q74er.(phu+AsmdeJ Qae'(pfuxA�el S#lEE7ROCK SEEN 7Ai E -3000 I 12. Describe the decontamination system(s)t0 be used: FULL CON7AINMEN7 j 13. Describe the eont'ainert mtion/disposal methods to campy with 310 CMR 7.1S and 4S3 CMR 6.14(2)(9): Wet removal into 6 mil Poly Asbestos Labeled Bags. 14. For Emergency Asbestos Abatement Operations,the DEP and DLI officials who evaluated the emergency- 7A fe mergency:7me A5lvradOLlQ7A�fa/ ??nb QaredAnda7radtrr WJAWO 15. Do prevailing wage fates apply as per M.G.L C 149,§26,27,or 27A-F to this project? ❑Yes [ No Rev.6/92 I �,. facWOo=lplioo i current or prior use of facility: RESIDENCE 2. Is the facility owner-oaupled residential with 4 units or less? ❑Yes ff No 3. Facility Owner. 50 2OYRL C2ES7 DRIVE ANO/27K RN[7UVE/2, �lR. r845 978-881-1822. ZIP code 4. FadfiWS Owner's OrrSite Manager —-` NAM AaNress oty/To- Zo mde TelexNa e s. General Contractor: Alaore 'row IQD nide Tere�oVone CA7�dcYtrYNb*erSZvoiaWiNew PoIKYt boa Gtfe 6. what is the Size of the taality? 15 OAQ) 2 (s ft rs) ,�sbostos��spoitadoosodOlsposa! . 1. Transporter of asbestos-containing waste material from site to temporary storage site(if necessary)to final disposal site? i ABATEMENT CONTROL SERVICES,INC. 129 NEGI-7.0N.-_ROAD Name• Adder 1 iLRISTOW, NK. 03865 603-382-4035 aty170— To code TelelrYiene �i 2. TM-Worter ofasbestos-containing waste materials from removal/temporary storage site to final disposal site: Y SERVICE 7RANS'OR7 9ROUt, INC. .. 58 i'yLES ROAD Nww Addfw NE Id CAS7LE, DE. 19720 877-999-9559 : 6ty/!o»n Dp[raofe TcYep�are Avft Transrt9r 3. Refuse transfer station and owner(if applicable): SYaff"Must pyrpcYyit"we AWW Addmss 1440 waste ' Qvi9bniegt�a dtats310 UNR ay/Torwu lip mde TcYep?r»e JAW 4. Final WSposal5ite: ---- &. � L_VR.(,, LNC_ A R / SAI VAC�� TNr .. [oragbnnaame - OmaevsName 11225_..S. R. - 45- P. O. /30X 333 Aabhw LISBON,. OR. , 44432 330-424-3739 Qy/To—, 20 carie TeJephwx � 6era�Jlca�Oo . The undersigned hereby states,under the penaltles of perjury,that he/she has read the commonwealth of Massachusetts Regulations for the Pemwai,Containment or Encapsulation of Asbestos,4536.00 and 310 .1 and that the information contained in this notification is true and correct to the best of hl XENT 4aaRn-ddlef. 18, 2005 FRANK BALOGHAiorName Qtrr PRESIDENT ABATEONTRO SVC,INC. 6 0 3-3 8 2-4 0 3 5 ' TeP 'r2TNE070N ROAD %LRIS700, NK. 03865 Addeo ary/Ta rr 2W cede Fee exempt(Oty,Town,dLgdct,municipal housing authority,owner-occupied residential of four units or less)?❑Yes ®No 301425 Suter s(from front of form). 41 A% ABATEMENT CONTROL SERVICES, INC. ENVIRONMENTAUDEMOLITION CONTRACTORS Oft GNB �0 200 APRIL 29,2004 NORTH ANDOVER BOARD OF HEALTH 27 Charles Street North Andover,MA. 01845 978-688-9540 DEAR SIR/MADAM ENCLOSED PLEASE FIND A COPY OF NOTIFICATION SENT TO THE STATE FOR AN ASBESTOS ABATEMENT PROJECT. THE JOB WILL TAKE PLACE ON: TUESDAY, MAY 11,2004 LOCATION: ROYAL CREST ESTATES 50 ROYAL CREST DR. NORTH ANDOVER, MA. ANY QUESTIONS CONCERNIG THIS MATTER SHOULD BE DIRECTED TO MY ATTENTION. SINCE Y, FRANK BALOGH PRESIDENT 2 INDUSTRIAL WAY • SALEM, NH 03079 NH (603) 898-9472 MA(888) 870-9292 FAX (603) 898-1846 t•`� +a r ' - � Commoo�ea/1/iol�lfassacbusens ��,fiY� �� '" � . • '-+ &POSIosNoUfeffh'offfets--"A#91 °(562Qp�.. ' w - . 13 asbeslos.�balep�enl0esciipUen I. Facility location: ROYAL CR£S7 £S7A7£S 50 ROYAL CR£S7 DRIVE A9W Address• MMMUCiIOMS NOR7h ANDOVER, NA. 01845 978-681-1822 1.All seasons of this QY/Tprrrr zip cme Te/ephane form must be UNI7St 04-06, 10-91, 10-12, 15-04, 16-04, 16-08,22-1 1.;44-07;05-07 completed in order to comply with the aYAatBM ftVf* 'e1=Wn?AvhVznynafnG r,Mny,Axr,morn Departmentof 12-04,28-01,29-06, 30-11, 36-09;:7-09, Environmental 2. Is the facility occupied? ❑ Yes A3 No . 38-05p 948-01, 48-02. Protection notimation requirement;.15(m)nw,tvy of 310 �.is 3. Asbestos Contractor: • CMR • daisP�+'nix�xaaw•r . tsfcyratrrldar)y ABATEMENT CONTROL SVC,INC. 2 INDUSTRIAL WAY ,Water, Awxw and the Department Nanae Aafdrest of aborand SALEM, NH _03079 603-898-9472 Industries notification CXy/T— 1 zip ade Te/epv- requirements of 4S3 CMR 6.12(tehdayt AC000362 " Written pHw/wAr"Dix tr GYJ/.LMae r CmbxY Type(wiilten or Yerda/J rrvr4rad dwr ataarneatpeecr • 4. On-Site Project Supervisor/Foreman: P+emw&' warm- ttxarcrs�raark�etJ CHRIS D&IONAC0 RS33137 2.Submit Original Form To: Afarr>e OL/CerCfcaonn or Commonwealth of f4attadlusetts 5. Project Monitor: _ Kbestos Program P.0.1L320087.0097 SANE SANE3.This Form may be ,gal OC/CerCrrcadon r used for notifying the U.S.Environmental Protection Agency 6. Asbestos Analytical lab: •Region 1 of asbestos demolition/fGnovaboDr„� AA000162 NNE%iAPS(40 CFR w A/7£R raa�k A•>�EEINSF�L7AN7�;3ISr /xanar r Subpart M). - 519/04 5/28/04 7 4 7. Project start da end date specific work hours(Mon.-Fri.)_ am cam(Sat.-Sun.) i Kcal Use S. What type of project is this? dema✓ilion repair renovationCher ainJ Noef�^r AS RCNOVA��9. Describe the asbestos abatement procedures to be used: glovebag endcuz//e `oat` aaobinnaer)t deanup encapsu/aGbn dlVasa/only other(a,9 eeoever 10. Is the job being conducted ®Indoors❑outdoors? Paint Apwowtoweo _ 11. Total amount of each type of Asbestos Containing Materials(ACM)to be handled on pipes or ducts(linear ft.)1000 or other oens�an oate surfaces(square ft,) U to be removed,enclosed or encapsulated: Umar Square feet Linear Square lett A3VAVAYta&ft da:L 4WA#*x COS&W 77,nnvf&71dcavpw nsularm Ltrresa'bd0'i7+n'adAi�-F4M''�tA.00rn /nu87dn mnrnf $7!`m A�rwYx, T/onN'•�ari�•mrGnDt OVU,!~AMP& Tia'tvfelant wa/Qcwd adir(ghwat rJ 0"wr(µerexwixJ AS13£S70S CON7AIN£D SEEN 1, 000 Ls. 7AP£ 1 12. Describe the decontamination system(s)to be used: FULL CON7AINOEN7 13. Describe the containerizabon/disposal methods to comply with 310 CMR 7.15 and 4S3 CMR 6.14(2)(g): . Wet removal into 6 roil Poly Asbestos Labeled Bags 14. For Emergency Asbestos Abatement Operations,the DEP and DLI officials who evaluated the emergency: Ala w doER pride/ Atte W/e dAL0*112a0m N'a/ver r / NAM 00`Oerpra*J nue LLIe dAr g glraOtn waiver r Rev.6/92 15. Do prevailing wage rates apply as per M.G.L c.149,§26,27,or 27A-F to this project? E]Yes ft No • = faci/�Oesci/vuvo 1, Current or prior use of facility: R£SI[7£N7I AL 2 Is the facility owner-occupied residential with 4 units or less? ❑Yes ®No 3. Facility Owner:, 50 ROYAL CRES7 DIVE A. I. l7. C. 0. AOdress 1AVV978-360-0051 N0R7K ANDOVER NA- 01845 Lp we -7e/ep�4aie. 4. Facility's Owners On-Site Manager: Nam .. Address ? -71p code Teiephax S. General Contractor: NAM Address . Dp code rekp�— CY»Yacra�waxers CxP/nsuw p Pao x Kw.Rate 6. What Is the size of the facility 5' 0 D(sQ ft) 3 (#floors) AsaBslos7raaspvilatlooaodflsposa/ • 1. Transputer of asbestos-containing waste material from site to temporary storage site(if necessary)to final disposal site? ABATEMENT CONTROL SERVICES,INC. 2 INDUSTRIAL WAY Nattk• Address SALEM, NH 03079 603-898-9472 G�/TC,rn Zip rode Teiepl—e 2. Transporter of asbestos-containing waste materials from removal/temporary storage site to final disposal site: SERVICE 7RANSPOR7 GROV, INC. 58 PgLES LANE — M Address _-, NEW CAS7L£, DE. 19720 877-999-9559 Lity/Town Dp code Teiep— Note:Trdttsfer 3. Refuse transfer station and owner(if applicable): slad m nwr j C&7/py cords 044NAMAdoresr s4&wane Cats 310 OW oty/Town Lp code 18.00 4. Final Disposal Site: ^ Y A._&. L :S:ALVAGE, INC. A 8' L SALAVA4E INC. Owners Name 45 :i'. 0. 13OX 333 Ao�rss CISH ON, . 0/ . 4.4432 330 -4.24-3739 C7ry/Town lip code Tphare The undersigned hereby states,under the penalties of perjury,that he/she has read the Commonwealth of Massachusetts Regulations for the Removal,Containment or Encapsulation of Asbestos,453 CMR 6.00 and 310 CMR 7.15,and that the information contained in this notification Is true and correct to the best of his/her know ge and belief. FRANK BALOGH . i RIL 28, 20)4 AWNams ut/xH7edSynature Lure PRESIDENT ABAT VENT CONTRO VC,INC. 603-898-9472 Represendv T 03079 2 INDUSTRIAL WAY SALEM, NH ,dye oty/Town 41 coag / Fee exempt,(City,Town,district,municipal housing authority,owner-occupied residential of four units or less)? Yes XNo Sticker#(from front of form):.sr w 1 400 ABATEMENT CONTROL SMUCES, NC. ENVIRONMENTAUDEMOLITION CONTRACTORS I , MARCH 8,2004 NORTH ANDOVER BOARD OF HEALTH 27 Charles Street North Andover,MA. 01845 978-688-9540 DEAR SIR/MADAM ENCLOSED PLEASE FIND A COPY OF NOTIFICATION SENT TO THE STATE FOR AN ASBESTOS ABATEMENT PROJECT. THE JOB WILL TAKE PLACE ON: MONDAY, MARCH 22,2004 LOCATION: ROYAL CREST ESTATES 50 ROYAL CREST DR. NO. ANDOVER,MA. ANY QUESTIONS CONCERNIG THIS MATTER SHOULD BE DIRECTED TO MY ATTENTION. SINC , RANK BALOGH PRESIDENT 2 INDUSTRIAL WAY SALEM, NH 03079 NH (603) 898-9472 MA(888) 870-9292 FAX (603) 898-1846 N AsbeslosMol�ljcatioofoiin— Yf--001 562005 I. Facility location: ROYAL CR£S7 £S7A7£S 50 ROYAL CR£S7 DRIVE �� Address UiSTBUCDOMS NO, ANDOVER, MA. 01845 1.All sections of this Gly/Towrr 9 7 8—681 form must Io code Te/e CompetedIneorder to iUILDINyrS: Rhe Comply with the Wnatis veHurrRe.ta X07AVhV11ynamG A wrny,holo,/mm .- . Deparhnentof Environmental 2. Is the facility occupied? Protection tY ❑ Yes ,a No notification requirements of 310 CMR 7.15(tar nbntary I Asbestos Contractor: dals'A�'n�atUicaGtvr ls�?�tdc✓dnr ABATEMENT CONTROL SVC,INC. 2 INDUSTRIAL WAY dditeamtprofew and the Department Name Address IndIndustries snd SALEM, NH 03079 603-898-9472 notification Oly/Town zo codeTelephone ' equirements of 453 C14R6.12(te7dayS AC000362 Written p•Arnotd'kdawe LYl[ttirtsex ContradT IWWlyd cYANY iw(Ahmen or velmv adatemmtprvfecr 4. On-Site Project Supervisor/Foreman: yreakrdran dune &xwclrsgctarr/eev. a0S£ ALIC£A AS032747 2.Submit Original Form To: Name Ud CerC'hCaom f commonwealth of Massachusetts 5. Project Monitor: Asbestos Program P.O.B.120087-0087 - SAME SAME 3.This Form may be Name OV Cero/calhn used for notifying the Jr U.S.Environmental Protection Agency 6. Asbestos Analytical tab: Region 1 of asbestos demolinoNrenovation AMERICAN £NVIRONREN7AL CONSUL7AN7S, INC. AA000162 operations subject to NESHAPS(40 CFR Name DVCerdhcauorr t Subpart M). �/ 22/04 3/22/04 7. Piojed start dafe end date specific work hours(Mon.-Fri.) 7 am 4 nm(Sat.-Sun.) i FW orfivai txe only S. What type of project is this? demo/ition re/dir renovation other(exp/ai?) NOdficab°na AS13£S70S REMOVAL 9. Describe the asbestos abatement procedures to be used: glove deg endoswe a�GNe date artt91AWWt cyea/rup e/xapsOladon disposal only other(exµra(rI Rwaver 10. is the job being wWuuted ©indoors'❑outdoors? "t APPrmetoareo 11. Total amount of each type of Asbestos Containing Materials(ACM)to be handled on pipes or ducts(linear ft.) 0 or other oeciS10f date Surfaces(square fL)3` j to be removed,enclosed or encapsulated: • Unear Souare feet Umar I Sawre feet dufW,6tag9ig,atKL 4r.M'suTxr avhKls chane(.swklctvvAge ASUWAa7 Q+'n.¢rradw6l+�'adPiaa'q"xinzr6au� •• /Rrrrlmri cvanianr L,c�: ,.�tvar�ratssaaYrn nom�vtn'are-cwo�u Dans uo nv 7atrr razue&",Warmw Qolr(Pfso al—AW 04kr ` 41ALL BOARDT1= ti l 7 12. Describe the decontamination system(s)to be used: 71ZgL CON7AIN86N7 � m frC), dill, Z 13. Describe the containerization/disposal methods to comply with 310 CMR 7.15 and 453 CMR 6.14(2)(9): Wet removal into 6 mil Poly Asbestos Labeled Bags. c� 14. For Emergency Asbestos Abatement Operations,the DEP and DLI officials who evaluated the emergency: m 4r AWrae adDEPCOW1 tide i m Alto WAeG mUgm iraivert / = C► 03 cn o aD O 2 AWne af4AUpada/ AUe O Q �w WleNAUOkvtriOWr warverx c 15. Dorevailin rates a R 9 wage 9 PPN as per M.G.L.c.149,§26,27,or 27A-F to this project? ❑Yes No 14.6/92 HAND = f8C%/%IyDesCf/plfeO • 1, Current or prior use of facility: R£SI t7£N7AL 2• 1s the facility owner-occupied residential with 4 units or less? gyYes ❑No 3. ,Facility Owner: A, I. N. C•. 0. 50 ROgAL CR£S7 DRIVE Nlvrlb Add�ss NO. ANDOVER, MA. 01845 978-360-0051 ?oma Lp code reMpl av 4. Fadlit,/s Owner's On-Site Manager: .•` Name Address C7tj/To»n Lp aide TekPhax. S. General Contractor. Nana Address CXy/To_ z/p Code Tekp*-- Con&Jervit wotftrsCunt Insurer poky r Exp.Date 6. what Is the size of the facilityr7 5,0 O R) 3 (a floors) Asbestos l/�/ISpO/lal/00 Sod 0/SpOSa/ 1. Transporter ofirsbestos-containing waste material from site to temporary.storage site(if necessary)to final disposal site? ABATEMENT CONTROL SERVICES,INCAddmss2 INDUSTRIAL, WAY Name SALEM, NH 03079 603-898-9472 „ oty/Town zip code TekpNoee 2. Transporter of asbestos-containing waste materials from removal/temporary storage site to final disposal site: SERVICE 7RANSPOR7 GROUP, INC. `58 PyL£S LANE Name Address NEV CAS7L£, t7£. 19720 877-999-9559 0wown zip code Tekp✓a— ,sem Note:Tiansfe' 3• Refuse transfer station and owner(if applicable): Sddaesmecst * COM0 wink Nle Name Address Solid waste D'vtvow rtwo Lp cVde TNepAane Naas aro CMR 0wown IB.00 4._Fnal Disposal site: BFI...IMPERIAL LANDFILL B.F.I. Owners Name 11 BO.GGS. ROAD 724-695-0900 IMPERIAL, PA:- 15126 oA?own Fp' rode Teklahme � Ce�rl//cedoo • ` ' The undersigned hereby states,under the penalties of oar)ury,that he/she has read the Commonwealth of Massachusetts Regulations for the Removal,Containment or Encapsulation of Asbestos,453 CMR 6.00 and 310 CMR 7.15,and that the information contained in this notification is true and correct:to the best of his/her kno 4andlef,FRANK BALOGH RCK 6, 2004 Nan* Date PRESIDENT ABA EM CONTROL VC,INC. 603-898-9472 pap&v we RepeSendny T l 3079 2 INDUSTRIAL WAY SALEM, NH AWIeW • ory/Town Zip code Fee exempt(City,Town,district;municipal housing authority,owner-oo upied residential of fdur units or less)?0 Yes Q No Sticlk"it(from front of form): 56 J-0 05 400. ABATEMENT CONTROL SER!/ICES, /NC. ENVIRONMENTAL/DEMOLITION CONTRACTORS NOVEMBER 12, 2002 NORTH ANDOVER BOARD OF HEALTH 27 Charles Street North Andover, MA. 01845 978-688-9540 DEAR SIR/MADAM ENCLOSED PLEASE FIND A COPY OF NOTIFICATION SENT TO THE STATE FOR AN ASBESTOS ABATEMENT PROJECT. THE JOB WILL TAKE PLACE ON: MONDAY, DECEMBER 1,2003 LOCATION: ROYAL CREST ESTATES 50 ROYAL CREST DR. NO. ANDOVER, MA. ANY QUESTIONS CONCERNIG THIS MATTER SHOULD BE DIRECTED TO MY ATTENTION. SINCERLY, FRANK BALOGH PRESIDENT 2 INDUSTRIAL WAY • SALEM, NH 03079 • NH (603) 898-9472 • MA(888) 870-9292 • FAX (603) 898-1846 { � eommoowea/1/io/ilfassacbusens � � u Asd►eslosNolf�lcatfooioiin�iYf--001 1563231 .�sbeslosAbale�memOesciioaoo L L. Facility location: ROYAL CREST ESTATES 50 ROYAL CREST DRIVE Name Address IMST80CilOMS NO. ANDOVER, MA. 01845 978-681-1822 1.NI must be d this e/tY/Torm Zip cage Telepome fcomp�inorder to BUILDINGS: 16-2, 31-7, 32-4, 33-6, 40-10, 41—.8, .47-1&2;' 7-3, 49-3 comply with the what.& )e mvks/re 6xapivn)gui/dvey name,s,w/ny,/Icer,rrom Department of Protect omental 2.: 15 the fadlity otapied? :U Yes ❑ No notification _ — requirements of 310 CMR 7.15(ten na*ing 3. Asbestos Contractor: ' �YSA'�+'natd/caGta Brepubesdaaany ABATEMENT CONTROL SVC,INC. ate2 INDUSTRIAL WAY tvmentpotear� and the Department Nxw Address otLabor and SALEM, NH. 03079 603-898-9472 Industries notification O/y/ro" requirements of 4A 1 Lp rude Te/ep�aoe CMR 6.12rlle7dayr A36 Written p1a1A0M raam6 [i!J[k�tsr!' voaedafANy emo-acr T mype rM17am a velwv 0W&t�. 4. On-Site Project Supervisor/Foreman: #bewor44are/c%L JOSE ALICEA 2.Submit original AS 0 3 2 7 4 7 Form To: Nalm DUeertlhcabon.# commonwealth of Massachusetts 5. Project Monitor. Asbestos Program _ P.O.B.120087-0087 3.This Form may be SAME' SAME used for notifying the DUcerUhcabon or U.S.Environmental Protection agency 6. Asbestos-Analytical tab: Region 1 of asbestos demoloperattlnssubj subject ENVIRONMENT REMEDIATION SERVICES, INC. AA0001 22 operations 40 CFR to Subpart ). CFR A'a DUC ifcab'on r ' Subpart M). 7. Project start date/1/Oend dat12/5/03 sfic work hours(Mon.-Fri.) 7 am om(Sat.-Sun.) �' Ftr orndai lrse 8. What type of project is this? detnoliuon repaair renovaG' other mss"'•-' ASBESTOS REMOVAL� Recaw date 9. Describe the asbestos abatement procedures to be used: glove tagendasute biome__ de anu P encal—ladon di7,kw/only ocher(wlate neocw 30. Is the job being conducted indoors Q outdoors? e�Apwwdowed '•; , e°S10f OdOe 11. Total amount of each type of Asbestos Containing Materials(ACM)to be handled on pipes or ducts linear ft. 0surfaces(square ft.)3.0 0(Ib be removed,enclosed or encapsulated: ( )_�or other Unear uare feet' linear 5 care Icet RMYa'.dWdU'$ beYtu'fi[c aNAipt 7bffn*sold comp w*ludit0'1 a'.6luetlRY�'A'xtu�0ai tnsraianp tevrant .S�+Y'a'r/LrysmS•b7 nu�.�e✓'io'a/'e-CW�f •.'t7aOhG Mper ri6'k rf&wle dela,waahvnY tvW;secrixl n(Pkvted�rrLrJ ASBESTOS SEEM TAP , otA 12. Describe the decontamination system(s)to be used: FULL CONTAINMENT 13. Describe the oDntainerization/disposal methods to comply with 310 CMR 7.15 and 453 CMR 6.14(2)(g): Wet removal into 6 nil Poly Asbestos Labeled Bags. i 14. For Emergency Asbestos Abatement Operations,the DEP and DLI officials who evaluated the emergency: Nanee aOEP GYrb/ nue Arte wArmhatraaon . .. wants* .Name dOLIQ?Ipa/ nue � A7te dArtdrw7ta�w waI`tr Rev.6/92 15, Do prevailing wage rates apply as per M.G.L.c.149,§26,27,or 27A-F to this project? Yes ( No e 1. Current or prior use of facility: RESIDENTIAL 2. is the facility owner-occupied residential with 4 units or less?)L]Yes ❑No 3. Facility Owner: A.I.M.C.O. 50 ROYAL CREST DRIVE AWW Address NO. ANDOVER, MA. 01845 978 681-1822 Oty1rown zip axle Tekphale 4. Facility's Owner's On-Site Manager: J \ Add/ESS/ CNITown zip code Te/10— 5. General Contractor: NAM Addn'Z Ory/Town zip code Tekplax -- cavdracrar wcvxers Cane.Inswer Po✓,cy♦ FW.Dare 6. What is the size of the facility? (sq ft) (#floors) Asboslos�isnspoitadonsnd0/sposa/ ' 1. Transporter 9sbestos-containing waste material from site to temporary storage site(if necessary)to final disposal site? ABATEMENT CONTROL SERVICES,INC. 2 INDUSTRIAL WAY Nark Address SALEM, NH 030?9 603-898-9472 Ury/Town zp code TekyVime ' 2. Transporter of asbestos-containing waste materials from removal/temporary storage site to final disposal site: / Nana Address 00yrown zip code Tedepdax Note.Trans/er 3• Refuse transfer station and owner(if applicable): staDas must ctxnAyWfh doe Address said Waste LYvcsranlzgule- Oats'310 ON Cnymwn zip rode Tedep%e 18.00 Final Disposal Site: BFI..IMPERIAL LANDFILL B.F.I. , LOW&W Nal. Owners Name 11 BO.GGS. ROAD ' Address _IMPERIAL, PA-. 15126 724-695-0900 Gty/Tossn Dp code Tekpherx _The undersigned hereby states,under the penalties of perjury,that he/she has read the Commonwealth of Massachusetts Regulations for the Removal,Containment or Encapsulation of Asbestos,453 CMR 6.00 and 310 CMR 7.15,and that the information contained in this notification is true and correct to the best of his/her knowledge and belief. FRANK BALOGH t Adad Name nature Cute PRESIDENT ABATEMENT CONTROL VC,INC. 603-898-9472 papowl/Ml Representing Tedepnale 2 INDUSTRIAL WAY SALEM, NH 03079 Address Ury/Town Zip cede. Fee exempt(City,Town,district;municipal housing authority,owner occupied residential of four units or less)?❑Yes io � 3a3� Sticker#(from front of form): ABATEMENT CONTROL SERVICES, INC. AENVIRONMENTAUDEMOLITION CONTRACTORS JULY 13,2004 RECEIVED JUL 15 2004 NORTH ANDOVER BOARD OF HEALTHTOWN OF NORTH ANDOVER HEALTH DEPARTMENT 27 CHARLES STREET NORTH ANDOVER,MA.01845 1-978-688-9540 DEAR SIR/MADAM, ENCLOSED PLEASE FIND A COPY OF NOTIFICATION SENT IN TO THE STATE FOR AS ASBESTOS ABATEMENT PROJECT. THE PROJECT WILL TAKE PLACE ON: WEDNESDAY,JULY 28,2004 THE PROJECT LOCATION IS: ROYAL CREST ESTATES 50 ROYAL CREST DR. NO.ANDOVER,MA. ANY QUESTIONS CONCERNING THIS MATTER SHOULD BE DIREC'T'ED TO MY ATTENTION. SINCERELY, FRANK BALOGH, PRESIDENT 129 NEWTON ROAD • PLAISTOW, NH 03865 • (603)382-4035 (603)382-4036 • Toll Free(888)870-9292 Fax(603)382-4037 P ' Coinmo��ivea/L1►elNassacbusens � I ` AsbeslpsNeUl/caUo�foim ANF001 ��;� st' 13 �sb�slosAbalemeplOesciipUon 1. -Facility location: ROYAL C/2£S7 £S7A7£S 50 RogAL CRES7 DRIVE Name Address INSTEUCTIONS NO. ANDOV£/2, MA. 09845 978-681-1822 1.All sections of this 0ty/7okm :Zip code Telephone form must be UNI7Sr 12-04, 12-08, 13-t2, 20-07, 34-11, 37-09, -38-05, 48-01, ' completed iq order to--•*.,. .. -- comply with the What Is Oe wmlvte locatron)Ba/lding name,s,wing,Nacr,nwm 48-02, 9 49-08 Department of Environmental 2• .Is the facility occupled? ❑ Yes ❑ No Protection ratification requlrementso►310.....,.'3. Asbestos Contractor: . CMR 7AS(Oen wW"V , doopr"nod/7rJWn tsrequbedNaay' - "•1:,:AP4.TEMENT' CONTROL SVC,INC. 129 NE070N ROAD[ adatem 4-Jew and the Department Name_ Address 603.-382-403z5, otuborand l L'ATS700, N11 __-:'03865 Industries notification pry//own Z/p code Telephone requirements of 4S3 AC 0 0 0 3 6 2 Written CMR 6.12(tan day's pxrnod77caf/ar N.-., Attlkcrase t Contract Type(Wrlaen or vertwo reguIredarANY aAetementpoJ'a - 4. .on-Site Project Supervisor/Foreman: greata-thanUuer . //rrearcrsquarereett CRRIS. D£170NAC0•' AS3 3137 2.Submit Original Name DucerOnevolon or Form To: Commonwealth of...:. Massachusetts S. Project Monitor: Asbestos Program P.o.S.12oo67•0087 'SAME SAME 3.This Forth may be NameDUCerOYlcadon t used for notifying the U.S.Environmental..- .. Protection Agency 6. Asbestos Analytical Lab: Region 1 of asbestos demoiroon/rRnwation,,.,A {. .�y. £fy�Ll./2UN11£NTAL CONSUL7AN7S, INC. AA000162 operations subJed to .Name.• DLllertrricadon t NESNAPS(40 CFR " subpart M). . 7/,28/0,¢ 8/12/04 Project startdate end date specific work hours(Mon.-Fri.) 7 am'4 nm(Sat.-Sun.) For Ofridal Use onty B. What type of project Is this? demo/iGbn repair renovation her Nonfrauona AS13£S70S REMOVAL 9..' stns abatement procedures to be used: glove bag enclosure Receivedate containment deanup encaasu/aG'on disposal only other(exp/ai Rewver ' 10. Is the job being conducted [l indoors'❑outdoors? 11. Total amount of each type of Asbestos Containing Materials(ACM)to be handled on pipes or ducts(linear ft.) or other De=w date surfaces(square ft.) to be removed,enclosed or encapsulated: Unear SQuam feet Linear Scuam feet NPWe',AC1eahYN.dKt W k'.w'race cttl0ngr Tl n'ma4 sNld P470 huubw? . . .GtrrryukdcrPl�'edA+L�+'P'Prbw/aChv lnsrdatlnp cen+enf ' So7Y+m Tio,sryspaytrcwrCngs . 4XV4*Vvw fwvk Tiarts/rebwd,waa0aartl q rirr Wdtse d�vtxJ 00"(pk*se ah=lt: SEEM--74PE ON NALL BOARDS 3, 000 12..Describe the decontamination system(s)to be used: FULL CON7AIN/9£N7 13. Describe the containerization/disposal methods to comply with 310 CMR 7.15 and 453 CMR 6.14(2)(g): Wet removal into 6 mil Poly Asbestos Labeled Bags. .r, - 14, For Emergency Asbestos Abatement Operations,the DEP and DLI officials who evaluated the emergency: Name o✓DEPOh7da/ 77de —dame(.YGLI0/fk0/- 77de r....•• <.:: Odle t✓((467 y&Jym .. Walker t 15. Do prevailing wage rates apply as per M.G.L.c.149,§26,27,or 27A-F to this project? ❑Yes []No Rev.6/92 i A , 1. Current or prior use of facility , ` ReSIDEN7AL 2. Is the facility owner-occupied residential with 4 units or less? ❑Yes ©No / 1t Facility Owner. A,°I.�N.C•.0 50 RO AL CRES7 DR. Nana. Address N0• ANDOVER, PIA. 01845 978-360-0051 pri?own . Lp cede. Te/ep✓rax 4. Fadlity's Owner's On-Site Manager: Name Address J `� 4rY/Town'... zip cede .. Te/eLNane 'General Contractor: Name Address aiWrow.n` z/p cede Te/ephcae C47&AY rl'WA7t'ersCA7la&5zlmr Po//[y1 fXp.LIaM �, i > 6. .What Is the size of the fadlity7 5, 0 0, ft) 2 (#floors) AsbeslosTia' moj,avooa�rd0lsvose/ 1. Transporter of asbestos-containing waste material from site to temporary storage site(if necessary)to final disposal site? ABATE9'NT CONTROL SERVICES,INC. 129 #4070N ROAD Name, Address PLAIS7061, N11. ::038 103--382-4035 c7Yy/Town .. Lp code Te%pVrone , 2. .Transporter of asbestos-containing waste materials from removal/temporary storage site to final disposal site: SEI2VICE 712ANS1�0/2T G120UP INC. 58 IOY LS_ LANE. ` Name Address - - NE61 CAS7LE, DE. 19720 877-999-9559 C7ry/70wn Z/p trade TNephone Note;Trdnsf,: 3. Refuse transfer station and owner(if applicable): Stabau•mrat , covnpyWffi 04e .Said{'Paste;.. . — , Address GYI,LAW1 requ/a- daas3100yR. ary/Town 18.00 Z/p cede Te/e�Vnone Disposal Site: -A &...L-S EqAgE,. INC: A E L-S,4LV7LGT- INC LAcadmName OwneisName 17225 -_ :!?. 4`5,.;/'.0.=.iBOI 333 Add2zt LISl30M; OK. X444'32 339=424-3739 Zip code Telephone CeMMIM The undersigned hereby states,under the penalties of perjury,that he/she has read the Commonwealth of Massachusetts Regulations for the Removal,Containment or Encapsulation of Asbestos,453 CMR 6.00 and 310 CMR 7.15,and that the information contained in this notlflptlon is true and correct to the gest of his/her knowl ge and belief. FRANK' BALOGH aULy 13, 2004 P1rntName thodzedSign tine Dare PRESIDENT ABAT ENT CONTRO VC,INC. 603- 382-_4035 PoNdcr1/AUe Reamsentln9 Telephone 129 NFI,170iV /?hA,� h O "•NK ' AOd own , 03865 Fee exempt(qty,Town,district,municipal housing au6,ority,owner-occupied residential of four units or less)?❑Yes ®No 562012 SHdcer#(from front of form): 410 ABATEMENT CONTROL SEMMES INC. ENVIRONMENTAUDEMOLITION CONTRACTORS RECEIVED OCT 2 6 2004 OCTOBER 25,2004 "E4LTii EP ANDOVER �p TMENT NORTH ANDOVER BOARD OF HEALTH 27 Charles Street North Andover,MA. 01845 978-688-9540 DEAR SIR/MADAM ENCLOSED PLEASE FIND A COPY OF NOTIFICATION SENT TO THE STATE FOR AN ASBESTOS ABATEMENT PROJECT. THE JOB WILL TAKE PLACE ON: MONDAY, NOVEMBER 8,2004 LOCATION: ROYAL CREST ESTTES 50 ROYAL CREST DR. IyORTH ANDOVER, MA. ANY QUESTIONS CONCERNIG THIS MATTER SHOULD BE DIRECTED TO MY ATTENTION. SINCERLY, FRANK BALOGH PRESIDENT 129 NEWTON ROAD • PLAISTOW, NH 03865 • (603)382-4035 • (603) 382-4036 • Toll Free(888)870-9292 Fax(603)382-4037 �oini000wea/lbolAlassacboseas • : � � X80 ,9$ . AsbeslosMo�lcaUoofoio�►�4if�f-00> - _ -.: __. -- - -- ' - . rOsbestos.�balemeolOesc�ipboa _ .,,.�. - .. 1. Facility location: ROYAL CREST ES7A7ES 50 ROYAL CREST DRIVE AIAM AMW INSMUTIoNS NOR711 ANDOVER, . PIA. 01845 978-681-1822 1.Ali sections Of Nis Oty/Torm -. form must be UNITS: 3-02, 11-06, 14-11,22- 10, 30-OT,2- 10, 34- 10, 38-06, . 42-0; ampleted In order to comply with the 14I,arLrV* ,bwbw?Auad/nylwn4 A oft&W,,urn S 43-05 Department of Eno 2. Is the facility occuPieq? . _❑ Yes ❑ No _ _rgtHbUon - reqdrements of 310 3.-..Asbestos Contractor: CMR 7.15(raj no7Wfy ,. - WYSA'b✓,aooDAJdtn . [czpuYmdany ABATEMENT CONTROL- SVC-r INC. 1.29 NEIMN.---ROAD ��r It PLAISTOW, NK. 03865 -:603--382-4034 lndusbies notification Ckr/lwm r,V avle- rarepxre 1 re 86.12 hwdWts of ll AC000362 Written CMR 6.12(kn dsyS' QULHdC-&Wa T)pe&VnrAw cr✓&Wp p'krraoiLOkJLbrf lr ttef zor�adduvr 4. On-Site Project Supervisor/Fom rean: a ChRIS /OEnON4CO AS033137 t submit orgmai Form To: Ndn p DUCerVA4affm ar Commonwealth of Massadlusn its 5. Project Monitor. Asbestos Program P.O.B.120087.0087 SAME ,S Ar I M E . r 3.ThS Form maybe Mame .DUCeiLtkaWn ar I used for notifying the U.S.Err*onmental I Protection Agency 6. Asbestos Analytical lab: I ReowIaf asbestos ENVIR07ES7 LAB INC. A4000128 demolltlavrenaratan _ , operations subject to .. NESKkPS.(40 CFR NAM DUCero%ka0trf 1,Subpart M), IU8/.0'4 11/19/04 7. Project start end date specific work hours(Mon.++.) 7 am 4 mn(Sat-Sunt For offoat use Clow - 8. What type of project Is this? &YnWIton reps/r rMOW&W�Dbher1'e0dinJ • 13 E 9. Describe the asbeslos:abatement procedures to,be used: glove wq E IV4 L Rmdve date czr,tainrnlw de.ZP maps em- d4asa/ony o w(et yY iwe- 10. Is the job being conducted �]Indoors❑outdoors? il. Total amount of each type pf Gontaining'Materials(ACM)to be handled on pipes or dulls(linear ft) 0 or other Decision dace surfaces(square ft.)1-7 U fb moved,enclosed or encapsulated: . - linear feet wear 1 Saia,e feet doRa'.ttC+ad!► .clot vftacrfxe mr0i8alA—*aWc"afx�'ratrciv, i j Qm.Da6drrtaesed�r/�r/:a.Ottrr. Iiwwe}D.iamerx ... Ti-WSra,dmrcrVF .. GNU*on"AF&* Tismfrdartf trafQ•tvd - -' 12. Describe the decontamination system(s)to be used: SKEE7RO.CK SEED TAi E3,•500 T2LL CONTAINMENT 13. Describe the aontatnerization/disposal methods to comply with 310 CMR 7.15 and 453 CMR 6.14(2)(9): iWet removal into 6 tail Poly Asbestos Labeled Bags. ' 14. For Emergency Asbestos Abatement Operations,the DEP and DU officials who evaluated the emergency: i j AWx dorra7W 7ra6 { arre dna» wane f AWnedDup7kYa/ 7jye j L1t�dAnM¢v�dLla lyaAp.� ' 15. 'Do prevailing wage rates apply as per M.G.L c.149,§26,27,or 27A-F to this project? ❑Yes IffNo Rev.6/92 400 i (J i' ABATEMENT CONTROLSWUM, INC. ENVIRONMENTAUDEMOLITION CONTRACTORS May 21, 2004 DEC 2 1 2004 TO'.. F North Andover Board of Health _ 27 Charles Street North Andover, Ma. 01845 DEAR SIR/MADAM, ENCLOSED PLEASE FIND A COPY OF NOTIFICATION SENT TO THE STATE FOR ANASBESTOS ABATEMENT PROJECT. THE PROJECT WILL TAKE PLACE ON. TUESDAY, JANUARY 4, 2005 THE PROJECT LOCATION IS: 50 ROYAL CREST DR. NO.ANDOVER,MA. ANY QUESTIONS CONCERNING THIS MATTER SHOULD BE DIRECTED TO MY ATTENTION SIN RELY, FRANK BALOGH, PRESIDENT 129 NEWTON ROAD • PLAISTOW, NH 03865 (603)382-4035 • (603) 382-4036 • Toll Free(888) 870-9292 Fax(603)382-4037 �sbeslosNol��li�tioofoiin—�if��001 .9sbes�os�bstemeolOesciipGo� 1. Facility location: ROYAL CREST ESTATES 50 ROYAL CREST DRIVE AWW INSTRUCTIONS NORTH ANDOVER, MA. A 01 845 978-681 -1822 1.All sections of this Gtylr— zip crde Te lean e form must be UNITS: 1 1 —1 2, 1 2-1 2, 1 3-1 0 , 22-6, 33-5,33-1 0, 35-7, 38-1 ,4 2-8,47-8 completed In order to comply with the What Is Me nwkVte babon?Building nan 4,s,Wing&a,Imn Departo. ntof Environmeafal 2. is the faciiity occupied? )DC Yes ❑ No Protection notification requirements of 310 3. Asbestos COntfaCYOf: CMR 7.15(len wwAYng - daysp-torratrXaatw tr,egrt6eidcYany ABATEMENT CONTROL SVC,INC. 1 2 9 NEWTON-'ROAD DEC 2 A 2004 .� abjZwi•7prvJectt ttUtne Address and the Department oftaborand PLAISTOW NH. 03865 ':603=382-=4035 : a _ Industries notifiation G1y/roan LP Cade retepftare . requirements of 453 AC000362 Written 6.12(k74WI7 -pitxtwO6SYdtlow B DUL.tevtse/ Contract 71pe(Wnrten or✓etdat) reyu4tddANY abaternevtrpa,Cvar 4. On-Site Project Supervisor/Foreman: greaterthantlarer . #near orspualefeet). JOSE ALICEA... AS032747 2.Submit Original Name ar ' Form To: commonwealth of Massachusetts S. Project Monitor: Asbestos Program P.O.B.120087-0087 SAME SAME 3.This Form may be Nalm -DU Cel0caCon s used for notifying the U.S.Environmental i Protection Agency 6. Asbestos Analytical tab: Gegmolroonc/renwation asbestos ENVIROTEST LAB, INC. AA000128 operations subject to .. NESMAPS.(40 CFR Name DLI Oy Bcabiw d .. Subpart M). 1 -4-05 1 -21 -05 - 7 4 7. Project start date end date specific work hours(Mon.-Fri.) am vm(Sat.-Sun.) For offioal use 8. What type of project is this? aferntatibbn repair reno✓ati o/her(etp/aiti jhobficition. ASBESTOS REMV L + 9. Desai asbestosabatement procedures to be used: glove day ei)ct=�" (t0 aAW"cat .�!a%nnACn n p encapsu/adan d;oasa/onty olher(erfttai/l� i Receiver 10. 1s the job being conducted n IndoorsQ outdoors? —P;;—Mt Apyv+etDenitd 1 11. Total amount of each type of Asbestos Containing Materials(ACM)to be handled on pipes or ducts(linear ft) 0 or other Ded4on date surfaces(square ft.) n n®be removed,enclosed or encapsulated: linear square feet linear square feet &24%-AF'u VU 44 0rN'sar0"=36w 71ae'mx(�ufYcotPFr itru6tm . .Qarbyand b'6}u'thCAl[b'LVx burdtAn. Lmandiaj mmn'rt .... So'aY'm/LtpmpZty 7mneY/W'al>"mrd'tAf .' 600Gaoro�tabi rrmm'te&"waff&wd . Ao'Ar.(ialstrr aron,�rJ OtAe-(pNve d solo) . WALbBPe AR�D �SEFM. '�'AP 3 000 the econ mmabon em (s)to be used! FULL CONTAINMENT 13. Describe the containerization/disposal methods to comply with 310 CMR 7.15 and 453 CMR 6.14(2)(8): Wet removal into 6 trail Poly Asbestos Labeled Bags. 14. For Emergency Asbestos Abatement Operations,the DEP and DU officials who evaluated the emergency: Name C✓DEP Offlaat rine ' Atte otAuttia zzabow wwwr Jr tvameaocrDtrkai rate Date OfAutlxNratkvi Waiwr f - 15. Do prevailing wage rates apply as per M.G.L c.149,§26,27,or 27A-F to this project? ❑Yes No Rev.6/92 - - -ZIT) Royal Crest Estates January 15, 2008 Mark Rees-Town Manager Town of North Andover 120 Main Street North Andover, MA 01845 RE: Request for Temporary Banner Dear Mr. Rees: . It is a privilege to operate a business in the Town of North Andover. Royal Crest Estates located at 50 Royal Crest Drive,North Andover, MA is a community that provides residential apartment homes to many citizens that are very proud to live in this wonderful town. After speaking to Ms. Adele Johnson,we understand that formality requires us to request via this letter permission to place a temporary banner on the exterior wall of our community for a certain period of time. According to Ms. Johnson,we should state the reason and receive approval prior to placing any advertisement banners. We would like to post se isst a banner once a month during p the week rior to the third Sunday of every month. The purpoa neeto continue to be competitivein t e mar et place in capturing qualified residents. Royal Crest Estates is a wonderful community that has a great demographic that adds quite a bit of history to North Andover. As we continue to share in this benefit,we do seek approval to bring in more residents who will find us via a banner as that is one of our most productive advertising tools. Since we have removed the banner upon understanding the rules,we have noticed a huge loss in this outside source. It is definitely an issue that we want to rectify with your help. Please feel free to visit and see how wonderful this community shares in your statement "North Andover- A Town for All Seasons". We do hope you will take our request seriously and grant permission,please a vi e. Sincerely, ,s S i a� f 1pe D 6( R AL CREST TATES Patty Perd e 41 Community Manager � i 2 'r✓` X06 50 Royal Crest Drive • North Andover, MA 01845 • Tel: (978) 682-7200 • Fax: (978) 682-9064 /1` - ` 7Z-!/(_V "w?� i May 24,2011 Royal Crest discussion Water infiltration issues • 2004 met with AIMCO mgr, Mark Johnson,acknowledged problems,committed to "10 buildings in a 2 year time frame" • 2006 Technical Review Committee meeting held at the Community Dev.office.AIMCO agreed to hire engineer to investigate drainage problems • June 2007 Order Letter went out concerning Chronic Wetness. • Lenard Engineering was hired to oversee the mitigation process.Sample building assessment forms were drafted and discussed.Some discussion of inspection criteria occurred. Never actually saw the ongoing building assessments. • Bldg permits were to be issued when a plan was reviewed and ok'd by the Health Dept., but the contractor went ahead without receiving that approval. It is assumed that many buildings drainage systems have been addressed. • As-Builts of the underground work was to be submitted to the Health Dept. Cooperation short term. Fell off fairly quick. • 2010, March, RC noted that Building 43,first floor,was to remain unoccupied until water problems were fixed permanently The Health Office would like to close this Order Letter.We are asking that AIMCO research Royal Crest, North Andover and submit at minimum; 1) a final report detailing which buildings have been assessed since 2007 2) copies of the assessment forms for each of these buildings and any recommendations that AIMCO received from Lenard Engineering 3) copies of completed mitigation projects, including As-Builts of the drainage areas 4) copies of any internal work orders, building permits etc that relate to the recommendations by Lenard. SEND�R: COMPLETE THIS SECTION ColePLETE THIS SECTION ON DELIVERY ■ Complete items 1,2,and 3.Also complete A. Signature item 4 if Restricted Delivery is desired. ❑Agent ■ Print your name and address on the reverse x ❑Addressee so that we can return the card to you. B. R d by(Printed Na.,) C. Date of Delivery ■ Attach this card to the back of the mailpiece, 1 ,7 /'y—'9 or on the front if space permits. D. Is 8eliveryREmf,!F4$Ry'#r i'tem 1? ❑Yes 1. Article Addressed to: If.YES,enter delivery address below: ❑ No JUL 2 5 2007 / 3. L' Hitt i 7y1C1 ertified Mail ❑Express Mail ❑Registered ❑Return Receipt for Merchandise ❑Insured Mail ❑C.O.D. 4. Restricted Delivery?(Extra Fee) ❑Yes 2. Article Number (Transfer from service label 7005 0390 0003 4265 3883 PS Form 3811,February 2004 Domestic Return Receipt 102595-02-M-1540 UNITED STATES POSTAL SERVICE ` First-Class Mail Postage.&Fees Paid USPS Permit No.G-10 • Sender: Please print your name, address, and ZIP+4 in this box • NORTH ANDOVER HEALTH DEPT. 1600 Osgood Street Building 20, Suite 2-36 North Andover, MA 01845 111111111111 lilti III Iiii It 11111111111113 111111 1111d IIIIIHII SENDER: COMPLETE THIS SECTION COMPLCYE THIS SECTION ON DELIVERY ■ Complete items 1,2,and 3.Also co A.,Si'n rel. item 4 if Restricted Delivery is desired. rs�E �{ ❑Agent ■ Print your name and address on th reve ❑Addressee, so that we can return the card toy u. B. Received by( ��EE Date of Delivery ■ Attach this card to the back of the ailpiece, ® ��_�7 or on the front if space permits. J U L D. Is delivery d different from item 1? Yes 1. Article Addressed to: Jo 1208 TOWN OF N RTI�fAY ��y rid liLade No HEALTH =PARTMENT 02184 3. Servige Type ertified Mail ❑Express Mail ❑Registered ❑Return Receipt for Merchandise ❑ Insured Mail ❑C.O.D. 4. Restricted Delivery?(Extra Fee) ❑Yes 2. Article Number (rransfer from service label) 0 6.Q E S 9 2 h E 0 0 0 OLEO S 0 0 Z PS Form 3811,February 2004 Domestic Return Receipt 102595-02-M-1540 UNITED STATES POS'rAVI� � Postage&Fees Paid • Sender: Please print your name, address, and ZIP+4 in this box • i NORTH ANDOVER HEALTH DEPT. 1600 Osgood Street Building 20, Suite 2-36 North Andover, MA 01845 -i%.;r i 1��i!!!!lJlflt(!!'ftFfflll!lF11111►l11l�l1tt�i�l t,1l1ll�f!!!!I Postal m CERTIFIED MALT.,M�--CEIPT CO D. Only; MFor delivery information visit our website at www.usps.co t m Ln -al OFFIC � AL USE lu � Postage $ M Certified Fee O rC O ReturnReceipt Fee �/ r Postmark O (Endorsement Required) C .1 Here C3 Restricted Delivery Fee �-�---- Cr (Endorsement Required) �— O Total Postage&Fees $ ►3l Sent To /,, / M fp 3`freet,Apt:No. or PO Box ---------------------------------------- CW S �� 7x �✓fQ�B�' lvo� Certified Mail Provides: (� ^� ( ■ A mailing receipt . esieney)ZOOi eunr'ooee u»od sd ■ A unique identifier for your mailpiece ■ A record of delivery kept by the Postal Service for two years Important Reminders: ■ Certified Mail may ONLY be combined with First-Class Mail®or Priority Mail®. ■ Certified Mail is not available for any class of International mail. ■ NO INSURANCE COVERAGE IS PROVIDED with Certified Mail. For valuables,please consider Insured or Registered Mail. ■ For an additional fee,a Return Receipt may be requested to provide proof of delivery.To obtain Return Receipt service,please complete and attach a Return Receipt(PS Form 3811)to the article and add applicable postage to cover the fee.Endorse mailpiece"Return Receipt Requested".To receive a fee waiver for a duplicate return receipt,a USPS®postmark on your Certified Mail receipt is required. ■ For an additional fee, delivery may be restricted to the addressee or addressee's authorized agent.Advise the clerk or mark the mallpiece with the endorsement"Restricted Delivery°. ■ If a postmark on the Certified Mail receipt is desired,please present the arti- cle at the post office for postmarking. If a postmark on the Certified Mail receipt is not needed,detach and affix label with postage and mail. IMPORTANT:Save this receipt and present it when making an inquiry. Internet access to delivery information is not available on mail addressed to APOs and FPOs. PosW Service,. oCERTIFIED MAIL,. RECEIPT •. • .- M _ Ln For delivery information visit our website at www.usps.comoD 0 F F nj Postage $ M Certified Fee 9 O 0< rUG J Return Receipt Fee P Her erk O (Endorsement Required) �, �� Here O Restri cted Delivery Fee p^ (Endorsement Required) 0 Total Postage&Fees 0 Sent To � �� E3 �`c�� or PO Box No. -7,411569 " r- mar --r.iso:: 9 t' -�•'Q ,, J � /y%TG v�• �G(�l V/� ----- ------- ------ -•--- --- ----- h• f c --Stara---W+4 ©�✓$ Certified Mail i4ovides (esienay)Z00Leunp'009E d Sd ■ A mailing receipt ■ A unique identifier for your mailpiece ■ A record of delivery kept by the Postal Service for two years Important Reminders: ■ Certified Mail may ONLY be combined with First-Class Mail®or Priority Mails. ■ Certified Mail is not available for any class of international mail. ■ NO INSURANCE COVERAGE IS PROVIDED with Certified Mail. For valuables,please consider Insured or Registered Mail. ■ For an additional fee a Retum Receipt may be requested to provide proof of delivery.To obtain Qum Receipt service,please complete and attach a Return Receipt(PS Form 3811 to the article and add applicable postage to cover the fee.Endorse mailpiece'Return Receipt Requested".To receive a fee waiver for a duplicate return receipt,a USPS®postmark on your Certified Mail receipt is required. ■ For an additional fee, delivery may be restricted to the addressee or addressee's authorized agent.Advise the clerk or mark the mailpiece with the endorsement"Restricted Delivery". ■ If a postmark on the Certified Mail receipt is desired,please present the arti- cle at the post office for postmarking. If a postmark on the Certified Mail receipt is not needed,detach and affix label with postage and mail. IMPORTANT:Save this receipt and present it when making an inquiry. Internet access to delivery information is not available on mail addressed to APOs and FPOs. t4ORTH > a Oq4 cucwwrca IV i. ��SSACHuS���� PUBLIC HEALTH DEPARTMENT Community Development Division Date: July 11, 2007 To Owner of Record: Property Location: AIMCO Royal Crest Estates CO/Deloitte PTS-Dept 208 Royal Crest Drive, Bldgs 1-49 6363 N. State Highway 161, Suite800 North Andover, MA 08145 Irving, TX 75038-2262 Cc: OP Management, LLC Attn. John Murray, Dir. of Construction 639 Granite Ave., Suite 312 Braintree, MA 02184 RE: Drainage Proiect- Royal Crest Estates The North Andover Health Department has become aware of a comprehensive drainage project that is beginning at the Royal Crest Estate Apartments located in North Andover, MA. The success of this project is essential to the remediation of the long-standing chronic wetness problems within the rental buildings at the site. For this reason the Health Department became involved in the project. On Wednesday June 6, 2007 a meeting was held at the Health Office. In attendance was John Murray, Director of Construction for AIMCO, accompanied by the professional engineer, Robert Duff, and the site contractor, Ken Nadolski, hired for this project. Representatives from the Health, Planning and Conservation Departments were also present. Please note that this correspondence only address Sanitary Code issues as identified by the Health Department. The Health Department is very supportive of AIMCO and OP Property Management, LLC in their effort to address the chronic water infiltration problems within the rental apartment buildings. It is understood that the engineer has identified that the long-term water problems relate directly to a poorly maintained 30 year-old drainage system. A comprehensive plan to repair this neglected drainage system, which has affected the rental P buildings, was resented at the meeting and assurances were made. The agreement was to voluntarily address the Health Department concerns in an official document and submit it to the Health Department prior to continuing on with the project. The primary concern was that the method that AIMCO used to identify the wet buildings was not comprehensive and did not include many buildings noted by the Health Office complaint files. I Re: Royal Crest Estates—Drainage Project July 11, 2007 Your letter of June 22, 2007 was received, as well as the Narrative document sent by Lenard Engineering on your behalf. These documents address some, but not all, (see attached correspondence) of the points that were agreed upon at the meeting of June 6th. Additional requests for an agreement to voluntarily follow through with tasks verbally agreed upon went unanswered. This correspondence is a follow up to those letters. The attached Order Letter will further itemize the issues not addressed by your letter of intent and will serve as a legal framework so that the Board of Health will be ensured that the proposals are followed through. It will also describe in detail the reasoning and the action that is required by this office in the common goal of identifying all of the affected properties and to permanently remediate the sanitary code violations. The MA Department of Public Health has been copied on this documentation. If you have any questions regarding the State Sanitary Code or the enforcement by the local Board of Health, feel free to contact the Community Sanitation Program at 508 792- 7880. Thyou, Susan Sawyer, REHS/RS Public Health Director Cc: Community Sanitation Program Paul Halfmann,Asst. Director 1600 Osgood Street,North Andover,Massachusetts 01845 Phone 978.688.9540 Fax 978.688.8476 Web www.townofnorthandover.com tAORTij q O ttL10 /6* �OO O f� c 40 Arco S5 U PUBLIC HEALTH DEPARTMENT Community Development Division NORTH ANDOVER BOARD OF HEALTH ORDER LETTER Issued under the provisions of the State Sanitary Code, Chapter 11,Minimum Standards of Fitness for Human Habitation,105 CMR 410.000. Date: July 11,2007 To Owner of Record: Property Location: AIMCO Royal Crest Estates CO/Deloitte PTS-Dept 208 Royal Crest Drive,Bldgs 1-49 6363 N. State Highway 161, Suite800 North Andover,MA 08145 Irving,TX 75038-2262 CC: OP Management,LLC Atm.John Murphy, Dir.Of Construction 639 Granite Ave., Suite 312 Braintree,MA 02184 Re: Royal Crest Drainage Proiect The North Andover Health Department has found that material conditions documented over the past 17 years have not been corrected and continue to cause conditions of chronic wetness in multiple rental units and common areas within the Royal Crest Estates complex. Inspections and review of site conditions revealed violations of certain regulations of the State Sanitary Code,Chapter II,as listed on the attached Violation Form. You are hereby ORDERED to correct these violations. Failure to comply within the specifications may result in further action by the North Andover Board of Health. You have the right to request a hearing before the Board of Health if you feel this order should be modified or withdrawn. A request for said hearing must be made in writing and received by the Health Department within seven(7)days from the receipt of this order. At said hearing you will be given an opportunity to be heard and to present witnesses and documentary evidence as to why this order should be modified or withdrawn. All affected parties will be informed of the date, time and place of the hearing and of their right to inspect and copy all records concerning the matter to be heard. You may be represented by an attorney. You have the right to inspect and obtain copies of all relevant records concerning the matter to be heard. 4 Kusl an Sawyer,REHS/RS Public Health Director Re: Royal Crest Estates—Drainage Project July 11, 2007 Page 2 of 4 ORDER LETTER BACKGROUND The Health Department is the enforcer of the Human Habitation Code. Royal Crest Estates is comprised of 49 rental buildings. Most, if not all of these buildings, have three floors of rental apartments. The first floor is split approximately half below ground level. Among the many types of Housing Code complaints that would be expected of an apartment complex of this size, which range from plumbing issues to broken appliances,there has been a high incidence of mold complaints. Each complaint has been responded to individually and addressed cooperatively with the onsite management and corrective action was taken on a building-by-building basis. However, in 2004, having researched the true extensiveness of chronic wetness problems, Michele Grant and I met with the site manager, Mark Johnson. We presented to him some of the following data. Health Department records show complaints regarding mold and chronic dampness issues for lower level apartments since 1990. Over those 17 years, Health Staff have documented chronic dampness complaints in Building's#3, #4, #11, #12, #15, #20, #25, #36, #38, #39, #45, #46, and #47.Numerous other undocumented complaints were, and continue to be, handled by Health Staff on a regular basis. The manager, in 2004, conveyed to us that the parent company, AIMCO Capital, who purchased the property from Flatley Co., was ready to address the problem by assessing the onsite drainage and proposing permanent solutions for all affected buildings. It was evidently clear that the water problems were well known by management. Their knowledge of the situation and subsequent inaction results in violation of 105 CMR 410.010 and 410.500, having rented any unit that was not, "watertight and free from chronic dampness". Mr. Johnson committed to the correction of the site problems of"10 buildings in a 2 year timeframe" and in turn, each subsequent manager has agreed as well. Mr. Johnson is no longer employed as the manager at Royal Crest. This past winter, Michele Grant set up a Technical Review Committee meeting to discuss the chronic wetness issues. In attendance were three representatives from Royal Crest or AIMCO and staff from Health, Conservation, Building and Fire. The purpose was to present a united front as to what was expected during the process. The meeting was successful. The management was to engage an engineer to investigate the drainage problems and propose a plan of action, submit plans for review to be certain they will work, submit plans to Fire regarding locations of propane tanks and flag the wetlands on site. Then once approvals are received,they will be able to begin work on the site. Health Department staff has spent countless hours working with AIMCO (previously Flatley Co.,) in an effort to provide safe housing conditions, free from chronic dampness,to the residents of Royal Crest. The purpose of this drainage project is to correct a situation that has been a major contributor to sanitary code health violations for over a decade. In fact, it is documented that in 1990 the MA State Department of Public Health was called to this site for mold issue investigation and resulted in expensive air testing. Other solutions, such as regrading next to buildings or installing French drains have resulted with minimal success and appear to be money not well spent. 1600 Osgood Street,North Andover,Massachusetts 01845 Phone 978.688.9540 Fax 978.688.8476 Web www.townofnorthandover.com Re: Royal Crest Estates—Drainage Project July 11, 2007 Page 3 of 4 A letter of intent was received on June 29, 2007. This letter was incomplete in addressing the Health Department's concerns, as there was no firm agreement to execute the previously agreed upon actions,there was also no proposed consequences or assurances that each building would be evaluated in a manner acceptable to the Health Office. In an effort to ascertain whether or not the corrections are successful you are hereby ordered the following: VIOLATION The owner had knowledge of chronic wetness in multiple buildings and multiple rental units as described above. 105 CMR 410.500 "Every owner shall maintain the foundation, floors,walls, doors, windows, ceilings, roof, staircases, porches, chimneys, and other structural element of his dwelling so that the dwelling excludes wind,rain and snow, and is rodent-proof, watertight and free from chronic dampness, watertight, in good repair and in every way fit for the use intended." 105 CMR 410.010 "No person... shall let to another for occupancy any dwelling unit... for the purpose of living, sleeping, cooking,which does not comply with the requirements of 105 CMR 410". Corrective Action Required Eliminate conditions that create chronic dampness conditions within the premises. In addition to the proposed plan to correct site drainage problems the owner must: 1) Engage the services of a professional company/organization that specializes in the remediation of wet basement conditions. This company must be approved by the Health Office and must have experience in this area and be unaffiliated with the AIMCO Corporation or Op Management. A meeting must be held with all parties prior to beginning review of the buildings and an action plan will be agreed upon. 2) The contractor shall be provided access to all buildings, as they deem necessary to comply with the above agreed upon plan of action. 3) At minimum, the consultant shall supply in writing, recommendations as to which buildings are currently wet or have conditions that would imply chronic wetness problems. In addition,they will identify any structural elements that have been compromised by the chronic wetness (i.e. identification of compromised sheetrock or rugs) and propose remediation. 4) Those buildings identified will be included in the plan for drainage repair as described in the June 22,2007 letter. 5) A final summation of the work completed, as it relates to their recommendations, will be submitted to all parties. 6) As a result, each building/rental unit shall receive a Certificate of Compliance indicating that the identified source of chronic wetness or affiliated conditions have been appropriately addressed and remediated. AIMCO must engage in the hiring of a contractor whose expertise is in the area of water problem identification and remediation of chronic wetness in habitable structures. 1600 Osgood Street,North Andover,Massachusetts 01845 Phone 918.688.9540 Fax 918.688.8416 Web www.townofnorthandover.com Re: Royal Crest Estates—Drainage Project July 11, 2007 Page 4 of 4 The contractor must be approved by the Health Department in writing. A signed contract for service must be submitted within fourteen (14) days of receiving this communication. The evaluation of buildings 1-49 by the consultant must be completed within (30) thirty days of hiring. The completion of water remediation of the buildings will occur by December 31, 2007. The property owner has the right to request an extension of not greater than (6) months, but said request will be delivered,in writing, at least(10) ten days prior to the deadline. 1600 Osgood Street,North Andover,Massachusetts 01845 Phone 978.688.9540 Fax 978.688.8476 Web www.townofnorthandover.com Jun 22 07 09: 41a LEI AUBURN MR (508) 721-7600 p. 2 s , Narrative AIMCO, Apartment Investment Management Company owns Royal Crest Estates, an apartment complex on Rte 114 in North Andover, a property consisting of 50 building units, a roadway system and subsurface infrastructure (water, sewer and drainage). Each building has 12 rental units with 4 garden style apartment units located 3 to 4 feet beneath existing grade. Royal Crest appears to have a high groundwater table throughout the entire property. This site condition combined with the certain building design (no roof gutters, small door overhangs) has caused flooding and moisture related issues in several buildings. A IMCO has engaged the services of Treeline Construction (the contractor) to correct these problems with a three-part solution. The first step, which was completed this spring, involved water jetting of the existing drainage system and vacuum cleaning of all catch basin sumps. It appears that the subsurface drainage system had not been efficiently maintained over a period of several years. This operation has restored the storrn system to full hydraulic capacity. The North Andover DPW was notified prior to commencement of this operation. The storm drain system consists of RCP piping, barrel block catch basins and manhole structures that appear to he structurally sound and fully capable of conveying the onsite storm water with the exception of a few problem areas. One section of the drain line along Rte 114 has buckled as, a result of the installation of an underground power conduit passing directly beneath. This storm drain line is in close proximity to building#42, has a break in it due to the buckling and has little if no cover over the top of it allowing water and sediment to enter causing a blockage within that line. This disruption of the hydraulic gradient causes the water to surcharge in the line during stonn events. National Grid has been notified and the conduit is to be replaced and lowered below the drain line. After the conduit is replaced, the drain line will be replaced with a section of HDPE piping of equal capacity. The second step is to remove and replace the existing foundation drains located around each building that is declared non-functional. This process will remove ground water from around the perimeter of each building. The present foundation drainage system consists of 4"corregated metal pipe. The failure of any perimeter drain system could be caused by crushed pipes, root invasion or existing trench stone clogged with excessive sediment. The contractor would replace the old pipe with 6" SDR 35 perforated pipe wrapped in filter fabric. The crew replaced drain would be set one foot beneath the foundation slab parallel with the building footings. All corrected foundation drains would continue to be tied into the existing drainage system and depending on required invert elevations-,elevations-, around the buildings. All trench lines the drain may need to be rerouted g will be properly back filled, loamed and seeded. The contractor would also treat the exterior subsurface wall sections with a rubber membrane sealant. The contractor at the direction of the Building Inspector has taken out building permits to do this work on Building 41, 42 and 43. As built plans will be provided after the work has been completed. A1MCO has retained the services of a botanist to evaluate any potential wetland resource areas in the proposed work areas. 1MM Lenard Engineering, Inc. 1 Jun 22 07 09: 41a LEI AUBURN MA [5081721 -7600 p. 3 The third step would be to rehabilitate all/basement apartment that have a reported moisture issue. "This work may require repair to floor slabs and wall portions that come slab. Floor slabs will undergo an epoxy y crack repair Process and in contact with the floor g P P both the floors and interior concrete walls would be coated with water sealant paint. All interior walls would be repaired with moisture resistant/ paperless sheet rock. Building Permit will be requested from the Building Department for all proposed work. Lenard Engineering, Inc. 2 OP Property Management, LLC. p Y June 22, 2007 Ms. Sue Sawyer, Director RECEIVE® Town of North Andover Board of Health JUN 2 9 2007 1600 Osgood Street North Andover, MA 01845 TOWN OF NORTH ANDOVER HEALTH DEPARTMENT Dear Ms Sawyer, As a follow up to our meeting of June 8, 2007, this letter will serve to outline OP Property Management, LLC's work/improvements at Royal Crest Estates North Andover relative to the ground water infiltration at specific buildings within the community. Over the past year, OP Property Management, LLC has employed engineers and contractors to study the needs of each building within the community and we have determined that some buildings do not require any repair work while the scope of others varies by building. Several months ago we began work on selected buildings based on these studies and recommendations. The following details what was recommended and what has been accomplished to date: Identified buildings: 39, 40, 41, 42, 46, 47 and 48 These buildings have experienced water infiltration during periods of heavy rain exceeding 2 inches. Recommended action: Clean and jet the entire property storm drain system Status: Completed Findings/Results: All catch basins cleaned. The jetting revealed that there was a collapse of the main storm drain line behind buildings 42 and 43. This blockage caused the entire 40 loop of buildings to experience an unusually high water table that resulted in the increase of hydrostatic pressures causing the above list of buildings to flood during heavy rains. The line has been temporarily cleared and not experienced any water infiltration in these buildings since. In addition, it was determined that the cause of the collapse was due to an electrical conduit under the jurisdiction of the local electric company. The electric company is scheduled to make the necessary repairs to their line the week of June 18, 2007. During this time OP Property Management, LLC is requesting permission to repair the segment of pipe that has collapsed. We will work in conjunction with the utility company's schedule. Recommended Action: Re-point building facade bricks at entranceway porticos Status: OP Property Management, LLC has completed Buildings 47, 48, 46, 42, 43, 41. Findings/Results: We will identify and repair any remaining buildings on the property that are in need of pointing as we execute our annual Preventive Maintenance program. Boston Regional Operating Center, 639 Granite Street, Suite 312, Braintree, MA 02184 Telephone (781) 849-1471 Facsimile (781) 849-7652 r Recommended Action: Foundation waterproofing and French drain cleaning Status: French Drains at Buildings 41, 46, 48 and 47 have been cleaned and repaired. Foundation waterproofing is underway on affected buildings and will be coordinated through the proper agencies. Findings/Results: Our contractor has met with Pam Merrill from the Conservation Department and is awaiting permission to perform this work around buildings 40 and 43. Recommended Action: Concrete slab crack repair Status: Each apartment that has been identified has had this repair work completed. Findings/Results: The repair to the slab cracks is an epoxy product that seals the crack and bonds the slab together making that joint stronger than any other portion of the slab. This repair does not allow hydrostatic pressure to force water in to the apartment unit In addition, OP Property Management, LLC provides each resident with information pertaining to lifestyle habits that they should follow to mitigate any moisture or ventilation problems within their apartment home. This is an ongoing process for the management at Royal Crest Estates. We are exploring other options that may reduce moisture within the apartments including a positive air exchange system. However no final decisions have been made. Issues that we are aware of internal to the buildings that we are in the process of addressing are related in part to the lifestyle of our residents. We have also approved the replacement of all windows and sliders at the community. This upgrade, when completed, will eliminate the current sweating and wicking of moisture through the aluminum window frames and have a very positive impact on the resident's lifestyle. To recap our plan, OP Property Management, LLC is committed to the above listed repairs on an as needed basis for each building as identified by our the contractor and engineer; OP Property Management, LLC is committed to making the necessary repairs to ensure that our residents are provided with a quality living environment. We will continue to work toward a solution to ensure that we achieve this goal and will collaborate with all appropriate parties including the Town of North Andover to ensure that we achieve this goal As we move forward we will prepare a schedule of work and seek the necessary approvals from the Town agencies to ensure that we proceed within the guidelines of the town. I would anticipate that we will receive local cooperation as we move forward so that we can complete the work necessary to remedy these issues. If there are any other specific issues relating to apartment homes at Royal Crest Estates that we are unaware of please bring them to our attention and we will review and remedy as needed. Thank you for you assistance and support in resolving the issues at Royal Crest Estates North Andover and we look forward to a mutually respectful relationship as we move forward. Plea ntact if you have any questions or concerns. Re John Murray OP Property Management, LC Director of Construction 508-243-8292 Boston Regional Operating Center, 639 Granite Street, Suite 312, Braintree, MA 02184 Telephone (781) 849-1471 Facsimile (781) 849-7652 SENDER: COI�*ETE THIS SECTION COMPLETE THIS SECTION ON DELIVERY ■ Comp'.r;te items 1,2,and 3.Also complete A. Received by(Please Print Clearly) B. Date of Delivery item 4 if Restricted Delivery is desired. ■ Print your name and address on the reverse so that we can return the card to you. C. igna re L701-1 ■ Attach this card to the back of the mailpiece, X ❑Agent or on the front if space permits. V 0 ❑Addressee D. Is delivery,addre ifferent fr item 1? 11 Yes 1. Article Addressed to: If YES,enter delivery address below: ❑ No ��ke- - 3. Servic pe la<ertified Mail ❑ Express Mail ❑ Registered ❑ Return Receipt for Merchandise ❑ Insured Mail ❑C.O.D. 4. Restricted Delivery?(Extra Fee) ❑Yes 2. Article Number(Copy from service label PS Form 3811,July 1999 Domestic Return Receipt 102595-00-M-0952 UNITED STATES POSTAL SERVICE First:�Class Mail Postage&Fees Paid USPS r Permit No.G-10 i` • Sender: Please print your name, address, and ZIP+4 in this box • � I Health Department 27 Charles Street North Andover, MA 01845 NOV-16-2004(TUE) 15. 32 ROYAL CREST ESTATES NA (FAX)19786829064 P. 002/002 p November 11,2004 Michele Grant Public Health Inspector Town of North Andover Office of the Health Department Community Development and Services Division 400 Osgood street North Andover,Massachusetts 01845 bear Ms.Grant: Thank you for visiting Royal Crest North Andover on Tuesday.November 9,2004. 1 am,confident that the Management Team for Royal Crest and the Office of the Health Department for the Town of North Andover will continue to work together to service the needs of our mutual constituents. This response is directed to your letter dated November 21*,20%regarding 20 Royal Crest Avenue, Apt 3 and the above mentioned visit to the property. We both agreed that the apartment was in good conditionand void of any noticeable water infiltration issues. The carpet was stained from what appeared to be topical and not from any waterlmold emanating from the concrete flooring. The minor mokilstain on the drywall was considered of little significance to necessitate the removal of the drywall and normal cleaning would control such re- occurrence. The extensions for the downspouts wilt be installed in a 24-hour timeframe. It was noted that the apartment,possibly the carpet had a"musty'odor. As requested,please note below the Action Plan for the apartment and the community. 20 Royal Crest Avenue.Apartment#3 1. Make aparMrent rent ready by Friday,November 19,2004 or sooner. 2. Simulate living conditions and monitor humility and temperature levels. 3. Install extensions on downspouts. Upon completion of the"turnover"of the apartment, Royal Crest Management will invite the Office of Health Department to visit the apartment as many times as necessary to obtain certificate of compliance.it Is both parties'intentions to do so by December 1,2004. The RW,Crest Community—Drains 1. Re-grade the areas at the building perimeters in order to provide positive drainage away from the building perimeter.The tentative plan is to complete 10 buddings in a 2 year time frame,if not sooner. We trust that the positive steps taken above will result in providing a solid foundation for the future and look forward to completing the above action plan to all parties'mutual satisfaction. Sincerely, Marts T,Johnson Community Manager,Royal Crest-North Andover i i s , Royal Crest On November 19, 2004 I did a drive by at Royal Crest, Building 20. The gutters have been extended away from the building. Michele E. Grant November 23, 2004 Called Mark Johnson and left a message to call me back. He will call me back on Monday November 29, 2004 I will request for more information regarding the drainage system. Would like to have better... 1. Re rade? What exactly are You doing, ie: French Drain etc. g g� 2. What building will done first 3. More specifics on how and will be down in those 2 years. 4. How will you address the mold issues as the complaints come in?Plan of Action I o a l Crest Estates North Andover Telephone: ,(978) 681-1822 Fax: (978) 682-9064 FAX COVER SHEET DATE: (2 ( t3(6q TO: C� COMPANY: © " FAX:_ FROM: - 10 kNN-� MESSAGE: e nn 10 P'(106S 2-006% _ fes - Loa. The information contained in this fax is intended for the exclusive use of the addressee and may contain confidential-or privileged information. If you are not th'e intended recipient, you are hereby notified that any form of dissemination or this communication is strictly prohibited. If this fax was sent to you in error, please immediatcly notify us by phone. We are sending a total of pages, including this cover sheet. Please call us at (978) 681-1822 if you experience any problems. 900/100 'd 99062999L61(M) dN S318M ISM] IB608 60 :S1 (NOW)9002-EI-330 12. Continuously, throughout each day, the Contractor shall ensure that all debris is safely removed from the worksite as necessary. NO debris may be left on the worksite at the end of the workday. The Contractor shall take considerable care to remove all trails and debris from walkways, driveways, and landscaped areas. All "work" related materials sbould be neatly stacked and protected form environmental conditions, at location/s designated by the Owner. OP Property Management, LLC and/or the Owner are not responsible for materials or equipment stored on the property. Failure to keep the site neat, clean, and orderly will result in a penalty of 5100.00 for the first infraction and $500.00 for each subsequent infraction. All penalties will be deducted from the next payment application. 13. The Contractor shall provide color and material submittals for approval by the Owner, prior to procurement by the contractor. Failure to provide necessary submittals in time to comply with product lead times will be the sole responsibility of the Contractor. The Owner will select all colors. 14, The Contractor shall provide the Owner with a schedule detailing anticipated completion of critical path items. This schedule shall be provided to the Owner prior to project commencement and shall be updated continuously. 15. The Contractor shall provide a legal Certificate of Insurance addressed to OP Property Management,a LLC with the Owner's legal name and the name of the property listed as additional insured, and issued by the Contractor's carrier prior to execution of the Contract. 16. The Contractor shall. notify OP Property Management, LLC if any problems, questions, or complications arise that will alter the Scope of Work,or contract amount. All changes, regardless of nature, must be submitted, approved, and processed on a Change Order Form provided by the Owner. Any work performed by the Contractor,not covered in the. contract and/or change order(approved by the Owner)will not be paid. 17. The Contractor shall comply with the safety and health regulations for construction as Federal Regulations described in the Code of F gu and administered by the Occupational. ' safety Safety and Health Anu Administration (OSHA). Tbts includes submission of material saf , data sheets to the Owner prior to project commencement. In the event that OSHA,or an equivalent state agency, inspects the site and finds the Contractor in violation of any code,and fines the Contractor accordingly,the Contractor shall,in addition to paying its own fines,reimburse the Owner for violations caused by the Contractor. The Contractor shall safely store all equipment when not in use, so as not to create a hazard. The Contractor shall take the required measures to maintain safety in the work Orea. The Contractor will be required to cordon off a construction zone on a per building basis in order to restrict the presence of pedestrians and vehicular traffic, and will provide clearly marked and protected lanes for resident access to the buildings and individual units. 18. All materials shall be installed under adequate illumination to ensure proper application procedures and safety. The Contractor shall protect all foliage, and shall notify the Owner, in advance,of any shrubbery that may be damaged as a result of performance of the work. 900/SOO 'd V9062998L61(XUJ) UN S310IS3 1SH3 18604 0I ;S1 (NON)V002-EI-130 and exhibits, and in accordance with all local governmental standards, codes .and ordinances. The Contractor shall be responsible for furnisbing and posting all licenses, permits,and inspections as required. 3. All work shall be in strict conformance to any and all manufacturer's specifications. Work shall consist of and be performed in accordance with Contractors proposal hereby made part of this Contract. 4. The Contractor shall be responsible for inspecting the work of others and reviewing existing substrate conditions. Prior to the application of any finished materials. if any subsrrate conditions are inconsistent with providing a properly finished product, the contractor shall immediately notify the owner in writing, or aasurne responsibility for correcting the underlying condition. 5. OP Property Management, LLC shall be the only patty, who is authorized, in non- emergency conditions, to approve changed in the Scope of Work, and/or contract documents, and/or scheduling, and/or cost. Emergency conditions are defined as life safety issues. 6. The Contractor shall coordinate their work with the Cotnmunity Manager,and provide 48 hours notice of impending work The Contractor shall also coordinate the locations of temporary storage, field office, dumpsters, and portable toilets with the Owner. Thcse items will be the sale responsibility of the Contractor. 7. Contractor shall familiarize himself with the local weather conditions and forecast as may from time to time change,and shall schedule the work during fair weather conditions,and shall protect the work and the building interiors from inclement weather at all times. Contractor is to keep all buildings weather tight or have suitable materials on hand,ready to immediately cover all exposed areas. At the conclusion of daily work, during lunch, breaks, etc., provisions will be made to cover unfinished work, tight against wird and water damage. 8. The Contractor shall warrant all materials and workmanship for a period of one year. 9. The Contractor shall maintain, st all times an English-speaking supervisor who is fully informed with respect to the requirements of the Scope of Work, schedule, and daily progress. All work is to be performed in a workmanlike manner, and only skilled mechanics, fully trained in their trade, shall be employed to perform the work of the contract. All materials used shat!be listed in the specifications or otherwise approved.in writing,by the Owner. 10. Weekday work hours shall be from 8:00 am to 6:00 p.m. No work is to be Performed an Saturdays without the prior written approval of the Owner. No work will be permitted on Sundays or Holidays. Access to each apartment,if necessary, will be by individual unit key. Master keys will not be issued. 11. The Contractor acknowledges that OP Property Management, LLC provides equal housing opportunity, and therefore, agrees that the Contractor, and its agents and employees, will not discriminate against any person, while on the premises of any property owned or managed by Op Property Management, LLC, on the basis of race, color,religion,national origin,sex familial status,or disability. 900/000 'd V9062898161083) UN UiUIS3 1S383 18fi0d 60 :Si (NOW)0002-E1-330 Scope of Work: French Drain for Building 47 Royal Crest Estates:North Andover Scope Work to be performed at Building 47 • Excavate the right side of the building from the electrical conduit to the back stairs and from the right side of the back stairs around to the front doghouse.Excavate down to 1 foot below the.foundation footing. • Clean off foundation,and examine for cracks and openings. + Filllseal all cracks and openings with hydraulic cement. • Property needs to approve condition of foundation before any tar is applied • Apply on a brushed on coating of black tar to exposed foundation. • Install bitchathane ice and water shield from footing to finished grade over exposed foundation..Do not use granular ice and water shield,make sure to use Grace product. Product will need to be approved by property before use. . • Install two catch basins in front,two on right side,three on,left side,and four across the back.Catch basins are to be at least two feet deep and to have gates to cover them. Property will show exact location of where catch basins should bc. • Install Frtnch drain using 4-inch PVC pipe,with 1/2-inch perforations on top,at the footing.The pipe should go around the entire foundation and be tied into every catch basin.The pipc sbould be covered with landscape cloth to prevent claggine. The property will pick two low spots in the back of the building and the contractor will trench from the French drain to the spots. At these spots dig a 12-foot diameter circle that is 8-feet deep.Run a solid flinch PVC pipe from the perforated pipe to the middle of the holes. • Fill Boles with 1-inch stone to within 6 inches of the grade.Fill rest of way with 6 inches of loam and grade as needed. • Cover all piping with 1-inch stone to within 6 inches of grade.Fill nest of way with 6 inches of loam and grade as needed. All shrubs and plants removed during process should be replanted where they originally were. • Stone beds should be returned to original condition after back filling with proper pitch away from building.They should not be above foundation top. • All landscape should be returned to original conditions that include all looming,seeding, mulching,and/or rock replacement as needed. • Contractor is responsible to contact Dig Safe.No dir;ing can be done without Dig Safe Number. GERAL CONDITIONS: 1. This supe of work covers the following work at Royal Crest Estates, North Andover, Ma. 2.' The Contractor shall be responsible for all materials,labor,tools,equipment debris/wasto removal, permits, and all other means necessary .for installation of the work more fully described herein, and shall be in accordance with all applicable drawings, specifications 900/E00 'd 69062998161(XH.i) UN UMS3 ISM 18fiOd 60 :S1 (NOW)0002-E1-130 Malo tt D=000l -4640,•N,4Z,4-3,4+,¢5-f6, 48,417 0 0 I- ru 0 C3 n. e UD 0 rn ru m Co r- rn ' �6 �� Cat•gn x Malnten�t+ce • Cr 17 ! tt� C13 • C+ter > c� 26 41AIN ko.t- Z4 37 0 9 = octet" ' 22 MITe:nle court r9 39 z _ W a~ o a Pool Q Cr en t D five_` w � its • C� I� Tennit �0liltsLLJ 4 i GSA r ClubLn Cx 3? • Li J ,,, Cue Hou:c T �. � �1 ad n :1 o t Z9 •' 115 2 Mlle lagging Coutse Q 6 �%h MLVL s Pond ,� d. , fat m u 0-0-,' L" - 19. The Contractor shall-be required to develop and complete all punch lists for his/her work, immediately upon request of the Owner. 20. Applicatiotrs for payment will be considered only for work in place. END OF SECTION I i I I I . 900/900 'd 99062898LE083) UN S31M3 ISM] IM08 01 :S1 (NOW}t#002-E1-330 VkORTli O�tt�eo �6.9�G OL O A� O coe"It a...��• SSAC HUs���y PUBLIC HEALTH DEPARTMENT Community Development Division MEMORANDUM To: Curt Bellavance, Community Development Dir. From: Susan Sawyer, Public Health Dir. Re: Royal Crest Estates drainage project Curt, This memo is to inform you of an ongoing project at Royal Crest Estates and its current status. On Wednesday, May 30th,the Health and Conservation Departments requested that excavation and perimeter drain work stop at Building#41 of Royal Crest Estates. They did so voluntarily. The following is the explanation as to the request. The Health Department is the enforcer of the Human Habitation Code. Royal Crest Estates is comprised of 49 rental buildings. Most, if not all of these buildings,have three floors of rental apartments. The first floor is split approximately half below ground level. Unfortunately,this property prior to development in the 70's was known by locals for the peat moss that was harvested here,now categorized as wetland resource areas. Among the many Housing Code complaints that would be expected of an apartment complex of this size,which range from plumbing issues to broken appliances,there have been a high incidence of mold complaints. Each complaint has been responded to individually and addressed cooperatively with the onsite management and corrective action was taken on a building-by- building basis. However, in 2004, having researched the true extensiveness of chronic wetness problems, Michele Grant and I met with the site manager, Mark Johnson. We presented to him some of the following data. Health Department records show complaints regarding mold and chronic dampness issues for lower level apartments since 1990. Over those 17 years, Health Staff have documented chronic dampness complaints in Building's#3,#4, #11, #12,#15, #20, #25, #36, #38, #39,#45, #46, and#47.Numerous other undocumented complaints were, and continue to be,handled by Health Staff on a regular basis. The manager conveyed to us that the parent company, AIMCO Capital,who purchased the property from Flatley Co., was ready to address the problem by assessing the onsite drainage and proposing permanent solutions for all affected buildings. It was evidently clear that the water problems were well known by management. Their knowledge of the situation and subsequent 1600 Osgood Street,North Andover,Massachusetts 01845 Phone 978.688.9540 Fax 978.688.8476 Web www.townofnorthandover.com i inaction results in violation of 105 CMR 4 10.0 10 and 410.500,having rented any unit that was not, "watertight and free from chronic dampness". Mr. Johnson committed to the correction of the site problems of"10 buildings in a 2 year timeframe" and in turn, each subsequent manager has agreed as well. Mr. Johnson is no longer employed as the manager at Royal Crest. This past winter, Michele Grant set up a mini Technical Review Committee meeting to discuss the chronic wetness issue. In attendance were three representatives from Royal Crest or AIMCO and staff from Health, Conservation,Building and Fire. The purpose was to present a united front as to what was expected during the process. The meeting was successful. The management was to engage an engineer to investigate the drainage problems and propose a plan of action, submit plans for review to be certain they will work, submit plans to Fire regarding locations of propane tanks and flag the wetlands on site. Then once approvals are received,they will be able to begin work on the site. The following provides a brief summary of documented activities that have occurred to date. March 5,2007—Lenard Engineering,via Robert Duff, contacts Gene Willis, by letter, regarding plan of assessing existing conditions (see attached) March 6,2007 -Michele Grant was contacted by the engineer on the project, Robert Duff, regarding the game plan. He stated he would start by conducting deep holes to determine ground water and would pull a permit with the Health office for this soil testing. Undated email from John Murray, AIMCO lays out possible solutions (see attached)Murray indicates he may not agree with first proposal of French drains May 29,2007—Application for Building permit submitted for Bldgs. 41, 42, 43. Conservation and Health begin review of Form U and Building application.No plan was submitted to review, application was rejected by Health. Applicant called. May 30,2007—site visit finds work already started without receiving Building Permit. Wetlands found being altered. Voluntary work stop requested by Health and Conservation. John Murray agrees to stop work and set up a meeting to address concerns of Town Departments. Date TBD May 31,2007—Health confirms work stopped at Building 41. Concerns of safety of open trench relayed to onsite management. Many conversations have been held with Mr. Murray from AIMCO, Patti Purdue,the current manager, and applicant who signed the building permit, Mr. Duff,the engineer and others. It is clear that while some town departments may not have concern over this project there are those who do and have spent countless hours working with AIMCO (previously Flatley Co.,) in an effort to provide safe housing conditions, free from chronic dampness,to the residents of Royal Crest. The purpose of this drainage project is to correct a situation that has been a major contributor to sanitary code health violations for over a decade. In fact, it is documented that in 1990 the MA State Department of Public Health was called to this site for mold issue investigation and resulted in expensive air testing. Other solutions, such as regrading next to buildings or installing French drains have resulted with minimal success and appear to be money not well spent. For this reason, drainage on the Royal Crest Estates site is most certainly a Health Department issue and any excavation around or near this site will impact wetlands and the Conservation Department. Engineered plans and additional tasks proposed must show that this will succeed in alleviating the chronic wetness prior to allowing work to begin. AIMCO will be meeting with any interested Departments as soon as possible. I have copied additional departments on this 1600 Osgood Street,North Andover,Massachusetts 01845 Phone 918.688.9540 Fax 918.688.8416 Web www.townofnorthandover.com memo in an attempt to bring any one into the mix that may have been left out of the loop. Any of you may contact us if you are interested. I feel it is so important that each department should support the others when approached by an applicant such as this and speak only for their departments. If in the future there is a situation that is unclear as to who needs to approve the application, I would request that we each confer with the other even though we may be across town. In this way, applicants and colleagues will be treated respectfully and surprises will be kept to a minimum. Thank you for your attention. If there are any questions regarding this memo,please contact me. CC: Gerald Brown, Inspector of Buildings Alison McKay, Conservation Administrator Pamela Merrill, Conservation Associate Andrew Melnikas, Fire Safety Officer Tim Willet, Sewer and Water Superintendent Gene Willis, DPW Lincoln Daley, Town Planner I 1600 Osgood Street,North Andover,Massachusetts 01845 Phone 978.688.9540 Fax 978.688.8476 Web www.townofnorthandover.com enbiun y ■ �oae� k°z eoeidliew inoR 10;aaynuaPI tJ ■ sdiaoai 6ui�iew y ■ nbiun V ■ aapino'V 1lew p81111Aa9 U!'1!?11W11d1.■ Y T ' COCNIC [WK• AORATID SSACHuS PUBLIC HEALTH DEPARTMENT Community Development Division Date: July 11, 2007 To Owner of Record: Property Location: AIMCO Royal Crest Estates CO/Deloitte PTS-Dept 208 Royal Crest Drive, Bldgs 1-49 6363 N. State Highway 161, Suite800 North Andover,MA 08145 Irving, TX 75038-2262 Cc: OP Management, LLC Attn. John Murray,Dir. of Construction 639 Granite Ave., Suite 312 Braintree,MA 02184 RE: Drainage Project-Royal Crest Estates The North Andover Health Department has become aware of a comprehensive drainage project that is beginning at the Royal Crest Estate Apartments located in North Andover,MA. The success of this project is essential to the remediation of the long-standing chronic wetness problems within the rental buildings at the site. For this reason the Health Department became involved in the project. On Wednesday June 6, 2007 a meeting was held at the Health Office. In attendance was John Murray, Director of Construction for AIMCO,accompanied by the professional engineer, Robert Duff, and the site contractor, Ken Nadolski, hired for this project. Representatives from the Health,Planning and Conservation Departments were also present. Please note that this correspondence only address Sanitary Code issues as identified by the Health Department. The Health Department is very supportive of AIMCO and OP Property Management, LLC in their effort to address the chronic water infiltration problems within the rental apartment buildings. It is understood that the engineer has identified that the long-term water problems relate directly to a poorly maintained 30 year-old drainage system. A comprehensive plan to repair-this neglected drainage system, which has affected the rental buildings, was presented at the meeting and assurances were made. The agreement was to voluntarily address the Health Department concerns in an official document and submit it to the Health Department prior to continuing on with the project. The primary concern was that the method that AIMCO used to identify the wet buildings was not comprehensive and did not include many buildings noted by the Health Office complaint files. I Re: Royal Crest Estates—Drainage Project July 11,2007 Your letter of June 22, 2007 was received, as well as the Narrative document sent by Lenard Engineering on your behalf. These documents address some, but not all, (see attached correspondence) of the points that were agreed upon at the meeting of June 6th. Additional requests for an agreement to voluntarily follow through with tasks verbally g P agreed upon went unanswered. This correspondence is a follow up to those letters. The attached Order Letter will further itemize the issues not addressed by your letter of intent and will serve as a legal framework so that the Board of Health will be ensured that the proposals are followed through. It will also describe in detail the reasoning and the action that is required by this office in the common goal of identifying all of the affected properties and to permanently remediate the sanitarycode violations. The MA Department of Public Health has been copied on this p p documentation. If you have any questions regarding the State Sanitary Code or the enforcement by the local Board of Health, feel free to contact the Community Sanitation Program at 508 792- 7880. Th you, A7 Susan Sawyer, REHS/RS Public Health Director Cc: Community Sanitation Program Paul Halfmann,Asst. Director �I 1600 Osgood Street,North Andover,Massachusetts 01845 Phone 978.688.9540 Fax 978.688.8476 Web www.townofnorthandover.com pORTii q O tt�eo 1. a'a 0 10- "o vy �pA coc.i¢wewicK�1• ��SSACHUS PUBLIC HEALTH DEPARTMENT Community Development Division NORTH ANDOVER BOARD OF HEALTH ORDER LETTER Issued under the provisions of the State Sanitary Code, Chapter II,Minimum Standards of Fitness for Human Habitation,105 CMR 410.000. Date: July 11,2007 To Owner of Record: Property Location: AIMCO Royal Crest Estates CO/Deloitte PTS-Dept 208 Royal Crest Drive,Bldgs 1-49 6363 N. State Highway 161, Suite800 North Andover,MA 08145 Irving,TX 75038-2262 CC: OP Management,LLC Attn.John Murphy,Dir.Of Construction 639 Granite Ave.,Suite 312 Braintree,MA 02184 Re: Royal Crest Drainage Proiect The North Andover Health Department has found that material conditions documented over the past 17 years have not been corrected and continue to cause conditions of chronic wetness in multiple rental units and common areas within the Royal Crest Estates complex. Inspections and review of site conditions revealed violations of certain regulations of the State Sanitary Code,Chapter II,as listed on the attached Violation Form. You are hereby ORDERED to correct these violations. Failure to comply within the specifications may result in further action by the North Andover Board of Health. You have the right to request a he before the Board of Health if you feel this order should be modified or withdrawn. A request for said hearing must be made in writing and received by the Health Department within seven(7)days from the receipt of this order. At said hearing you will be given an opportunity to be heard and to present witnesses and documentary evidence as to why this order should be modified or withdrawn. All affected parties will be informed of the date, time and place of the hearing and of their right to inspect and copy all records concerning the matter to be heard. You may be represented by an attorney. You have the right to inspect and obtain copies of all relevant records concerning the matter to be heard. i u n Sawyer,REHS/RS Public Health Director Re: Royal Crest Estates—Drainage Project July 11,2007 Page 2 of 4 ORDER LETTER BACKGROUND The Health Department is the enforcer of the Human Habitation Code. Royal Crest Estates is comprised of 49 rental buildings. Most, if not all of these buildings, have three floors of rental apartments. The first floor is split approximately half below ground level. Among the many types of Housing Code complaints that would be expected of an apartment complex of this size,which range from plumbing issues to broken appliances, there has been a high incidence of mold complaints. Each complaint has been responded to individually and addressed cooperatively with the onsite management and corrective action was taken on a building-by-building basis. However, in 2004,having researched the true extensiveness of chronic wetness problems, Michele Grant and I met with the site manager, Mark Johnson. We presented to him some of the following data. Health Department records show complaints regarding mold and chronic dampness issues for lower level apartments since 1990. Over those 17 years, Health Staff have documented chronic dampness complaints in Building's#3, #4, #11, #12,#15, #20, #25, #36, #38,#39, #45,#46, and#47.Numerous other undocumented complaints were, and continue to be, handled by Health Staff on a regular basis. The manager, in 2004, conveyed to us that the parent company,AIMCO Capital, who purchased the property from Flatley Co., was ready to address the problem by assessing the onsite drainage and proposing permanent solutions for all affected buildings. It was evidently clear that the water problems were well known by management. Their knowledge of the situation and subsequent inaction results in violation of 105 CMR 410.010 and 410.500, having rented any unit that was not, "watertight and free from chronic dampness". Mr. Johnson committed to the correction of the site problems of"10 buildings in a 2 year timeframe" and in turn, each subsequent manager has agreed as well. Mr. Johnson is no longer employed as the manager at Royal Crest. This past winter, Michele Grant set up a Technical Review Committee meeting to discuss the chronic wetness issues. In attendance were three representatives from Royal Crest or AIMCO and staff from Health, Conservation, Building and Fire. The purpose was to present a united front as to what was expected during the process. The meeting was successful. The management was to engage an engineer to investigate the drainage problems and propose a plan of action, submit plans for review to be certain they will work, submit plans to Fire regarding locations of propane tanks and flag the wetlands on site. Then once approvals are received, they will be able to begin work on the site. Health Department staff has spent countless hours working with AIMCO (previously Flatley Co.,) in an effort to provide safe housing conditions, free from chronic dampness,to the residents of Royal Crest. The purpose of this drainage project is to correct a situation that has been a major contributor to sanitary code health violations for over a decade. In fact, it is documented that in 1990 the MA State Department of Public Health was called to this site for mold issue investigation and resulted in expensive air testing.-Other solutions,-such as-regrading next to buildings or installing French drains have resulted with minimal success and appear to be money not well spent. 1600 Osgood Street,North Andover,Massachusetts 01845 Phone 978.688.9540 Fax 978.688.8476 Web www.townofnorthandover.com Re: Royal Crest Estates—Drainage Project July 11, 2007 Page 3 of 4 A letter of intent was received on June 29, 2007. This letter was incomplete in addressing the Health Department's concerns, as there was no firm agreement to execute the previously agreed upon actions,there was also no proposed consequences or assurances that each building would be evaluated in a manner acceptable to the Health Office. In an effort to ascertain whether or not the corrections are successful you are hereby ordered the following: VIOLATION The owner had knowledge of chronic wetness in multiple buildings and multiple rental units as described above. 105 CMR 410.500 "Every owner shall maintain the foundation, floors,walls, doors, windows, ceilings,roof, staircases,porches, chimneys, and other structural element of his dwelling so that the dwelling excludes wind,rain and snow, and is rodent-proof, watertight and free from chronic dampness, watertight, in good repair and in every way fit for the use intended." 105 CMR 410.010 "No person... shall let to another for occupancy any dwelling unit... for the purpose of living, sleeping, cooking,which does not comply with the requirements of 105 CMR 410". Corrective Action Required Eliminate conditions that create chronic dampness conditions within the premises. In addition to the proposed plan to correct site drainage problems the owner must: 1) Engage the services of a professional company/organization that specializes in the remediation of wet basement conditions. This company must be approved by the Health Office and must have experience in this area and be unaffiliated with the AIMCO Corporation or Op Management. A meeting must be held with all parties prior to beginning review of the buildings and an action plan will be agreed upon. 2) The contractor shall be provided access to all buildings, as they deem necessary to comply with the above agreed upon plan of action. 3) At minimum, the consultant shall supply in writing, recommendations as to which buildings are currently wet or have conditions that would imply chronic wetness problems. In addition,they will identify any structural elements that have been compromised by the chronic wetness (i.e. identification of compromised sheetrock or rugs) and propose remediation. 4) Those buildings identified will be included in the plan for drainage repair as described in the June 22,2007 letter. 5) A final summation of the work completed, as it relates to their recommendations, will be submitted.to all parties. 6) As a result, each building/rental unit shall receive a Certificate of Compliance indicating that the identified source of chronic wetness or affiliated conditions have been appropriately addressed and remediated. AIMCO must engage in the-hiring of a contractor-whose expertise is in the area of water problem identification and remediation of chronic wetness in habitable structures. 1600 Osgood Street,North Andover,Massachusetts 01845 Phone 918.688.9540 Fax 978.688.8476 Web www.townofnorthandover.com ` Re: Royal Crest Estates—Drainage Project July 11, 2007 Page 4 of 4 The contractor must be approved by the Health Department in writing.A signed contract for service must be submitted within fourteen (14) days of receiving this communication. The evaluation of buildings 1-49 by the consultant must be completed within (30) thirty days of hiring. The completion of water remediation of the buildings will occur by December 31,2007. The property owner has the right to request an extension of not greater than(6) months, but said request will be delivered,in writing, at least (10) ten days prior to the deadline. 1600 Osgood Street,North Andover,Massachusetts 01845 Phone 978.688.9540 Fax 978.688.8476 Web www.townofnorthandover.com i Jun 22 07 09: 41a LEI AUBURN MR (508) 721-7600 p. 2 Narrative A1.MCO, Apartment Investment Management Company owns Royal Crest Estates, an apartment complex on Rte 1.14 in North Andover, a property consisting of 50 building units, a roadway system and subsurface infrastructure (water, sewer and drainage). Each building has 12 rental units with 4 garden style apartment units located 3 to 4 feet beneath existing grade. Royal Crest appears to have a high groundwater table throughout the entire property. This site condition combined with the certain building design (no roof gutters, small door overhangs)has caused flooding and moisture related issues in several buildings. AiMCO has engaged the services of Treeline Construction (the contractor) to correct these problems with a three-part solution. The first step, which was completed this spring, involved water jetting of the existing drainage system and vacuum cleaning of all catch basin sumps. It appears that the subsurface drainage system had not been efficiently maintained over a period of several years. This operation has restored the storm system to full hydraulic capacity. The North Andover DPW was notified prior to commencement of this operation. The storm drain system consists of RCP piping, barrel block catch basins and manhole structures that appear to be structurally sound and frilly capable of conveying the onsite storm water with the exception of a few problem areas. One section of the drain line along Rte 114 has buckled as a result of the installation of an underground power conduit passing directly beneath. This storm drain line is in close proximity to building#42, has a break in it due to the buckling and has little if no cover over the top of it allowing water and sediment to enter causing a blockage within that line. This disruption of the hydraulic gradient causes the water to surcharge in the line during storm events. National Grid has been notified and the conduit is to be replaced and lowered below the drain line. After the conduit is replaced, the drain line will be.replaced with a section of HDPE piping of equal capacity. The second step is to remove and replace the existing foundation drains located around each building that is declared non-functional. This process will remove ground water from around the perimeter of each building. The present foundation drainage system consists of 4"coiregated metal pipe. The failure of any perimeter drain system could be caused by crushed pipes, root invasion or existing trench stone clogged with excessive sediment. The contractor would replace the old pipe with 6" SDR 35 perforated pipe wrapped in filter fabric. The new replaced drain would be set one foot beneath the foundation slab parallel with the building footings. All corrected foundation drains would continue to be tied into the existing drainage system and depending on required invert elevations;the drain may need to be rerouted around the buildings. All trench lines will be properly back filled, loamed and seeded. The contractor would. also treat the exterior subsurface wall sections with a rubber membrane sealant. The contractor at the direction of the Building� Inspector has takers out building permits to do this work on Building 41, 42 and 43. As built plans will be provided after the work has been completed.- A.IMCO has retained-tlic.ser�ices of a botanist to evaluate any potential wetland resource areas in the proposed work areas. 11-11111.Lenard Engineering,ineerin Inc. 1 9 9, Jun 22 07 09: 41a LEI RUBURN MR (508) 721-7600 p. 3 The third step would be to rehabilitate all/basement apartment that have a reported moisture issue. This work may require repair to floor slabs and wall portions that come in contact with the floor slab. Floor slabs will undergo an epoxy crack repair process and both the floors and interior concrete walls would be coated with waiver sealant paint. All interior walls would be repaired with moisture resistant/ paperless sheet rock. Building Permit will be requested from the Building Department for all proposed work. Lenard Engineering, Inc. 2 OP Property Management, LLC. June 22, 2007 Ms. Sue Sawyer, Director RECEIVE® Town of North Andover Board of Health JUN 2 9 2007 1600 Osgood Street North Andover, MA 01845 TOWN OF NORTH ANDOVER HEALTH DEPARTMENT Dear Ms Sawyer, As a follow up to our meeting of June 8, 2007, this letter will serve to outline OP Property Management, LLC's work/improvements at Royal Crest Estates North Andover relative to the ground water infiltration at specific buildings within the community. Over the past year, OP Property Management, LLC has employed engineers and contractors to study the needs of each building within the community and we have determined that some buildings do not require any repair work while the scope of others varies by building. Several months ago we began work on selected buildings based on these studies and recommendations. The following details what was recommended and what has been accomplished to date: Identified buildings: 39, 40, 41, 42, 46, 47 and 48 These buildings have experienced water infiltration during periods of heavy rain exceeding 2 inches. Recommended action: Clean and jet the entire property storm drain system Status: Completed Findings/Results: All catch basins cleaned. The jetting revealed that there was a collapse of the main storm drain line behind buildings 42 and 43. This blockage caused the entire 40 loop of buildings to experience an unusually high water table that resulted in the increase of hydrostatic pressures causing the above list of buildings to flood during heavy rains. The line has been temporarily cleared and not experienced any water infiltration in these buildings since. In addition, it was determined that the cause of the collapse was due to an electrical conduit under the jurisdiction of the local electric company. The electric company is scheduled to make the necessary repairs to their line the week of June 18, 2007. During this time OP Property Management, LLC is requesting permission to repair the segment of pipe that has collapsed. We will work in conjunction with the utility company's schedule. Recommended Action: Re-point building fagade bricks at entranceway porticos Status: OP Property Management, LLC has completed Buildings 47, 48, 46, 42, 43, 41. Findings/Results: We will identify and repair any remaining buildings.on the property that are in need of pointing as we execute our annual Preventive Maintenance program. Boston Regional Operating Center, 639 Granite Street, Suite 312, Braintree, MA 02184 Telephone (781) 849-1471 Facsimile (781) 849-7652 Recommended Action: Foundation waterproofing and French drain cleaning Status: French Drains at Buildings 41,46, 48 and 47 have been cleaned and repaired. Foundation waterproofing is underway on affected buildings and will be coordinated through the proper agencies. Findings/Results: Our contractor has met with Pam Merrill from the Conservation Department and is awaiting permission to perform this work around buildings 40 and 43. Recommended Action: Concrete slab crack repair Status: Each apartment that has been identified has had this repair work completed. Findings/Results: The repair to the slab cracks is an epoxy product that seals the crack and bonds the slab together making that joint stronger than any other portion of the slab. This repair does not allow hydrostatic pressure to force water in to the apartment unit In addition OP Property Management, LLC provides each resident with information pertaining to lifestyle habits that they should follow to mitigate any moisture or ventilation problems within their apartment home. This is an ongoing process for the management at Royal Crest Estates. We are exploring other options that may reduce moisture within the apartments including a positive air exchange system. However no final decisions have been made. Issues that we are aware of internal to the buildings that we are in the process of addressing are related in part to the lifestyle of our residents. We have also approved the replacement of all windows and sliders at the community. This upgrade, when completed, will eliminate the current sweating and wicking of moisture through the aluminum window frames and have a very positive impact on the resident's lifestyle. To recap our plan, OP Property Management, LLC is committed to the above listed repairs on an as needed basis for each building as identified by our the contractor and engineer; OP Property Management, LLC is committed to making the necessary repairs to ensure that our residents are provided with a quality living environment. We will continue to work toward a solution to ensure that we achieve this goal and will collaborate with all appropriate parties including the Town of North Andover to ensure that we achieve this goal As we move forward we will prepare a schedule of work and seek the necessary approvals from the Town agencies to ensure that we proceed within the guidelines of the town. I would anticipate that we will receive local cooperation as we move forward so that we can complete the work necessary to remedy these issues. If there are any other specific issues relating to apartment homes at Royal Crest Estates that we are unaware of please bring them to our attention and we will review and remedy as needed. Thank you for you assistance and support in resolving the issues at Royal Crest Estates North Andover and we look forward to a mutually respectful relationship as we move forward. Plea ntact if you have any questions or concerns. Re John Murray OP Property Management, LC Director of Construction 508-243-8292 Boston Regional Operating Center, 639 Granite Street, Suite 312, Braintree, MA 02184 Telephone (781) 849-1471 Facsimile (781) 849-7652 From: Merrill, Pamela Sent: Friday, August 10, 2007 12:41 PM To: Sawyer, Susan; Grant, Michele Subject: Royal Crest I spoke to Bob Duff this morning. He said that the wetland scientist identified wetlands that are jurisdictional under our bylaw,meaning they are isolated wetlands not protected under the MA Wetlands Protection Act.What's interesting is that he only reviewed areas around bld He said that his client is pushing him to permit bldgs 40, 42 &43. I asked why the entire or at least a larger portion of the property being permitted. He said that's how his client wants to proceed. I told him there are more cost effective ways to go about this;either file an ANRAD with the NACC-which confirms all wetland resources on the property or portions of. That way they would know what units are jurisdictional.Then file the appropriate application with the NACC.The other option would be to file an Notice of Intent for multiple bldgs,not just 2 or 3 at a time....especially since AIMCO is supposedly moving quickly with assessing all units for chronic wetness. Bob said that he would re-iterate what I suggested...not sure if he's talking with John Murrary or someone else. I will keep you posted if I hear anything Pamela Merrill Conservation Associate North Andover Conservation Department 1600 Osgood Street Building 20, Suite 2-36 North Andover,MA 01845 Office: 978.688.9530 Fax: 978.688.9542 Page 1 of 1 From: Sawyer, Susan Sent: Tuesday,August 14,2007 8:39 AM To: DelleChiaie,Pamela Cc: Grant,Michele Subject: FW: Royal Crest Estates North Andover Pam, can you take a look at these companies and see what you can find on their websites?Just print out a few basics and give us your opinion. We should get back to Lynn by the end of today. I suspect they are all legitimate, but we should be sure. If we say ok, Michele please write a quick email to Lynn verifying that. Thanks S -----Original Message----- From: Bora, Lynn (Boston) [mai Ito:Lynn.Bora@aimco.com] Sent: Monday,August 13, 2007 5:15 PM To: Grant, Michele; Sawyer, Susan Cc: Murray,John (Constr Srvcs- Boston); Shwayder, Patti (Denver) Subject: Royal Crest Estates North Andover Michele and Sue,. Thank you very much for your time last week. I believe we have a better understanding of what you are expecting of us in our joint effort to resolve the wetness problems at Royal Crest Estates. We have contacted the following companies and I've provided you with their comments and current status. McNamara Waterproofing Contact: Joe McNamara 508-756-2098 Sourced through the phonebook. Their ad indicates that they are proficient at assessing and repairing water problems. 1-800-BUSYDOG Waterproofing Company We placed a call on Friday and was informed that they had left for the weekend. We are awaiting a return call to determine whether they are interested in our project. A-1 Crack Repair Info@alfoundationcrackrepair.com Contact: Rich Comeras 978-771-8827 Sourced through the phonebook - specializing in water/basement/moisture repairs. McNamara and A-1 are interested in preparing a proposal for us on their plan for assessment. We have made them aware that there is urgency in getting this work scoped and begun asap and I would expect that we would have proposals for approval within 7 days. Please provide me with your approval to proceed with the above listed contractors. Again, thank you for your time and I look forward to resolving this matter amicably. Lynn Bora Regional Vice President AIMCO 781-849-1471 x 301 lynn.bora@aimco.com file://C:\Documents and Settings\mgrant\My Documents\Royal Crest\Ltr from Lynn Bora.... 5/24/2011 09/12/2007 13:41 FAX 405 840 2608 PZR 0 001 rt w The Planning & ZoningResource Corporation '06 100 NE 5 Street • Oklahoma City, Oklahoma 73104 / Phone (800) 344-2944 • Fax(405) 512-5315 RECEIVED SEP 12 2007 Company. Town of North Andover BUILDING DEPT, Attention: Gerald Brown FAX. (978)688-9542 Date: September 11, 2007 Number of Pages:3 (Including Cover Page) Subject: Zoning verification letter and Information request Message: Please see attached the Request for Public Information form filled out. Please let me know if you have any questions or need more information. From the desk of: Jessica Payne Document Specialist jessicep@pzr.com 09/12/2007 19:41 FAX 405 840 2808 PZR IA002 a Y ` The Planning & Zoning Resource Corporation 100 NE V Street• Oklahoma City, Oklahoma 73104 Phone (800) 344-2944 • Fax (405) 512-5315 To; Gerald Brown Date: September 11,2007 Subject: Zoning Verification Letter,Zoning and Building Code Violations,and Certificate of Occupancy Information for; Royal Crest Estates 50 Royal Crest Drive We have been engaged to prepare a due diligence Zoning Analysis and Site Summary report for the above-mentioned site. Please consider this a formal request for a letter outlining the Zoning Designation and a Brief Description of the property, as follows: • What is the current zoning of the property? • Is the property in any special,restrictive or overlay district? • Was this a Planned Unit Development? if so,tail we please Let a copy of the PUD? • To the best of your knowledge,do your records show any unresolved Zoning or Building Violations and/or complaints? In addition,please see the attached form letter regarding Certificate of Occupancy information. It is my understanding that there wiU be a fee of$100 per hour associated with this request,not to exceed$400. Please advise me immediately if this is incorrect. Please be advised that any costs associated with this request must be approved,in writing,prior to their incurrence. Please provide as much information as possible in writing. If there are any questions you are unable to answer,please let us know whom we should contact. Because we are working on a very strict timeline,we further request a faxed copy of the letter prior to its being mailed.Our client has asked that we gather this information as quickly as possible so any help would be greatly appreciated. Respectfully, Jessica Payne, Information Specialist jessicap@p2r.com 09/12/2007 13:41 FAX 405 840 2808 PZR IA003 (Please copy onto your letterhead) rhe Planning &Zoning Resource Corporation Attn:Jessica Payne 100 NE 5"Straet Oklahoma City, OK 73104 Re: Royal Crest Estates 5o Royal Crest Drive Based on our records(choose one]: A valid final certificate of occupancy has been issued and is now outstanding for the Project. For any certificate of occupancies not found,the absence of a certificate of occupancy for the project will not give rise to any enforcement action affecting the Project.(See Attached Copy Issued) Certificate of Occupancies are not required. Final Building Permits have been issued and are now outstanding for the Project. (See Attached Copy Issued) Certificates of Occupancy for projects constructed prior to the year are no longer on file with this office. The Project was constructed in_______.__. The absence of a certificate of occupancy for the Project will not give rise to any enforcement action affecting the Project. A certificate of occupancy for the Project will only be required to the extent of any construction activity(such as restoring, renovating or expanding the Project or any part thereof). We are unable to locate a certificate of occupancy for the Project from our records. We have evidence in our records; however,one was issued and has been subsequently lost or misplaced. The absence of a certificate of occupancy for the Project will not give rise to any enforcement action affecting the Project. A certificate of occupancy for the Project will only be required to the extent of any construction activity, restoring, renovating or expanding the Project or any part thereof. This site is still being constructed. The absence of a certificate of occupancy for the Project will not give rise to any enforcement action affecting the Project A certificate of occupancy for the Project will be issued when all final Inspections have been passed. Please call the undersigned at If you have any comments or questions. Sincerely, Name: Tide: NORTh O� ec rs�q'O O F- Xl 4 �9SSACHU t BUILDING DEPARTMENT Community Development Division Printing Town's website materials: 9-13-07 ca. 5 minutes Examining Royal Crest Drive files and even numbered 300-500 Turnpike Street files: 9-25-07 ca. 45 minutes 50 minutes @ $100.00/hr. =$83.00 for researching Royal Crest. Please write check to: Town of North Andover and send to: Town of North Andover Building Department 1600 Osgood Street Building 20, Suite 2-36 North Andover,MA 01845 1600 Osgood Street,North Andover,Massachusetts 01845 Phone 978.688.9545 Fax 978.688.9542 Web www.townofnorthandover.com I � pORTIy A O t�eo N ti Sa Argo SACHUS BUILDING DEPARTMENT Community Development Division The Planning&Zoning Resource Corporation Attn:Jessica Payne 100 NA 5"Street Oklahoma City,Oklahoma 73104 September 27,2007 Re: Royal Crest Estates 50 Royal Crest Drive 1. The current zoning for Royal Crest Estates,Map 25,Parcels 35&66,is Residential—5(R-5). There are no overlay or restrictive districts that apply to Royal Crest,which is at the intersection of state routes 125& 114. 2. Section 4,Paragraphs 4.124.14&4.124.17(Residential 5's Buildings and Uses Permitted)of the North Andover Zoning Bylaw state: Town houses and Multi-family dwellings are allowed by right. 3. Royal Crest was not developed as a Planned Unit Development. 4, The files show no violations of Building Codes or Zoning Bylaws. However,there is an ongoing Board of Health order letter dated July 11,2007 from the North Andover Public Health Department requiring Royal Crest to address the chronic water infiltration conditions. 5. The project was constructed between 1969 and 1971. There are few,if any,building files that are 40 years old. Current files show some kitchen remodels,plumbing,and electrical permits. 6. The Zoning Bylaw is available through both the Planning and Zoning Board home pages in the Town's web site,www.townofnorthandover.com. 7. Please find attached copies of the relevam Zoning Bylaw,Zoning Tables,Footnotes,Zoning Map, Assessor's Tax map 25,property cards for parcels 35&66,and Board of Health correspondence. Sincerely, Gerald A.Brown, Inspector of Bwldmgs/Zoning Enforcement Officer cc: file 1600 Osgood Street,North Andover,Massachusetts 01845 Phone 978.688.9545 Fax 978.688.9542 Web www.townofnorthandover.com a-- ti� rs C"es Maintenance Ca 17 05 26 2547 A � 24 37 ' :31::) ab �� °� n r + 40 f PuttingO R - � �► - Green 20 21 � _ ®Tennis court 22 - - r Ig - 39 �h y Pool Put C en t Drive F o O Q a` tas 44 Vro f? Tennis 40 O j� .9 Club 31 .�. Cate House �' 42 QU ► 2 Mlle Jogging Course Pond Qi�ES� d VIA, ra s *mb, 1� ZONING NORTHTOWN OF It ' 1972 Last Amended July r 2006 such a lot, and or each additional acre of lot size to five(5) acres, the keeping of one additional animal or bird; but not the keeping of any animals,birds or pets of persons notresident of such lot. c. On any lot of at least five (5) acres the keeping of any number or animals, or birds regardless of ownership and the operation of equestrian riding academies, stables, stud farms, dairy farms, and poultry batteries. d. The sale of products raised as a result of the above uses on the subject land. 9. Swimming pools in excess of two (2) feet deep shall be considered a structure and permitted provided they are enclosed by a suitable wall or fence at least four(4) feet in height to be determined by the Building Inspector to prevent the entrance of persons other than those residing at the pool location. Pools shall have a minimum ten (10) foot setback from side and rear lot lines and be located no nearer the street than the building line of the dwelling, except by Special Permit. 10. Museums. 11. Educational facilities. 12. Municipal building and public service corporation use. (Special Permit Required) 13. Golf Course. 14. Swimming and/or tennis clubs shall be permitted with a Special Permit. 15. Cemetery. 16. One or two-family dwellings, including the right to convert an existing dwelling to accommodate not more than five (5) family units by Special Permit for the Zoning Board of Appeals after a public hearing with due notice given, provided: a. No major exterior structural changes shall be made. The right to convert shall apply to any dwelling under the ownership of one single person,partnership, or corporation to be converted for use as dwellings of not more than five (5) family units, and meeting all requirements of the State and Town Statutes and Bylaws, including Health Codes, Safety Codes, Building Codes, Zoning Laws and Zoning Bylaws. b. Stairways leading to the second or any higher floor shall be enclosed. 17. Municipal recreational areas. 18. Guest or rooming houses. 19. Nursing and convalescent homes—see dimensional requirements of Table 2 (Special Permit required). 20. Any accessory building no larger than sixty-four(64) square feet shall have a minimum five(5) foot setback from side and rear lot lines and shall be located no nearer the street than the building line of the dwelling. 21..Day Care Center by Special Permit. (1985/23) 4.124 Residence 5 District 1. One-family dwelling. 2. Place of worship. 3. Renting rooms for dwelling purposes for furnishing table board to not more than four(4) persons not members of the family resident in a dwelling so used,provided there by no display or advertising on such dwelling or its lot other than a name plate or sign not to exceed six (6) inches by twenty four(24) inches in size, and further provided that no dwelling shall be erected or altered primarily for such use. 4. For the use of a dwelling in any residential district or multi-family district for a home occupation, the following conditions shall apply: a. Not more than a total of three (3) people may be employed in the home occupation, one of whom shall be the owner of the home occupation and residing in said dwelling. b. The use is carried on strictly within the principal building; 31 1 Table 2:Sunlmary Of Demensional Requirements M�E5!2 Eon I 87,120 43,560 25,000 12,500 43,560 43,560(7) 130,680 25,000 25,000 120,000 80,000 90,000 150,000 25,000 43,560 87,120 80,000 80,000 435,600 50,000 35 35 35 35 35 35 35 35 35 35 60 40*(17) 35*** 45 35 35 55 55 55 55 ft tE 175 150 125 100 85(13) 150 150(13) 300 125 125 200 200 300 125 150 250 150 150 150 150 30 30 30 30(8) 25 30 25 30 25 100 50 50** 100 25 10 0) 10(1) 50 50 100(10) 30 (2 (2) 50(3 (3) 2 () 3( () 200(10) 20(2) 15 25 15 20 25 50 25**�17) 50 25 15 15 50 3 50 30 30 20 15 (2) (3) (3 (2) 30 30 30 30 30 30 30 30(2) 30 50 50 25"17) 50 35(2) 20 25 50(3) 50 200 30 RRA 0.7 0.30:1 0.75:1 0.40:1 1.50:1 NA 0.75:1 NA 0.75:1 0.75:1 0.50:1 0.50:1 0.50:1 0.50:1 46 it A A A A A 5:1 0.25:1 M." NA NA NA NA NA 20% 20% 30% 35% 30% 25% 25% 25% 35% 70% 700/. 35% 35% 35%(") 35% NA NA 1/a (12) NU6_FaM(12) 9/aC (12) NA NA re NA NA NA NA NA NA NA NA NA NA NA NA NA Town House N I I25/**(16i30/T- 30% 'No stcties not to exceed 40ft Refer to Sections 8.1(13)and 8.4(6) ***See detailed District Use Regulations Please refer to footnotes for additional udmmfion 1. In all districts except Village Commercial and anv Corridor Development District, front setbacks along Route 114 shall be a minimum of 100'. Front setbacks shall be 100' along 125 in Industrial 1 and 2 Districts; the first 50' of front setbacks under this requirement shall be made to provide an effective visual buffer and no parking shall be permitted. 2. Adjacent to residential district, an additional 15 foot side or rear setback shall be required. The first 15 feet of the total setback abutting the residential district shall remain open and green, be suitably landscaped, un-built upon, unpaved and not parked upon. In the Business 2 District, the side yard requirements may be eliminated when two (2) adjoining property owners agree to share a party wall. 3. Adjacent to residential districts, the required side or rear setback shall be 100 feet. The first 50 feet of such setback abutting the residential district shall remain open and green, be suitably landscaped, un-built upon, unpaved and not parked upon. 4. If an enclosed parking structure is provided, lot coverage may be increased up to the amount of such parking area but not exceed a total coverage of 45%. "--� 5. Minimum lot size for a townhouse complex shall be 43, 560 square feet although individual townhouse lots may be a minimum of 3,000 square feet. Minimum lot size for an apartment complex shall be 60,000 square feet. V_7 6. Dimensional regulations for townhouse complexes shall meet the requirement of the Residence 5 District; individual townhouses within the complex, however, shall be regulated as follows: Minimum Street Frontage 18 Feet Minimum Front Setback 30 Feet Minimum Side Setback None required where a party wall is constructed between units; otherwise a 25 foot side setback shall be provided. Minimum Rear Setback 30 Feet Maximum Floor Area Ratio: 1.20:1 Maximum Lot Contiguous Units: 10 7. The Following additional requirements shall apply when apartments or townhouse complexes are constructed in this district. a. There shall be a paved driveway or paved walk adequate to accommodate emergency vehicles within 50 feet of the outside entrance of each dwelling unit. b. Any road providing access to townhouses or lots intended for townhouses shall conform to the Subdivision Control Regulations of the Planning Board. C. Any road providing access to more than 18 apartment dwelling units or more than 24 parking spaces shall conform to appropriate provisions of the Subdivision Control Regulations as if it were a minor residential street. Before issuing a building permit in such cases, the Building Inspector shall obtain a report from the Planning Board on the extent of such conformity. FN 1 o r, d. Maximum height (apartment building): 40 feet. e. Maximum stories of living quarters (apartment building): 3. f. Maximum units per structure (apartment building): 18. 8. In Residence 4 Districts only, front setback may be the average of all front setbacks of dwelling units within 250 feet on either side of lot. Buildings on corner lots shall have the required front setback from both streets except in the Residence 4 Districts, where setback from the side street shall be a minimum of 20 feet. 9. Nursing and convalescent homes shall have at least 600 square feet of lot area per bed. G Minimum lot size for such homes i.n R1, R2, and R3 shall be 2 acres. 10. Where a public sanitary disposal site is the primary use, the setback area shall be used to provide a screening, natural or artificial, from adjacent residential use of public roadway. 11. Where a public sanitary disposal site is the primary use, an increase up to 100% of the lot coverage shall apply, not including the setback areas. 12. If multi-family structures are selected to attain the maximum density allowed, the proposed project shall be subject to the minimum open space requirements found in Section 8.5 (Planned Residential Development), and to the site plan review requirements of Section 8.3. In the instance where no public sewer service is provided and there is no private sewer system acceptable to the Town, the allowed density in the Village Residential Zone shall be one dwelling unit per acre and said dwelling and associated lot shall conform to all the regulations consistent with development in the R-2 Zone. Further, under no circumstances shall multi-family development be allowed in the Village Residential Zone, regardless of density, without the provisions of public sewer or a town approved and accepted private sewer system. 13 In instances where a lot fronts on Route 114, for purposes of public safety, the required lot frontage shall be 250 feet. This restriction does not apply to the Corridor Development District." 14 The dimensional criteria described in the table below applies only to detached single family development. Multi-family structures developed in this district shall be subject to all criteria applicable to multi-family developments as stated in Section 8.5. However, in no instances shall the bonus density subsections of Section 8.5 apply in the Village Residential District. 15 In accordance with the procedures and regulations set forth in Section 10.3 and 10.31.of this Bylaw, an application for a special permit may be submitted to increase the allowed Floor Area Ratio (Maximum) from 0.25:1 to 0.30:1 provided that at least 5,000 sq. ft. (excluding basements) of the resulting gross floor area be deeded to the Town for public use purposes; that at least 2,500 sq. ft. of said area be located at street level, and that the entire square footage, exclusive of basements, deeded to the Town be supported with parking spaces at the rate of one space per 250 square feet. 16 Open space shall be consistent with the definition of usable open space as contained in Section 8.5, subsection 5f. Usable Open Space no loading areas shall be allowed on the usable open space. FN 2 /U u E• a • Ea s ea F WAS @#.� © f `S"' �Z*-.-1i * :ea �o] • •[ -a .� -e \. �a - e � c o u �1 - i '• •: Fv` n �"t•'x,�„�} •.' ,) z��� '�S z 'tvc � i Y t 4 W.-k ` - } �s�, *"}-r�1�4� wok''",�'��-'�"j� ��•�.�-;`;a:. �l� - � :� 3 H � 1 ' y ddlikk Jll ` ^` Ii l /v -- MW il- R. 0 littp:iicsc-ma.us/Communibesftlandoverimaps/25.pdf X �4- —tfin :G , A..'13006 ar k�wCh�& Au rik, a pa :11ac-ma.usXommunitesM�ndo erip, psP5,P Seve 3'CA. 0 lio I IN %F 66 35 rn 42.119 67 11.23 ........... �PT -�q 41A-, 8 7x .2 of -I@ Ln aid.A i U .�rO 4. m mmu. Start ; If ---------- • • i .. S3'P r' U. R�r yrl' f C .,ja r gv.w a k ` re • • �• Y,l� tea, y` � 3,in a v... • • • • • N'J't d 4 rrfA sws k L 4rfC s F. 1 UT E ¢ t a �� i i {� �` ' � J.� : �,. � yam,:-•- y� �p as "s'�.''". x. as r ia ti+ S 7 1 rr krr,t 1 �f a°��•�'' ��.eE t y, '>"±^ �k,Y� r i4+ Tao s '�a. : � �! 1F_. � .,",qtr E ti Ef .:� ����5{• �.�a� c§ tx y ,�4�yS 1 � � { e»fS1 1 {y� Commercial Property Record Card PARCEL ID:210/025.0-0035-0000.0 MAP:025.0 BLOCK:0035 LOT:0000.0 PARCEL ADDRESS:28 ROYAL CREST DRIVE PARCEL INFORMATION Use Code 712 Sale Pnce 93,456,OOQ -Book 0.7042 RoaB,Type:F T " " Innsp6 t Date 05/04/2006 _. ... ._ _r.. ..,.. _. �... _ .,.. ... ._1 s� ., :. „ Tax Class: T Sale Date 08/28/2002 Page 0122 Rd Condition P Meas Date 05/04/2006 Owner: Tot:Fm Area 341610 Sale Type Cert/ c Traffic M Entrance Do AIMCOValid:­ ' C ,_ CIO DELOITTE PTS-DEPT 208 Tot Land Area 34 Sale Valid R Water Collect Id. RRC r, ., ,r Grantor FLATLEY,THQMAS sr4 � Sewer mmN µtInspeet Reas Address: .. . �.,...�. M _ 6363 N.STATE HIGHWAY 161,SUITE 800 Exempt-B/L% 0/0 Resid-B/L% 100/100 Comm-B/LOM Indust-B/L% 0/0 Open Sp-B/L% 0/0 IRVING TX 75038-2262 COMMERCIAL SECTIONS/GROUPS LAND INFORMATION Section: ID: 101 Use-Code: 112 NBHD CODE: 33 NBHD CLASS: 3 ZONE: R5 „_.,._ .: ,. ,.. .r_ ;, - : Se a Code' iMetliod S F.t; Acres irflu=YIN =.Value a Class :r Gateggry x Grnd FI Area$tory�leight;Bltlg-Glass„Yr Built_ , EffYr BuiltCost Bidg 9�,.TYP = . .._v__....�._ Q.r._ _• .���_w_�___._._. ._,....._ 1 5008 ' 3 C 1970 1981 856,400 1 P 112 S 1481040 34 6,664,680 _ �.- Groups: DETACHED STRUCTURE INFORMATION Id Cd B-FL-A Firs Unt _ 1 112 5008 3 12 Strom Unit�Msr 1 �Msru2E=YR Blt G'rade;Cond,%Good P/F/ElR iCost;,` Class AS S 81600 1985'- A A 5OW50u 88,500 3 Section: ID: 102 Use-Code: 112 GR S 918 1981 A A ///84 26,100 Category ;Grnd-FI=AreaSto Hei tit Bid Class Bwit Eff Yr Built;Cost Bid i Cy S 3600 1981 A A 50///50 42,100 ._. , ..ry g. —9 .s m ,. _.I_.:...._.. ,_, �._.,... ...,_ ,.RI g f G1 S 2296 2000 A A ///96 56,300 1 1 5184 3 C 1970 1981 886,500 TC C 1 1981 A A ///84 27,000 3 Groups: SB S 60 1972 A A ///76 11,100 3 Id Cd B-FL-A Firs Unt 1 112 5184 3 12 VALUATION INFORMATION Current Total: 26,980,800 Bldg: 20,316,100 Land: 6,664,700 MktLnd: 6,664,700 Section ID: 103 Use-Code: 112 Prior Total: 26,779,400 Bldg: 20,114,700 Land: 6,664,700 MktLnd: 6,664,700 Category; --G-1 FI Area StoryYHeightLLBldg Class Yr Built Eff Yr-Bullt,Cost Bldg 1 5184 u 3 C 1970 1981 +Y886,500 Groups: . Id Cd B-FL-A Firs Unt 1 112 5184 3 12 Section: ID: 104 Use-Code: 112 Category Grnd FI;AreaSfory,HeiOVBldgaClass ii !u tl �Eff.-Yr,Builf Cost Bldg 1 5184 3 C 1970 1981 886,500 Groups: Id Cd B-FL-A Firs Unt 1 112 5184 3 12 Section: ID: 105 Use-Code: 112 Category Grnd- "i9 eaStory,Height BIdo-q§ YriBuilC=fff Y.r,.Built:Cost Bldg. 1 5184 3 C 1970 1981 886,500 Groups: Id Cd B-FL-A Firs Unt 1 112 5184 3 12 Section: ID: 106 Use-Code: 112 Category<y Grnd FI_AreaStory H_eight.,Id Glass Xr Built 7Eff Yr,Built Cost Bidg � 1 _ 5184 �_u_-34 C 1970 1981 886,500 Groups: Id Cd B-FL-A Firs Unt 1 112 5184 3 12 Section: ID: 107 Use-Code: 112 Parcel ID:210/025.0-0035-0000.0 as of 9/13/07 Page 1 of 4 Commercial Property Record Card PARCEL ID:210/025.0-0035-0000.0 MAP:025.0 BLOCK:0035 LOT:0000.0 PARCEL ADDRESS:28 ROYAL CREST DRIVE Category Grd.Fl-Area Story HeightBidg'-ClassrYr Built Eff-Yr Built Cost Bldo�; 1 5203 3 C 19691981 889,800 Groups: Id Cd B-FL-A Firs Unt 1 112 5203 3 12 Section ID: 108 Use-Code. 112 Category Grnd FI=Area Story Height Bidg'Class Yr Built Eff;Yr Built Cost Bldg 1 5263 3 C 1969 1981 889,800 Groups: Id Cd B-FL-A Firs Unt 1 112 5203 3 12 Section ID: 109 Use-Code 112 Category Grnd FIAreaStory Height BldgClass,Yr Built �Eff YrZBuilt Cost Bldg 1 5203 3 C 1969 1981 889,800 Groups: Id Cd B-FL-A Firs Unt 1 112 5203 3 12 Section ID: 110 Use-Code: 112 Cafegory Grnd Fl A�eaStory Height*Bldg',Class Y�-BuiltY1'TEff-YrBuilt Cost Bldg 1 5203 3 C- 1969 1981 889,800 Groups: Id Cd B-FL-A Firs Unt 1 112 5203 3 12 Section ID 111 Use Code 112 Category Grnd FI=AheaS,tory Height Bldg-Glass Yr Built Eff Yr Built Cost Bldg 1 ' 5203 3 C 1969 1981889,800 Groups: Id Cd B-FL-A Firs Unt 1 112 5203 3 12 Section ID 112 Use Code 112 Category _Grnd FLAreaStory Height Bldg"Class Y�-Built EffsYr Built Cosf.13 dg_ 1 5203 3 C 1969 1981 889,800 Groups: Id Cd B-FL-A Firs Unt 1 112 5203 3 12 Section ID 113 Use Code 112 Category iGrnd FI Area Story HeightsBldg-Cla'ssYr Built ti Eff Yr=Built Cost Bldg I 5203 3 C w 1969 1981 889,800 Groups: Id Cd B-FL-A Firs Unt 1 112 5203 3 12 Section ID 114 Use Code 112 Category Grnd.FI=Area Story H6ight;Bidg Class YrxBuilt Eff4ir Built Cost Bldg 1 5150 3 C - 1969 - 1981--M 880,700- Groups: Id Cd B-FL-A Firs Unt Parcel ID:210/025.0-0035-0000.0 as of 9/13/07 Page 2 of 4 Commercial Property Record Card PARCEL ID:210/025.0-0035-0000.0 MAP:025.0 BLOCK:0035 LOT:0000.0 PARCEL ADDRESS:28 ROYAL CREST DRIVE 1 112 5150 3 12 Section:. ID: 115 Use-Code: 112 CategoryrGrnd FI AreaStory:Heigtit BIdg.Class Yr Builth Eff=Yr�Built=Cost Bldg}.y 1 5150 3 C 1969 1981 886,700 Groups: Id Cd B-FL-A Firs Unt 1 112 5150 3 12 Section: ID: 116 Use-Code: 112 Category iGrnd FI Area Story Height BIdg-Class.Yr Bu�ltEff=Y��Built CosfBldgs 1 5150 Yu 3 C 1969 1981 -- 880,700 Groups: Id Cd B-FL-A Firs Unt 1 112 5150 3 12 Section: ID: 117 Use-Code: 112 Category; Gond FI AreaStory,Height�B[dg_ClassTYr Buijtw EffYr Built Cost Bldg is 1 5150 3 C 1969 1981 J880,7001 Groups: Id Cd B-FL-A Firs Unt 1 112 5150 3 12 Section: ID: 118 Use-Code: 112 Category; Grnd-Fl=Area Story Height BIdgClass yYr Built Eff Yr Builf Cost Bldg;;; 1 ' 5150 3 C 1969 1981 925,300 Groups: Id Cd B-FL-A Firs Unt 1 112 5150 3 12 Section: ID: 119 _ _Use- Code: 112 Category Grnd FI AreaSfory Height BIdg,Class�Yr Built:; Eff=Yt!BuiltoCost Bidg 1 5150 3 C 1969 1981 925,300- Groups: Id Cd B-FL-A Firs Unt 1 112 5150 3 12 Section: ID. 120 Use-Code: 112 Cate gory3: Grrid Fl A46storyyHeight Bldg Class Yr=Built ; =Eff YryBuilt CoshBId' x 1 5207 3 C 1969 1981 935,600 Groups: Id Cd B-FL-A Firs Unt 1 112 5207 3 12 Section: ID: 121 Use-Code: 112 Category GmdFl Area Story.HeigFit;Bldg_Class;Ytr BuiltEff=Yr Bu�It Cosf Bldgf 1 5207 3 C 1969 T aw 1981 935,600- Groups: Id Cd B-FL-A Firs Unt 1 112 5207 3 12 Section: ID: 122 Use-Code: 112 Category, Grnd FI=AFeaStory:Height,Bldg-Glass`Yr-Built ='Eff,=Yr,Built:Cost`$�dgJ Parcel ID:210/025.0-0035-0000.0 as of 9/13/07 Page 3 of 4 Commercial Property Record Card PARCEL ID:210/025.0-0035-0000.0 MAP:025.0 BLOCK:0035 LOT:0000.0 PARCEL ADDRESS:28 ROYAL CREST DRIVE 1 5207 3 C 1969 1981 935,600 Groups: Id Cd B-FL-A Firs Unt 1 112 5207 3 12 SKETCH PHOTO 96 12 12 3SBK 4.. 5008:S4.FLr ot, u rim . . i 26i2 12 2E i 9F� l Parcel ID:210/025.0-0035-0000.0 as of 9/13/07 Page 4 of 4 Commercial Property Record Card PARCEL ID:210/025.0-0066-0000.0 MAP:025.0 BLOCK:0066 LOT:0000.0 PARCEL ADDRESSA ROYAL CREST DRIVE cy PARCEL INFORMATION Use=Code 113' ;Sale Price 93,456,000 Book 0742` Road Type :: T Inspect Date Tax Class _ T Sale Date 08/28/2002 Page: 0122 Rd Condition: P Meas Date Owner: Tot;Fm Area 447566 Sale Type CerUDoc Traffic M E:.ntranee AIMCO m a..- CO/DELOITTE PTS-DEPT 208 Tot Land Area 42 18 Sale Valid R Water Collect Id Address: _. . Grantor FLATLEY,THOMAS *, Sewer Inspect Reas 6363N.STATE HIGHWAY 161,SUITE 800 Exempt-B/L% 0/0 Resid-B/L% 100/100 Comm-B/LM Indust-B/L% 0/0 Open Sp-B/L% 0/0 IRVING TX 75038-2262 COMMERCIAL SECTIONS/GROUPS LAND INFORMATION Section: ID: 101 Use-Code: 112 NBHD CODE: 33 NBHD CLASS: 3 ZONE: R5 Se T.` a Gpde Method; S Ft` Aees = nflu Y/N Vaiue' lass Categ1.ory ,;Grnd FI Area Story Height Bldg Glass Yr Built Eff Yr Bwlt Gost'Bldg 0. �_z._YP._. ....q _.:. . . ;:_: C 1 5008 3 C 1971 1981 870,500 1 P 112 S 1837361 42.18 8,268,124 Groups: DETACHED STRUCTURE INFORMATION Id Cd B-FL-A Firs Unt 1 112 5008 3 12 Str Unit, Msr1' Mir 2 E YR Blt'Grade Coad%Good PIF/E/R Cost Class AS S 84006 1981 A A 5.ON50 91,100 3 Section: ID: 102 Use-Code: 112 PV S 2855 1981 A A 50///50 48,800 TC C 2 1981 A A ///84 54,100 Category, Grnd FI Area StoryHeight Bldg-Class Yr Built Eff Yr Built Cost;Bid g:::„ G1 S 576 1981 A A 50///50 8,600 1 5008 3 C 1971 1981 870,500 G1 S 2189 2002 A A 50//150 28,000 Groups: OT C 1 1981 A A ///100 5,000 1 11 5008B-FLFirs 12 G1 S 1788 1975 A A 50///50 22,800 3 1 112 5008 3 12 G1 S 2552 1981 A A ///84 54,800 3 Section: ID: 103 Use-Code: 112 G1 S 2236 1981 A A ///84 48,000 3 Category Grnd FI AreaStory,He�ght Bldg Class Yr Built Eff*.Bu_J1It.Cost Bldg{ G1 S 2552 1981 A A ///84 54,800 3 1 6440 3 s C 1911 1981 1,085,500 G1 S 2552 1981 A A ///84 54,800 3 Groups: VALUATION INFORMATION Id Cd B-FL-A Firs Unt Current Total: 33,157,000 Bldg: 24,888,900 Land: 8,268,100 MktLnd: 8,268,100 1 112 6440 3 12 Prior Total: 32,757,000 Bldg: 24,488,900 Land: 8,268,100 MktLnd: 8,268,100 Section: ID: 104 Use-Code: 112 Category Grnd FI-AceaStory Height Bldg-Class Xr-Built Eff-Yr Bunt Cost Bldg, 1 5008 3 C 1971 1981 f 870,500 Groups: Id Cd B-FL-A Firs Unt 1 112 5008 3 12 Section: ID: 105 Use-Code: 112 Category. Grnd FI Area Story Height::Bldg Class Yr-Built Eff Yr Bwlt:Cost Bldg, 1 5608 3 C 1971 1981 870,500 Groups: Id Cd B-FL-A Firs Unt 1 112 5008 3 12 Section: 0: 106 Use-Code: 112 Category Grnd FI Area•Story Height Bldg=.C,lass Yr=Built Eff-Yr Built Cost Bldg r 1 6431 3 C 1971 1981 1,084,000 Groups: Id Cd B-FL-A Firs Unt 1 112 6431 3 12 Section: ID: 107 Use-Code: 112 Parcel ID:210/025.0-0066-0000.0 as of 9/13/07 Page 1 of 5 Commercial Property Record Card PARCEL ID:210/025.0 0066-0000.0 MAP 025.0 BLOCK:0066 LOT:0000.0 PARCEL ADDRESS:1 ROYAL CREST DRIVE C6 11 Category Grnd FI Area Story He'ght Bldg.Class Yr Built Eff.Yr�Built"Cost Bldg 1 5008 3 C 1971µ 1981 870,500 Groups: Id Cd B-FL-A Firs Unt 1 112 5008 3 12 Section: ID: 108 Use-Code: 112 Category Grnd FI Are.Story Height Bldg Glass Yr-Built Eff'Xr Bu�It;Cost Bldg 1 6431 3 C 1971 1981 1,084,000 Groups: Id Cd B-FL-A Firs Unt 1 112 6431 3 12 Section: ID: 109 Use-Code: 112 Category Grnd FI-Area Story Height Bldg-Glass Yr-Built '; Eff-Yr Bwlt;Cost Bidg 1 6340 3 C 1971 1981 1,068,600 Groups: Id Cd B-FL-A Firs Unt 1 112 6340 3 12 Section: ID: 110 Use-Code: 112 Category Grnd FI Area Story Height Bldg Class Yr Built:3 Eff-Yr Built:Cost Bldg '; 1 6340 3 C 1971 1981 1,068,600 Groups: Id Cd B-FL-A Firs Unt 1 112 6340 3 12 Section: ID: 111 Use-Code: 112 Category Grnd FI Area Story Height Bldg Clads Yr Built Eff-Yr Bui1t;.Cost Bldg 1 6340 3 C 1971 1981 1,068,600 Groups: Id Cd B-FL-A Flrs Unt 1 112 6340 3 12 Section: 113: 112 Use-Code: 112 Category Grnd-Fl-Area Story,Height Bldg-Class'Yr BOilt ; Eff=Yr Bu it:O$t Bldg 1 6340 3 C 1971 1981 1,068,600 Groups: Id Cd B-FL-A Firs Unt 1 112 6340 3 12 Section: ID: 113 Use-Code: 112 Category Grnd FI AreaSto_ry Height'Bldg Class Yr Built ; Eff-Yr BWit;Cost Bldg 1 5008 3 C 1971 1981 870,500 Groups: Id Cd B-FL-A Firs Unt 1 112 5008 3 12 Section: ID: 114 Use-Code: 112 Category Grnd FI Area Story Height Bldg Gaass Yr-Built Eff-Yr-Built Cost Bldg 1 5008 3' C 1971 1981 889,900 Groups: Id Cd B-FL-A Firs Unt Parcel ID:210/025.0-0066-0000.0 as of 9/13/07 Page 2 of 5 Commercial Property Record Card PARCEL ID:210/025.0-0066-0000.0 MAP:025.0 BLOCK:0066 LOT:0000.0 PARCEL ADDRESSA ROYAL CREST DRIVE 1 112 5008 3 12 Section: ID: 115 Use-Code: 112 Category Grnd FP.AreaStory Height BIdg;ClaP.;T .91, Eff Yr Bu�It;Coig 1314,;; 1 5008 3 C 1971 1981 889,900 Groups: Id Cd B-FL-A Firs Unt 1 112 5008 3 12 Section: ID: 116 Use-Code: 112 Category Grnd FI AreaSto,`ry J.Height Bldg Class Yr Built Eff7Yr Builf'Cost Bldg 1 5008 3 C 1971 1981 889,900 Groups: Id Cd B-FL-A Firs Unt 1 112 5008 3 12 Section: ID: 117 Use-Code: 112 Category ,Grnd FI Area Story Heigfit Bldg-Class Yr Built Eff Yr Buil#Cost Bldg ;r. 1 5008 3 C 1971 1981 889,900 Groups: Id Cd B-FL-A Firs Unt 1 112 5008 3 12 Section: ID: 118 Use-Code: 112 Category Gmd FI Area Story Height Bldg Class rW Bull t Eff Yr Built;Cost Bidg;_ 1 5008 3 C 1971 1981 664,600 Groups: Id Cd B-FL-A Firs Unt 1 112 5008 3 12 Section: ID: 119 Use-Code: 112 Category Grnd FI Area Story He!ghf Bldg Class Yr Built Eff Yr BuiityCost Bldg 1 5008 3 C 1971 41981 664,600 Groups: Id Cd B-FL-A Firs Unt 1 112 5008 3 12 Section: ID: 120 Use-Code: 112 Category Grnd FIArea Story Height Bldg`Class Yr Bwit Eff Yr Built Cost Bldg , 1 5008 3 C 1971 1981 664,600 Groups: Id Cd B-FL-A Firs Unt 1 112 5008 3 12 Section: ID: 121 Use-Code: 112 Category Grnd FI Area Story Height Bldg Class Yr Bu1lt IE Xr Built-Cost Bldg 1 5008 3 C 1971 1981 664,600 Groups: Id Cd B-FL-A Firs Unt 1 112 5008 3 12 Section: ID: 122 Use-Code: 112 Category ,'Grad FI.Ai Story Height Bldg=Class"Yr 0 IIVK'�EffYrl ilt:Cost BIdg Parcel ID:210/025.0-0066-0000.0 as of 9/13/07 Page 3 of 5 Commercial Property Record Card ff) PARCEL ID:210/025.0-0066-0000.0 MAP:025.0 BLOCK:0066 LOT:0000.0 PARCEL ADDRESSI ROYAL CREST DRIVE 1 5008 3 C 1971 1981 664,600 Groups: Id Cd B-FL-A Firs Unt 1 112 5008 3 12 Section: ID: 123 Use-Code: 112 Category Grnd FI Area Story Height Bldg Class Yr Built ;r Eff=Yr BOUCbst Bldg ;' 1 6431 3 C 1971 1981 789,300 Groups: Id Cd B-FL-A Firs Unt 1 112 6431 3 12 Section: ID: 124 Use-Code: 112 L Category Grnd FI,A`reaSIt Height Bldg-Class Yr Butl#. ME Yr BuIIt Cos#Bldg 1 5008 3 C 1971 1981 870,500 Groups: Id Cd B-FL-A Firs Unt 1 112 5008 3 12 Section: ID: 125 Use-Code: 112 Category Grnd FI Area Story Height Bldg-Class Yr Built Eff Yr Built.;CQst Bldg 1 5008 3 C 1971 1981 870,500 Groups: Id Cd B-FL-A Firs Unt 1 112 5008 3 12 Section: ID: 126 Use-Code: 112 Category Grnd FI-L1reaStory Height Bldg Class Yr Bu�it" Eff-Yr Bullt Cost'Bidg 1 5008 3 C 1971 1981 870,500 Groups: Id Cd B-FL-A Firs Unt 1 112 5008 3 12 Section: ID: 127 Use-Code: 112 Category y Grnd FI;AreaStory Height'Bidg ClassRYr Built Eff Yr Built'Cost Bldg 1 6340 3 C 1971 1961 1,014,500 Groups: Id Cd B-FL-A Firs Unt 1 112 6340 3 12 Section: ID:2801 Use-Code: 112 Category Grnd Fl A:reaSI . Height Bldg=Glass Yr Built" Eff Yr Built.Cost;Bltlg 1 1724 1 D 1970 1981 63,100 Groups: Id Cd B-FL-A Firs Unt 1 112 1724 1 1 Section: ID:2901 Use-Code: 112 Categgry Grnd FI Area Story Height Bldg Class Yr Built Eff'Yr BWWCost:B,ldg 1 3111 1 C 1970 1981 481,300 Groups: Id Cd B-FL-A Firs Unt 1 112 3111 1 1 Parcel ID:210/025.0-0066-0000.0 as of 9/13/07 Page 4 of 5 Commercial Property Record Card PARCEL ID:210/025.0-0066-0000.0 MAP:025.0 BLOCK:0066 LOT:0000.0 PARCEL ADDRESSA ROYAL CREST DRIVE 2 112 3111 1 1 SKETCH PHOTO 12 12` 5008 Sq.FL :No PI u 26 2E _ f 12 12b.1 q.Ft. . Parcel ID:210/025.0-0066-0000.0 as of 9/13/07 Page 5 of 5 F µORTh O a1 9A tecM�tiawntt y1. ��SSACHUS PUBLIC HEALTH DEPARTMENT Community Development Division Date: July 11, 2007 To Owner of Record: Property Location: AIMCO Royal Crest Estates CO/Deloitte PTS-Dept 208 Royal Crest Drive,Bldgs 1-49 6363 N. State Highway 161, Suite800 North Andover, MA 08145 Irving, TX 75038-2262 Cc: OP Management, LLC Attn. John Murray, Dir. of Construction 639 Granite Ave., Suite 312 Braintree, MA 02184 RE: Drainaee Proiect-Royal Crest Estates The North Andover Health Department has become aware of a comprehensive drainage project that is beginning at the Royal Crest Estate Apartments located in North Andover, MA. The success of this project is essential to the remediation of the long-standing chronic wetness problems within the rental buildings at the site. For this reason the Health Department became involved in the project. On Wednesday June 6, 2007 a meeting was held at the Health Office. In attendance was John Murray, Director of Construction for AIMCO, accompanied by the professional engineer, Robert Duff, and the site contractor, Ken Nadolski,hired for this project. Representatives from the Health, Planning and Conservation Departments were also present. Please note that this correspondence only address Sanitary Code issues as identified by the Health Department. The Health Department is very supportive of AIMCO and OP Property Management, LLC in their effort to address the chronic water infiltration problems within the rental apartment buildings. It is understood that the engineer has identified that the long-term water problems relate directly to a poorly maintained 30 year-old drainage system. A comprehensive plan to repair this neglected drainage system, which has affected the rental buildings, was presented at the meeting and assurances were made. The agreement was to voluntarily address the Health Department concerns in an official document and submit it to the Health Department prior to continuing on with the project. The primary concern was that the method that AIMCO used to identify the wet buildings was not comprehensive and did not include many buildings noted by the Health Office complaint files. Re: Royal Crest Estates—Drainage Project July 11, 2007 Your letter of June 22, 2007 was received, as well as the Narrative document sent by Lenard Engineering on your behalf. These documents address some, but not all, (see attached correspondence) of the points that were agreed upon at the meeting of June 6t'. Additional requests for an agreement to voluntarily follow through with tasks verbally agreed upon went unanswered. This correspondence is a follow up to those letters. The attached Order Letter will further itemize the issues not addressed by your letter of intent and will serve as a legal framework so that the Board of Health will be ensured that the proposals are followed through. It will also describe in detail the reasoning and the action that is required by this office in the common goal of identifying all of the affected properties and to permanently remediate the sanitary code violations. The MA Department of Public Health has been copied on this documentation. If you have any questions regarding the State Sanitary Code or the enforcement by the local Board of Health, feel free to contact the Community Sanitation Program at 508 792- 7880. Th ou, Susan Sawyer, REHS/RS Public Health Director Cc: Community Sanitation Program Paul Halfmann,Asst. Director 1600 Osgood Street,North Andover,Massachusetts 01845 Phone 978.688.9540 Fox 978.688.8476 Web www.townofnorthandover.com f NORTH , O SLee , qN 0? bey,' -04 0 a 6•a O Obq coc..�iiw:.Kr y1. ��SSgcHus'��y PUBLIC HEALTH DEPARTMENT Community Development Division NORTH ANDOVER BOARD OF HEALTH ORDER LETTER Issued under the provisions of the State Sanitary Code, Chapter II,Minimum Standards of Fitness for Human Habitation,105 CMR 410.000. Date: July 11,2007 To Owner of Record: Property Location: AIMCO Royal Crest Estates CO/Deloitte PTS-Dept 208 Royal Crest Drive,Bldgs 1-49 6363 N.State Highway 161, Suite800 North Andover,MA 08145 Irving,TX 75038-2262 CC: OP Management,LLC Attn.John Murphy,Dir.Of Construction 639 Granite Ave., Suite 312 Braintree,MA 02184 Re: Royal Crest Drainage Project The North Andover Health Department has found that material conditions documented over the past 17 years have not been corrected and continue to cause conditions of chronic wetness in multiple rental units and common areas within the Royal Crest Estates complex. Inspections and review of site conditions revealed violations of certain regulations of the State Sanitary Code,Chapter II,as listed on the attached Violation Form. You are hereby ORDERED to correct these violations. Failure to comply within the specifications may result in further action by the North Andover Board of Health. You have the right to request a hearing before the Board of Health if you feel this order should be modified or withdrawn. A request for said hearing must be made in writing and received by the Health Department within seven(7)days from the receipt of this order. At said hearing you will be given an opportunity to be heard and to present witnesses and documentary evidence as to why this order should be modified or withdrawn. All affected parties will be informed of the date, time and place of the hearing and of their right to inspect and copy all records concerning the matter to be heard. You may be represented by an attorney. You have the right to inspect and obtain copies of all relevant records concerning the matter to be heard. yu4awye-r�,-REHSIRS Public Health Director iV I Re: Royal Crest Estates—Drainage Project July 11, 2007 Page 2 of 4 ORDER LETTER BACKGROUND The Health Department is the enforcer of the Human Habitation Code. Royal Crest Estates is comprised of 49 rental buildings. Most, if not all of these buildings, have three floors of rental apartments. The first floor is split approximately half below ground level. Among the many types of Housing Code complaints that would be expected of an apartment complex of this size,which range from plumbing issues to broken appliances, there has been a high incidence of mold complaints. Each complaint has been responded to individually and addressed cooperatively with the onsite management and corrective action was taken on a building-by-building basis. However, in 2004, having researched the true extensiveness of chronic wetness problems,Michele Grant and I met with the site manager, Mark Johnson. We presented to him some of the following data. Health Department records show complaints regarding mold and chronic dampness issues for lower level apartments since 1990. Over those 17 years, Health Staff have documented chronic dampness complaints in Building's #3, #4,#11, #12,#15, #20, #25, #36, #38;#39, #45,#46, and #47.Numerous other undocumented complaints were, and continue to be, handled by Health Staff on a regular basis. The manager, in 2004, conveyed to us that the parent company,AIMCO Capital, who purchased the property from Flatley Co., was ready to address the problem by assessing the onsite drainage and proposing permanent solutions for all affected buildings. It was evidently clear that the water problems were well known by management. Their knowledge of the situation and subsequent inaction results in violation of 105 CMR 410.010 and 410.500, having rented any unit that was not, "watertight and free from chronic dampness". Mr. Johnson committed to the correction of the site problems of"10 buildings in a 2 year timeframe"and in turn, each subsequent manager has agreed as well. Mr. Johnson is no longer employed as the manager at Royal Crest. This past winter, Michele Grant set up a Technical Review Committee meeting to discuss the chronic wetness issues. In attendance were three representatives from Royal Crest or AIMCO and staff from Health, Conservation, Building and Fire. The purpose wasto present a united front as to what was expected.during the process. The meeting was successful. The management was to engage an engineer to investigate the drainage problems and propose a plan of action, submit plans for review to be certain they will work, submit plans to Fire regarding locations of propane tanks and flag the wetlands on site. Then once approvals are received,they will be able to begin work on the site. n Health Department staff has spent countless hours working with AIMCO (previously Flatley Co.,) in an effort to provide safe housing conditions, free from chronic dampness,to the residents of Royal Crest. The purpose of this drainage project is to correct a situation that has been a major contributor to sanitary code health violations for over a decade. In fact, it is documented that in 1990 the MA State Department of Public Health was called to this site for mold issue investigation and resulted in expensive air testing. Other solutions, such as regrading next to buildings or installing French drains have resulted with minimal success and appear to be money not well spent. 1600 Osgood Street,North Andover,Massachusetts 01845 Phone 978.688.9540 Fax 978.688.8416 Web www.townofnorthandover.com Re: Royal Crest Estates—Drainage Project July 11 2007 Page 3 of 4 A letter of intent was received on June 29, 2007. This letter was incomplete in addressing the Health Department's concerns, as there was no firm agreement to execute the previously agreed upon actions, there was also no proposed consequences or assurances that each building would be evaluated in a manner acceptable to the Health Office. In an effort to ascertain whether or not the corrections are successful you are hereby ordered the following: VIOLATION The owner had knowledge of chronic wetness in multiple buildings and multiple rental units as described above. 105 CMR 410.500 "Every owner shall maintain the foundation, floors, walls, doors, windows, ceilings, roof, staircases, porches, chimneys, and other structural element of his dwelling so that the dwelling excludes wind, rain and snow, and is rodent-proof, watertight and free from chronic dampness, watertight, in good repair and in every way fit for the use intended." 105 CMR 410.010 "No person... shall let to another for occupancy any dwelling unit... for the purpose of living, sleeping, cooking, which does not comply with the requirements of 105 CMR 410". Corrective Action Required Eliminate conditions that create chronic dampness conditions within the premises. In addition to the proposed plan to correct site drainage problems the owner must: 1) Engage the services of a professional company/organization that specializes in the remediation of wet basement conditions. This company must be approved by the Health Office and must have experience in this area and be unaffiliated with the AIMCO Corporation or Op Management. A meeting must be held with all parties prior to beginning review of the buildings and an action plan will be agreed upon. 2) The contractor shall be provided access to all buildings, as they deem necessary to comply with the above agreed upon plan of action. 3) At minimum,the consultant shall supply in writing, recommendations as to which buildings are currently wet or have conditions that would imply chronic wetness problems. In addition, they will identify any structural elements that have been compromised by the chronic wetness (i.e. identification of compromised sheetrock or rugs) and propose remediation. 4) Those buildings identified will be included in the plan for drainage repair as described in the June 22,2007 letter. 5) A final summation of the work completed, as it relates to their recommendations, will be submitted to all parties. 6) As a result, each building/rental unit shall receive a Certificate of Compliance indicating that the identified source of chronic wetness or affiliated conditions have been appropriately addressed and remediated. AIMCO must engage in the hiring of a contractor whose expertise is in the area of water problem identification and remediation of chronic wetness in habitable structures. 1600 Osgood Street,North Andover,Massachusetts 01845 Phone 978.688.9540 Fax 978.688.8476 Web www.townofnorthandover.com ,�� Re: Royal Crest Estates—Drainage Project July 11, 2007 Page 4 of 4 The contractor must be approved by the Health Department in writing. A signed contract for service must be submitted within fourteen (14) days of receiving this communication. The evaluation of buildings 1-49 by the consultant must be completed within (30) thirty days of hiring. The completion of water remediation of the buildings will occur by December 31,2007. s The property owner has the right to request an extension of not greater than (6) months, but said request will be delivered, in writing, at least(10) ten days prior to the deadline. 1600 Osgood Street,North Andover,Massachusetts 01845 Phone 978.688.9540 Fax 978.688.8476 Web www.townofnorthandover.com D 3 Narrative AIMCO, Apartment Investment Management Company owns Royal Crest Estates, an apartment complex on Rte 114 in North Andover, a property consisting of 50 building units, a roadway system and subsurface infrastructure (water, sewer and drainage). Each building has 12 rental units with 4 garden style apartment units located 3 to 4 feet beneath existing grade. Royal Crest appears to have a high groundwater table throughout the entire property. This site condition combined with the certain building design (no roof gutters, small door overhangs) has caused flooding and moisture related issues in several buildings. AiMCO has engaged the services of Treeline Construction (the contractor) to correct these problems with a three-part solution. The first step, which was completed this spring, involved water jetting of the existing drainage system and vacuum cleaning of all catch basin sumps. It appears that the subsurface drainage system had not been efficiently maintained over a period of several years. This operation has restored the stone system to full hydraulic capacity. The North Andover DPW was notified prior to commencement of this operation. The storm drain system consists of RCP piping, barrel block catch basins and manhole structures that appear to be structurally sound and fully capable of conveying the onsite storm water with the exception of a few problem areas. One section of the drain line along Rte 114 has buckled as a result of the installation. of an underground bower conduit passing directly beneath. This storm drain line is in close proximity to building#42, has a break in it clue to the buckling and has little if no cover over the top of it allowing water and sediment to enter causing a blockage within that line. This disruption of the hydraulic gradient causes the water to surcharge in the line during storm events. National Grid has been notified and the conduit is to be replaced and lowered below the drain line. After the conduit is replaced, the drain line will be replaced with a section of HDPE piping of equal capacity. The second step is to remove and replace the existing foundation drains located around each building that is declared non-functional. This process will remove ground water from around the perimeter of each building. The present foundation drainage system consists of 4"corregated metal pipe. The failure of any perimeter drain system could be caused by crushed pipes, root invasion or existing trench stone clogged with excessive sediment. The contractor would replace the old pipe with 6" SDR 35 perforated pipe wrapped in filter fabric. The new replaced drain would be set one foot beneath the foundation slab parallel with the building footings. All corrected foundation drains would continue to be tied into the existing drainage system and depending on required invert elevations; the drain may need to be rerouted around the buildings. All trench lines will be properly back filled, loam.ed and seeded. The contractor would. also treat the exterior subsurface wall. sections with a rubber membrane sealant. The contractor at the direction of the Building Inspector has taken out building permits to do this work on Building 41, 42 and 43. As built plans will be provided after the, work has been completed. AIMCO has retained the services of a botanist to evaluate any potential wetland resource areas in the proposed work areas. Lenard Engineering, Inc. 1 i I iz1ua31cl - rbuu The third step would be to rehabilitate all/basement apartment that have a reported moisture issue. This work may.require repair to floor slabs and wall portions that come in contact with the floor slab. FIoor slabs will undergo an epoxy crack repair process and both the floors and interior concrete walls would be coated with water sealant paint. All interior walls would be repaired with moisture resistant/ paperless sheet rock. Building Permit will be requested from the Building Department for all proposed work. Lenard Engineering, Inc. 2 3 � OP PropertyManagement, LLC. June 22, 2007 Ms. Sue Sawyer, Director RECEIVE® Town of North Andover Board of Health JUN 2 9 2007 1600 Osgood Street North Andover, MA 01845 TOWN OF NORTH ANDOVER HEALTH DEPARTMENT Dear Ms Sawyer, As a follow up to our meeting of June 8, 2007, this letter will serve to outline OP Property Management, LLC's work/improvements at Royal Crest Estates North Andover relative to the ground water infiltration at specific buildings within the community. Over the past year, OP Property Management, LLC has employed engineers and contractors to study the needs of each building within the community and we have determined that some buildings do not require any repair work while the scope of others varies by building. Several months ago we began work on selected buildings based on these studies and recommendations. The following details what was recommended and what has been accomplished to date: Identified buildings: 39, 40, 41, 42, 46, 47 and 48 These buildings have experienced water infiltration during periods of heavy rain exceeding 2 inches. Recommended action: Clean and jet the entire property storm drain system Status:.Completed Findings/Results: All catch basins cleaned. The jetting revealed that there was a collapse of the main storm drain line behind buildings 42 and 43. This blockage caused the entire 40 loop of buildings to experience an unusually high water table that resulted in the increase of hydrostatic pressures causing the above list of buildings to flood during heavy rains. The line has been temporarily cleared and not experienced any water infiltration in these buildings since. In addition, it was determined that the cause of the collapse was due to an electrical conduit under the jurisdiction of the local electric company. The electric company is scheduled to make the necessary repairs to their line the week of June 18, 2007. During this time OP Property Management, LLC is requesting permission to repair the segment of pipe that has collapsed. We will work in conjunction with the utility company's schedule. Recommended Action: Re-point building facade bricks at entranceway porticos Status: OP Property Management, LLC has completed Buildings 47, 48, 46, 42, 43, 41. Findings/Results: We will identify and repair any remaining buildings on the property that are in need of pointing as we execute our annual Preventive Maintenance program. Boston Regional Operating Center, 639 Granite Street, Suite 312, Braintree, MA 02184 Telephone (781) 849-1471 Facsimile (781) 849-7652 3 Recommended Action: Foundation waterproofing and French drain cleaning Status: French Drains at Buildings 41, 46, 48 and 47 have been cleaned and repaired. Foundation waterproofing is underway on affected buildings and will be coordinated through the proper agencies. Findings/Results: Our contractor has met with Pam Merrill from the Conservation Department and is awaiting permission to perform this work around buildings 40 and 43. Recommended Action: Concrete slab crack repair Status: Each apartment that has been identified has had this repair work completed. Findings/Results: The repair to the slab cracks is an epoxy product that seals the crack and bonds the slab together making that joint'stronger than any other portion of the slab. This repair does not allow hydrostatic pressure to force water in to the apartment unit In addition, OP Property Management, LLC provides each resident with information pertaining to lifestyle habits that they should follow to mitigate any moisture or ventilation problems within their apartment home. This is an ongoing process for the management at Royal Crest Estates. We are exploring other options that may reduce moisture within the apartments including a positive air exchange system. However no final decisions have been made. Issues that we are aware of internal to the buildings that we are in the process of addressing are related in part to the lifestyle of our residents. We have also approved the replacement of all windows and sliders at the community. This upgrade, when completed, will eliminate the current sweating and wicking of moisture through the aluminum window frames and have a very positive impact on the resident's lifestyle. To recap our plan, OP Property Management, LLC is committed to the above listed repairs on an as needed basis for each building as identified by our the contractor and engineer; OP Property Management, LLC is committed to making the necessary repairs to ensure that our residents are provided with a quality living environment. We will continue to work toward a solution to ensure that we achieve this goal and will collaborate with all appropriate parties including the Town of North Andover to ensure that we achieve this goal As we move forward we,will prepare a schedule of work and seek the necessary approvals from the Town agencies to ensure that we proceed within the guidelines of the town. I would anticipate that we will receive local cooperation as we move forward so that we can complete the work necessary to remedy these issues. If there are any other specific issues relating to apartment homes at Royal Crest Estates that we are unaware of please bring them to our attention and we will review and remedy as needed. Thank you for you assistance and support in resolving the issues at Royal Crest Estates North Andover and we look forward to a mutually respectful relationship as we move forward. Plea ntact if you have any questions or concerns. Re John Murray OP Property Management, LC Director of Construction 508-243-8292 Boston Regional Operating Center, 639 Granite Street, Suite 312, Braintree, MA 02184 Telephone (781) 849-1471 Facsimile (781) 849-7652 3 Postal m CERTIFIED MAILT- RECEIPT CO (DomestOnly; M U.S. Postal Service`fNq Lr)o . - OFFICIAL• USE Er surance Coverage " ru (Domestic Mail Only;No In • z- Postage $ M U m Certified Fee �� Ln OFFICIAL F 1 L ■ it E � Postmark ere � '4e� � Return Receipt Fee �/ �` Here fuS .�,/ E3 (Endorsement Required) X./,5— Postage /✓ po // p Restricted Delivery Fee --�- m CertifiFeer j' E' (Endorsement Required) C3Postmark Return Rece ' Here Total Postage&Fees O (Endorsement RepRestrictedDellv __p- (EndorsementReO - -m -SVeet, t No" h -orP08oxNo.� ( / S/ l�I. (/ �--- C3 Total Postage ------ --- ----------- ' ------- City,Slate, Ptd Sent To , // S� PC 1 f.'61; -22E '7�o� zea �y/ �ra����� f ---�-- --------=-------- . Street,Apt.No.; Ste/ �J�a J + :ir ri , or PO Box No. �j�� , iYl .- _vG f - _ ------ ciii,stere, iP+a , $1EENDEN-C 'SECTION COMPLETE THIS SECTION ON DEMVERY.■ Complete items 142;and 3.Also complete A. Signature item 4 if Restricted Delivery is desired. ❑Agent ■ Print your name and address on the reverse X ❑Addresse+ I` so that we can return the card to you. B. R d by(Printed Name) C. Pat.pof Deliven ■ Attach this card to the back of the mailpiece, COMPLETE •N COMPLETE THISSECTION ON DELIVERY or on the front if space permits. D. Is deliveryr"ra em 1? ❑Yes Complete items 1,2,and 3.Also co A Si"n re_,.___ ( 1. Article Addressed to: � '" item 4 if Restricted Delivery is desi d. �n E ❑Agent if;' ES,enter delivery address below: ❑No Print our name and address on th revels$* ❑Addressee so that we can return the card toy u. B. Received by( EJEE Date of.Delivery . � J�,�;�Za JUL 2 5 2007 Attach this card to the back of the ailpiec y ' ��_�7 1. � ��� / � or on the front if space permits. �U L „/�r� � /jJ/ � _ D. Is delivery d different from item 1? Yes ��s�j�c//• T i Article Addressed to: ���� WN F.N RTI4fAY § ftad LDU7 No S /T� D�� 3. S _. aL N JZHEA9,TH •=FARTMENT �0 �� pegiser Mail ❑Express Mail � 13 Registered 13 Return Receipt for Merchandise G/ ❑Insured Mail ❑C.O.D. 02164 1 4. Restricted Delivery?(Extra Fee) ❑Yes i iX ®��(%!'fJ% � ✓v 3. Servi !` 2. Article Number Z L'• Type ransferfromservicelabe 72D5 2390 2023 4265 3883 fieri Mail ❑Express Mail �; (T ❑Registered ❑Return Receipt for Merchandise PS Form 3811,February 2004 Domestic Return Receipt 102595-02-M-15, El Insured Mail ❑C.O.D. ' �� 4. Restricted Delivery?(Extra Fee) ❑Yes Article Number (Transfer from service labeq 0 6 Q E 9 9 2 h E 0 0 0 0 6 E 0 50-OZ---7 Form 3811,February 2004 Domestic Return Receipt 102595-02-M-1540 Complaint Listing Report by Address Printed On:Wed Sep 26,2007 Address Map Block Lot District Complaint No. Status Category Recvd.On Recorded By Last Edited Complaint Inspector Assigned To Complaint 10 ROYAL CREST DRIV CT-2003-000005 Closed Mold May-02-2001 Pamela DelleChiaie Aug-26-2004 Since February,has had mold in the closet-soaking wet. Sprayed closet wall with stuff that kills mold and painted over it. Changed pad treated rug in closet. Continued to smell mold,but seems dryer. Two weeks later(mid-March)her son's closet was soaking wet. She call, and no one ever returned phone calls. Came in at end of March because her closet was wet again,and regrouted bathroom shower and cut a part out the wall in the plaster and h it. Checked son's closet,said it was dry,and did nothing mote. Her son,Jeffrey(11 yrs.Old)has been sick. Has missed 25 days of school with flu,sinus congestions. Sick since Monday,and has been with a cold before that. She has been sick also. There is a smell from the mold spores that smells like cat urine. She has a humidifier in the room,but still not good. 15 ROYAL CREST DRIV CT-2007-000011 Closed Housing/Mold Dec-07-2006 Pamela DelleChiaie Jul-23-2007 Received a call from Pamela Emmett,978.258.4485 who is a tenant at Royal Crest Estates,Building 11,Apartment 4. There is mold on ceiling and window sills. Has noticed it for the last 6-7 months. Please investigate. 12 ROYAL CREST DRIV CT-2005-000036 Closed Asbestos Jan-12-2005 Pamela DelleChiaie Feb-22-2006 Caller,Mr.Scott Kerman,978.255,1470 reports that his parents reside in Building 12,Apartment 8 in the Royal Crest apartments. There is renovation going on above his parents,and the crew is throwing down debris which is hitting their balcony and landing on the ground. Mr.Kerman stated that he thought some of the debris was asbestos. When questioned,Mr.Kerman became very agitated and sta that he saw a truck around the property at one time that had the word asbestos on it,and the Health Dept.Needs to investigate. Mr.Kenn; was not open to any additional questions about the complaint,just wants the Health Dept.To investigate. Please investigate. --p.d. ANDOVER STREET CT-2003-000003 Closed Mold Apr-28-2003 Pamela DelleChiaie Aug-26-2004 Mold Issue-See Comments 16 ROYAL CREST DRIV 0025. 0035 CT-2008-000006 In discovery Odors Jul-31-2007 Pamela DelleChiaie Jul-31-2007 Fire over the weekend-neighbor across from her left something on the stove. There is now an odor throughout the building. Managemen stated they would clean common areas,but will not address smoke odors in individual rental units. Caller thinks this is a housing violatio and wants to make a complaint for investigation. 3 ROYAL CREST DRIVE CT-2005-000043 Closed Air quality Feb-07-2005 Pamela DelleChiaie Jan-16-2007 Lourdes Munoz of Building 3,Apt.6 Royal Crest Drive came to the office with her 7 month old baby girl. She is concerned about the bla residue that she is now wiping off of her windows. Her daughter has been continually ill with upper respiratory viruses and croup,and the Told her it is the air quality environment that is affecting the baby. Previously,Ms.Munoz lived in the same building on the lower level in Apt.2,and had to move out due to daughter's illnesses. The management has since been working on the lower level apartments,and Ms.Munoz wonders if mold or other airborne irritants are coming through the vents causing the residue and continuing illnesses. Ms.Munoz spoke with a Mr.Johnson in the management office. Please investigate and follow-up with Ms.Munoz. GeoTMS®2007 Des Lauriers Municipal Solutions,Inc. Page 1 of 3 Address Map Block Lot District Complaint No. Status Category Recvd.On Recorded By Last Edited Complaint Inspector Assigned To Complaint 3 ROYAL CREST DRIVE CT-2007-000014 Closed Mold Jan-16-2007 Pamela DelleChiaie Jul-23-2007 Lourdes Munoz came to the office to state that there is mold in her apartment(#6)bedroom closet;corners of two bedrooms,and on vertic blinds in bedrooms. Her daughter is also sick again,and has been for last month and a half. She attributes this to air quality/mold. She h spoken several times since September with Kirk,Maintenance Supervisor,and patch jobs are done,and then the mold appears again. 33 ROYAL CREST DRIV CT-2005-000004 Closed Mold Jul-15-2004 Pamela DelleChiaie Jul-26-2004 Mary Woolly of Apt. 11,Bldg.33 Royal Crest Drive of the Royal Crest Apartments(Flatley Estates)called with a complaint about mold damage in the building. There is a strong musty smell permeating the building. There is mold and mildew under the stairway. The mold damage was removed and sprayed,but the smell is still there. Please follow-up with caller at:978.794.9624. The administrative person is Terri of AIMCO,978.681.1822. This company manages the apartments. 38 ROYAL CREST DRIV CT-2005-000024 Closed Mold Oct-06-2004 Pamela DelleChiaie Feb-22-2006 Received a call from Erin McVee:w:617.878.3405 or h:978.681.8384 re:dampness and mold. She is Building 38,Apt. 1. There is som type of white mold on personal items in a closet;brown moled in guest bedroom along the baseboard and walls. In addition,there is black mold down the hall under the stairs. The management checked and re-papered the area,but still a problem. Has spoken with Mark Johnst Manager about the issues,but nothing has really been resolved yet. 15 ROYAL CREST DRIV CT-2007-000007 Closed Housing/Mold Oct-02-2006 Michele Grant Jul-23-2007 See handwritten complaint:Mold issues;kitchen bathroom(2);in one week called seven times;Living there for 10 months;came out and gave a dehumidifier;emptying twice per day;3 shower cutrains due to mold. 6 ROYAL CREST DRIVE CT-2005-000016 Closed Mold Aug-25-2004 Pamela DelleChiaie Feb-22-2006 Caller from Royal Crest Apartments calling because of black mold and leaks in the apartment they rented as of last Friday(basement level Black mold in bathroom on ceiling,in closet where the air conditioning unit is on the ceiling. There is a leak in the this closet in front of; room,and is causing the ceiling in bedroom to bulge. Son is 2 years old. He started coughing,etc.,worries it is from the mold. Also,there is an overall bad odor. CT-2007-000022 Closed Housing-Mold Apr-18-2007 Pamela DelleChiaie Jul-23-2007 Received a call from Michael Ganias,a tenant for three years at 6 Royal Crest Drive,Unit 3,978.835.9863. There is consistently mold in the bedroom and bathroom,in corners and ceiling. The toilet seat is crusty from the moisture. At one point,Servicemaster told him there is a 70%humidity level in the unit. He does not feel that by property management bleaching down the problem that it is enough. Also,he called them 3 weeks ago,and they have not come out. Please come for an inspection.--p.d. Building 25-Apt.4 ROYA CT-2005-000046 Closed Mold Feb-17-2005 Pamela DelleChiaie Feb-22-2006 Received a call from Ms.Sabrina Berlandy,C:781.929.7219 who resides at Building 25,Apt.4 in Royal Crest Apartments. Ms.Berlandy has ongoing mold issues in windows,in shower and bathroom ceiling,lumps in carpet due to wetness. Some windows had plastic put over them;bathroom tub enclosure was recaulked;a dehumidifier was provided,but the mold persists. Ms.Berlandy has asthma,and the mold has made it worse. She is in the process of moving out of this apartment and is going elsewhere. will be moving probably tomorrow. She has a bunch of digital pictures that her sister is going to drop off to go with the complaint file. Sl wants proof of the mold issues,so that when she moves out,the management cannot create a case against her. She has spoken with Mark Johnson at the property management office. GeoTMS®2007 Des Lauriers Municipal Solutions,Inc. Page 2 of 3 Address Map Block Lot District Complaint No. Status Category Recvd.On Recorded By Last Edited Complaint Inspector Assigned To Complaint ADDRESS(ROYAL CREST DRIVE)TOTAL: 13 Complaints GRAND TOTAL: 13 Complaints GeoTMS®2007 Des lauriers Municipal Solutions,Inc. Page 3 of 3 Ali Massachusetts oeparhnent of Environmental Protection Bureau of Resource Protection - Wetlands DEP File Number: PA Form 8B Cert�r�cate sof Compliance 242-1568 i�Ll Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 Provided by DEP A. Project Information Important: When filling out 1. This Certificate of Compliance is issued to: forms on the computer, use AINICO North Andover, LLC only the tab key Name to move your 50 Royal Crest Drive (Building 48) cursor-do not use the return Mailing Address key. North Andover NIA 01845 City/Town State Zip Code 2. This Certificate of Compliance is issued for work regulated by a final Order of Conditions issued to: AIMCO North Andover, LLC Name September 27, 2012 242-1568 Dated DEP File Number 3. The project site is located at: 50 Royal Crest Drive (Building 48) North Andover Street Address City/Town Map 25 Lots 35/66 Assessors Map/Plat Number Parcel/Lot Number the final Order of Condition was recorded at the Registry of Deeds for: Property Owner(if different) Essex Northern 13172 96 County Book Page Certificate 4. A site inspection was made in the presence of the applicant, or the applicant's agent, on: 9/9/2014 Date wpafrm8b.doc•rev.5/29/14 WPA Form 8B,Certificate of Compliance•Page 1 of 3 �I V. LlMassacbusetts Department of Envimonmental Protection Bureau of resource.Protection -Wetlands DEP File Number: WPA Form $B Certificate sof Compliance 242-1568 Massachusetts Wetlands Protection Act M.G.L. c. 131, �0 Provided by DEP B. tertificaflon Check all that apply: Complete Certification: It is hereby certified that the work regulated by the above-referenced Order of Conditions has been satisfactorily completed. ❑ Partial Certification: It is hereby certified that only the following portions of work regulated by the above-referenced Order of Conditions have been satisfactorily completed.The project areas or work subject to this partial certification that have been completed and are released from this Order are: ❑ Invalid Order of Conditions: It is hereby certified that the work regulated by the above-referenced Order of Conditions never commenced. The Order of Conditions has lapsed and is therefore no longer valid.No future work subject to regulation under the Wetlands Protection Act may commence without filing a new Notice of Intent and receiving a new Order of Conditions. Ongoing Conditions: The following conditions of the Order shall continue: (Include any conditions contained in the Final Order, such as maintenance or monitoring that should continue for a longer period). Condition Numbers: 76 C. Authorization Issued by: North Andover e� Conservation Commission Date of Issuance This Certificate must be signed by a majority of the Conservation Commission and a copy sent to the applicant and appropriate DEP Regional Office (See http:1 vvww_mass_gov/eea/agencies/massdep/about/contactsJfind-the-massdep- regional-offkDe toEDur-city-or-town_html). Signatures: O wpafrm8b.doc•rev.5/29/14 WPA Form 813,Certificate of Compliance•Page 2 of 3 Massachusetts Deparhnent,of Envikon mental Pvotecfion Bureau of Resource Protection - Wetlands DEP File Number: PA Form 8B — +Ceifificate of Comi pliance 242-1568 Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 Provided by DEP D. Recording Confirmation I 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. i.�- --------------------------------------------------------------------------------------------------- North Andover Conservation Commission Please be advised that the Certificate of Compliance for the project at: 50 Royal Crest Drive (Building 48) 242-1568 Project Location DEP File'Number Has been recorded at the Registry of Deeds of: Essex Northern County for: AIVICO North Andover, LLC 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: DocumentNumber Signature of Applicant wpafrm8b.doc•rev.5/29/14 WPA Form 813,Certificate of Compliance•Page 3 of 3 I LlMassachusetts Department of Environmental Protection Bureau of Resource Protection - Wetlands DEP File Number: WPA Form 8B — Certificate of Compliance NACC#111 Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 Provided by DEP A. Project Information Important: When filling out 1. This Certificate of Compliance is issued to: forms on the computer, use AIMCO North Andover, LLC only the tab key Name to move your 50 Royal Crest Drive (Building 40) cursor-do not use the return Mailing Address key. North Andover MA 01845 City/Town State Zip Code r� 2. This Certificate of Compliance is issued for work regulated by a final Order of Conditions issued to: AIMCO North Andover, LLC Name July 12, 2013 NACC#111 Dated DEP File Number 3. The project site is located at: 50 Royal Crest Drive(Building 40) North Andover Street Address City/Town Map 25 Lots 35/66 Assessors Map/Plat Number Parcel/Lot Number the final Order of Condition was recorded at the Registry of Deeds for: Property Owner(if different) Essex Northern 13569 218 County Book Page Certificate 4. A site inspection was made in the presence of the applicant, or the applicant's agent, on: 8/27/14 Date wpafrm8b.doc•rev.5/29/14 WPA Form 813,Certificate of Compliance•Page 1 of 3 Massachusetts Department of Environmental Protection Bureau of Resource Protection -Wetlands DEP File Number: WPA Form 8B — Certificate of Compliance NACC#111 Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 Provided by DEP B. Certification Check all that apply: ® Complete Certification: It is hereby certified that the work regulated by the above-referenced Order of Conditions has been satisfactorily completed. ❑ Partial Certification: It is hereby certified that only the following portions of work regulated by the above-referenced Order of Conditions have been satisfactorily completed. The project areas or work subject to this partial certification that have been completed and are released from this Order are: ❑ Invalid Order of Conditions: It is hereby certified that the work regulated by the above-referenced Order of Conditions never commenced. The Order of Conditions has lapsed and is therefore no longer valid. No future work subject to regulation under the Wetlands Protection Act may commence without filing a new Notice of Intent and receiving a new Order of Conditions. ® Ongoing Conditions: The following conditions of the Order shall continue: (Include any conditions contained in the Final Order, such as maintenance or monitoring that should continue for a longer period). Condition Numbers: 75 C. Authorization Issued by: North Andover Ph i Conservation Commission Dae of ssuance This Certificate must be signed by a majority of the Conservation Commission and a copy sent to the applicant and appropriate DEP Regional Office (See http://www.mass.gov/eea/agencies/massdep/about/contacts/find-the-massdep- regional-office-for-your-city-or- n.html . Signatures: .i wpafrm8b.doc•rev.5/29/14 WPA Form 8B,Certificate of Compliance•Page 2 of 3 Massachusetts Department of Environmental Protection ILIBureau of Resource Protection -Wetlands DEP File Number: WPA Form 8B — Certificate of Compliance NACC#111 Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 Provided by DEP D. Recording Confirmation The applicant is responsible for ensuring that this Certificate of Compliance is recorded in the Registry of Deeds or the Land Court for the district in which the land is located. Detach on dotted line and submit to the Conservation Commission. To: --------------------------------------------------------------------------------------------------- North Andover Conservation Commission Please be advised that the Certificate of Compliance for the project at: 50 Royal Crest Drive (Building 40) NACC#111 Project Location DEP File Number Has been recorded at the Registry of Deeds of: Essex Northern County for: AIMCO North Andover, LLC Property Owner and has been noted in the chain of title of the affected property on: Date Book Page If recorded land, the instrument number which identifies this transaction is: If registered land, the document number which identifies this transaction is: Document Number Signature of Applicant wpafrm8b.doc•rev.5/29/14 WPA Form 813,Certificate of Compliance•Page 3 of 3 Massachusetts Department of Environmental Protection Bureau of Resource Protection -Wetlands DEP File Number: pq�.�ra.�;� pGo� WPA Form 8B — Certificate of Compliance NACC#117 Ll Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 Provided by DEP A. Project Information Important: When filling out 1. This Certificate of Compliance is issued to: forms on the computer, use AIMCO North Andover, LLC only the tab key Name to move your 50 Royal Crest Drive cursor-do not use the return Mailing Address key. North Andover MA 01845 City/Town State Zip Code 2. This Certificate of Compliance is issued for work regulated by a final Order of Conditions issued to: AIMCO North Andover, LLC Name September 26, 2013 NACC#117 Dated DEP File Number 3. The project site is located at: 50 Royal Crest Drive (Buildings 1 &2) North Andover Street Address City/Town Map 25 Lots 35/66 Assessors Map/Plat Number Parcel/Lot Number the final Order of Condition was recorded at the Registry of Deeds for: Property Owner(if different) Essex Northern 13662 11 County Book Page Certificate 4. A site inspection was made in the presence of the applicant, or the applicant's agent, on: 8/27/14 Date wpafrm8b.doc•rev.5/29/14 WPA Form 8B,Certificate of Compliance•Page 1 of 3 Massachusetts Department of Environmental Protection Bureau of Resource Protection.-Wetlands DEP File Number: WPA Form 8B — Certificate of Compliance 1'666 NACC#117 Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 Provided by DEP B. Certification Check all that apply: ❑ Complete Certification: It is hereby certified that the work regulated by the above-referenced Order of Conditions has been satisfactorily completed. ® Partial Certification: It is hereby certified that only the following portions of work regulated by the above-referenced Order of Conditions have been satisfactorily completed.The project areas or work subject to this partial certification that have been completed and are released from this Order are: PCOC for 50 Royal Crest Drive (G Train Drainage& Buildings 1 &2),O Z_a Aicio M k, YYlp i Pet-io - Q ct ore F] Invalid Order of Conditions: It is hereby certified that the work regulatefby the +11 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: 76 C. Authorization Issued by: Y North Andoveraduan6e 1 Conservation Commission Da of This Certificate must be signed by a majority of the Conservation Commission and a copy sent to the applicant and appropriate DEP Regional Office (See http://www.mass.gov/eeafa_qenciestmassde p/aboutteontactsffind-the-massdep- regional-office-for-your-ci town.htm . Signatures: ///f� wpafrm8b.doc•rev.5/29/14 WPA Form 8B,Certificate of Compliance•Page 2 of 3 j Massachusetts Department of Environmental Protection Bureau of Resource Protection-Wetlands DEP File Number: WPA Form 8B — Certificate of Compliance NACC#117 Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 Provided by DEP D. Recording Confirmation The applicant is responsible for ensuring that this Certificate of Compliance is recorded in the Registry of Deeds or the Land Court for the district in which the land is located. Detach on dotted line and submit to the Conservation Commission. ------------------------------------------------------------------------------------------- To: North Andover Conservation Commission Please be advised that the Certificate of Compliance for the project at: 50 Royal Crest Drive (G Train Drainage & NACC#117 Buildings 1 & 2) DEP File Number Has been recorded at the Registry of Deeds of: Essex Northern County fo r: AIMCO North Andover, LLC Property Owner and has been noted in the chain of title of the affected property on: Date Book Page If recorded land, the instrument number which identifies this transaction is: If registered land, the document number which identifies this transaction is: Document Number Signature of Applicant wpafrm8b.doc•rev.5/29/14 WPA Form 8B,Certificate of Compliance•Page 3 of 3 Massachusetts Department of Environmental Protection ILIBureau of Resource Protection - Wetlands DEP File Number: WPA Form 8B — Certificate of Compliance 242-1598 Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 Provided by DEP A. Project Information Important: When filling out 1. This Certificate of Compliance is issued to: forms on the computer,use AIMCO North Andover, LLC only the tab key Name to move your 50 Royal Crest Drive (Building 37) cursor-do not use the return Mailing Address key. North Andover MA 01845 City/Town State Zip Code r� 2. This Certificate of Compliance is issued for work regulated by a final Order of Conditions issued to: AIMCO North Andover, LLC Name July 12, 2013 242-1598 Dated DEP File Number 3. The project site is located at: 50 Royal Crest Drive (Building 37) North Andover Street Address City/Town Map 25 Lots 35/66 Assessors Map/Plat Number Parcel/Lot Number the final Order of Condition was recorded at the Registry of Deeds for: Property Owner(if different) Essex Northern 13569 266 County Book Page Certificate 4. A site inspection was made in the presence of the applicant, or the applicant's agent, on: 8/27/14 Date wpafrm8b.doc•rev.5/29/14 WPA Form 8B,Certificate of Compliance•Page 1 of 3 Massachusetts Department of Environmental Protection Bureau of Resource Protection -Wetlands DEP File Number: WPA Form 8B — Certificate of Compliance 242-1598 Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 Provided by DEP B. Certification Check all that apply: ® Complete Certification: It is hereby certified that the work regulated by the above-referenced Order of Conditions has been satisfactorily completed. ❑ Partial Certification: It is hereby certified that only the following portions of work regulated by the above-referenced Order of Conditions have been satisfactorily completed.The project areas or work subject to this partial certification that have been completed and are released from this Order are: ❑ Invalid Order of Conditions: It is hereby certified that the work regulated by the above-referenced Order of Conditions never commenced. The Order of Conditions has lapsed and is therefore no longer valid. No future work subject to regulation under the Wetlands Protection Act may commence without filing a new Notice of Intent and receiving a new Order of Conditions. ® Ongoing Conditions: The following conditions of the Order shall continue: (Include any conditions contained in the Final Order, such as maintenance or monitoring that should continue for a longer period). Condition Numbers: 76 C. Authorization Issued by: North Andover 7 Conservation Commission Date of Issu nce This Certificate must be signed by a majority of the Conservation Commission and a copy sent to the applicant and appropriate DEP Regional Office(See htt ://www.mass. ov/eea/a encie /massde /abouttcontacts/find-the-massde - regional-office-for- our-ci or-to .htm . Signatures: wpafrmSb.doc•rev.5/29/14 WPA Form SB,Certificate of Compliance•Page 2 of 3 Massachusetts Department of Environmental Protection Bureau of Resource Protection -Wetlands DEP File Number: WPA Form 8B — Certificate of Compliance 242-1598 Massachusetts Wetlands Protection ActM.G.L. c. 131, §40 Provided by DEP D. Recording Confirmation The applicant is responsible for ensuring that this Certificate of Compliance is recorded in the Registry of Deeds or the Land Court for the district in which the land is located. Detach on dotted line and submit to the Conservation Commission. --------------------------------------------------------------------------------------------------- To: North Andover Conservation Commission Please be advised that the Certificate of Compliance for the project at: 50 Royal Crest Drive (Building 37) 242-1598 Project Location DEP File Number Has been recorded at the Registry of Deeds of: Essex Northern County for: AIMCO North Andover, LLC Property Owner and has been noted in the chain of title of the affected property on: Date Book Page If recorded land, the instrument number which identifies this transaction is: If registered land, the document number which identifies this transaction is: Document Number Signature of Applicant wpafrm8b.doc•rev.5/29/14 WPA Form 8B,Certificate of Compliance•Page 3 of 3 Massachusetts Department of Environmental Protection ILIBureau of Resource Protection -Wetlands DEP File Number: WPA Form 8B — Certificate of Compliance NACC#112 Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 Provided by DEP A. Project Information Important: When filling out 1. This Certificate of Compliance is issued to: forms on the computer, use AIMCO North Andover, LLC only the tab key Name to move your 50 Royal Crest Drive (Building 49) cursor-do not use the return Mailing Address key. North Andover MA 01845 City/Town State Zip Code r� 2. This Certificate of Compliance is issued for work regulated by a final Order of Conditions issued to: AIMCO North Andover, LLC nma Name July 12, 2013 NACC#112 Dated DEP File Number 3. The project site is located at: 50 Royal Crest Drive (Building 49) North Andover Street Address City/Town Map 25 Lots 35/66 Assessors Map/Plat Number Parcel/Lot Number the final Order of Condition was recorded at the Registry of Deeds for: Property Owner(if different) Essex Northern 13569 242 County Book Page Certificate 4. A site inspection was made in the presence of the applicant, or the applicant's agent, on: 8/27/14 Date wpafrm8b.doc•rev.5/29/14 WPA Form 86,Certificate of Compliance•Page 1 of 3 Massachusetts Department of Environmental Protection Bureau of Resource Protection -Wetlands DEP File Number: WPA Form 8B — Certificate of Compliance NACC#112 Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 Provided by DEP B. Certification Check all that apply: ® Complete Certification: It is hereby certified that the work regulated by the above-referenced Order of Conditions has been satisfactorily completed. ❑ Partial Certification: It is hereby certified that only the following portions of work regulated by the above-referenced Order of Conditions have been satisfactorily completed.The project areas or work subject to this partial certification that have been completed and are released from this Order are: ❑ Invalid Order of Conditions: It is hereby certified that the work regulated by the above-referenced Order of Conditions never commenced. The Order of Conditions has lapsed and is therefore no longer valid. No future work subject to regulation under the Wetlands Protection Act may commence without filing a new Notice of Intent and receiving a new Order of Conditions. ® Ongoing Conditions: The following conditions of the Order shall continue: (Include any conditions contained in the Final Order, such as maintenance or monitoring that should continue for a longer period). Condition Numbers: 75 C. Authorization Issued by: North Andover Conservation Commission Date of Is uance This Certificate must be signed by a majority of the Conservation Commission and a copy sent to the applicant and appropriate DEP Regional Office (See http://www.mass.gov/eea/agencies/massdep/about/contacts/fiind-the-massdep- r ional-office-for- our-oit -or-town.htm . Signatures: �". 4 wpafrm8b.doc•rev.5/29/14 WPA Form 813,Certificate of Compliance•Page 2 of 3 �1 Massachusetts Department of Environmental Protection Bureau of Resource Protection -Wetlands DEP File Number: fi WPA Form 86 — Certificate of Compliance NACC#112 Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 Provided by DEP D. Recording Confirmation The applicant is responsible for ensuring that this Certificate of Compliance is recorded in the Registry of Deeds or the Land Court for the district in which the land is located. Detach on dotted line and submit to the Conservation Commission. To: ----- ---------------------- ----- -------------------------—---------------- North Andover Conservation Commission Please be advised that the Certificate of Compliance for the project at: 50 Royal Crest Drive(Building 49) NACC#112 Project Location DEP File Number Has been recorded at the Registry of Deeds of: Essex Northern County for: AIMCO North Andover, LLC Property Owner and has been noted in the chain of title of the affected property on: Date Book Page If recorded land, the instrument number which identifies this transaction is: If registered land, the document number which identifies this transaction is: Document Number Signature of Applicant wpafrm8b.doc•rev.5/29/14 WPA Form 813,Certificate of Compliance•Page 3 of 3 Massachusetts Department of Environmental Protection ILIBureau of Resource Protection - Wetlands DEP File Number: WPA Form 8B — Certificate of Compliance 242-1599 Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 Provided by DEP A. Project Information Important: When filling out 1. This Certificate of Compliance is issued to: forms on the computer, use AIMCO North Andover, LLC only the tab key Name to move your 50 Royal Crest Drive (Buildings 23 &26) cursor-do not Mailing Address use the return key. North Andover MA 01845 City/Town State Zip Code r� 2. This Certificate of Compliance is issued for work regulated by a final Order of Conditions issued to: AIMCO North Andover, LLC Name July 12, 2013 242-1599 Dated DEP File Number 3. The project site is located at: 50 Royal Crest Drive (Buildings 23 &26) North Andover Street Address City/Town Map 25 Lots 35/66 Assessors Map/Plat Number Parcel/Lot Number the final Order of Condition was recorded at the Registry of Deeds for: Property Owner(if different) Essex Northern 13569 288 County Book Page Certificate 4. A site inspection was made in the presence of the applicant, or the applicant's agent, on: 8/27/14 Date wpafrm8b.doc•rev.5/29/14 WPA Form 813,Certificate of Compliance•Page 1 of 3 r Massachusetts Department of Environmental Protection E Bureau of Resource Protection - Wetlands DEP File Number: LIE WPA Form 8B — Certificate of Compliance 242-1599 ( Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 Provided by DEP B. Certification Check all that apply: ® Complete Certification: It is hereby certified that the work regulated by the above-referenced Order of Conditions has been satisfactorily completed. ❑ Partial Certification: It is hereby certified that only the following portions of work regulated by the above-referenced Order of Conditions have been satisfactorily completed.The project areas or work subject to this partial certification that have been completed and are released from this Order are: ❑ Invalid Order of Conditions: It is hereby certified that the work regulated by the above-referenced Order of Conditions never commenced. The Order of Conditions has lapsed and is therefore no longer valid. No future work subject to regulation under the Wetlands Protection Act may commence without filing a new Notice of Intent and receiving a new Order of Conditions. ® Ongoing Conditions: The following conditions of the Order shall continue: (Include any conditions contained in the Final Order, such as maintenance or monitoring that should continue for a longer period). Condition Numbers: 76 C. Authorization Issued by: North Andover 6V b T l Conservation Commission Date of&uance This Certificate must be signed by a majority of the Conservation Commission and a copy sent to the applicant and appropriate DEP Regional Office (See http://www.mass.-qgv/eea/a encies/ assde /about/contactstfind-the-massde r ional-office-for- ou town. Signatures: wpafrm8b.cloc•rev.5/29/14 VJPA Form 8B,Certificate of Compliance•Page 2 of 3 �I Massachusetts Department of Environmental Protection Bureau of Resource Protection - Wetlands DEP File Number: l WPA Form 8B — Certificate of Compliance 242-1599 l Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 Provided by DEP D. Recording Confirmation The applicant is responsible for ensuring that this Certificate of Compliance is recorded in the Registry of Deeds or the Land Court for the district in which the land is located. Detach on dotted line and submit to the Conservation Commission. To: ------------------------------------------------------------------------------------ North Andover Conservation Commission Please be advised that the Certificate of Compliance for the project at: 50 Royal Crest Drive (Buildings 23 &26) 242-1599 Project Location DEP File Number Has been recorded at the Registry of Deeds of: Essex Northern County fo r: AIMCO North Andover, LLC Property Owner and has been noted in the chain of title of the affected property on: Date Book Page If recorded land, the instrument number which identifies this transaction is: If registered land, the document number which identifies this transaction is: Document Number Signature of Applicant wpafrm8b.doc•rev.5/29/14 WPA Form 8B,Certificate of Compliance•Page 3 of 3 Provided by MassDEP: NACC #123 Ll WPA Form 5 — Order of Conditions MassDEPFile# /UOt24-h /41idote? /Ji rZl4ljds ;�'x6-reci'e-,j 13cJ1"1'WeDEP Transaction# North Andover City/Town A. General Information Please note: North Andover this form has 1. From: been modified Conservation Commission with added 2.This issuance is for spaceto a. ®Order of Conditions b.❑ Amended Order of Conditions accommodate (check one): the Registry of Deeds 3. To: Applicant: Requirements Dan Milinazzo a. First Name b. Last Name Important: When filling AIMCO North Andover, LLC out forms on c.Organization the 50 Royal Crest Drive computer, d.Mailing Address use only the tab key to North Andover MA 01845 move your e.City/Town f.State g.Zip Code cursor-do not use the 4. Property Owner(if different from applicant): return key. res a. First Name b. Last Name c.Organization vsum d.Mailing Address e.City/Town f.State g.Zip Code 5. Project Location: 50 Royal Crest Drive, Building 30 North Andover a.Street Address b.City/Town Map 25 Lots 35, 66 c.Assessors Map/Plat Number d. Parcel/Lot Number Latitude and Longitude, if known: 42d40m10s -71d07m06s d.Latitude e. Longitude wpaforrr5.doc• rev.05/19/2010 Page 1 of 12 } Provided by MassDEP: L 06,46 �3(� L,4w NACC #123 Ll WPA Form 5 — Order of Conditions MassDEPFile# eDEP Transaction# North Andover City/Town B. Findings (cont.) Denied because: 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 25 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 a. linear feet b.linear feet c.linear feet d.linear feet 5. ❑ Bordering Vegetated Wetland a.square feet b.square feet c.square feet d.square feet 5. ❑ Land Under Waterbodies and a.square feet b.square feet c.square feet d.square feet Waterways e.c/y dredged f.cty dredged 7. ❑ 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 s. ❑ 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. ❑ Riverfront Area a.total sq.feet b.total sq.feet Sq ft within 100 ft c.square feet d.square feet e.square feet f.square feet Sq ft between 100- 200 ft g.square feet h.square feet i.square feet j.square feet wpaform5.doc• rev.05/19/2010 Page 3 of 12 Provided by MassDEP: NACC #123 WPA Form 5 - Order of Conditions MassDEP File# eDEP Transaction# North Andover City/Town 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) 10934 47 c.Book d.Page 7. Dates: April 1, 2014 April 23, 2014 April act I 1>014 a. Date Notice of Intent Filed b. Date Public Hearing Closed c. Date of Iss ance a. Final Approved Plans and Other Documents(attach additional plan or document references as needed): Site Plan Foundation Drainage Bldg 30- Royal Crest Estates (Sheets 1-3) a.Plan Title Cornerstone Land Consultants, Inc. John A. Visniewski, P.E. b. Prepared By c.Signed and Stamped by 04/10/14 1"=20' 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. ❑ 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: 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.05/19/2010 Page 2 of 12 I� �' Provided by MassDEP: �c�A L y1� ' J`� pivL y NACC #123 Ll WPA Form 5 — Order of Conditions MassDEPFile# 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. E] Designated Port Areas Indicate size under Land Under the Ocean, below 11. ❑ Land Under the Ocean a.square feet b.square feet c.c/y dredged d.c/y dredged 12. ❑ Barrier Beaches Indicate size under Coastal Beaches and/or Coastal Dunes below ❑ Coastal Beaches cu yd cu yd 13. a.square feet b.square feet c.nourishment d. nourishment ❑ Coastal Dunes cu yd cu yd 14. a.square feet b.square feet c.nourishment d. nourishment 15. ❑ Coastal Banks a. linear feet b. linear feet 16. ❑ Rocky Intertidal Shores a.square feet b.square feet 17. ❑ Salt Marshes a.square feet b.square feet c.square feet d.square feet 18. ❑ Land Under Salt Ponds a.square feet b.square feet c.c/y dredged d.c/y dredged 19. ❑ Land Containing Shellfish a.square feet b.square feet c.square feet d.square feet 20. ❑ Fish Runs Indicate size under Coastal Banks, Inland Bank, Land Under the Ocean, and/or inland Land Under Waterbodies and Waterways, above a.c/y dredged b.c/y dredged 21. ❑ Land Subject to Coastal Storm a.square feet b.square feet Flowage wpaform5.doc• rev.05/19/2010 Page 4 of 12 f� �- Provided by MassDEP: NACC #123 Ll WPA Form 5 — Order of Conditions MassDEPFile# eDEP Transaction# North Andover City/Town B. Findings (cont.) *#22.If the 22 ❑ Restoration/Enhancement*: project is for the purpose of restoring or a.square feet of BVW b.square feet of salt marsh enhancing a wetland resource area 23. ❑ Stream Crossing(s): in addition to the square footage that a.number of new stream crossings b.number of replacement stream crossings has been C. General Conditions Under Massachusetts Wetlands Protection Act entered in Section B.5.c (BVW)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 � y 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 04/23/2017 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.05/19/2010 Page 5 of 12 / Provided by MassDEP: ILI1�f��Gy l 0V1 NACC #123 WPA Form 5 — Order of Conditions 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#123 " 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. I wpaform5.doc• rev.05/19/2010 Page 6 of 12 Provided byMassDEP: �cag� 1y �.�fv1 t-r/�nG� �jNL� NACC#123 MassDEP File# Ll WPA Form 5 — Order of Conditions eDEP Transaction# North Andover City/Town 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.05/19/2010 Page 7 of 12 Provided by MassDEP: CJS!L NACC #123 Ll WPA Form 5 — Order of Conditions MassDEPFile# 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 panty 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 O&M Plan, and the requirements of the Massachusetts Stormwater Handbook. wpaform5.doc• rev.05/19/2010 Page 8 of 12 li Y ®,tiGLS. Provided by MassDEP: NACC #123 Ll WPA Form 5 - Order of Conditions MassDEP File# 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 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. 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.05/19/2010 Page 9 of 12 Provided by L�� �l �G� D�'L� NACC #123MassDEP: Ll WPA Form 5 — Order of Conditions 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 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 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.05/19/2010 Page 10 of 12 Provided by MassDEP: 1 ,52eµ6 NACC #123 LI WPA Form 5 — Order of Conditions MassDEPFile# eDEP Transaction# North Andover City/Town E. Signatures This Order is valid for three years, unless otherwise specified as a special . , a-Q i q condition pursuant to General Conditions#4,from the date of issuance. 1. Date f Issua ce Please indicate the number of members who will sign this fc rm. j This Order must be signed by a majority of the Conservati Commission. 2. Number of Signers The Order must be mailed by certified mail(return receipt re quested)o h d elivered to the applicant.A copy also must be mailed or hand delivered at the same t to e appr n Department of Environmental Protection Regional Office, if not filing elec nic I , a t r perty owner, if different from applicant. Signatures: ❑ by hand delivery on by certified mail, return receipt requested, on V'?X/ Date Date � �0�� 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.05/19/2010 Page 11 of 12 J Provided by MassDEP: L 0 G 4, 4a y NACC#123 Ll WPA Form 5 — Order of Conditions MassDEP File# No.,z.1-A 1411d e eo2 eDEP Transaction# North Andover cl LµGrJ " L�ftyZ2/L ?f- North G. Recording Information 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: 50 Royal Crest Drive(Building 30) NACC#123 Project Location MassDEP File Number Has been recorded at the Registry of Deeds of: Essex Northern County Book Page for: AIMCO North Andover, LLC Property Owner and has been noted in the chain of title of the affected property in: Book Page In accordance with the Order of Conditions issued on: Date If recorded land, the instrument number identifying this transaction is: Instrument Number If registered land, the document number identifying this transaction is: Document Number Signature of Applicant wpaform5.doc• rev.05/19/2010 Page 12 of 12 NACC #123 I 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 local ByLaw and Regulations to protect those interests noted above. The NACC orders that all work shall be performed in accordance with said conditions and with the Notice of Intent referenced below. To the extent that the following conditions modify or differ from the plans, specifications or other proposals submitted with the Notice of Intent, the conditions shall control. GENERAL CONDITIONS 20. The proposed work includes: installation of foundation drainage, installation of two new drain manholes and connection to an existing manhole for Building #30 in the 100-foot Buffer Zone to Isolated Vegetated Wetland. Waterproofing and repairs will also be conducted on the foundation. New precast concrete stairs will be installed. Roof drain connections will be installed and capped with no downspout connections allowed as part of this filing. New landscaping will also be installed. 21. The work shall conform to the following (except as noted in the remainder of this document where revisions may be required): Applicant/Property Owner: Dan Milinazzo AIMCO North Andover, LLC 50 Royal Crest Drive North Andover, Massachusetts 01845 Notice of Intent filed by: Kenneth Lania Cornerstone Land Consultants, Inc. 61 Main Street Pepperell, MA 01463 Dated: March 28, 2014 Site Plans prepared by: Cornerstone Land Consultants, Inc. Titled: Foundation Drainage Site Plan Foundation Drainage Bldg 30 - Royal Crest Estates Date: March 14, 2014 Revised: 04/10/14 Sheets 1 -3 Stamped by:John A. Visniewski, P.E. 22. The term"Applicant" as used in this Order of Conditions shall refer to the owner, any successor in interest or successor in control of the property referenced in the Notice of Intent, supporting documents and this Order of Conditions. The NACC shall be notified in writing within 30 days of all transfers of title of any portion of property that takes place prior to the issuance of a Certificate of Compliance. NACC#123,50 Royal Crest Estates,Building 30 1 NACC 4/29/2014 NACC #123 23. The conditions of this decision shall apply to, and be binding upon, the applicant, owner, its employees and all successors and assigns in interest or control. These obligations shall be expressed in covenants in all deeds to succeeding owners of portions of the property. 24. Failure to comply with all conditions stated herein, and with all related statutes and other regulatory measures, shall be deemed cause to revoke or modify this Order. 25. This Order does not grant any property rights or any exclusive privileges; it does not authorize any injury to private property or invasion of property rights. However, the NACC, agent of the NACC or the Department of Environmental Protection (DEP) reserves the right to enter and inspect the property at all reasonable times until a Certificate of Compliance is issued, to evaluate compliance with this Order of Conditions, the Act (310 CMR 10.00), the North Andover Wetland ByLaw and Regulations, and may require any information, measurements, photographs, observations, and/or materials, or may require the submittal of any data or information deemed necessary by the NACC for that evaluation. Further, work shall be halted on the site if the NACC, agent or DEP determines that any of the work is not in compliance with this Order of Conditions. Work shall not resume until the NACC is satisfied that the work will comply and has so notified the applicant in writing. 26. This Order does not relieve the permittee or any other person of the necessity of complying with all other applicable federal, state or local statutes, ordinances,by-laws or regulations. 27. The work authorized hereunder shall be completed within three 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 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. This Order of Conditions is issued in addition to an OOC issued by the Town of North Andover under NACC #111, 112, &117 and DEP File Nos. 242-1568, 1598 &1599. These projects are ongoing or nearing completion. NACC#123,50 Royal Crest Estates,Building 30 2 NACC 4/29/2014 NACC #123 32. 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). 33. The following wetland resource area is affected by the proposed work: Buffer Zone to Isolated Vegetated Wetland (IVW). This resource area is significant to the interests of the 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. 34. The NACC agrees with the applicant's delineation of the wetland resource areas on the site as shown on the plans dated referenced herein. An Order of Resource Area Delineation (ORAD) has also been issued for this site under DEP File #242-1567. 35. The NACC finds that the intensive use of the upland areas and buffer zone proposed on this site will cause further alteration of the wetland resource areas. In order to prevent any alteration of wetland resource areas a twenty five foot (25) No- Disturbance Zone and a fifty foot 50') No-Construction Zone shall be established from the edge of the adjacent wetland resource area except as shown as shown on the record plans referenced herein. The Conservation Administrator and/or other agents of the NACC do not have the authority to waive these setbacks as established under the local bylaw. No disturbance of existing grade, soils or vegetation is permitted in the No-Disturbance zone. (See Section 3.4 &Appendix F of the local Regulations). 36. 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. 37. 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. "PRIORO CONSTRUCTION NACC#123,50 Royal Crest Estates,Building 30 3 NACC 4/29/2014 NACC #123 38. No work shall be undertaken until all administrative appeal periods from this Order have elapsed or, if such an appeal has been filed, until all proceedings before the Department or Court have been completed. 39. This Order shall be recorded by the applicant at the Registry of Deeds immediately after the expiration of all appeal periods. No work shall be undertaken until the Final Order has been recorded in the Registry of Deeds or the Land Court for the district in which the land is located, within the chain of title of the affected property. In the case of recorded land, the Final Order shall also be noted in the Registry's Grantor Index under the name of the owner of the land upon which the proposed work is to be done. In the case of registered land, the Final Order shall also be noted on the Land Court Certificate of Title of the owner of the land upon which the proposed work is to be done. The recording information shall be submitted to the North Andover Conservation Commission on the form at the end of this Order prior to commencement of the work. Any Order not recorded by the applicant before work commences may be recorded by the NACC at the applicant's expense. 40. A sign shall be displayed at the work area not less than two square feet or more than three square feet in size bearing the words "NACC #123." 41. Any changes in the submitted plans caused by the applicant, another Board's decision or resulting from this Order of Conditions must be submitted to the NACC for approval prior to implementation. If the NACC finds said changes to be significant, the NACC will call for another public hearing (at the expense of the applicant). Within 21 days of the close of said public hearing the NACC will issue an amended or new Order of Conditions. Any errors found in the plans or information submitted by the applicant shall be considered as changes. 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 and dated sequence of construction, including the installation of sedimentation/erosion control devices, installation of foundation drains, landscaping and final stabilization. 44. Wetland flagging shall be checked prior to start of construction and shall be re- established where missing. All wetland flagging shall remain visible and enumerated per the approved plan(s) throughout the life of the project and until a Certificate of Compliance is issued so that erosion control measures can be properly placed and wetland impacts can be monitored. The proposed limit of work shall be shall be clearly marked with erosion controls or temporary fencing and shall be confirmed by NACC#123,50 Royal Crest Estates,Building 30 4 NACC 4/29/2014 NACC #123 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 trenched siltation fence and staked haybales or other erosion control to be approved by the Conservation Department shall be placed between all construction areas and wetlands. The erosion control barrier will be properly installed and placed as depicted on the herein referenced plans. The erosion control 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. The applicant shall have on hand at the start of any soil disturbance, removal or stockpiling ten (10) hay bales and sufficient stakes for staking these bales (or an equivalent amount of silt fence, 1 hay bale to equal 3 feet of fence or filter sock). Said bales shall be used only for the control of emergency erosion problems and shall not be used for the normal control of erosion. 47. A check payable to the Town of North Andover shall be provided in the amount of $1,000 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. 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" 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 NACC#123,50 Royal Crest Estates,Building 30 5 NACC 4/29/2014 NACC #123 Department on letterhead by the retained consulting firm. This person shall be given the authority to stop construction for erosion control purposes. The Environmental Professional will immediately notify the Conservation agent of any matter that requires attention by the Commission or the agent. The erosion control monitor will be required to inspect all such devices and oversee cleaning and the proper disposal of waste products. Cleaning shall include removal of any entrapped silt. 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 with photos from the "Erosion Control Monitor' to the NACC certifying that, to the best of his/her knowledge and belief based on a careful site inspection, all work is being performed in compliance with this Order of Conditions and that approved setbacks are being adhered to. The erosion control monitor must visually inspect all sedimentation/erosion control measures and assume responsibility for their maintenance on a weekly basis and that they are functioning as intended. In addition, all wetland resource areas must be visually inspected for siltation, turbidity, and/or other water quality impacts. The Erosion Control Monitor shall be on site during and/or following a major storm event of 1/2" inch of rain or greater (24 hour event) to ensure that soils remain stable, and erosion controls are adequate and secure 50. The applicant and/or the legal owner of that portion of land upon which these Orders of Conditions have been placed shall provide to the NACC prior to transferring, or assigning any portion of said land to another party, subject to said Orders of Conditions, the "Compliance Certification Form Affidavit" attached via "Appendix A" signed under the pains and penalties of perjury, stating that said applicant and/or owner has read these Orders of Conditions and is in compliance with each and every condition. This document shall apply to each of the conditions referenced herein and shall be provided to the Conservation Department at least five (5) business days prior to the closing of said land transaction. 51. Once these above mentioned pre-construction requirements are complete, the applicant shall contact the Conservation Office prior to site preparation or construction and shall arrange an on-site conference with an NACC representative, the contractor, the engineer,wetland scientist 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). NACC#123,50 Royal Crest Estates,Building 30 6 NACC 4/29/2014 NACC #123 STORMWATER MANAGEMENT CONDITIONS 52. All construction and post-construction stormwater management shall be conducted in accordance with supporting documents submitted with the Notice of Intent, the Department of Environmental Protection Stormwater Management Policy and as approved by the NACC in this Order of Conditions. 53. 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. 54. Water quality in down gradient BVW's shall not differ significantly following completion of the project from the pre-development conditions. There shall be no sedimentation into wetlands or water bodies from discharge pipes or surface runoff leaving the site. 55. All stormwater best management practices shall be continually maintained as specified in the Operation and Maintenance Plan (submitted as part of DEP File #242- 1550) and incorporated in the Order of Conditions. 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. Maintenance of the stormwater management system shall be conducted on an annual basis by a Registered Professional Civil Engineer. Maintenance bills submitted by cleaning contractors (catch basins, stormcepters, etc.) shall be maintained with annual engineering reports. A log/proof of annual maintenance activities as required by the Operation& Maintenance Plan shall be maintained for not less than the prior 5 year period. The NACC reserves the right to request documentation of maintenance activities for purposes of verification of this Order. 56. The applicants, owners, and their successors and assignees, shall maintain all culverts, collections basins, traps, outlet structures, subsurface storage areas, and other elements of the drainage system, in order to avoid blockages and siltation which might cause failure of the system and/or detrimental impacts to on-site or off-site resource areas, and shall maintain the integrity of vegetative cover on the site. DURING CONSTRUCTION 57. Upon beginning work, the applicant shall submit written weekly progress reports detailing what work has been done in or near resource areas, and what work is anticipated to be done over the next period. This will update the construction i i NACC#123,50 Royal Crest Estates,Building 30 7 NACC 4/29/2014 NACC #123 sequence. Reports shall be submitted in as part of the weekly environmental monitoring report(see Condition#49). 58. Dewatering activities are not proposed as part of the filing. No discharge of water is allowed directly into an area subject to jurisdiction of the Wetlands Protection Act and/or the North Andover Wetland Bylaw. If emergency de-watering requirements arise, the applicant shall submit a contingency plan to the Commission for approval, which provides for the pumped water to be contained in a settling basin, to reduce turbidity prior to discharge into a resource area. 59. Silt sacks will be placed in all catch basins within 100 feet of the work. Silt sacks will remain in place and be maintained until final stabilization. 60. Associated pavement and roadways shall be swept at least weekly or as directed by the Erosion Control monitor, the Site Supervisor, Project Manager, or Conservation staff for as long as the site remains exposed and un-stabilized. 61. 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. 62. 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. 63. 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. 64. There shall be no stockpiling of soil or other materials within fifty (50) feet of any resource area. 65. Washings from concrete trucks, or surplus concrete, shall not be directed to, any drainage system, or wetland resource area. If truck washing is to be done on site an area shall be designated and approved by the Conservation Department. 66. 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 NACC#123,50 Royal Crest Estates,Building 30 8 NACC 4/29/2014 NACC #123 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. 67. Accepted engineering and construction standards and procedures shall be followed in the completion of the project. 68. 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 69. 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. 70. Fertilizers utilized for landscaping and lawn care shall be slow release, low-nitrogen and low-phosphorous 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. 71. 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 72. 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. 73. 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. 74. 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. NACC#123,50 Royal Crest Estates,Building 30 9 NACC 4/29/2014 NACC #123 c. The name and address of the current landowner. d. Signed statements from the individual property owners shall be submitted with the request for a Certificate of Compliance indicating that they read and understood the recorded Order of Conditions prior to purchasing their property. e. The name and address of the individual/trust or corporation to whom the compliance is to be granted. f. The street address and assessor's map/parcel number for the project. g. The DEP file number. h. A written statement from a Registered Professional Civil Engineer (and/or Registered Professional Land Surveyor) of the Commonwealth certifying that the work has been conducted as shown on the plan(s) and documents referenced above, and as conditioned by the Commission. i. An"As-Built" plan prepared and signed and stamped by a Registered Professional Civil Engineer (P.E.) (and/or Registered Professional Land Surveyor) of the Commonwealth, for the public record. This plan will include: ➢ "As-Built" post-development elevations of all drainage & stormwater management structures constructed within 100 feet of any wetland resource area. NOTE: If portions of the stormwater systems exist partially within the Buffer Zone then the entire structure must be depicted to accurately verify compliance. ➢ "As-Built" post-development elevations and grades of all filled or altered wetland resource areas including the encompassing buffer zone which is regulated as a resource area under the local Wetland Protection Bylaw. ➢ Distances from structures to wetland resource areas. Structures include (but are not limited to) septic systems, additions,fences, sheds, stone walls, p � g pools, retaining walls subsurface utilities and decks. ➢ A line showing the limit of work and the extent of existing erosion control devices. "Work" includes anv disturbance of soils or vegetation. ➢ Location of all subsurface utilities entering the property. 74. 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 NACC # 123. Future work within 100' of existing wetland resource areas will require a separate filing with the NACC (refer to Section 3.4 of the Regulations for performance standards within these zones) The Conservation Administrator and/or other agents of the NACC do not NACC#123,50 Royal Crest Estates,Building 30 10 NACC 4/29/2014 d NACC #123 have the authority to waive these setbacks as established under the local Bylaw; ➢ Stormwater Management System Operations and Maintenance (Condition #55) ➢ Discharge or spillage of pollutants (Condition #68); ➢ Prohibition of underground fuels (Condition#69); ➢ Limitations on the use of fertilizers, herbicides, and pesticides (Conditions #70) ➢ Prohibition of dumping of leaves, grass clippings, brush, or other debris (Condition #71). NACC#123,50 Royal Crest Estates,Building 30 11 NACC 4/29/2014 NACC #123 APPENDIX A-AFFIDAVIT I, on oath do hereby depose and state: (authorized agent applicant and/or current owner) (PLEASE CHECK AT LEAST ONE BLOCK) 1. I am the of (position with applicant) (applicant name or company name) the applicant upon whom Order of Conditions have been placed upon by (DEP or NACC number) the North Andover Conservation Commission. &/or 2. 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) NACC#123,50 Royal Crest Estates,Building 30 12 NACC 4/29/2014 Royal Crest Drive Filings 242-1550,50 Royal Crest Drive (OOC date 6/7/2012) (COC dated 7/29/2013 recorded COC dated 10/8/2013)(Bond Release done 7/25/2013) 242-1598,50 Royal Crest Drive (Building 37)(OOC dated 7/12/2013)(OOC Recorder on 7/26/2013) (No COC yet)(Bond posted 9/18/2013) 242-1599,50 Royal Crest Drive (Building 23&26)(OOC dated 7/12/2013 Recorded dated 7/26/2013) (No COC yet)(Bond posted 9/18/2013) 242-1567,50 Royal Crest Drive (ANRAD dated 8/31/2012)(ORAD dated 10/2/2012 ORAD recorded dated 10/12/2012) 242-1568,50 Royal Crest Drive(Building 48) (OOC dated 9/27/2012)(No Work has started on this project yet) (OOC not recorded bond not posted as of 4/22/2014) NACC#94 50 Royal Crest Drive (Buildings 20 21 22 25 OOC dated 6/8/2012)(COC dated 7/29/2013 COC recorded dated 10/8/2013 these filings were associated with 242-1550 bond released done 7/25/2013) NACC#95,50 Royal Crest Drive (Buildings 8,29,31)(OOC dated 6/8/2012)(COC dated 7/29/2013 COC recorded 10/8/2013 these filings associated with 242-1550 bond release done 7/25/2013) NACC#111,50 Royal Crest Drive (Building 40)(OOC dated 7/11/2013) (OOC recorded dated 7/26/2013) (Posted Bond dated 9/8/2013) (No COC yet as of 4/22/2014) NACC#112,50 Royal Crest Drive(Building 49)(OOC dated 7/11/2013) (OOC recorded dated 7/26/2013)(Posted Bond dated 9/8/2013) (No COC as of 4/22/2014) NACC#117,50 Royal Crest Drive (Drain Train G Royal Crest Estates)(OOC dated 9/26/2013)(Recorded OOC dated 9/26/2013)(Modification dated 10/30/2013)(Posted Bond dated 12/3/2013)(No COC as of 4/22/2014) NACC#123, 50 Royal Crest Drive (Building 30)(OOC dated 4/25/2014) 242-1618,50 Royal Crest Drive (Building 47)(OOC dated 4/25/2014) + E Massachusetts Department of Environmental Protection Provided by MassDEP: Bureau of Resource Protection- Wetlands MassDEP File#:242-1618 WPA Form 5 -Order of Conditions eDEP Transaction#:644307 Massachusetts Wetlands Protection Act M.G.L.c. 131,§40 City/Town:NORTH ANDOVER A. General Information 1.Conservation Commission NORTH ANDOVER 2.Issuance a. r OOC b.r Amended OOC 3.Applicant Details a.First Name DAN b.Last Name MILINAZZO c.Organization AIMCO NORTH ANDOVER,LLC d.Mailing Address 50 ROYAL CREST DRIVE e.City/Town NORTH ANDOVER f.State MA g.Zip Code 01845 4.Property Owner a.First Name DAN b.Last Name MILINAZZO c.Organization AIMCO NORTH ANDOVER,LLC d.Mailing Address 50 ROYAL CREST DRIVE e.City/Town NORTH ANDOVER f.State MA g.Zip Code 01845 5.Project Location a.Street Address 50 ROYAL CREST DRIVE b.City/Town NORTH ANDOVER c.Zip Code 01845 d.Assessors Map/Plat# 25 e.Parcel/Lot# 35&66 f.Latitude 42.66868N g.Longitude 71.1164W 6.Property recorded at the Registry of Deed for: a.County b.Certificate c.Book d.Page NORTHERN ESSEX 10934 47 7.Dates a.Date NOI Filed: 3/31/2014 b.Date Public Hearing Closed: 4/23/2014 c.Date Of Issuance: 4/29/2014 8.Final Approved Plans and Other Documents a.Plan Title: b.Plan Prepared by: c.Plan Signed/Stamped by: d.Revised Final Date: e.Scale: FOUNDATION CORNERSTONE DRAINAGE BLDG LAND JOHN A.VISNIEWSKI,P.E. 04/10/14 1"=20' 47(SHEETS 1-3) CONSULTANTS,INC. B. Findings 1.Findings pursuant to the Massachusetts Wetlands Protection Act Page 1 of 10 *ELECTRONIC COPY a � Massachusetts Department of Environmental Protection Provided by MassDEP: Bureau of Resource Protection-Wetlands MassDEP File#:242-1618 WFA Form 5 -Order of Conditions eDEP Transaction 4:644307 Massachusetts Wetlands Protection Act M.G.L.c. 131, §40 City/Town:NORTHANDOVER 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. F Public Water Supply b. F Land Containing Shellfish c.F Prevention of Pollution d. F Private Water Supply e. F Fisheries f. F Protection of Wildlife Habitat g. F Ground Water Supply h. F Storm Damage Prevention i. F Flood Control 2.Commission hereby finds the project,as proposed,is: Approved subject to: a.Fl 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.F 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. o,F 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). 3.1-- Buffer Zone Impacts:Shortest distance between limit of project disturbance and the wetland resource 50 F7 area specified in 310CMR10.02(1)(a). a.linear feet Inland Resource Area Impacts:(For Approvals Only): Resource Area Proposed Permitted Proposed Permitted Alteration Alteration Replacement Replacement 4. F Bank a.linear feet b.linear fed c.linear fed d.linear fed 5.F Bordering Vegetated Wetland a.square feet b.square feet c.square feet d.square feet 6. F Land under Waterbodies and Waterways a.square fed b.square fed c.square fed d square fed e.ch'dredged f ch'dredged 7.F Bordering Land Subject to Flooding a.square feet b.square feet c.square feet d.square feet Page 2 of 10 *ELECTRONIC COPY Lll� �t Massachusetts Department of Environmental Protection Provided by MassDEP: Bureau of Resource Protection-Wetlands MassDEPFile#:242-1618 WPA Form 5 -Order of Conditions eDEP Transaction#:644307 Massachusetts Wetlands Protection Act M.G.L.c. 131,§40 City/Town:NORTHANDOVER Cubic Feet Flood Storage e.cubic feet f.cubic feet g.cubic feet h.cubic feet 8.17 Isolated Land Subject to Flooding a.square feet b.square feet Cubic Feet Flood Storage c.cubic feet d.cubic feet e,cubic feet 11 cubic feet 9.177 Riverfront Area a.total sq.feet b.total sq.feet Sq ft within 100 ft c.square feet d.square feet e.square feet f.square feet Sq ft between 100-200 ft g.square feet h.square feet i.square feet j.square feet Coastal Resource Area Impacts: Resource Area Proposed Permitted Proposed Permitted Alteration Alteration Replacement Replacement 10.r Designated Port Areas Indicate size under Land Under the Ocean,below 11.1-Land Under the Ocean a.square feet b.square feet c.c/y dredged d.c/y dredged 12.r—i Barrier Beaches Indicate size under Coastal Beaches and/or Coastal Dunes below 13.1 Coastal Beaches a.square feet b.square feet c.c/y nourishment d.c/y nourishment 14.1 Coastal Dunes ; square feet b.square feet c c/y nourishment d.c/y nourishment 15.F Coastal Banks a.linear feet b.linear feet 16.r Rocky Intertidal Shotes -Z-square feet b.square feet 17.1—Salt Marshes a.square feet b.square feet c.square feet d.square feet 18.r Land Under Salt Ponds -Z-square fed b.square fed a dy dredged d.cfy dredged 19.r Land Containing Shellfish a.square feet b.square feet c.square feet d.square feet Page 3 of 10*ELECTRONIC COPY Massachusetts Department of Environmental Protection Provided by MassDEP: Bureau of Resource Protection- Wetlands MassDEP File#:242-1618 WPA Form 5 -Order of Conditions eDEP Transaction#:644307 f� Massachusetts Wetlands Protection Act M.G.L.c. 131, §40 City/Town:NORTHANDOVER Indicate size under Coastal Banks,inland Bank,Land Under the 20.1-Fish Runs Ocean,and/or inland Land Under Waterbodies and Waterways, above c-ch'wed d.cly dredged 21.r Land Subject to Coastal Storm Flowage a.square feet b.square feet 22. 1-' 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.I7.c&d above,please entered the additional amount here. a.square feet of BVW b.square feet of Salt Marsh 23. r Streams Crossing(s) If the project involves Stream Crossings,please enter the number of new stream crossings/number of replacement stream crossings. a.number of new stream crossings b.number of replacement stream crossings C. General Conditions Under Massachusetts Wetlands Protection Act The following conditions are only applicable to Approved projects 1. Failure to comply with all conditions stated herein,and with all related statutes and other regulatory measures,shall be deemed cause to revoke or modify this Order. 2. The Order does not grant any property rights or any exclusive privileges;it does not authorize any injury to private property or invasion of private rights. 3. This Order does not relieve the permittee or any other person of the necessity of complying with all other applicable federal, state,or local statutes,ordinances,bylaws,or regulations. 4. The work authorized hereunder shall be completed within three years from the date of this Order unless either of the following apply: a.the work is a maintenance dredging project as provided for in the Act;or b.the time for completion has been extended to a specified date more than three years,but less than five years,from the date of issuance.If this Order is intended to be valid for more than three years,the extension date and the special circumstances warranting the extended time period are set forth as a special condition in this Order. 5. This Order may be extended by the issuing authority for one or more periods of up to three years each upon application to the issuing authority at least 30 days prior to the expiration date of the Order. 6. If this Order constitutes an Amended Order of Conditions,this Amended Order of Conditions does not exceed the issuance date of the original Final Order of Conditions. 7. Any fill used in connection with this project shall be clean fill.Any fill shall contain no trash,refuse,rubbish,or debris,including but not limited to lumber,bricks,plaster,wire,lath,paper,cardboard,pipe,tires,ashes,refrigerators,motor vehicles,or parts of any of the foregoing. 8. This Order is not final until all administrative appeal periods from this Order have elapsed,or if such an appeal has been taken, until all proceedings before the Department have been completed. 9. No work shall be undertaken until the Order has become final and then has been recorded in the Registry of Deeds or the Land Court for the district in which the land is located,within the chain of title of the affected property.In the case of recorded land, Page 4 of 10 *ELECTRONIC COPY ` Massachusetts Department of Environmental Protection Provided by MassDEP: Bureau of Resource Protection-Wetlands MassDEP File#:242-1618 WPA Form 5 -Order of Conditions eDEP Transaction 4:644307 Z t Massachusetts Wetlands Protection Act M.G.L.c. 131,§40 City/Town:NORTH ANDOVER I 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:"242-1618" 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)1 subject to the Massachusetts Stormwater Standards. If the work is subject to Stormwater Standards,then the project is subject to the following conditions; a) All work,including site preparation,land disturbance,construction and redevelopment,shall be implemented in accordance with the construction period pollution prevention and erosion and sedimentation control plan and,if applicable,the Stormwater Pollution Prevention Plan required by the National Pollutant Discharge Elimination System Construction General Permit as required by Stormwater Standard 8.Construction period erosion,sedimentation and pollution control measures and best management practices(BMPs)shall remain in place until the site is fully stabilized. b) No stormwater runoff may be discharged to the post-construction stormwater BMPs unless and until a Registered Professional Engineer provides a Certification that:i. all construction period BMPs have been removed or will be removed by a date certain specified in the Certification.For any construction period BMPs intended to be converted to post construction operation for stormwater attenuation,recharge,and/or treatment,the conversion is allowed by the MassDEP Stormwater Handbook BMP specifications and that the BMP has been properly cleaned or prepared for post construction operation, including removal of all construction period sediment trapped in inlet and outlet control structures;ii..as-built final construction BMP plans are included,signed and stamped by a Registered Professional Engineer,certifying the site is fully stabilized;iii. any illicit discharges to the stormwater management system have been removed,as per the requirements of Stormwater Page 5 of 10 *ELECTRONIC COPY e ' Massachusetts Department of Environmental Protection Provided by MassDEP: Bureau of Resource Protection-Wetlands MassDEP File#:242-1618 WPA Form 5 -Order of Conditions eDEP Transaction#:644307 Massachusetts Wetlands Protection Act M.G.L.c. 131, §40 City/Town:NORTH ANDOVER Standard 10;iv.all post-construction stormwater BMPs are installed in accordance with the plans(including all planting plans)approved by the issuing authority,and have been inspected to ensure that they are not damaged and that they are in proper working condition;v. any vegetation associated with post-construction BMPs is suitably established to withstand erosion. c) The landowner is responsible for BMP maintenance until the issuing authority is notified that another party has legally assumed responsibility for BMP maintenance.Prior to requesting a Certificate of Compliance,or Partial Certificate of Compliance,the responsible party(defined in General Condition 19(e))shall execute and submit to the issuing authority an Operation and Maintenance Compliance Statement("O&M Statement")for the Stormwater BMPs identifying the party responsible for implementing the stormwater BMP Operation and Maintenance Plan("O&M Plan")and certifying the following:i.)the O&M Plan is complete and will be implemented upon receipt of the Certificate of Compliance,and ii.)the future responsible 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(f)through 19(k)with respect to that BMP.Any failure of the proposed responsible party to implement the requirements of Conditions 19(f)through 19(k)with respect to that BMP shall be a violation of the Order of Conditions or Certificate of Compliance.In the case of stormwater BMPs that are serving more than one lot,the legally binding agreement shall also identify the lots that will be serviced by the stormwater BMPs.A plan and easement deed that grants the responsible party access to perform the required operation and maintenance must be submitted along with the legally binding agreement. fl The responsible party shall operate and maintain all stormwater BMPs in accordance with the design plans,the O&M Plan, and the requirements of the Massachusetts Stormwater Handbook. g) The responsible party shall: 1.Maintain an operation and maintenance log for the last three(3)consecutive calendar years of inspections,repairs, maintenance and/or replacement of the stormwater management system or any part thereof,and disposal(for disposal the log shall indicate the type of material and the disposal location); 2.Make the maintenance log available to MassDEP and the Conservation Commission('Commission")upon request;and 3.Allow members and agents of the MassDEP and the Commission to enter and inspect the site to evaluate and ensure that the responsible party is in compliance with the requirements for each BMP established in the O&M Plan approved by the issuing authority. h) All sediment or other contaminants removed from stormwater 13MPs 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: SEE ATTACHED Page 6 of 10 *ELECTRONIC COPY \ Massachusetts Department of Environmental Protection Provided by MassDEP: Bureau of Resource Protection- Wetlands MassDEP File#:242-1618 WPA Form 5 -Order of Conditions eDEP Transaction#:644307 Massachusetts Wetlands Protection Act M.G.L.c. 131,§40 Cityrfown:NORTH ANDOVER Page 7 of 10 *ELECTRONIC COPY i F Massachusetts Department of Environmental Protection Provided by MassDEP: Bureau of Resource Protection-Wetlands MassDEP File#:242-1618 WPA Forth 5 -Order of Conditions eDEP Transaction#:644307 e Massachusetts Wetlands Protection Act M.G.L.c. 131, §40 City/Town:NORTHANDOVER D. 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. NORTH ANDOVER 1.Municipal Ordinance or Bylaw WETLANDS p y PROTECTION 2.Citation CHAPTER 178 BYLAW 3. The Commission orders that all work shall be performed in accordance with the following conditions and with the Notice of Intent referenced above.To the extent that the following conditions modify or differ from the plans,specifications,or other proposals submitted with the Notice of Intent,the conditions shall control. The special conditions relating to municipal ordinance or bylaw are as follows: SEE ATTACHED Page 8 of 10 *ELECTRONIC COPY Massachusetts Department of Environmental Protection Provided by MassDEP: Bureau of Resource Protection-Wetlands MassDEP File#:242-1618 WPA Forth 5 -Order of Conditions eDEP Transaction#:644307 Massachusetts Wetlands Protection Act M.G.L.c. 131, §40 City/Town:NORTH ANDOVER Ll�l E. Signatures This Order is valid for three years from the date of issuance,unless otherwise specified pursuant to General Condition#4.If this is an Amended Order of Conditions,the Amended 1.Date of Original Order Order expires on the same date as the original Order of Conditions. Please indicate the number of members who will sign this form.This Order must be signed by 16- 2 Number of Signers a majority of the Conservation Commission. The Order must be mailed by certified mail(return receipt requested)or hand delivered to the applicant.A copy also must be mailed or hand delivered at the same time to the appropriate Department of Environmental Protection Regional Office,if not filing electronically,and the property owner,if different from applicant. Signatures: 11 _ r by hand delivery on arty certified mail,return receipt requested,on 41 Date Date F. Appeals The applicant,the owner,any person aggrieved by this Order,any owner of land abutting the land subject to this Order,or any ten residents of the city or town in which such land is located,are hereby notified of their right to request the appropriate MassDEP Regional Office to issue a Superseding Order of Conditions.The request must be made by certified mail or hand delivery to the Department,with the appropriate filing fee and a completed Request for Departmental Action Fee Transmittal Form,as provided in 310 CMR 10.03(7)within ten business days from the date of issuance of this Order.A copy of the request shall at the same time be sent by certified mail or hand delivery to the Conservation Commission and to the applicant,if he/she is not the appellant. Any appellants seeking to appeal the DepartmenPs Superseding Order associated with this appeal will be required to demonstrate prior participation in the review of this project.Previous participation in the permit proceeding means the submission of written information to the Conservation Commission prior to the close of the public hearing,requesting a Superseding Order,or providing written information to the Department prior to issuance of a Superseding Order. The request shall state clearly and concisely the objections to the Order which is being appealed and how the Order does not contribute to the protection of the interests identified in the Massachusetts Wetlands Protection Act(M.G.L.c. 131,§40),and is inconsistent with the wetlands regulations(3 10 CMR 10.00).To the extent that the Order is based on a municipal ordinance or bylaw, and not on the Massachusetts Wetlands Protection Act or regulations,the Department has no appellate jurisdiction. Page 9 of 10*ELECTRONIC COPY Massachusetts Department of Environmental Protection Provided by MassDEP: Bureau of Resource Protection-Wetlands MassDEP File#:242-1618 WPA Form 5 -Order of Conditions eDEP Transaction#:644307 f� 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 Corrunission. .......................................................................................................................................................................................................... To: NORTH ANDOVER Conservation Commission Please be advised that the Order of Conditions for the Project at: 50 ROYAL CREST DRIVE 242-1618 Project Location MassDEP File Number Has been recorded at the Registry of Deeds of: County Book Page for. Property Owner DANMILINAZZO and has been noted in the chain of title of the affected property in: Book Page In accordance with the Order of Conditions issued on: Date If recorded land,the instrument number identifying this transaction is: Instrument Number If registered land,the document number identifying this transaction is: Document Number Signature of Applicant Rev.4/1/2010 Page 10 of 10 *ELECTRONIC COPY DEP FILE #242 - 1618 Therefore, the North Andover Conservation Commission (hereafter the "NACU) hereby finds that the following conditions are necessary, in accordance with the Performance Standards set forth in the State Regulations, the local ByLaw and Regulations, to protect those interests noted above. The NACC orders that all work shall be performed in accordance with said conditions and with the Notice of Intent referenced below. To the extent that the following conditions modify or differ from the plans, specifications or other proposals submitted with the Notice of Intent, the conditions shall control. GENERAL,CONDITIONS 20. The proposed work includes: installation of foundation drainage on Building 47 with new drain manholes and connection to existing drain line in the 100-foot Buffer Zone to Bordering Vegetated Wetland and Isolated Vegetated Wetland. Waterproofing and repairs will also be conducted on the foundation. New precast concrete stairs will be installed. Roof drain connections will be installed and capped with no downspout connections allowed as part of this filing. New landscaping will also be installed. 21. The work shall conform to the following (except as noted in the remainder of this document where revisions may be required): Applicant/Property Owner: Dan Milinazzo AIMCO North Andover, LLC 50 Royal Crest Drive North Andover, Massachusetts 01845 Notice of Intent filed by: Kenneth Lania Cornerstone Land Consultants, Inc. 61 Main Street Pepperell, MA 01463 Dated: April 1,2014 Site Plans prepared by: Cornerstone Land Consultants, Inc. Titled: Site Plan Foundation Drainage Bldg 47 - Royal Crest Estates Date: March 14,2014 Last Revised 04/10/14 Sheets 1 -3 Stamped by: John A. Visniewski, P.E. 22. The term"Applicant" as used in this Order of Conditions shall refer to the owner, any successor in interest or successor in control of the property referenced in the Notice of Intent, supporting documents and this Order of Conditions. The NACC shall be notified in writing within 30 days of all transfers of title of any portion of property that takes place prior to the issuance of a Certificate of Compliance. 242-1618,50 Royal Crest Estates,Building 47 1 NACC 4/29/2014 DEP FILE #242 - 1618 23. The conditions of this decision shall apply to, and be binding upon, the applicant, owner, its employees and all successors and assigns in interest or control. These obligations shall be expressed in covenants in all deeds to succeeding owners of portions of the property. 24. Failure to comply with all conditions stated herein, and with all related statutes and other regulatory measures, shall be deemed cause to revoke or modify this Order. 25. This Order does not grant any property rights or any exclusive privileges; it does not authorize any injury to private property or invasion of property rights. However, the NACC, agent of the NACC or the Department of Environmental Protection(DEP) reserves the right to enter and inspect the property at all reasonable times until a Certificate of Compliance is issued, to evaluate compliance with this Order of Conditions, the Act (310 CMR 10.00), the North Andover Wetland ByLaw and Regulations, and may require any information,measurements, photographs, observations, and/or materials, or may require the submittal of any data or information deemed necessary by the NACC for that evaluation. Further,work shall be halted on the site if the NACC, agent or DEP determines that any of the work is not in compliance with this Order of Conditions. Work shall not resume until the NACC is satisfied that the work will comply and has so notified the applicant in writing. 26. This Order does not relieve the permittee or any other person of the necessity of complying with all other applicable federal, state or local statutes, ordinances,by-laws or regulations. 27. The work authorized hereunder shall be completed within three 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 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. This Order of Conditions is issued in addition to an OOC issued by the Town of North Andover under NACC 11111, 112, &117 and DEP File Nos. 242-1568, 1598 &1599. These projects are ongoing or nearing completion. 242-1618,50 Royal Crest Estates,Building 47 2 NACC 4/29/2014 DEP FILE #242 - 1618 32. 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). 33. The following wetland resource areas are affected by the proposed work: Buffer Zone to Bordering Vegetated Wetland (BVW) and Isolated Vegetated Wetland (IVW). 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. 34. The NACC agrees with the applicant's delineation of the wetland resource areas on the site as shown on the plans dated referenced herein. An Order of Resource Area Delineation (ORAD) has also been issued for this site under DEP File #242-1567. 35. The NACC finds that the intensive use of the upland areas and buffer zone proposed on this site will cause further alteration of the wetland resource areas. In order to prevent any alteration of wetland resource areas a twenty five foot (25') No- Disturbance Zone and a fifty foot (50') No-Construction Zone shall be established from the edge of the adjacent wetland resource area except as shown as shown on the record plan referenced herein. The Conservation Administrator and/or other agents of the NACC do not have the authority to waive these setbacks as established under the local bylaw. No disturbance of existing grade, soils or vegetation is permitted in the No-Disturbance zone. (See Section 3.4 &Appendix F of the local Regulations). 36. 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. 37. 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 242-1618,50 Royal Crest Estates,Building 47 3 NACC 4/29/2014 DEP FILE#242 - 1618 38. No work shall be undertaken until all administrative appeal periods from this Order have elapsed or, if such an appeal has been filed, until all proceedings before the Department or Court have been completed. 39. This Order shall be recorded by the applicant at the Registry of Deeds immediately after the expiration of all appeal periods. No work shall be undertaken until the Final Order has been recorded in the Registry of Deeds or the Land Court for the district in which the land is located, within the chain of title of the affected property. In the case of recorded land, the Final Order shall also be noted in the Registry's Grantor Index under the name of the owner of the land upon which the proposed work is to be done. In the case of registered land, the Final Order shall also be noted on the Land Court Certificate of Title of the owner of the land upon which the proposed work is to be done. The recording information shall be submitted to the North Andover Conservation Commission on the form at the end of this Order prior to commencement of the work. Any Order not recorded by the applicant before work commences may be recorded by the NACC at the applicant's expense. 40. A sign shall be displayed at the work area not less than two square feet or more than three square feet in size bearing the words "Massachusetts DEP, File Number 242- 1618." 41. Any changes in the submitted plans caused by the applicant, another Board's decision or resulting from this Order of Conditions must be submitted to the NACC for approval prior to implementation. If the NACC finds said changes to be significant, the NACC will call for another public hearing (at the expense of the applicant). Within 21 days of the close of said public hearing the NACC will issue an amended or new Order of Conditions. Any errors found in the plans or information submitted by the applicant shall be considered as changes. 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. The applicant shall submit a Planting Plan for landscaping proposed in the buffer zone to wetland resource areas. All plantings proposed in wetland resource areas or the buffer zone shall be native species. The plan will be approved by the Conservation Department prior to commencement of landscaping activities. 44. Prior to any work commencing on-site, the applicant shall submit to the NACC for approval, a detailed and dated sequence of construction, including the installation of sedimentation/erosion control devices, installation of foundation drains, landscaping and final stabilization. 242-1618,50 Royal Crest Estates,Building 47 4 NACC 4/29/2014 I DEP FILE #242 - 1618 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 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. A row of trenched siltation fence and staked haybales or other erosion control to be approved by the Conservation Department shall be placed between all construction areas and wetlands. The erosion control barrier will be properly installed and located as detailed on the herein referenced plans. The erosion control 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. 47. The applicant shall have on hand at the start of any soil disturbance, removal or stockpiling five (5) hay bales and sufficient stakes for staking these bales (or an equivalent amount of silt fence, 1 hay bale to equal 3 feet of fence or filter sock). Said bales shall be used only for the control of emergency erosion problems and shall not be used for the normal control of erosion. 48. A check payable to the Town of North Andover shall be provided in the amount of $1,000 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. 242-1618,50 Royal Crest Estates,Building 47 5 NACC 4/29/2014 DEP FILE#242 - 1618 49. The applicant shall designate a Wetland Scientist (or other environmental professional as approved by the NACC or its agent) as an"Erosion Control Monitor' to oversee any emergency placement of controls and regular inspection or replacement of sedimentation control devices. The name and phone number of the erosion control monitor must be provided to the NACC in the event that this person has to be contacted, due to an emergency at the site, during any 24-hour period, including weekends. Proof of the retained monitor must be submitted to the Conservation Department on letterhead by the retained consulting firm. This person shall be given the authority to stop construction for erosion control purposes. The Environmental Professional will immediately notify the Conservation agent of any matter that requires attention by the Commission or the agent. The erosion control monitor will be required to inspect all such devices and oversee cleaning and the proper disposal of waste products. Cleaning shall include removal of any entrapped silt. 50. At least once during each week in which construction activities occurs on-site and for as long thereafter as ground remains unstabilized, the applicant shall submit a written report with photos from the "Erosion Control Monitor" to the NACC certifying that, to the best of his/her knowledge and belief based on a careful site inspection, all work is being performed in compliance with this Order of Conditions and that approved setbacks are being adhered to. The erosion control monitor must visually inspect all sedimentation/erosion control measures and assume responsibility for their maintenance on a weekly basis and that they are functioning as intended. In addition, all wetland resource areas must be visually inspected for siltation, turbidity, and/or other water quality impacts. The Erosion Control Monitor shall be on site during and/or following a major storm event of 1/2" inch of rain or greater (24 hour event) to ensure that soils remain stable, and erosion controls are adequate and secure 51. Prior to construction, the applicant shall permanently mark the edge of the "25' No- Disturbance Zone" to Bordering Vegetated Wetland (or at the existing limit of clearing) with signs or markers (placed on pressure treated posts if necessary) spaced evenly every 30 feet incorporating the following text: "Protected Wetland Resource Area" and the associated rules (1 square for every 3 round markers). 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 may be obtained at the Conservation Department ($2 round/$3 square). 52. The applicant and/or the legal owner of that portion of land upon which these Orders of Conditions have been placed shall provide to the NACC prior to transferring, or assigning any portion of said land to another party, subject to said Orders of Conditions, the "Compliance Certification Form Affidavit" attached via "Appendix A" signed under the pains and penalties of perjury, stating that said applicant and/or 242-1618,50 Royal Crest Estates,Building 47 6 NACC 4/29/2014 I DEP FILE #242 - 1618 owner has read these Orders of Conditions and is in compliance with each and every condition. This document shall apply to each of the conditions referenced herein and shall be provided to the Conservation Department at least five (5) business days prior to the closing of said land transaction. 53. Once these above mentioned pre-construction requirements are complete,the applicant shall contact the Conservation Office prior to site preparation or construction and shall arrange an on-site conference with an NACC representative, the contractor, the engineer,wetland scientist and the applicant to ensure that all of the Conditions of this Order are understood. This Order shall be included in all construction contracts, subcontracts, and specifications dealing with the work proposed and shall supersede any conflicting contract requirements. The applicant shall assure that all contractors, subcontractors and other personnel performing the permitted work are fully aware of the permit's terms and conditions. Thereafter, the contractor will be held jointly liable for any violation of this Order of Conditions resulting from failure to comply with its conditions. The applicant or contractor shall notify the NACC in writing of the identity of the on-site construction supervisor hired to coordinate construction and to ensure compliance with this Order. A reasonable period of time shall be provided as notice of the pre-construction meeting (e.g. 72 hours). STORMWATER MANAGEMENT CONDITIONS 54. All construction and post-construction stormwater management shall be conducted in accordance with supporting documents submitted with the Notice of Intent, the Department of Environmental Protection Stormwater Management Policy and as approved by the NACC in this Order of Conditions. 55. 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. 56. Water quality in down gradient BVW's shall not differ significantly following completion of the project from the pre-development conditions. There shall be no sedimentation into wetlands or water bodies from discharge pipes or surface runoff leaving the site. 57. All stormwater best management practices shall be continually maintained as specified in the Operation and Maintenance Plan (submitted as part of DEP File #242- 1550) and incorporated in the Order of Conditions. 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. 242-1618,50 Royal Crest Estates,Building 47 7 NACC 4/29/2014 DEF FILE #242 - 1618 Maintenance of the stormwater management system shall be conducted on an annual basis by a Registered Professional Civil Engineer. Maintenance bills submitted by cleaning contractors (catch basins, stormcepters, etc.) shall be maintained with annual engineering reports. A log/proof of annual maintenance activities as required by the Operation & Maintenance Plan shall be maintained for not less than the prior 5 year period. The NACC reserves the right to request documentation of maintenance activities for purposes of verification of this Order. 58. The applicants, owners, and their successors and assignees, shall maintain all culverts, collections basins, traps, outlet structures, subsurface storage areas, and other elements of the drainage system, in order to avoid blockages and siltation which might cause failure of the system and/or detrimental impacts to on-site or off-site resource areas, and shall maintain the integrity of vegetative cover on the site. DURING CONSTRUCTION 59. Upon beginning work, the applicant shall submit written weekly progress reports detailing what work has been done in or near resource areas, and what work is anticipated to be done over the next period. This will update the construction sequence. Reports shall be submitted in as part of the weekly environmental monitoring report (see Condition#50). 60. Dewatering activities are not proposed as part of the filing. No discharge of water is allowed directly into an area subject to jurisdiction of the Wetlands Protection Act and/or the North Andover Wetland Bylaw. If emergency de-watering requirements arise, the applicant shall submit a contingency plan to the Commission for approval, which provides for the pumped water to be contained in a settling basin, to reduce turbidity prior to discharge into a resource area. 61. Silt sacks will be placed in all catch basins within 100 feet of the work. Silt sacks will remain in place and be maintained until final stabilization. 62. Inlet protection shall be placed at the location of the connection to the existing drain manhole during construction. 63. Associated pavement and roadways shall be swept at least weekly or as directed by the Erosion Control monitor, the Site Supervisor, Project Manager, or Conservation staff for as long as the site remains exposed and un-stabilized. 64. 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. 242-1618,50 Royal Crest Estates,Building 47 8 NACC 4/29/2014 DEP FILE #242 - 1618 65. 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. 66. 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. 67. There shall be no stockpiling of soil or other materials within fifty (50) feet of any resource area. 68. Washings from concrete trucks, or surplus concrete, shall not be directed to, any drainage system, or wetland resource area. If truck washing is to be done on site an area shall be designated and approved by the Conservation Department. 69. 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. 70. Accepted engineering and construction standards and procedures shall be followed in the completion of the project. 71. 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. LJ[AF�TERONSTRUCTION 72. 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. 242-1618,50 Royal Crest Estates,Building 47 9 NACC 4/29/2014 DEP FILL#242 - 1618 73. 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. 74. 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 75. 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. 76. 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. 77. Upon completion of the project the applicant shall submit the following to the Conservation Commission as part of a request for a Certificate of Compliance: a. WPA Form 8A- "Request for a Certificate of Compliance." b. A letter from the applicant requesting a Certificate of Compliance. c. The name and address of the current landowner. d. Signed statements from the individual property owners shall be submitted with the request for a Certificate of Compliance indicating that they read and understood the recorded Order of Conditions prior to purchasing their property. e. The name and address of the individual/trust or corporation to whom the compliance is to be granted. f. The street address and assessor's map/parcel number for the project. g. The DEP file number. h. A written statement from a Registered Professional Civil Engineer (and/or Registered Professional Land Surveyor) of the Commonwealth certifying that the work has been conducted as shown on the plan(s) and documents referenced above, and as conditioned by the Commission. i. An"As-Built" plan prepared and signed and stamped by a Registered Professional Civil Engineer (P.E.) (and/or Registered Professional Land Surveyor) of the Commonwealth,for the public record. This plan will include: ➢ "As-Built" post-development elevations of all drainage &stormwater management structures constructed within 100 feet of any wetland resource area. NOTE: If portions of the stormwater systems exist partially within the Buffer Zone then the entire structure must be depicted to accurately verify compliance. 242-1618,50 Royal Crest Estates,Building 47 10 NACC 4/29/2014 DEP FILE #242 - 1618 ➢ "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. 78. The following special conditions shall survive the issuance of a Certificate of Compliance (COC) for this project: ➢ 25' No-Disturbance Zone and a 50' No-Construction Zone shall be established from the edge of adjacent wetland resource areas except in those locations approved under DEP # 242-1618. Future work within 100' of existing wetland resource areas will require a separate filing with the NACC (refer to Section 3.4 of the Regulations for performance standards within these zones) The Conservation Administrator and/or other agents of the NACC do not have the authority to waive these setbacks as established under the local ByLaw; ➢ Resource Area Markers (Condition #51); ➢ Stormwater Management System Operations and Maintenance (Condition #57) ➢ Discharge or spillage of pollutants (Condition#71); ➢ Prohibition of underground fuels (Condition #72); ➢ Limitations on the use of fertilizers, herbicides, and pesticides (Conditions #73) ➢ Prohibition of dumping of leaves, grass clippings, brush, or other debris (Condition #74). 242-1618,50 Royal Crest Estates,Building 47 11 NACC 4/29/2014 DEP FILE #242 - 1618 APPENDIX A-AFFIDAVIT I on oath do hereby depose and state: (authorized agent applicant and/or current owner) (PLEASE CHECK AT LEAST ONE BLOCK) 1. I am the of (position with applicant) (applicant name or company name) the applicant upon whom Order of Conditions have been placed upon by (DEP or NACC number) the North Andover Conservation Commission. &/or 2. 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. 1 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) 242-1618,50 Royal Crest Estates,Building 47 12 NACC 4/29/2014 LOCUS / o F9 Building 29 , AdJ / - - „ * E )III /, Im �•I rn - ' E i s. o LJ APPROXI MATE TOP OF, FOO TING AT TEST PIT: 244.32' I• j _ ! (See Sheet 3,Note 12) ` 1 Building 30 107'x 57' % - Jti 12'H PP 1T'6�pPPr 1 I FOUNDATION DRAIN: Set highpointof6"HDPP ,3 f Building 31 Z m B drain line at farthest point ! l ! `•`` from outlet location.Pipe RAIN B.451N A crovm to be se[at top of t RIM=244.25' ! footing and slope at 0.5%in both drections to outlet. o c (Sea Detail) ©�r 1 .--I a9 =239.79'(12"HDPP)'< 't sq ,y.y ®9i �� �AVEMENT - W - �.\ q\ .REPAIR , �`I'�° d a ` 31'5=05% (See DetaiQ '*'S. �- = f --� )ALJ! ',! D B�IY HDPP ._ .- .... c RAIN BASIN B: 54' cd W $H -- U INVin(Aj=X39.65(12"HDPP)' GRAIN BASIN tF8038 INVOuI(B)=239.55'(17'HDPP) _ a RIM 243.07' .__. INW =239.57'12'RCP o InspecNGDRAIN CONNECTION: �U c Mal EXISTII` nG DRAIN of existing DMH. INVin(B)=239.37'17'HDPP Remove debris and determine INVin c=239.37'18'RCP r 'con '- I - ` () dtion of outlet pipe.Connect INVouf D=239.27'18"RCP - (1 drain system to existing DMH: �. .% \ �Elevatiofi-=2'39\37' C> gym_ o ° - .... PLAN LEGEND SITE — v, � `o o �' i i' I .sv o(Sr!!RBZONF EXISTING PROPOSED J W 1 .. ...- L ---- 100 ---- GRADE CONTOUR U Q IY 0 —O—O a- DRAIN LINE U)D IL Q I°n Z RCB Q B CB CATCH BASIN moi\ QD DMH DRAIN MANHOLE SMH SEWER MANHOLE \ rn `� F Z `� ❑E ELECTRIC PAD W Q DOWNSPOUT N WETLAND FLAGGING M W N \ DEEP OBSERVATION HOLE Z FOUNDATION WATERPROOFING SYSTEM Q W - \ ! '( Existing Proposed TEXT J 0 X N O _4 ) WETLAND Q. O J -0 ... O HAYBALE W.- Q (� Q w+ } 3M 00O O LO Z O cn IL CD J Site Plan 00 SCALE:1 in.=20 It. GRAPHIC SCALE(ft) Job No.:2014-112 ITT Sheet No.:1 of 3 0 20 Drawing No. 9374 3^ Qe 24"SOLID LOCKING COVER: 24"SOLID LOCKING COVER: A FOUNDATION See additional detail See additional detail 9 CRACK NG/PARGING: i Contractor to prepare foundation wall to 5/16-1 g X 1"LONG HEX BOLT 5/16 ccept Foundation Waterproofing System. -18 X i"LONG HEX BOLT S G a CONCRETE COLLAR ZINC GOLD STEEL 2 PLACES ZINC GOLD STEEL 2 PLACES 0 18' 7g" I CONCRETE COLLAR: 18" 18" EXISTING GRADE: 6'Minimum thickness 8"Minimum thickness Slope finished grading away from building at a minimum grade of 2%. 24"FLAT RUBBER GASKET 100-ASIUCONE CAULK 10051SIUCONECAULK T� WJ 24"FLAT RUBBER GASKET w t LL m> SPRAY/ROLL APPLIED ¢ r s ELASTOMERIC WATERPROOFING MATERIAL 24"COVER FRAME I 24"COVER FRAME ECOUNES or ECOUNE-R applied to a 40 mil thickness when dry. DIMPLE BOARD: _ - E-Pro Ecodrairr-E or equivalent�' IE —' 6•'ADS N-12 ST 1B Solid Pipe (ASTM F2648):From Building#30 BACKFILL EXCAVATION: �I 17'ADS N-12 ST 1B Solid Pi INVin=242.86' 12'ADS N-12 ST 18 Sofid Pie .a Clean granular fill or suitable �� EXISTING INTERIOR Pe 12"ADS N-12 ST 7B Solid Pipe P native soils — SLAB ON GRADE: (ASTM F2648):To CB#4495 ASTM F2648):To DMH#6038 (ASTM F2648):Drain Basin A c Assumed location wvour239.79 DRAIN BASIN#B r 0 EXISTING FOUNDATION: DRAIN BASIN#A z o E Poured Concrete - 0u ; E DOWNSPOUT COLLECTION PIPE ~� SEALED DRAIN BASIN FRAME& SEALED DRAIN BASIN FRAME& - _ m o 6'ADS N-12 ST IB Solid Pipe(ASTM ! 1: SOLID LOCKING COVER SOLID LOCKING COVER F2648), I'r_ PIPE PROTECTION: z Wrap pipe with Geoextile fabric prior to washed stone installation i DRAINAGE PIPE: ? TYPICAL MANHOLEIBASIN 6"ADS N-12 ST IS Pedurated Pipe - - - - (ASTM F2648). - POLYESTER 6"REINFORCEMENT 20 MIL ECOUNE-R WATERTIGHT SEAL MADE WITH RUBBER ¢ ¢ CRUSHED STONE: CANT STRIP: MANHOLE BOOT(PRESS SEAL OR EQUAL) 20 MIL ECOUNE-R 40 MIL ECOUNE-S OR R o v 6 inches of 3/4"-1 12'clean washed crushed Bevel of hydraulic masonry cement; stone around all subsurface piping and on top One coat of EcolineR liquid applied membrane; p roC o of footing Install EPRO Polyester-160 Fabric; ADS N-12 W/ADAPTER FITTING Second mat of Emline-R liquid applied membrane; - 0 0 12"DRAIN UNE FROM DRAIN BASIN B FOUNDATION WATERPROOFING SYSTEM '(150mm)MIN.CLASS I OR II BEDDING: U Insure backfill is placed under W H v pipe and property compacted. Q J FOUNDATION TOP VIEW CONCRETE WALL u 2•'x4"METAL DOWNSPOUT PER OWNER SPECIFICATIONS. c c (NO CONNECTION OF EXISTING DOWNSPOUT TO NEW SYSTEM) FOUNDATION REPAIR-CRACKS UP TO 1/8" � �> $q WATERTIGHT MANHOLE CONNECTION W i _ MANHOLE BOOT CONNECTION-DMH#6038 —o 7k4"x4"0 DOWNSPOUT ADAPTER �/ TO, a E 4"ADS N-12 ST 1B v POLYESTER 6i'REINFORCEMENT 20 MIL ECOLINE-R 4"FABRICATED HDPE ST DBL MITER 90'BEND 24"SOLID COVER 20 MIL ECOUNE-R 40 MIL ECOLINE-S OR R U ct c m a; o FINAL GRADE: ADS 6"x6"x4"REDUCING TEE 24"COVER FRAME DRILL 0.343 THRU GRATE ONLY Slope final grade material away COUNTERBORE 0 7.00 X.22 DP i AIR ur, from structure at slope of 1%or greater. DRAINAGE PIPE:6"ADS N-12 ST 1B Solid Pipe(ASTM F2648). Z PLACES 12• f u {---�-�r- BACKFILL MATERIAL Native Soil '© - PIPE PROTECTION:Wrap pipe with Geotexble EXISTING INTERIORSLAB ON GRADE: Vii!'" li Assumed location 1;� 'y r fabric prior to washed stone installation Ix _ 5116-18X 1"LONG HEX BOLT /J BACKER ROD AND/OR TOP VIEW CONCRETE WALL U 'b - ZINC GOLD STEEL 2 PLACES URETHANE SEALANT - u0 '_ "61 DRILL 0.257 THRU FOUNDATION REPAIR-CRACKS 1/8"TO1/4" * m NOTE:LOCATION OF LOCKING DEVICE MAY VARY TAP 5/16-18 THREAD d j 0 O 2 PLACES c N 0 SEALED DRAIN BASIN,SOLID FRAME& t DRAINAGE PIPE:6"ADS N-12 ST 1 B Perforated Pipe(ASTM F2548). Z CRUSHED STONE:12"x 12",3/4"- u Perforations to face down. 1-12"Clean washed crushed stone SOLID LOCKING COVER ) o Y > 6"FABRICATED HDPE ST DBL.MITER 45'BEND G -o 0 U Q TQ 6'FABRICATED HDPE ST 45'WYE DRAINAGE PIPE:6"ADS N-12 JQ p- U ST 1 B Solid Pipe(ASTM F2648). U Q �_p 0 FUTUREDOWNSPOUT CONNECTIONS AND DRAIN LIMITS OF TRENCH EXCAVATION U O- Qu1Z LEADERS SURFACE TREATMENT:As Specified I—&send,ar --EXIST.DRAIN OP. pavement UTILITY BASE MATERIAL:As 'k,4_,+>' DRAINAGE PIPE:6"ADS N-12 ST 1 B U) E E'E Specified Perforated Pipe(ASTM F2648). LU FILL:Suitable NEW PIPE Via; `' Perforations to face down. Ec,„� ADDITIONAL SCREENED Q FINISH:1.5”bituminous concrete E �-'` - compacted granularMAL t GRAVEL FROM MID-DIA OF toORMAL pcourse. - material NG DE "`,'^ NEW PIPE TOMID-0IAOF FOUNDATION AND ROOF SYSTEM CONNECTIONS 3 /" i EXIST. AT BUILDING OUTFALL LOCATION t0 W > Q BINDER:2'bituminous concrete - 12 FILL Suitable hand binder course. _' min. placed&mmpactetl / I— granular material /� SEE TYPICAL PIPE ZCU (n - Porking AraoTRENCH DETAIL Q L W optimal - O LONGITUDINAL SECTION J Q 0-1 N Cross Strip CURB:See Note 6. c - PIPE As spectfied V d O �'d� STAKES:7'x2'x3',8'oc. Q. C 6'min. * 1'-a' 1'-a' p J U C BEDDI Compacted ed select rql rd u it W HAYBALES I k SILT FENCE:Attach to stakes Earth v? gravel y,lu CU O BASE:3"compacted D+2' STAKES:per �, �diy .� Q -0 2.•x2"x3'per 4'dr i d O processed gravel. BACKFILL:Compacted Ju4°l;4, z - bale ff Iff BACK Compacted soil r p IS"MIN.FOR WATER soil from excavation 'I"u' - Z SUBGRADE:Filter fabric and SUBBASE:9" SEWER :?� AND SEWER -0'o4n rg FLOW from excavation 0 O LO as required, compacted gravel PIPE TRENCH PIPE -r CROSSING _ W Cl) SECTION _ _ ___ _ ` borrow _ - -- FLOW r ,� LL Ur TYPICAL PARKING PAVEMENT REPAIR 1.Plpesmatedalsand insta8ationshall j' ISEETYPICALPIPE " ,yyy y EXCAVATON:Embetl comply with the respective utility / j' TRENCH DETAIL B i°y.�i B silt fence 4"into existing m NOTES: authorities requirements. / / EXCAVATION:Embed 1.),M1;'p,4 1.processed gravel reference:Mass.Highway Specs..03.0(ty CROSS SECTION haybales 4"into existing il 2.Gravel borrow reference:Mass.Highway Specs.M.7.03.0(type b) soil y' 3.Bituminous Concrete reference:Mass.Highway Specs.Section 460,Class I,Type 1-1,and M3.11.00. TYPICAL PIPE CROSSING SILT FENCE 4.Tack coat reference:Mass.Highway Specs.Section 460.62. SECTION B-B PIAN:On slope S.All mmpacbon to meet 95%maximum dry density. _ SECTION .Job No.:2014-112 6.Curbing to match existing concrete curb as shown on Site Plan. STAKED HAYBALES NOTE:Silt fenm may he used alone or as a backing for staked Sheet No.:2 of 3 Details haybales as specified by the Conservation Commission Drawing No. SCALE:Not to Scale 9374 �p GENERAL NOTES B.MATERIAL HANDLING AND DISPOSAL:Native sets from hundafi......alio^b bo phced immemateN adj...I to WATERPROOFING MATERIALS CONSTRUCTION SEQUENCE .� this..lent of lxcavafion as shorn oa this approved Silo%an.Should makdal roquira to be st.ckpR,d for greater than 7 T. HighPolls-...%aid- fed Membrane Water fn E ECOLINE;sin la course,],'hb�ld, c^ d material shall be .d in d l noted stock h areas that am a m'nlrum al 100(eat from a dish-sd Resource AAP proo g: pro g 9 aye, pa eaB pr cldapDfied.mfa,borne poymer modified asphah emulsl.^;ctpable or poly.roller,and brush apDll.tion at Sits work shat uflhe the logornng S-slconshution seq..a..for Foundation Waterproofing System In o.ordano. 1.PURPOSE:The Purpose of thb plan Is to pr.vitle a^engneering design of the upgrcdo or repair of the existing Mea an the statism, ambonl t.mp-ens.;non-toxic and odorless:with..hlbr4ng properties when cured: by bultlingsexterior fo..divhn waterproofrng,y,hm In idtlli.n.shouts R. bidding bottling work proposed b.MORI 100 1. Spiny-Appliad:ECOLINES. Natant appmvah its^tl Ithe Toren of NorthhlIshir Conservation Commission antl the NPDE6C0nstr- (go feet ofa R-shasMea,this pan snag meet Ili.Man requirements far a Nati.of lnterd in as Iodance with the Vyetland, 9.EROSION CONTROL BMP,far the instagatian d the upgntlelr*pair dards ag....to-s hall be complelad and 2. ROIkrlBrush ietl:ECOLINE-R. sInerel Permit(CGP) da Slormmahr,PolMtbn prevention%an(SWPPP):laki,g into consitlorafen�oath*� +A,W conditons antl seaso.l changes. Protection Ast(M.G.L.Ch.141,Sad,40)and Toren of North Andover Weiland,R.1ohdi,n Bylaw, ins pa tad for approval.rnninum of R hours pro.l..nsirudi.n conmencement by the Town of NOM Mtivror 3, Applied Dry ThkMress:80 mite(2 mm),nominal,60 nils(1.5 met)minimum,unless spo,ifhd otherwlx. Conservation Commission.lno,m tion and main-ass al ar alal sa dml BMP,shall to rom W.di per the 4, Tansib Shength:32 psi(220 NPs),minimum,when tesktl in ace a-with ASTM D 412. 2.OWNER d APPLICANT:This spa N a,d.wrre,of the tuDlect propeM h AIMCO NOM Andover,LLC;SD Royal 1.SITE PREPARATION:Cleary identify protractor!Rasourro Meas an Ne pmpvM.4th iM Inshllatian of Permanent raquiremenk of IM Natiowl PoOdion Disdarge ERr,ination System(NPOES)C*mtruction General Pe,md(CGP)ab a ..I,Orye.NOM Andover.MA Di us. Sto„mraty,Pobdlon Pn-ohn Plan(SWPPP)on tls with the ovine.and the Town of ol-And....Conxrva5.n 5. Eall.li^-6Praalk,ldiad:4,14D 3.8Wp nsana.rt i tested ina.stltnc,wdfi ASTM D412. W<gand Bountlary marker. - n� Corrtrissbn. 6. Elorgaton-RoikdBrush-Appfed:3,60 per.nt mnimrm when tesktl in a.ortlams with ASTM D 412. y T c ]. Reshhnro to Decay-Spray-Appfbtl:4per.nt pe--nl loss,naxnemk when foiled n.-,danw 2.EROSIONCONTROL DEVICES:Inskn temporary erozonco^hot tlevisn an th.site..shown on the SMe%an QS, �� QQ U 3.ZONING:The subject propeM I-a the Reddantlai nRRkt 5. 10.POLLUTION MANAGEMENT:The nronaganni of sto-to,and other sour.,of p,.-tluMg.nstructio^shall wM ASTM E 154,Section 13. dnwni 1-5 adtlinonai temporary eroson control devices as may be required on as Mr sped.basis. 4.PROPERTY LINE6dEA5EMENTS:Exhting%awMlnes shovm aro from record plans,suppficd by Na Owner,and be provided in.siloa--Rn...inmate,Pallutio^%ev ri Ph.(SWPPP)as tlescribed n Not.9. B. RRiasm4n.b Da.y-R,nidlish-AppSed 9pan.N perranent loss.nvxinom.when tested.. a.PROPERTY LINES&EAS MENTS:amfi rrsk.No caM1in,ho,d,made re le.11 th rot.R.a i of lot h. show h ..,d,am with ASTM E Ind.Section 13. S.CLEARING:Mark ag other aces to la cleared.Gave al a1......ldsi.'sono c5on areas and protect an trees that m ¢ sioss. 11.OPERATION SbWNTENANCE:Th.a 1k,a and rnaintenanw of the foundalion.uh,pr..Rgsy,t,,shall be 9. Raslskn.b Aging:No 0hotnbsn tested In as.Manc,cath ASTM G 23 far 2000 nn. r.Y rerreinwindn c.mtrudonramas.Clearagtreaz,brush end stung.In.rasa n.wssary br ane wnsirudion. < Y 5.VARIANCES d SPECIAL PERMITS:The sub*t Is not sr bed h arty known currents drd.rah or provitletl in accortlanw wMh the Opembond Maintenan.Manual on tete mththv Tamof NOMAntlawe,C...I,.tion 10.Water Vapor Transnfission Rale:0.02fi grainsrsq R/hr(0.018 gfr sq m),maximum when tested in Remove logs and said-ad hom the ileo Remove tree laps,slash.brush and stumps from In.site,or chip antl grind I prop.M 1 lac P r Commission. cc.ndance with ASTM E96, these ruferlals for use as mulch.1 its.Demolish and remove all,imcb,.s,walla,ate.dezignafed as To be removed vorlanws, as wag as Dth.,Items as tl.agnatad by the ronsbuction c.nirad. _ 11.Water Vapor Permlanw:D.2l pan-(12 ngl(P.a.,m)),m.xirum,when tvstad in acco,danro with 12.AS-BUILT PIANS:Approvals roquire that as-bull plans be libminetl showing,among other things,an untlerground ASTM E96. 6.TOPOGRAPHY:SMI dabls d tapog,apry shown is b.I.d on an insth-as survey pofinrotl In January through diads,installed or di-da,dd.dr,Project so-hilon.Th.c.Nred.r shall insure that thsi lo.tons,nale,Ms 12,Hyd.Rad Pra.,n,Resisfanw:26 psi(i]9 kPa),minhnum,vfien testedna.0rtlanw with ASTMO 4.STOCKPILE SOILS:SIock lean led soils that are to bo ro-.ed o^rile in an area not subJeclh da^nehd pr ye.h,o M.rcIn 2012 by-n-as Land!Ca...heals,Inc.Vediwl datum is NGVD-B5, (tions and ahead....of all prior t.burial.Contrails stall 251 gos Shko in Thosarountl the perimeter.)itre stockpile(s)so askrdnimlae the pvkntlal far sRafon.SeOtl R. e sped p and stmcNrc,ons d difth,and stlr-,ed gteck les with. tl*.meNag.nstruction provo.d and ah untlo.me^ted WTNes and simchrte,a^countered by photographs,laid^ores, pi mponry 9rou. E T.RESOURCE AREAS:The Ra-lar Aaeas-dafineakd by Michael Turgean of Cornerstone Land C.-Itanh.Inc, I-Sties,etc.,.that they ron bo t.a,atey inducted on an AR-Bi Pon. 13.Methane Tra.ri-Appl Rate:0,when testedc a.ordann)with ASTM D1434. _ E In Rib-2012.The fangng-b.ted by i^sfirment survey by this 14.In scanarsh,Splay-Applied: 116th^clr(1.9kWm)to peel/r.m concrete and rrvs.my,wTe^lerietl 0 e In acwrdanse.tete ASTM G 836,C]94 mzthotl. 5.FOUNDATION WATERPROOFING SYSTEM:Fx.vato and poser wesNsand blast to deaNprep I.undaton for 15.Adhe,on-R.Oarlarush-Appaod:Minim,m]Ibf(nch(13 kN/m)to pwlfirom....vete.nil masonry.wlan apdbg to 11 h,pr*otingsy.-Repahany obanogo to rist'slio on d masonry rep apply da0r appy n wish of y E 8.FLOODPLAIN:Th,pmpeM h b.htl ins Zom X',areas Bete h,d to ba d.that 039E annual.hers. FOUNDATION WATERPROOFING SYSTEM paryfngbhgbuntlatun,AtldaboAR:RydIfing ihop fha(ou^tlationwan meall f(w hating.--nag, art spray on Roodplan,asshownaM as tlefned by the Fed lnsuranw Rata Map(FIRM):CDmmuniry Fanel Number 2500980W; tesfrdnaccorda^.vrJ],ASTMCB3fi,C]B4 method. elaslo,roric waterproof membrane.Appy tlrairagod pled membrane.install new tlni^age louMatbn weeping rile with prepared by Ne Fetlenl E,rorge.y Management Agency:tlahtl Ju,ro 2,1993. 16.Hardness:60.6S...n tesktl I^a.vrdan.with-C B36. M1dure roof tlmim cars^action,.Bac�g antl gentle away(pmbuntlatlo^.(Connection of Ure existing dovmsp.ds iz 1,Crock Bridging:No sackin flea tasted ins crarrce mth ASTM C Wit. snowed antl approval to do x h-nedd by the North Andover Conservation Commisxi.ry = Q TAI,sectio^Rs baud on Ne protluds antl zpedfiasnons of Epro Servbes,Inc.,.hien is looted at B w gree, (minus ) Z 9.SOILS:Soils oa in.silo have b.anctassif.dinacco,danro with rheEssex Count'NRCG..its Map-Version 8-dated PO Box 34T 10.Low Temperature Flexiblity:Flexile doom t.l3 tls F 10 tle9revsC at keel,when tested in iij August 11,2008 as:#70A-Ridgeb ay fine sandy loam,#TZA-Whitman loam,and#310A#3108,#311 B-Ass-dkin Darby.KS 5]03] ..cinch...with ASTM C 836. 6.DRAINAGE STRUCTURES:total tlrainage structure,and pentad them from sinailon by nzhloton of control tleviwx tone.ndy=8 Mod!...Iy,NIP Hole Testing was condutad by this d(.in January 2012 antl the resuh,a re In.- TO:(BCD)BB2-1896 19.Sullinic ad Hydrochloric Acid!thahhnce:No eRed wtt,a 10 percent soldion,,fi,n fisted in e.ordan. and by sin socks.ithin inial grate.. - - 1. in this N PDES CGP 6WPPP on site oath the Owner. Tel:(316)262-2513 with ASTM D543. - - I.:(316)262-2529 ].DRAINAGE CONNECTIONS:Conned ah proposed drainage outlets as shown o^rho SRa Plan.If F.untlatron > H additional R.dud into U. Reinhirs-rd Fabric:Epro POLYESTER-160:polyester spun b.d had,i,a tvxlil*rldarial.mp...d of Drainage and Foal Dmkh.ls,ythh,is proposed to conned to an existing drain basin-it'the Fundi-Iray of the K 8, ID.DIMENSIONS:Designations shown a,'min:D,na-'ony indi.lathat Ne dimension Shawn is spsicif.fylimited.It tale fber,htlreull.11 tan led.which is. dof 100% Nester. _ should not be-hrodthat the dimension.,to Iinmally increased or tlesaased.respectively. E tls ushi.ninered zolulions(or-a-antl bob de..ter fin latd.ha.In atld to z P Y Yen 9 ^Pose Pa xisfing basin and Piping by lnsp.dlon.If FDundafiOn Drainage and Rool Drelnag*6ystemis proPosetl today f no, ` a pro provi e c e g e .gra proo gepP V. Potyethylene Chains,Pon.l:ECODRAIN-E.3 tlimenzi.nal mDldOtl high d.nziry poyethylene composite No anexisting lantlsropetl arca,v.ri,that the outlet location is fr*e of obstructions that might inhibM the Row of WcZ; 23 waterproofing basement and foundation walk,Epro'„,sten..tre suitablis h,critical appiiiltion,such as tunneh, Q a panel;nan-bbtlegratltble;with Dermeabk ge.i.xtilo heat Dantletl to drainage 11,DETAILS d SECTIONS:Nibils antl sections shown on sheet D&S-1 show eeifieal dimensions,materials and blind-side waterproofing,under slabs,Pianists,and decks.Epro's sprayed-1 erpree(ng adheres h--h,masonry,'-firs, asonry, drainage care. shrnmabr. U o '-firs,required and are intended to allow nexibifty b-anetlate comp*nenh and matad.h provaed by vara wood.and nsdatad as-as far=.Mai^age,.n�l,and gaomemdanes la,-sownd and third hys,water 1. Ven.lin-%ane Ari Flow Rak:5.1 gpMft wain(1Ns/m-I).M^imrm.when tested n..loan. u k The.seer shall i^sure that all nmt*dish and co ds and their inshlatian cam l win thea I bla"s with ASTM D 4716. e.STABILIZATION:Floral gmda.1 dial-d areas in prepamtu^for Rahh rmterids.Appy the btunin........rete s pp'e mpona O Y ,pica resistance. h der course antl rini,h on-a where pr.,ased.Install actditonal temporary erosion control tl.vices as regdrad,Appy regdrihns. 2. Cora: fnizh,mferkls(ego I.am S seed,rrukh,crushed rock rip rap)M areas not subject to brther tlisturbanro. GENERAL Compressye Shergth:5,200 Pat(249 kPa),nm,imum when tested in ac.rtlanw w,th ASTM 01621. 12.DISCREPANCIES:Ushallb.iM,cap*nzN*tyofth.appF.^tton.tfythedesignengi^.erofanydiscr.parrckz b. Ttdcknes,:0.314-V.9mml,whenteshnfina.ordram with ASTM DIM. rh IN,-observed told.nditions and wrdithns id-ted on in..plan,,beton.pro.eding wfth comtrucfion.It SUBMITTALS 9.FINISH:Appy finish matedah and lantlzrope ali remaining dkNrbetl areas. n shouts be n.-that Dnty*no hop bahstiian hole eras complekd per bolding.There tons,sustuft.conditions and 3. ;abo:Palm- pyl Wo t',-1 fountlaf.Nf..6ng-instruction may vary. A Product and For each,pr of waterproofingm,far submit,pho ring.as boattl technical dish,testetl ASTM Di 4491 Water Flow Rale:55 gpm'sq M1(3]IJNsq m),minimum,when tested i^a.ortlan.with �T� physbal and ped.nmance pr.pertbs,instrud'en,forevaluating,preparing,end heating substrates,and ASTM 04491. 10.CONSTRUCTION TERMINATION- ¢ntl of ,..jail Clea^allam,mulaMtl xtliment and deb,iz installation Inshudf-. That has been co 11 aft, dby the temporary thas.^trot deviws,lariat the estone rip rap as shPlanting List. own on this final sits plans, -ad IsId 13.DESIGN CHANGES;D.oration(r.mappr.vedplansis,0ip-mtibl*without lheconseMoliheapprovalauthpritiea b. Permittrv'tty:D.]/sec.ntl,vfi.n tested lnacwrdance cath ASTM 04491. L.af.x[ile hbrb on eke slounbaoaarnas.F.stub7etrocnanneletl gow�lRemOve ag olhe�conlr.l dee ces arferthe final or and design engineer. B. Shop Dmwings:Drawing,prepared,,,,ifaoly for this proJed.showing locations and extent of.als,-ling, R. Apparent Opening St.:70 shoo sl]*,.fien tested in a.ortlan.with ASTM D 4751, gala p pas areas, nohils for subshato joints anticrackz,sheet fiashing,p...Indiana,and terminafiDn.nr ions, d. Elar,,Uo^:6D Por.^l,chadnum,vAr.n tasted in.-rd-with ASTM D 4632. a.d.ws have bee^stabilized. cr a c 14.CERTIFICATION:CINIfkations i,made regarding the shat*d purpose of this ph,ally,as given in Note 1.This plan C. ..-I,:Brbant Nro samples of Nich or the hH.Ang: e. Bursting Strength:14D psi(0.96 Mpa),mInimum...at...d i^assordan.with ASTM D 3786. '✓"�°' L shaR n.I bar used for an the. th*dthe Htfin ronzenlof and,tiune Land Consultanh,Inc. L-- yo purpose.e 1, Eltshraric waterpm.f membrane. !. Breaking Load:130 Rf(5]BN),minimum whe^tested in ec.rtlanca cath ASTM D4632(Grab � CONSTRUCTION NOTES 2. 'hirdrem^a^IL lentil.). mu -o 3, Joint r f all-r.inS strip. R. Pandora Resisfan.:4D bf(1T8 N),mini m.hen tesktl In acwrtlonro with ASTM D 4833. ^ a a a D. Imhlhr C.dir.ti.n:Cedif to slg,wd by mon dristse,wrtiryn9 installer quald.tlons. In. Tear Rosman-60 Rod(26]Il),mnimum roan tasted In-don.with ASTM D 4533(Impezoitlal Zj O J y' hen,. U c o 1.TONM APPROVALS:All.nsWcti.n shrill.npN'^ith the appraral tlocumenis issuetl by th.North Andomr QUALITY ASSURANCE - a Com rvalon Comrisson and Nis oKw.Approvals requlrD that the a.ner wardinate-the--rd, W.Joint ReiNordng Stripa:Mandactureis,ecommentletl p.rypropylono antl poly.,ter hAric. ..--1 � RInarnarrid,r,and do,,oraenh.Approreh.ualy include additional conctitions not shoo..oa the,ubmlhd plans or E. Inzbik,Q.1in-ons:Engage an.xpslenwd lnstaller.fio is.Nfied in biting oM app al by O V a docum*ds.Theo.nerlcontractor shag coodintb W.all eppli.ble adhorkes antl shall i^sura that oU contlgons of waterproofing ranuf,dus,for Iho Installation of the,p Rad watery-hq,system. X Joint D-Ring Masfic ECOLINE-T.high viscosity,.Nine.motlifiatl wetor basetl asphalt m approvalare ln.rporabod..to an plans antl dosrm.nh or ore.thervis.transmitted to an contractors.The folowingis a F. Preinstallation Meeting:Hold.pro-lastallation meeting prior to appf.t.,of.v,F-fing system t.ensu,* Y. Backer Rad Cl...dall polyethylene foam v CSS e list of applicable to.offices: �] d proper,substrate and installation ronditions;require ailentlanw of.Nracl.r.nd applicator;i^via Owner, EXECUTION CONSERVATION DEPT,-(978)BB6953D E,lh-and,pedal Insla,-,Many. ENGINEERING DEP(.-(9]8)685-0950 G. Mock-Up:Appy waterproofing system.iW fast I-sq m)of n....to demonstrate soda. EXAMINATION WATER d SEWER DEPT:(9]8)685-0950 prepmatar,joint and-,,ktri-nnant,th;ckneza,texture.and slantivrd of workma^snip, Z. Examino aubsirates.areas,and contlitions antl.,which w410rproofng syderrt all be applied,with lnsb0or „ p� DEPT.OF PUBLIC WORKS-(978)685-0950 1. Notify Cwner tno En9lneer on.week in advance of this data s antl times when.rock-up edit be prepared. prat*nLforc.mpfance with requiremenh.Do not ps-wit,instollalion until unsatisfactory conditions havo HEALTH PUBLIC OAR (9]6)688-9540 2. IfC-IlEnlinsordetermines that mock-p does not moot aqui.*runts,reapply-arp-ting unfil bv.n..redact. BUILDING DEPT.d ZONING OFFICER-(97e)68&9545 mockup a epprovetl. PREPARATION 3. R,hinand tmbdn epprovetl mockup du ring contractorsnundistsbedwndition.standard for judging AA,Clean and prapare foundatmn-11,antl(iarl,q ding to mandadureh r...annendztio..%.vide clean, .mplektl wakrpr.Dfng.Und.-Rod-skN prmybrconnpad.ltbe completed.0rk. dust-ftee,and Cry wile.,b,-,,pro.fing application. 2.INSPECT IONS:This cop.sffa shah contact alltown authoritio,antl other,rival..lite authorities prbr to construtbn to.hadda al requlretlinzpvctions and lo.fonalurvises. DELIVERY,STORAGE,AND HANDLING BB.Mask.R atlj.ining suRacez not rawiving w4terproafing to prevent spllag.ar*ver spray agoNng other H. DDliver mahrvh to site bheletl with non-Isis,no.,produd brand name and type,data or hrolVInae, wnsWction. 3.UTILITIES:Known existing uha,rground WINes are zh..n on N*plans.A defemination az to the axisfenro of any shote irks and directions or storing and mhirin mth other comp.nenh. CO.Cbz..R deck drab,and other deck ponvtrebDns to prevent spilt g.and mgratia^of.annpnooring gids. V .in.,und,,-hd Widiss has nal been nmdo and ihv.mons,of same is rw1 impGetl or intended.This o.ner or dphotostat!location and within J *nhad*r shall.ntad Na ftrities,inckdin DIGSAFE,to vvd the location of all exhtin d* d dliha I. Storemoh,ri rings required by wak,-rig manuoclurer.Proto, ry, DD.Remove gants.paints,antl other J proper au g y gun .groan grease,.l,fon..rcloaa.a penetrating contaminants from concrete. d. � and st,.du,*a prior to.nshudio^.Utilities not marked by DOSAFE sna116sf lh,,located and idenIR.d1 by a third temperaNre range requiretl by wutcrp,00fing manufachrer.Protect sto,<tl materials from dirod sunfghL paM gsery ro. 'h J. Remove and tlizpozv of malarial that ca^not no appfietl withi^its daletl shelf life and regia.. EE.Remove fns,ridges,antl other pr.Jec ions and fill honey.mb,aligraiaro pockao,grad joints,do h.as,and O N 0)O batting Th, that tho a,rdinw of�nd-..remind rhli line or structures is t � hightyprobable,and should take care during*.-R..,and be prepared h make spam as^*cersary at own expense. other voitls cath Joint detalling.,esti..hytlroufc romanL or rapid-sotgrout. C N >Q Is,!it,,euth.ritiesshalleIs.be..rutted lar lho],rasp*cdve sp.ifi.tions prior to installation or..pair of all utilities FF.Prep.a end treat vortical and hails.list 9D degree Wanninationa,.dge isanniplians,penetrations though Q V' 0 In.-'General specifi mna irval belawshallb.hilavred unless shown otherwise oa the plans.A final layout and PROJECT CONDITIONS waforprooMg mofvrlal,Ix ponsion,mts,cracks,drains,and sl- --din,b ASTM C 898 and L tlXVTAna.slTER b**pPr*vetl by appropriafa approval aulhorilree f.r..rk on utilities if newssary In rho wsD pia repair. manufacmrera r.romme^dations. (n > A WATER:WSters tem makrlals antl inahllttion shalcom Ih the Marlbor*u hWatvr De t. .cifi.ti*ns. K. Protect atljaront are^,loth b.wtterprookd.Whet.newssary.appy noshing to,.*vent staining of sud*cas t > Ys Pym g P tp t0 remain expo-of-r-r membrane abd,to in.,raisin 116-1. GG.M...h a to.1.los trarrh ,apply f,0-as fpint danding conal.; ad joint reinforcing ship In first at ad N lV � O 0 O Inshnatlo^Shan also comply with His Marlborough Board of Fire Engineers. as Nall.,coat entirely..ening the embedtletl joint reinforcing strip ensuring.mplete sateation. a Z- B.SEWER:6e.enga sysfe,ro makrols and imhllbi.n Shan wmply wMh th.Marlborough hewer Dept spedfcations. L. P¢R.rm work only when*.fisting and forest weather wntllions aro.thin mandadureys rawmmentla5.na n � 2 O TQ for maleritlande 11 l thod used;,rinimumamaenf loin t h45 degrees F. I. 90 Degree TerMnatiom,Vedkal and Horizontel:6inches(150..redo each sitiv. C.ORMNAGE:DraNage system makriah aM nshllaton wmply carp zlantlard engineering genetic.roqunements. pp.ion me ,era ora 2, Penetntlons,Diaim,Sleeves:6 inches(150 mm)mdi.s.-nd pshorati-and 3lnchea r!5 mm)onto Q� O. V D.GAS,ELECTRIC,TELEPHONE,CABLE:Makriah and inshlation shagcorpy rrith the sp.ifi.tions tithe yy RANTY penetrating object. 0) 2 ctive private Wily adhorMle,.The edstng gas lino shown-I app.--..knit only and must bo- d. 3. Joints and Crocks:6 inches(I 5 mm)wid.on-h sitiv of jainVcmck V¢ O O respe E.LAWN SPRINKLERS:Span-oyst*m nateriah and installation sPrcir-tons Shan be provitletl by AlMCO M. N-1Wammdy:Th,,pedal weranty spedrretl In this Mt,[,hall not depr'me the Owner of ft,nights the t (n a Q W Z Represanhiye. Owner may nova under other pr-i-of the Contrail Documents,and shag b,in addN.n to,and run Remove dust and did ft- and sack,In t.vrdance with ASTM D 4256 prior b wetirg wrrcurrard With,other warm^Gas,rodeby the Contractor antl.,requirlmeNs of the Collard D hronh. zudaw,. N. Provitl.mitten erten tl t fin Idurorandnzhllera I b. Joints and Chh-G,eat*r Than Ill 61ncM1(I.5mm)1,VYdth:Prior to applying joint delviling mastic, 4.EXCAVATION PERMITS:At[ greater than three(])hat in toplh require a Trench Pa-t. 1,iS..by wa erg,*. grana. 9reaing(o rkpai,or.,In. rod 0d pirb-k,install th-rrod and sea la at to bring gush to sort... .ate,proofing That tas,not meet requirements or that do not remain v btr fight within Ne spthonad warranty 5.SIDEWALK REPAIRS:Any required side.alk excavations for the installation of the propozetl fountlali.^dein system period, HH.Secure and p,.ted plumbing,*I*ctric,L machankal and simctural it..to b*.,hr or passing through an tl ronnaclions to existing drainage to be repaired in kind So*sitl.waR repair tletail. 1. Warrant Period 3year,after data of Substantial Cie-la�ion. waterproof merrbmna prior to membrane appli.ti.h. 2. Wtrm,ty doa5 at indudo hil�r.If,astpro*fing due to failure of subshah or formalo^of newjoinls antl WATERPROON NO APPLICATION B.STAIRWELL R EPLACEMENT:MI exiztin tairwDlls to be removal and die tlof I Install now tucks in subshab fhetI-ol1/16 Irish(1.6 mm)in width. g Par ass pose proper y. It. Mu and apply materials in accortlanca with manufadur.is instructions, nn)� P=t moAIMC concretenoth,ni^kindpar manufacturerspacif.lit Contractor,,pn.vM,slairncll,hop PRODUCTS cel/ drawings to AlMCO reprase^hove and engineer prior,purchase and instigation rot approval. JJ.Do not shit wakrpro*fing installation u^til mm�ufaclure(s leennical roprosantatrve is present MANUFACTURERS KK Col .aDo-acing to sudaces according to manuladure(s recommendations aM tlehils and as indicated in w ].BUILDING IANDGCAPING:C.ntracter shat be rasponsbkto,the,ephwmenf of of tlhhrb.d bad scaping.^site O. Attephbb Mandadurer:Eplo Waferproofirg Gysterrt.whbhbb.letl at P.O.Box 347;Derby.K56703]; Contrail Don.rtrenb. `V � Q Curr,,dranage inthnatem For each building,al,ninimum eight(8)pla^Ings shall be pla.d an fine front sight(8) T.11 Free Tel:-.2-18%;T.1:316-262-2513;Enrol:re oast info(......(-Lia,,)Web: Gc' plantings shall.phaad n the mar:th,ev(3)plantings shall ha placed on the right;three(3)plantings shah be placed an mwv.eorosen.comg LL Appy waMrpr.afmg by spray,unksz.therv4ze i cared,arthovng a rainless membrana hes of enhappvd Z'm U) 0 G this kkF.al dant types to be..,anand neem ARMCO,.puxrialki pd*,to Pu aa,and phsah, RPlantings shag gars. mf be brotetl untlee bale*nos,in hod of wMMom,on bloukirgaszzsb air wntlitoning units or.therNnty dem, P. Regrosiz for subsfihti.ns Il be rcquirctlto be sub,riUedblho O.nerand Engineerprior to Wrshase sed us.. I, If dearorrca from sudaces is less than 24 inchea610m lel N Pf subttithGon,Shan be%o,kht!to O.nar and Earth-in a subnithl package wn,hRhg of gre nationals ( m),ma rrg spray app5cadon d cvf,roller L �W/ ren-ra,lNormmi.n,produd spec bans antl rrotsrml,safety data sheets and.mple,, apphcotion is-ptabk. LL (v > 2. Spray AppG.lien:Apply an,sprey.at to a.bl-Nll,,adfed lhkkrass I1 L) O Q. Sings S-aa:Obtain IN waterpla-1 mdedah and syshm.mpona^ts from a single rennuaara,hr. 3. Roller Appg.Gon:Appyii^imtm of iw.wish to asid...full specifetl thickness. Li J U -a WATERPROOFING SYSTEMS MM.Drainage Panels:Platy and score panels to substrata according to mend nn's miilen ins-lir.Use O R. General:Pr.vitle waterproofing zyskms that,rarenl rho passage of liquM water antler hydrostatic pr.sure adhesives ad."'ho sni'I(.heet gashing that does not penetrate rraterproafing)as rerommentl,d by LU O which comply.gh specified physical loa,v.menis as demonshasol in testing p-,rod by lndvpendenf had nn-din-al.O+edap edges of tlimplad rare and v^tls*f ge.<extile to mainhi^.nfinuih.Protect inxhgvtl � O O ,q-,,Win hranufachrefs current waterproofing lar-Ith,,s and system design:use m Rnkh o,acifiatl portals during subsequent construction. below, NN.Install drainage hie at loot of...h-11 withod a fooling or level.in by of loading wffi su(61-p-bin bar � C) Z S. Fou^dation Walls Not Mora Than 12 Foot(3661)m„d BoRs"Ids:Usa sp,,if,d nmtarW,In tolloweng stone ins shfion extandinq to I-siugo system or to daylight at b.er grade*bvotlon. O LC) arnbly: FIELD QUALITY CONTROL 1.O L`7 13 Co.Ship:Ronsappfied hg], do Is guidappGetl membmne.akrpra tai 20 cols(O.S mry IL thane thkkness;Po,ez'ar Reinhrwmenl F'abdr,Roger-applied high pedorran.Mida"Fad CO.Verify thkkness of menCmw using a I'gMly oiled.^India nese sail],gouge,taking bur(4)raadargs over a one urbane.ate';"h g;M.site(0.5 r,m)no nal thickness, square Bait area in every 1 W squat.kat(25 mm sgrura area in every mote.square arca,.Ra.rd the Q L Frsl Course:High pvRor,ca^.IIUM-appf dmembrans nob,prIsfing.60 mts(1.5 rnt)ramnal thkkness minimum rearing.Mark tet.roan bar repair if r,irilnum,eatli^g i,bebw,nnimum speWred Utkkrress. J .,..go when wet iinfmum all H!,(1.0 mm)nomntl thicluress average an dry. PP.Patch dahka ttest trees-adraiianrl.ate,%odNg to ai,hish.spsicded nininom dry thickness,....IN m 3. Gasohol Co.-Potyettrykn.dranaga panel. shod-of 1 nen(Z5.4 baY.rd th.test Foil-tor, CURING,PROTECTING,AND CLEANING CO.Cure waterproofing asondial to rre^dacturefs m.mmanda8ons,taking case Is parent sontarinaton antl dvma90 during appr,.t'an stages and.ning. Is RR.Cl-spillage and Rating hall adpsill construction using donning tgenh and prowdures re.mmendad by Job No.:2014112 manufacturer of aftectetl wnshu<tion. Sheet No.:3 of 3 Drawing No. 9374 + t LOCUS =2 Y a� ao v 3 3 \ >e 122? 7i E 'FOUNDATION DRAIN: �J`: +���, Al i� I/ o Set highpolnt of 6'HOPP __ i;_ drain line at farthest point from o W et location.Pipe 1, 23 crown[o be set at lop of 1/ footing and slope at 0.5% in both directions to outlet (See Detail) Building 47 105'x 57' 9Qd4' lit. 1-21 t \ � APPROXIMATE TOP OF l �- FOOTING AT TEST PIT: `L _ a W 1--1: Elm 03r r (See Sheet'3,Note 12) %'` i / L- \ -_ 25'Nb DlS7UR8 ZONEcz G _ " z� a P� U `s {i O 'dv �� 4, _ �.. i oIl / cz J _10 10 �vz 0 o: � 0 ( .. DRAIN BASIN A: O ... YN� 9 RIM=256.06' ,o I I 52:. C •V 100'BUFFERZONE - -_ _ / � A U#7 IN J 1T HDPP i J - a AVEMENT'. .. N APPROXIMATE TOP OF \ m ri"fir ` REPAIR O O m O FOOTING ATTEST PIT: 'rr' ^ e De B#4561 _ ¢ 2 Z e Elev:251.75' "� �c+n, >v �```' ...�, - \ RIM=25554' p >.Q F. ° (See Sheet 3,Note 12) \ \\ ;.��A�'w \, i'' INVin a)=252.94'4"EMP W LU n U r Se tail) .� � ( INVin(b)=25040 4 CMP U Q p O IN.Vouffc)=249.64'12-RCP U 0 o- Q r0 Z f Building 46 i' a vv /////6 8A51 B / 106'X 56' yA 0 NIM2Vin(A)=249.76 A)249 75' c, ��;;o ^ ' r OUNDATION DRAIN: " cm INVn(b)=249.50 (n / - Set highpointofEHopp r J�/ INVovi(c)=249.40' SITE END ;;,,r -� drain line at farthest point / .r �yi ' Existing drain line from CB#4561 Q from outlet location.Pipe to run through Drain Basin. EXISTING PROPOSED cram to be set at top of t footing and slope at .5% __-- 100 _--_ GRADE CONTOUR W '\ in both directions to outlet \ ! (See Detail) \ —p oo— DRAIN LINE .> RCB 8 M CB CATCH BASIN ? W Q pO DMH DRAIN MANHOLEj ❑ rn SMH SEWER MANHOLE a J V -0 A\l; /. / (/�� ❑E ELECTRIC PAD/STRUCTURE W O cv;T Q ca 0 9 •• _.... ...`,... U DOWNSPOUT ~ 0 -t-, - WETLAND FLAGGING O Z DEEP OBSERVATION HOLE 0 f` Site Plan FOUNDATION WATERPROOFING SYSTEM LL (7 Existing Proposed TEXT SCALE:1 in.=20 ft. WETIAND m O HAYBALE GRAPHIC SCALE(ft) FENCE o 20 Job No.:2014112 Sheet No.:1 of 3 Drawing No. 9376 E 3^ FOUNDATION 24"SOLID LOCKING COVER: E CRACK SEAUNdath, wall to SURFACE TREATMENT:As Specified Contractor to prepare foundation wall to See adritional detail r aY accept Foundation Waterproofing System. 5116-18 X 1"LONG HEX BOLT learn 8 ase-ed, - EXISTING GRADE: ZJNC GOLD STEEL 2 PLACES moment - . Slope finished grading away from CONCRETE COLLAR: 18" 18" builotng at a minimum grade of 2%. 8"Minimum thickness - -_ '�� BASE MATERIAL As EE E Specified c� SPRAYlROLL PPPLIED 100%SILICONE CAULK - ��L ad ELASTOMERIC WATERPROOFING MATERIAL 24'FLAT RUBBER GASKET ' m m - - pa granular ECOLINES or ECOUNI applied to a 40 mil thickness 1 P o when dry. 24"COVER FRAME I o = - material DIMPLE BOARD: __ 11 ADS N-12 ST 10 Solid Pipe c'3 ;� - 12" FILL:Sugable hand E-Pro Ecodrain-E or a =1G�{ quivalent -�. (ASTM F2648):To CB#4567 min. placetl8 compacted m a Y a ' granular material BACKFILL EXCAVATION: Clean granular fill or suitade 1YT EXISTING INTERIOR _ _ •� v native soils ter_"'_ SLAB ON GRADE: 17 ADS N-12 ST 1 S Solid Pipe i 7T ADS N-12 ST 1 B Solitl Pipe o PIPE:As specified a - Assumed location (ASTM F2648 From Buildin 46 (ASTM F2548 From Building#47 c $'C 6"min. _ EXISTING FOUNDATION: �L� ) 9 ) BEDDING: Poured Concrete '_�� j Compacted select E e�9 p DOWNSPOUT COLLECTION PIPE � DRAIN BASIN#A Earth �, gravel o 6'ADS N-12 ST IB Solid Pipe(ASTM) 8M) SEALED DRAIN BASIN FRAME& �r N PIPE PROTETION0 E El SOLID LOCKING COVER w C : � :" m Wrap pipe with Geotextile FALL:- -c: , ,, PIPETRENCH z, fabric prior to washed stone installationcSECTION0 DRAINAGE PIPE: v � NOTES: 6"ADS N-12 ST IB Perforated Pipe 1.Pipe materials and installation shag (ASTM F2648). + 24"SOUD LOCKING COVER: m DIY respective unity _ - m with the res ti CRUSHED STONE: - - CANT STRIP: See additional detail authorities requirements. 6 inches of 3/4"-1 1/2'clean washad crushed Bevel of hydraulic masonry cement; stone around all subsurface piping and on top One mat of Emline-R liquid applied membrane; 5/16-18 X 1"LONG HEX BOLT e effecting Install I Polyester-160 Fabric; ZINC GOLD STEEL 2 PLACES "r Second mat of Emline-R liquid applied membrane; CONCRETE COLLAR: 18" 18•• I o m 8"Minimum thickness FOUNDATION WATERPROOFING SYSTEM 00%SILICONE CAULK LIMITS OF OF TRENCH EXCAVATION 24"FLAT RUBBER GASKET• EXIST.DRAIN OR U c 24"COVER FRAME I UTILITY 9 i 17'ADS N-12 ST 16 Solid Pipe 2"x4"METAL DOWNSPOUT PER OWNER SPECIFICATIONS. i (ASTM F2648):From Drain Basin A =3s (NO CONNECTION OF EXISTING DOWNSPOUT TO NEW SYSTEM) NEW PIPE 4 ADDITIONAL SCREENED O Li c 12'RCP:To CB#4567 i 12"RCP:From CB#4567 NORMAL GRAVEL FROM MID-DIA OF Cd>[� 2"x4"x4"0 DOWNSPOUT ADAPTER GRADE NEW PIPE TO iOF ] r-�-i E / EXIST.UTILITY 4"ADS N-12 ST 18 / a ° DRAIN BASIN#B / SEE TYPICAL PIPE W �+ r: O $12 SEALED DRAIN BASIN FRAME& LONGITUDINAL sEcnoN TRENCH DETAIL r, & 4"FABRICATED HDPE ST DBL.MITER 90•BEND �/ FINAL CRADE. - SOLID LOCKING COVER C — a. Cd Slope final grade material away ADS 6'x6'k4"REDUCING TEE o from structure at slope of 1%or greater. a w DRAINAGE PIPE:6"ADS N-12 ST 1 B Solid Pipe(ASTM F2648). u _,= 24"SOLID COVER BACKFILL MATERIAL Native Soil 18"MIN.FOR WATER 24"COVER FRAME SEWER _ AND SEWER f EXISTING INTERIORSLAB ON GRADE: PIPE PROTECTION:Wrap pipe with Geotextile DRILL 0.343 THRU GRATE ONLY PIPE CROSSING 'o : COUNTERBORE 01.00 X.22 DP Assumed locationfabric ---_ ^-. —_—_ prior to washed stone installation 2PLACES Y-`+ t,4 b - I �:_, /./-.✓.11—/i J�'%// SEE TYPICAL PIPE TRENCH DETAIL CROSS SECTION J u7 J . m TYPICAL PIPE CROSSING `r DRAINAGE PIPE:6"ADS N-12 ST 1B Perforated Pipe(ASTM F2646). 0 Perforations to face tlown. CRUSHED STONE:12'x ed one- 5INC G X D LONG HEX BOLT c N o 0¢ 7-12"Clean washed crushed stone ZINC GOLD STEEL 2 PLACES� 3 � 0 t QOM NOTE:LOCATION OF LOCKING DEVICE MAY VARY DRILL TAP 5/1.257 THRU 6-18 THREAD U v t > SEALED DRAIN BASIN,SOLID FRAME& 2 PLACES 6"FABRICATED HOPE ST DBL MITER 45'BEND Q Z U Oo FUTURE DOWNSPOUT CONNECTIONS AND DRAIN 6i 2 0 > LEADERS SOLID LOCKING COVERDRAINAGE PIPE:6"ADS N-12 6"FABRICATED HDPE ST45'WYE Q H n O ST 18 Solid Pipe(ASTM F2648). U Q d C�O C/) a ¢�n Z POLYESTER 6"REINFORCEMENT 20 MIL ECOUNE-R FINISH:1.5'bituminous concrete top course. DRAINAGE PIPE:6"ADS N-12 ST 1 B to 2D MIL ECOLINE-R 40 MIL ECOLINE-S OR R BINDER:2"bituminous concrete Perforated Pipe(ASTM F2641 LU binder course. Perforations to facedown. F- - - P0r0g�0 FOUNDATION AND ROOF SYSTEM CONNECTIONS I �{6' g�Str;P CURB:See Note 6. AT BUILDING OUTFALL LOCATION ca W > Q Q CU C/) 0 � Li Of N N /( BASE:3"compcted 'J U N O TOP VIEW CONCRETE WALL / processed gravel. j 1 0- ' ...// STAKES:2k2"x3',e'oc. J �..� a SUBGRADE:Filter fabric and SUBBASE:9" W•2 Q (4 Q FOUNDATION REPAIR-CRACKS UP TO 1/8" as required. compacted gravel I.—a"' >' >,t borrow SILT FENCE:Attach to stakesM O O 1lnb�i (n 70 �. Q_' �O POLYESTER 6'REINFORCEMENT 20 MIL ECOUNE-R TYPICAL PARKING PAVEMENT REPAIR BACKFILL:Compacted soil HAYBALES '4rolu r4 r O Z STAKES:2) y, " LO 20 MIL ECOLINE-R NOTES: from exmvation 9 7'x2k3'per i'.t,� 4, 0 40 MIL ECOLINE-S OR R bale BACKFILL Compacted yuye yl, 1.Processed gravel reference:Mass.Highway Specs.M1.03.1, soil from excavation "Inb'I LL_ 2.Gravel borrow reference:Mass.Highway Specs.M.1.03.0(type b) ' FLOW 0 3.Bituminous Concrete reference:Mass.Highway Specs.Section 460,Class I,Type I-1,and M3.11.00. 4'�:F 4=q,44Tack mat reference:Mass.Highway Specs.Section 460.62. � EXCAVATION:Embed _ LOW �,4m I..� 5.All com ction to meet 95%maximum d densi silt fence 4"into existing - { 9'6.Curbin�o match existin ry ty yVr�+g g concrete curb as shown on Site Plan. 'r,1+ soil :7.l.. .. .. EXCAVATION:Embed B yi fg I��il B SILT FENCEhabales4"inoexisti SECTION selyl 9 r Job ND.:2014-112 BACKER ROD AND/OR TOP VIEW CONCRETE WALL Details NOTE:Silt fence may be used alone or as a backing forstaked SECTION B-8 PLAN:On slope Sheet NO.:2 of 3 URETHANE SEALANT haybales as specified by the Conservation Commission Drawing No. FOUNDATION REPAIR-CRACKS 1/8"TO 1/4" SCALE:Not to Scale STAKED HAYBALES 9376 w � s� GENERAL NOTES a.MATERIAL HANDLING AND DISPOSAL Nati esobiomloundatianaxnvaWn obeplandlm vtllateyatlamntb WATERPROOFING MATERIALS CONSTRUCTION SEQUENCE a e Ue mnUM o!exnvatlon as sM1own on Ue approved Sils Phn.Shedd mabdal require b W sbckpgad for greater Nan] `e days,,m/erlel shag b pU.d U easgmbd stock to arae,that are a dnlrtom.1100 Net from a defineatetl Resourse T. High POOO,name FI-Awlad Memb,m Waterproofing:EP"ECOLINE;SINS course,high Dupe, P� WpPled,mbrbome polymer,modifed asphalt emulsion;npabb of spray,roller,an bm.h aFpanhn at puryose o p pro ng g 9 Agra pair of On,extsang Area an the wMeM. anbloO k tures;nan .I.and odorless:with that fo1bM Sla­k 00 off a the NO-,general comnrclion seq -for FOaa abn Watorproofirg System F accoreamro E� 1.PURPOSE The f ties len b to eke an a inaedn design o!the a De or re mpem ng propeN,.when cored: with arty approved iesueE by the Tom of North Akwer Com.-ler,Conner,ion en int NPDES C.ntmcbn S_ WndUge'doctor NundabnvaN,o,ofin,system,In addifen.,hould na syacC bulking work prosesed bs-nthil 100 1. SprayAppfied:ECOLINES. 10 feet of,R.......Area.this pill1h.n meet the fifn9 requlrcmenb for a Non.of Intent In accordance th the Wallen. 9.EROSION CONTROL:BMP.for the-nation of the upgrade/repair drainage,yet,-Shan be completed and 2, RolIanBrushAppIIO1:ECOLINE-R. General P.mil(CGP)and.Star-.,PollutionP,ventiOtMan(SWPPP);baNrg intoconsitivrabn emend, PrOOSO.AO(M.G.L.Ch.141,SOL In)and Ta-or North Andover WONnds Protection Bylaw, hspaded ler approval•dNmnm ol]2 hours prbrb rnmtmdionrommnnrmnt by na Town of NORh Mtlovor 3. Applin Dry ThkMesa:80 rags(2 mry,mminal.EO m0,(1.5 pronitbn,and seasonal than,,.. Comervatian Oommbsion.Inspectlon and mandoean.of erasion wntrol BMP,shat be completed per the mry ndnlmrm,unless s,,Oned OhO wlse. I OWNER d APPLICANT:The appikent ark a_,.,the subpd property is AIMOD NaMAnov<r,LLC;50 Royal requkemenb of the Nadaml POI_n Dhdp Egminabn Sysmm(NPDES)Cembclbn General Pamal(CGP)an a 4. Tonle ShaVO:32 psi(220 kPa),Mnimrm,Maty baled In eco--with ASTM D 412. 1,SITE PREPARATION:Cleary keMyy%obectetl Raa,rea Also,on that%.pdy Mth Oat hsUkation 0 Pemennt Bbmmal.r Pofforen%e,.Oan Plan(SWPPP)an fib wlth Vat o,atr and that To-of NOM Alleva,COas,.kn S. Ebigation-Spray-ApPfietl:4,140percerd, Mnorrkvdwnbs hamortl MUASTMD412 Welland!BmokarY rearkem. Coad Drive,North And-s,MA 01 11,1S. Com,issbn 6. ENn,,.be-RoMtlBru d App1n e:3,860 pe=nt.nivtirtun5 when ksbd In'¢Moro with ASTM D 412. o u p] 3.ZONING:The subpct Pr.p.M is within ne Residential D'sdd 5. ]. Rashtanw b Deny-Spray-Applbtl:4 permnl porrt°rmnt bv,maximum,when tested In accordance 2.EROSION CONTROL DEVICES: tooMnery emsbn control devises on Ibe ail,as shown 1 Ue Sda%an o Q a U 10.POLLUTION MANAGEMENT:Tho managanont OaNnsrwab,and other warns of WIN-during mnsbnOwn shall with ASTM E 154.B.p6.n 13, tlmMngs,Iola,add i-Ol temporary O,sbn wntrol E.,Iw,as may be required an a site pedr.osis. 4.PROPERTY IJNE.'EPSEMENTS:ExhOng property lhes shown ora ham,wrtl plans,suppfin by the Owner,alk bep,vidW Famerd.n.with the Bk,.N,Ponothn Pmvention Pln(SWPPP)as tl, Tedh Note 9. 8. Reshhnce b Decay-RogerIBus Appgetl:9 Poment permanent be,maxi.n,whoa bstetlb are ROPEad-tT ler the purpose of the pro soonlenee Mth ASTM E 154.Section 13. 3.CLEARING:Mark an other areas N b de,nOL Say........outsde of nmbudion arca,ark probed a1 Mas that posed work No. ibnbn.de rcyardvg the acwrary.11et Bn,.shevm. 11.OPERATION d MAINTENANCE:The oporafion an minemn,d Ua Nonatbn wabryroofing ryabm shn b 9. Reentenee b Aging:No efed Mmn bated In a-,.-th A.TM G 23 far 2000 No. real,,. m Mthin Onnoodlun ales.CN.,a0 frees,brush and.hanps h areas necessary for s11 construcibn. m < Y S.VARWNCESd SPECWL PERMRS:Tlat wb7Mp,0peRy boat aubpd to any Moven wrrent,pedal pmdh or provided In aosadenos Mth the Operabn 6 Maintenanm Manualonne,Mth the Town of North Anovar Onna.mtkn 10,-to,Vapor- nnh,,bn Rate:0.026 gnOnalart Nn sq sq m),maximum,when led,oh, Re alagaen wk wood ham the nTe.Re�va M.lops.dash,bmah aid slumps lrom gat ale,or chip aid grhtl Camniselon, -.Manse wkh ASTM E 96. thew rmtenials ler use as ranch on site.De-fief,ant to-.a1 structures,-U,etc.d,sgnabremov tl as To b ed v.rl.n-,. a as mil as other Ilene as designated by the ronatru,11-...had. -O 11.Mea,Vapor Perircanm:0.21 perms(12 ngf(Pa s sq m)),maximum when hated In accodan.th S 6.TOPOGRAPHY:SOad<Uilzdbpognphyanovmh Wsnanen inshumeM sun.y peRormed in January nrougM1 12.ASBUILT PLANS:r.dd.lssequin NetnhoOt.The cosubdthedan im,r,that other things,all unergrountl ASTM E98. hot March 20126y Come,skne Lan ComulUnts.tic.VeNcal ealumhNGVDE'. ug6tias imtaled orOMurbtltlurim p,.jad completion.The cono-ad.rshnimurs that ire b.Una,m,teriah 12 HydeostatieR,.Bao ResManse:26 m1(f79 kPa),minimum.when tested hacwrdanae roto ASTMD 4.STOCke SOILS: ..the am u=r of Ole son that are se b ra+nMon site in an Ifor.subpd b4fiannektl .,J spedf tionsant ehw[bmof a1 pipva,aWdur<aant otherfdnes am marded priorfa Weal Contractor,nal nil Pow.BUM hyhbs aroun Oat perimekrdUe sfackpge(s)was Nndnimie,the potential far kation.Seed that e do.ment a0 wnsinmPon%ovked and a1-orented fro,and atruoMes encountered by phbgraphs,fiek mks, steckpika MU mmporery,rase. E 13.Methane Transnissbn Rate:0.wfien tested hacwrtlanse Mth ASTMD14J4. T.RESOURCE AREAS:The Reme to Areas were delineated by Michael Tu,9eon of Comersbm sen Consunanb.Inc, swing ties,etc.,w that they can be amaraby hdutl¢tl on en As-Bulk Mon. ° o $ In February 2012.The gagging was b.tetl by imtrumeM survey by nh ok.. 14.Mh,.bn-SIPn..ent-A STM Minimum 11-.ah(15 k Wm1 N pool ham concreN and mewnry,wfien bdetl 5.FOUNDATION WATERPROOFING SYSTEM:Excovate and poen,wesNwntl blest to deaNprep f.unatbn for Z '19 In vwodanca tM1 ASTM C BJ6,C 794 method. applicetion of wator fing sy Nn,Repair airy dam,ge N mandation(crack'masonry mp.i,)ander apply tea seely of N x j E '.FLOODPlA1N:TM propeRyhbeaUd ha'Zom X-.areas tleterdnetlbboutske the 0.2%annwlchnae 15.test n-Ra1arl8mahPpplietl:Minimum)bOhdn(1.2kN/m)Upeelhmmncreh and nasonry,wnen Parging b bO foundalien.Ade a Noting bevel where One foundation wag mesh the NO—AM the spray on p o goad&in,as,hewn and a a defined by the Food loam Rate Map(FIRM):C.m,atn4 Panel N.mb,r 250098006: FOUNDATION WATERPROOFING SYSTEM tided in.-Me-MU ASTM C 896,C 7.-.ad. dasbnmrk waterp,.f nemb,m.Apply dmlrogo dkMW mvmbane.Instil mw drainage fwnebnrveping tib with w __ ° Prepared by the Fod.ral Emast, Y ManagerneO A9eny:dated Jum 2,1993. 16.Hardness:SO 11,when tided In*-,1,-th ASTM C 816, hAuro roardralearomedbn.Backfd ant grade away ham founation.(Connection DI Ore existing downspouts h rat This aedton Is based on the%s NO,and spedhctiom of Epee Semko.,Inc.,-oh b looted at 17.C,Q Bn91,g:No c.O ng-tested in Osemnes Mtn ASTM C 836. Ola.d until approval to ft se Is received by the North Andover Conservation C.mn,efew Z Z 9.SOILS:Soils on the site have Wen d.adned in aaordan.with the Essex Count'NRCS Soils Map-Version e-data PO Box 347 18.Low Temperature Flexibility:Flexible down b 13 tl.g,es F(dnV,10 degrees G),el bast,when bsbd'mtii Z5 Auyml l 1,2008 as:O70A-Rltl9ebury fine sandy loam.O72A-Whitrnan loam,and 1310q 1!3108,0311 B-Woodbridge Derby,KS 67037 cmrdame MU ASTM C SM. 6.DRAINAGE STRUCTURES:Install daina0e sh,Oon-and probed nam from,heti.,by Installation Owmel d.0ms One sandy Dam Addkonany,Deep Hole Testing was colluded by this Inks In Jenner,2012 and the,daub.am . TO:(800)862-1696 19.SO-and Hydrochboc Petr RO,.Oanca:No clad the to perconl solutlon,rAmn te.ktlin accordance and by ails rocks within inlet grates. In na NPDES CGP SWPPP an site Mth the-O. TO(316)262-2513 Mn ASTM D 503. Fu:(316)262-2529 7,DRAINAGE CONNECTIONS:Concoct al pr.oawtl tlminsiI. bb as a.-.n the R.Man.ffFOu Nnan > > 10.DIMENSIONS:Designation shown aa'dn:0'max'.ny Indicate that..dimemkn shown is seemly limited.fl additional product inb U. Ranbnt Fabric:Epro POLYESTER-160;pdyvsbrspun farad tarrk he textile m Oral composed or D,al.g and Real D,omp.ystem is proposed to ronmd b an existing dram basin,reds the lumtionalky of Uro D' Bf x should nota ss.mdthat the dimanzkn.nb DooraMtnoea,.d or decreased.raepedively, staple Mn,Rehydmuf nyentangled,whkh h mmp.sed of IW%polyester- exisgng bash and ophg by inspection.If Foundation Drainage and R.00reina9e By-is pr,M-d!to daylight lbw y v Epro provides mstom engineered solution ler 1,nv and blowgode webrpn,Ong applications.In Oldifon b into an Orion,lands= dor...... that the I-Ian is hoe of ob,h.tk.s that rd ht inhibit One flow of wakrproofing basement and foundation mft.Enna's sysbn,are suitable for O41=1 applications such as lunmis, V. Polyethylene Drainage Panel:ECODRAIN-E,3dinon,io-I molded high density poly.thylane romposh 9 pe fl, g Q N a 11.DETAILS d SECTIONS:Details and sadkn,sown an sheet D&S-1 show criOml eina.amn,,makrlah and blind-side wneryroofing,und,rslab,,planters.and decks.Epro'sa dwater fi tlhere,to concrek,rrewn tlninapa panel;non-bbdegrodablo;thpe,mwable geotadga hoar Waded to drainage rare. sl.rmwakr. prate Pro.cep a ry, gwngtlez requircean am htennbano.PoxNkrybacameadatewmponents and mamriabpr.vkn by varbua W.and tmulaed mncretefarm.Drairoga panels end goomeirtmnas provk.second and third bye,,rater 1. Von icalln%ane Water Flew Rate:5.l gpdn MdM1(1Vs/m vAdth),minimum Mwnkztetlhamntlame B.STABILIZATION:Final devOdalurbn.,all In t brMiah imknials the UNdnomwncnob suppliers.no-or sh.Uinsu�-that.1 makriab an wmponed and theirimUletian amplyw th the oppi-M. nail ¢- with AS D4716. binelroumean gnimI9,d ah em all In rapr,fio.Mm �hythevkesasrc tl.Appy r.Bohnea- 2. Coro: propose porary erasion ran quire GOe,Osye Strength:5,200 pal(249 kPa),minimum when lesbtl in amrdanse MN ASTM D 1621. finish mleoals(an.Dam d...d,mnkh,crashed nock,nip rap)N aroso net,ubpol b N tnO distunban.. 12.DISCREPANCIES:11 shag be the n,sponsiblliy ofthe,ppU.ntto nary the tl.sign oagin..,a/any discrepancba GENERAL a' _ b.bneen.bservad nald coninon,and eenditi.res dese-d on in...plans,before pro.edWHO mmc ing Mnslbn.fl SUBMITTALS b, Thickness:0.31Inch 17.9 miry.when tested In awortlanse with ASTM Dill. 9.FINISH:Appy finis, a,Olen landscapl all renaming dlsNrbod areas. V C ehoub b noted Uot only one deep observation hole was mmpleNd Per WOtlkg.Therefore,subsurface wndfSo an 3. Fabric:Polypropylene. F v to-O-Ool,wnslmdiv.nay vary. A --N.:For each type of waterproofing sp.pilad subdl msmfacnreys%inbtl technical tlaU,bdetl a. PO,arhEulaf Water FlewRate:55 ppdsgn(37lM.q m),mhvmm vfi.n testednacwrtlan.Mth tOCONSTRUCTK)NTERMINATION:At Ueanofth..-s ashenpool¢ddeanail.-u letlwdmentandtlebris phplorl and peef.mense properte , s,hstruclbm for..Nafin preparing,and hating subobet.,Ont ASTM D 4491, that has been coHe'd by IN,for porary erosion eantrel devisee.Insbfl Oat alone oP rap as shown on the final sly bn,. 1J.DESIGN CHANGES:NA.ton(nma d Tans is rat ibl.Mth.0 the consent of In. instaloWe Instructions, b. PerntlNNity:0.7lsemnd,when tested In accordance with ASTM D 4491. Loam and sea,an dher dsturbad areas.Its-....sh,m by entaing One ResNaRn Planting LhL Provide malof Pprove p permhsi peroral aulhe,ities O antl design anginoer. B. Shop Drawings:WavAng,prepared sp.0caly ler Uis projod,showing b.gon and extant or wabnproofng. c, Apparent Opening She:Mslevo 0,,w Noted in aOOd,nm MU ASTM D 4751. go-til,fabrie on­p NM,or onareas subject b channobd Pow.Remove al other cannot-IsO,a ft, final dolts for..Ostrat.jamb and casks,shoal noshing,penetrations,and ts-rOi.n mndkions. d El.ngaPon:60 percent,dnimum wnen bated in acwrtlan.MU ASTM D4632. auda.s have been stabilized. rL^, �� 14 CERTIFICATION:Cedfisetion,Is,recta reg.,dhg the.tabd purpe,s of this plan only,as ONO,in Note 1.This ptan C. Sanpba:Bubdl Mo aamplez of cads.!lb foPoMm: a. Bursting SUergU:140 psi(0.96 Mpa),dnimum,when testa bemrodan.Mth ASTM D3786. vl }s ¢~ ,hal no be used Nr any other purpose than the enifenconsent of Coronion Land Consonants.Inc 1. EUmk wa stoarlvror.d nembramretoa . I. Bakingd:17DM(578 N),dnimrm whenkskdln awrodann won ASTM D48J2(Grab � ~w�- � £m 2. Drainage panel. bmt1.). Un =o' CONSTRUCTION NOTES 3. Joint reinforcing ship, Punot Resistance:4B nor(17S N),race um,vben tested In accordance MU ASTM D 4.3. FW �M9 12 aE D. InOO.,CeNNration:Co-este signed by mnufaduror eartiying install.,qualifications. h. Toa,Resistance:W let(267 N),minimum when tested In acrd.,.Min ASTM D 4533(trapezoidal �-/ C) o c 1.TOWN APPROVALS:An mmtrodian­11 e.-I,with the pa­1 Eowrnanb issued by the Nodh-a., to"' QUALITYASSURANCE Com<rvalion Comedwbn and Uh oR.Approvals inquire Nat ih.owner coodinat.MU.thn bwn Wads, W.Joint Reintondng Strips:ManNadurefs recommened poypropylem an mtyezter Ubdc. ..,,....11- x rte nh.The departontose Approvahmu.W WO,al ppr,.b lwndibm and h.9I,n UrosubmMetlplans or E. In ph,ofar iM malbns:Engage th mato eb-Mespebodi Mohwmfiedln wdtkg and approroe by X Joint Desslm M,,U,:ECOUNE-T,high rhcosi dried mon,based as h.[L O V w ,pp,.nh.The o,-r-d Mmdan zhan and WO,ala res Oh b aunontie,and shat Insure that. he Moving of wakrproofi,g manulecturer N,the InsUllntion of the specified wakro,oafmg Byskm fl ty P°yner,m P e.y q ° approval am incorpora ni onto an plans antl tloeumenh or ere othomise hnsdflotl b an ronbacton.The bOowing h a F. PreJnslallalion Meeting:Held o tal101.n m..lh to acatle,of water lin tem to erau Y. Backer Rod:Cbsatl-call IMlen foam list of applicable ban oM.s: oe.dO. a prior pp prop p syr Poh. ; O proper substrate and in,lanabn conditions;roqulro aO.ntlanw ol.nlrador and applkabr,imib Owner, EXECUTION Engin.,and spacial impesbr,Worry. ENGINEERING DEPT, (978)6)S'0S5D 0 to IMEXAMINATION ENGINEERING DEPT:T,(97550950 G. Mockr,t:Apply vmhrproofng.yskm Onstnegwrolo,and st ndar soff.ca to Sudan c WATER'SEWER DEPT:(978)68508850 p,peralion,pNl.ncnck hetrtent,nkknaw,bxbro,and standard or worxmm�MP. L Exadmsubarnpfi ma.,onerond6nnauner whidn walerproogng system MflWapplke,MthlnsNlar ,� �� - DEPT.OFPUBLICWORKS- 7B 655-0950 1. Noliry Ormerand En0lnaerem week in ativanae of the dabs and times when mock-up PbPrepared. beenoklurrompganw Mth nquimmenb.Do nalpmaetl MthimUUanon unB umatlsfadory ronftiom have l9 ) beanromchtl, f HEALTH BDARD-(97B)688-9540 2. If Ovmer/Engineer detornunes that mock-up does net moot roqulremenis,reapply waterproofing until m BUILDING DEPT,'ZONING OFFICER-(975)fieB9545 mrokap is approved. PREPARATION 3. RobleantlmIm1,appr.-d,mcku during wo-anon Mandbrbetl.ndilbn as standard Nrjudgim Al,Cban antl preps,Nundahn walls and bong.-Mg b nnnuUdurafs rerommnd ONnz.Provide clean, 2.INSPECTIONB:Toe wnhdonshl wand al bum aulhoMies antl otM1er private Nilly autlrodlbz prior to wnstnntbn complebd wane„ofing.Uikanvgad +m riot'hewme part of the wmpbted walk. du,14...and dr,a.-ler wakrpwofing appl.gon. be-,NN e1 neOrsed impectlom and Ie.tbnal semi... DELIVERY.STORAGE,AND HANDLING BB.Mask oRatljoinilg suRaus not re.hhfl waterpr.afnfl N prevent spkage or aver spray aRecng over H. Dell.r materials to ane totaled with man,N-O's ra ne.produd brand name and ype,date of m e-ou e, oonebudion. 3.UTILITIES:Kmrm-toning underground utiUb,aro shown on th.plans.A determination as to the exbbnc.of any .hal One,and eirodion for storing and min,Mth other rose rta. other enter,...d rfinne,has not been=d,antl the abaen.of wine Is not implied or inl.nded.The aurae,O CC.Cbse o0 deck drain,end other dock poneU,Vons b pr,vont spilaga and mg,gan of wnbrproofn Mid.. J .OrecNr ehe1 contad the theritias,h hod' DIGSAFE,b v,n the b=tlon of all existin d,r round Wittie, 1. Stare mabriaIs as roq.l,d by eaterOonfng reankaonsO in dean,dry,p,ateded lo=tion and Mthm '1 try proper eu m9 y gun p DD.Remove grease,on,farm release ago h,painb,and othe,penetrating wMvrdnarnb ham ran Bete. J st and.Wdures no,to mnstruplbn.ULLlk,nat rna kad try DIGSPFE shat b NdhO b.ted end kentifwd by a thio knpenbre rage required by wakrproofmg rtandacNror.Prated stered netedals ham dbe relight, _ CO Pant b.tin9 semis.The contractor should b aeon net In.exidorne of anon ante!dkly Ones o,-re.is EE.Renora fins,rkfgas,and other pr.jedi,m and fl honeycomb,agg,fl.k p,,k ta,grOdjOm,fie holes,aid N J. Remove and dlspo,.of notarial oat=oral b appUed Mthly its slated shed ole ant repU.. O p M1iflhh Probable,and shook Uke sere during exwvafon,andbprepared b make repent as na.swry at oven expense. over v.ka th pint tleUkng man,M1ydrauficsemeM,or mpkaet grout C N 0 �Q The Only authorities shall also bc,n,,K,d for theirrasp¢d'nas,,ocifeati...prtorbinsUlationOr.Mirobath utiWas FF.%aper,endtreat,.dj.l,,dh,ri,,nWI90dn,,t.,dnations,,dgo Wrmin.ti n,,p.nW...,th.,gh Q shorn.Ganeal spacifi=tions 9xen bbwahall ba fogowed unless shown otherkso on ne plans.Afinal hyou[and PROJECT CONDITIONS -proof n mabrial,expansion joints,cracks,drains,antl sl..v.s ecw,dng fa ASTM C 898 and O r design .1bapproved by appropriate ap,..l auth.riba for work.n niFtbs l...awry On ft .of.mwir, mankacNrors rerommene.U.ns. L t ¢N A.WATER:VMk,system neakrleb and lesion,-ah.n.mpN MU the Marlborough Wale,Dep,ape-.ns. K. Rated adjacent areas nal b b-terprookd.Where n-..,,apply nosktng b pnv.nt ataink,,.1 soda., U) ` " � 0l, j InsUlahnsh6oho comply xah ne Marlborough Board of F.Englineers. b remain exposed wfi a-,mm�,sone.bub Mother finish sudaws. GG.Ata-1,..atobhabd,appy kna seatsof pint dO,niing,mage,enbed joint reinfodng strip h m,l mat and N O p B.SEWER:Sevin, term nmtOlO,and Installation shat wm th Uo MarNoro h Sewer De f tions. L. Pedorm work on when exislln appy sewn seat entir¢ty covering ne embetldedjoint reinNrclnfl strip enwrUg romplero satiation. Q O V'O lie Sys pt' ug p,sped ty ,antl brecad wvener wnddions are thh nenufadunvfs recommendations V Z N . lie Sys plyM gine.,Ing requiramen 1. 90 Degree Tennlnafions,Venlical and Horizontal:6 tneNs.it S0 meat on each side. 0l, C.DRAINAGE:Drainage klm materiab antl in,Ullalbn sem Ushndartl on in ctic. h, ler matadalantl appfinRn method used;minimum embian[lemperanra iz 45 tlagr..a F. W 8 0 D.GAS,ELECTRIC.TELEPHONE.CABLE:Materials and lnstanation shall Onn,ly MU the sp,clg.tion oft. WARRANTY 2. Penetration,ableaim,Sleeves:6Nches(150­0,dus around pemtreti.n ane3inchas QS mm)onro _J 111 N C) p= resPadyeprivate Utility aollORm.The oxhting gas line shown msappr imobtl ooh antlmeat b versd. pen<traing.bjed. Q d 'C E.LAWN SPRINKLERS:Sprinkler-tom materials and Insist-s.ekcanons shall be provked by AIMCO M. General WarmMy:The apodalwamnty apeciged in Uis Mich shU not deprive the Onner of othrrghh U¢ 3. Jdnlaand Cracks:'inches(150 mm)Mtle on each side ofpUVcraclt V Q O p Represen4atNe. Ovmer nay M1ave untlemthar Provhions of the Centrad DocomeMs,and anal b In addtlan b,an race a Remove dust and dirt hom7oinh antl sacks in aapkamat seely/STM D 4255%io,b watlng a Q 10 Z wnwmM Mth.°tier vnrranbz node by the Contractor uner,equirermnb of the COMmd Dowmonh. sudaws. 4.EXCAVATION PERMITS:An*,,,afiens greater than three'S)feet in depth require a Th,nch Pend, N. Provide wdhn warranty signed by wabrpr.ofing nen.-her an hOaller agreeing b repair or raplaco b. Joints and Cocks Greater Than Ill 6 tnaM1(1S mm)In Width:Prior to applying Oint"aiing=an, walarproofing that aloe.net meet.,Irenants or that do not..In mIsdight MUin ft p,,E,d warranty rod outpint/cack,install backer-rod and saalant b bring gmh Nsuds.. 5.SIDEWALK REPAIR.:An,q.hO1 sidewalk exwvafons for the hsUlNHon of the prepare founatlon drain aysbm pend' HH.Se.m an probed pNn b ng.eladrb.l.,nchankal and almctural item,to b antler or passing through and mnmdlonsto ex'sng tlmtna9.teba nepanae In kind..es dtlee,ak rapOr detafl. 1. Wamnty Perbd:3,Oa.ferdat.OSubs ebaICompletion. waterproofm rnoran,poor 1.membrane appf tion. 2. War„dydoesnotindubUilu,¢olwalemnoomgduebhlurvof.ub,hkorNneaPonofmwphhand WATERPROOFINGAPPLICAPON iJ..i S.STAIRWELL REPLACEMENT:An-lin Ulr 11,to be ra.vad and die dor Install new tacks U,ubshk oat vxwad 1116 inch(15 nary fe width. g Parrs s otos t properly. II. Mk and apply naterlels in a rdan.Mn rmndadurees tnsiructbn. n� d.Mnl to top sUinvan iekind Per mor to IF urhe,,andnabrINConbadppb provide staimnll shop PRODUCTS W drawings b AIMCO reprasenUWe and engineer prior b purchase and InsUOafion ler approval. JJ.Ov at BUR wakrproofing Installation antl rtanumcNref.bchni=I mpr,.antativa is present MANUFACTURERS MAppy wa M.fing to surra..amordirg to manuladureys racortenonm alloand dtaih and .te as ndldOn 7.BUILDING LANDSCAPING:Cent,ckr shag he rcspemiblefor tlm repo=meat of a1 dMbd lens.ping on sNe O. Acceptabe M.-Ndurer:E%.Waterproofing Syshnm,,.filth Is bcaln et P.O.Box 347;Derby.KS 67037: Contrast Dowrte,M W dom,,drainage Installation.For each bdlding,at a nmimum eight(8)pbnlhgs Shan b phroJ in Oro front eight(8) Tot Free T¢i:800-062-1896;Tel:Ji6262-2513;Ermg:regwd ido(epr.wrv(Oaolroml;UMD: J C pleMhps shah b plarod In Ue mar,time(3)plenMgs shat b pla.tl on Ue rghl;three(3)plengng.shat b plasetl on vw.w.epre.arv.com Ll_Appy mearp,o.f,g by spray.unless oUmmise Indicated.adnbrhg a seatless m onbram he of On appetl z G the I.2 Fal plant types b be wordinated Mth AIMCO,%esenbne prior b parch a,and ple.m.t.Plant] shall gazes. ` (a _ P. Requests ler subsfduh 11 b mgdrad to be,abraded b I.Orme,ant Engineer Prion to purchase and use. g spray application dlkmR,roger L not be located antler bekoni.z,to Ironb.I windows,or lel«king access b air mntllUoning roily or aced,uligy dens. 1. 11 doarone from zudaeas Is less than 24 inches(610 mnQ.matin w nAn nered s Infohag h,prod tl t°Owner ane andhev,in 1, rely package ronsistlrn Oft mnbrlab Vg ,rendadme,IMormaOon,product speN ism end makrials wfery data sheets and wmpies. appa=tbn Is aocepnbb. J Q 2. S%ay App6caPon:Pppy.na May mat to echiew Na spodnatl thkknesa � � D. -Ste Sour.:Obtain al waNroro.fvg makrUb ant system rongonanh ham a ah9b nenWadumr. S. RaterApplisetion:AMty dnimum of Mw web b acniev.NO specked nkkmw. � � V U -O WATERPROOFING SYSTEMS MM.D,Imp PamPlaceh:Placeand saw,.Panels 0,.ubsbe,aN a=,,g b du,ls w Tk manuran Us-res.Use J C R. General:Provid.waN,pr..rng systems that prevent 6e pas..go of Iquk sealer under Mdneslagc pro,=, adh.aN,,and adhesio ships(shat fa,Mng that does not Penetrantswmbrproanng)as rewOm nd1d by W T< whloh comply Mtn specked physi=I rcq,lr,menft as e< nO,.tbd in testing Mdmmed by independent N Ing manufacturer.Ovarkpedge.oldmpl.d.,eend,ndsofgeo-.9,1NW minnlmm�th,ity.Protedimtanee f O Q 70 ,gamy Mth onamrs r,wrtent waterproofingNr=bb.ns and syakm design:use makoals.pocketl paneh tludng subsequent consWCBon. 01f 0 [� below NN.Install drainage his at feet of each wall tbOd.footing on levelMN sly rep of Nation Mth (6)wp 01.,ler -" c C) sone inUlatien¢xtend bsuhaimge system or N d.,19M at le-rgmtivelevation. L0 S. Founatbn Wa6e Not Mon Than 12 Feet(36E0 rm)Bebw Gretla:Use,pe�etl nmte,leh M bPoMng n9 � 1� In Z 1'wmby FIELD QUALITY CONTROL O Cant Strip:ROWappned high pMormame Mldapplee membrane wakrp,Oiing;20 nth(0.5 mN 11 11 ninal thiokmes;Polyester Relnf.rcemm�l Fabrk;R.00apPgad high perform nca fuldappl. 00.Verify nkknes.of mvmbrans using a lightly led,n.vdle nose tlepU,auge,taking Nur(4)readings over a ono 1.1.. til m'b'_wail Poenfnng;20 mm(OS n.N nominal thkbata,. ,gram inaM1 area in every 100 agwre Iver(25 nen sgwre area in every meter squa,e area).Resole fle 2. Fad Cou,w:High Pedarmanaa Mid-a,led nerrbranes re rpreaMg.M Otis(1.5 nary hninal ad kness mhtnum matlin9.Mark test areas N, Pan 0 nininorn..0,h blew dninmm specified thkkmse. crag.Matn wok dmne.40 cob(1.0 rtp1)mmmel U"okra,.ave,gewhen dry. PP.Pant deld.nt at areas MUaddaioml wale,prodng N sense spsOed d m dry tnkMess,exbnbg m 3. Sewn County:Pohenylem drainage M.L mmmm of 1Inch(ZS "b i , eyondIN,testParim.kr- CURING,PROTECTING,AND CLEANING CO.Cure wabrp,,'g aoarding N m.-O's racommendOom,Wiing cars b pro Owetannnatbn an do-,d ran apP1=bion""",and wdhg. RR.Gaon spillage ft-ft ham alp-.1 ron,meli n using da,Mng agents and noadures nco hdad by Job No.:2013-183 thenuUober o/anadad.n,b-ban. Sheet No.:3 of 3 Drawing No. 9376 A CONSERVATION DEPARTMENT Community Development Division MODIFICATION TO ORDER OF CONDITIONS AIMCO North Andover LLC Buildings 1 & 2, Royal Crest, North Andover At the November 6, 2013 public meeting the North Andover Conservation Commission (NACC)voted to issue a minor modification to NACC# 117. The Modification shall conform to the plans and documents referenced below. Applicant: AIMCO North Andover,LLC 50 Royal Crest Drive North Andover, MA 01845 Record Plans: Site Plan,Foundation Drainage,BLDG 1 —Royal Crest Estates Sheets 1-3 (1"= 20') Date: October 30,2013 Stamped by John A. Visniewski,P.E. Site Plan,Foundation Drainage,BLDG 2—Royal Crest Estates Sheets 1-3 (1"=20') Date: October 30,2013 Stamped by John a. Visniewski,P.E. Letter from Alan LaFleur Re: Royal Crest Estates Modification to Order of Conditions Date: October 30, 2013 Approved Modifications ❖ Modification to conduct waterproofing work for Buildings 1 and 2 including stair replacement in accordance with the herein referenced plans. Drainage system will tie into Drain Basin E (to be constructed). ❖ All work will be reflected in the as-built plans to be prepared for NACC #117. 1600 Osgood Street,Suite 2035,North Andover,Massachusetts 01845 Phone 978.688.9530 Fax 978.688.9542 Web:http://www.townofnorthandover.com/Pages/NAndoverM —Conservation/index S�TTLEn`]6y� . �p°RAT AVS, CONSERVATION DEPARTMENT Community Development Division Modification to Order of Conditions The NORTH ANDOVER CONSERVATION COMMISSION agreed to accept Applicant: 1?1X(`/7 15-0 cgP-1-j- as a Modification to the Order of Conditions issued in File - dated J" and recorded in Book/•.3 (p and page Issued by the NORTH ANDOVER CONSERVATION COMMISSION: l�' !i On this �h of 'woZee lddI2 before me personally appeared Louis Napoli to me day month/yr known to be the person described in and who executed the forgoing instrument and acknowledged that he/she executed the same as his/her free act and deed. Notary Public /n %',M&*kWWEDGE wrmy PUBW CMUN KTHofMASSA{�IU MS My Coom Expi9s 15,2016 1600 Osgood Street Suite 2035,North Ando , Phone 918.688.9530 Fax 918.688.9542 Web www.townofnorthandover.com LlMassachusetts Department of Environmental Protection Bureau of Resource Protection - Wetlands DEP File Number: WPA Form 8B — Certificate of Compliance 242-1550 Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 Provided by DEP A. Project Information Important: When filling out 1. This Certificate of Compliance is issued to: forms on the computer, use AIMCO North Andover, LLC only the tab key Name to move your 50 Royal Crest Drive + cursor-do not use the return Mailing Address key. North Andover MA 01845 City/Town State Zip Code r� 2. This Certificate of Compliance is issued for work regulated by a final Order of Conditions issued to: AIMCO North Andover, LLC Name June 7, 2012 242-1550 Dated DEP File Number 3. The project site is located at: 50 Royal Crest Drive North Andover Street Address City/Town Map 25 Lots 35/66 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 12992 130 County Book Page Certificate 4. A site inspection was made in the presence of the applicant, or the applicant's agent, on: 7/9/13 Date wpafrm8b.doc•rev.12/23/09 WPA Form 813,Certificate of Compliance-Page 1 of 3 LlMassachusetts Department of Environmental Protection Bureau of Resource Protection - Wetlands DEP File Number: WPA Form 8B — Certificate of Compliance 242-1550 Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 Provided by DEP B. Certification Check all that apply: ® Complete Certification: It is hereby certified that the work regulated by the above-referenced Order of Conditions has been satisfactorily completed. ❑ Partial Certification: It is hereby certified that only the following portions of work regulated by the above-referenced Order of Conditions have been satisfactorily completed. The project areas or work subject to this partial certification that have been completed and are released from this Order are: ❑ Invalid Order of Conditions: It is hereby certified that the work regulated by the above-referenced Order of Conditions never commenced. The Order of Conditions has lapsed and is therefore no longer valid. No future work subject to regulation under the Wetlands Protection Act may commence without filing a new Notice of Intent and receiving a new Order of Conditions. ® Ongoing Conditions: The following conditions of the Order shall continue: (Include any conditions contained in the Final Order, such as maintenance or monitoring, that should continue for a longer period). Condition Numbers: 80 C. Authorization Issued by: North Andover Conservation Commission Dat of Iss ance This Certificate must be signed by a majority of the Conservation Commission and a copy sent to the applicant and appropriate DEP Regional Office(See http://www.mass.gov/dep/about/region/findyour.htm). Signatures: wpafrm8b.doc•rev.12/23/09 WPA Form 8B,Certificate of Compliance•Page 2 of 3 Massachusetts Department of Environmental Protection Bureau of Resource Protection - Wetlands DEP File Number: ' WPA Form 8B — Certificate of Compliance 242-1550 Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 Provided by DEP D. Recording Confirmation The applicant is responsible for ensuring that this Certificate of Compliance is recorded in the Registry of Deeds or the Land Court for the district in which the land is located. Detach on dotted line and submit to the Conservation Commission. To:--------------------------------------------------------------------------------------------------- North Andover Conservation Commission Please be advised that the Certificate of Compliance for the project at: 50 Royal Crest Drive 242-1550 Project Location DEP File Number Has been recorded at the Registry of Deeds of: Essex North County for: AIMCO North Andover, LLC Property Owner and has been noted in the chain of title of the affected property on: Date Book Page If recorded land, the instrument number which identifies this transaction is: If registered land, the document number which identifies this transaction is: Document Number Signature of Applicant wpafrm8b.doc•rev.12123/09 WPA Form 813,Certificate of Compliance•Page 3 of 3 a r i I I / ��/ �Y� !/f7 �✓j1� on Provided by MassDEP: Bureau of Kesource Protection - vveuanas NACC#117 MassDEP File# WPA Form 5 — Order of Conditions Nv Ig0dt)v/eor- /�' + n � 940 eDEP Transaction# d11 1a,/ _ 011 �r 1 + �� i North Andover J� City/Town A. General Information Please note: North Andover this form has 1. From: been modified Conservation Commission with added 2. This issuance is for aspaceto ccommodate (check one): a.®Order of Conditions b.❑Amended Order of Conditions the Registry of Deeds 3. To: Applicant: Requirements Dan Milinazzo a.First Name b. Last Name Important: When filling AIMCO North Andover, LLC out forms on c.Organization the 50 Royal Crest Drive computer, d. Mailing Address use only the tab key to North Andover MA 01845 move your e.City/Town f.State g.Zip Code cursor-do not use the 4. Property Owner(if different from applicant): return key. a.First Name b. Last Name c.Organization rerun d.Mailing Address e.Cityfrown f.State g.Zip Code 5. Project Location: 50 Royal Crest Drive North Andover a.Street Address b. City/Town Map 25 Lots 35, 66 c.Assessors Map/Plat Number d. Parcel/Lot Number Latitude and Longitude, if known: 42d40'm10"s -71d07'mO6"s d. Latitude e. Longitude I wpaform5.doc• rev.05/19/2010 Page 1 of 12 I G JA- /—/��f��� O� / Provided by MassDEP: / �- -I L NACC#117 WPA Form 5 — Order of Conditions MassDEPFile# eDEP Transaction# Ll North Andover City/Town 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) 10934 47 c. Book d.Page 8/30/13 9/25/13 9/26/13 7. Dates: 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): Notice of Intent Site Plan (Sheets 1-2) a. Plan Title Cornerstone Land Consultants, Inc. John A. Visniewski, P. E. b.Prepared By c.Signed and Stamped by 09/11/13 V =20' d.Final Revision Date e.Scale Operation & Mainenance Manual September 11, f.Additional Plan or Document Title 2013 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. ® 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: 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.05/19/2010 Page 2 of 12 C Provided by NACC#117assDEP: WPA Form 5 — Order of Conditions MassDEPFile# eDEP Transaction# ILI North Andover City/Town B. Findings (cont.) Denied because: 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 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 a. linear feet b.linear feet c. linear feet d.linear feet 5. ® /SOLA: ,!!�D 16,820 16,820 16,820 16,820 Vegetated Wetland a.square feet b.square feet c.square feet d.square feet 6. ❑ Land Under Waterbodies and a.square feet b.square feet c.square feet d.square feet Waterways e.c/y dredged f.c/y dredged 7. ❑ 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. ❑ 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. ❑ Riverfront Area a.total sq.feet b.total sq.feet Sq ft within 100 ft c.square feet d.square feet e.square feet f.square feet Sq ft between 100- 200 ft g.square feet h.square feet i.square feet j.square feet wpaform5.doc• rev.05/19/2010 Page 3 of 12 Provided by MassDEP: NACC#117 WPA Form 5 - Order of Conditions MassDEPFile# " eDEP TransactionILI # 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 1o. ❑ Designated Port Indicate size under Land Under the Ocean, below Areas 11. ❑ Land Under the Ocean a.square feet b.square feet c.c/y dredged d.c/y dredged 12. ❑ Barrier Beaches Indicate size under Coastal Beaches and/or Coastal Dunes below ❑ Coastal Beaches cu yd cu yd 13. a.square feet b.square feet c.nourishment d. nourishment ❑ Coastal Dunes cu yd cu yd 14. a.square feet b.square feet c.nourishment d. nourishment 15. ❑ Coastal Banks a.linear feet b.linear feet 16. ❑ Rocky Intertidal Shores a.square feet b.square feet 17. ❑ Salt Marshes a.square feet b.square feet c.square feet d.square feet 18. ❑ Land Under Salt Ponds a.square feet b.square feet c.c/y dredged d.c/y dredged 19. ❑ Land Containing Shellfish a.square feet b.square feet c.square feet d.square feet 20. ❑ Fish Runs Indicate size under Coastal Banks, Inland Bank, Land Under the Ocean, and/or inland Land Under Waterbodies and Waterways, above a.c/y dredged b.c/y dredged 21. ❑ Land Subject to Coastal Storm a.square feet b.square feet Flowage wpaform5.doc• rev.05/19/2010 Page 4 of 12 I ri Provided by MassDEP: l 1�>17 6NZ NACC#117 MassDEP File# Ll WPA Form 5 — Order of Conditions eDEP Transaction# North Andover City/Town B. Findings (cont.) *#22.If the 22 ❑ Restoration/Enhancement*: project is for the purpose of restoring or enhancing a W a.square feet of BVb.square feet of salt marsh wetland resource area 23. ❑ Stream Crossing(s): in addition to the square footage that a. number of new stream crossings b. number of replacement stream crossings has been C. General Conditions Under Massachusetts Wetlands Protection Act entered in Section B.5.c (BVw)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 Y 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.05/19/2010 Page 5 of 12 1 C Provided by MassDEP: NACC#117 MassDEP File# Ll WPA Form 5 - Order of Conditions 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 b the Registry of Deeds, prior to the commencement of work. p Y 9 Y 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#117 " 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.05/19/2010 Page 6 of 12 // � Provided by MassDEP: J G614_� scf 44Cv � X11 ©x; NACC#117 MassDEP File# WPA Form 5 — Order of Conditions ` eDEP Transaction# North Andover City/Town 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.05/19/2010 Page 7 of 12 E Y/,.!1� Provided by MassDEP: Ll L,ICA� e3 y �: / � NACC#117 MassDEP File# WPA Form 5 — Order of Conditions 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 O&M Plan, and the requirements of the Massachusetts Stormwater Handbook. wpaform5.doc• rev.05/19/2010 Page 8 of 12 I I' La IV �'?Vj �tiL NACC#117Provided by assDEP: ILI MassDEP File# WPA Form 5 - Order of Conditions 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 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. 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.05/19/2010 Page 9 of 12 Provided by NACC#117assDEP: Ll I WPA Form 5 — Order of Conditions 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 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 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.05/19/2010 Page 10 of 12 I / 1 � _ Provided by MassDEP: C �G,��-C. [�'L�lGe. NACC#117 /0 WPA Form 5 — Order of Conditions MassDEP File# eDEP Transaction# North Andover City/Town 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. 1.Date of suance 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: t4 I 111M El by hand delivery on by certified mail, return receipt requeste , on 1 3 ob 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.05/19/2010 Page 11 of 12 .rProvided by MassDEP: L� NACC#117 i WPA Form 5 — Order of Conditions MassDEP File# ILI eDEP Transaction# North Andover City/Town G. Recording Information 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: 50 Royal Crest Drive NACC#117 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 wpaform5.doc• rev.05/19/2010 Page 12 of 12 NACC #117 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 local ByLaw and Regulations to protect those interests noted above. The NACC orders that all work shall be performed in accordance with said conditions and with the Notice of Intent referenced below. To the extent that the following conditions modify or differ from the plans, specifications or other proposals submitted with the Notice of Intent, the conditions shall control. GENERAL CONDITIONS 20. The proposed work includes: construction of a bio-retention cell behind Buildings #1 and #2 within an Isolated Vegetated Wetland (IVW) as defined in the North Andover Wetlands Protection Bylaw. The new bio-retention cell is included in the updated Operation&Maintenance Manual included in this filing. 21. The work shall conform to the following (except as noted in the remainder of this document where revisions may be required): Applicant/Property Owner: Dan Milinazzo AIMCO North Andover,LLC 50 Royal Crest Drive North Andover, Massachusetts 01845 Notice of Intent filed by: Kenneth Lania Cornerstone Land Consultants, Inc. 1794 Bridge Street- Unit 17B Dracut, MA 0182 Dated: August 29, 2013 Site Plans prepared by: Cornerstone Land Consultants, Inc. Titled: Notice of Intent Site Plan Drain Train G - Royal Crest Estates Date: August 1, 2013 Revised: 09/11/13 Sheets 1 - 2 Stamped by: John A. Visniewski, P.E. Operation & Maintenance Manual: Revised: September 11, 2013 Prepared by: Cornerstone Land Consultants, Inc. Stormwater Review: Letter from Eggleston Environmental Date: September 11, 2013 Re: Drainage Review- Drainage Train G NOI NACC#117,50 Royal Crest Estates,Drain Train G 1 NACC 9/26/2013 i NACC #117 Email from Ken Lania Date: September 11, 2013 (2 emails) Email from Lisa Eggleston Date: September 11, 2013 22. The term"Applicant" as used in this Order of Conditions shall refer to the owner, any successor in interest or successor in control of the property referenced in the Notice of Intent, supporting documents and this Order of Conditions. The NACC shall be notified in writing within 30 days of all transfers of title of any portion of property that takes place prior to the issuance of a Certificate of Compliance. 23. The conditions of this decision shall apply to, and be binding upon,the applicant, owner, its employees and all successors and assigns in interest or control. These obligations shall be expressed in covenants in all deeds to succeeding owners of portions of the property. 24. Failure to comply with all conditions stated herein, and with all related statutes and other regulatory measures, shall be deemed cause to revoke or modify this Order. 25. This Order does not grant any property rights or any exclusive privileges; it does not authorize any injury to private property or invasion of property rights. However, the NACC, agent of the NACC or the Department of Environmental Protection(DEP) reserves the right to enter and inspect the property at all reasonable times until a Certificate of Compliance is issued, to evaluate compliance with this Order of Conditions, the Act (310 CMR 10.00), the North Andover Wetland ByLaw and Regulations, and may require any information, measurements, photographs, observations, and/or materials, or may require the submittal of any data or information deemed necessary by the NACC for that evaluation. Further, work shall be halted on the site if the NACC, agent or DEP determines that any of the work is not in compliance with this Order of Conditions. Work shall not resume until the NACC is satisfied that the work will comply and has so notified the applicant in writing. 26. This Order does not relieve the permittee or any other person of the necessity of complying with all other applicable federal, state or local statutes, ordinances,by-laws or regulations. 27. The work authorized hereunder shall be completed within threes 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 of the North Andover Wetland Regulations). NACC#117,50 Royal Crest Estates,Drain Train G 2 NACC 9/26/2013 NACC #117 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. This Order of Conditions is issued in addition to OOCs issued by the Town of North Andover under NACC #111 and #112 and DEP File #s 242-1598 and 242-1599. Construction is currently active under these Orders. 32. 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). 33. The following wetland resource area is affected by the proposed work: Isolated Vegetated Wetland (IVW) and the associated Buffer Zone. This resource area is significant to the interests of the 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. 34. The NACC agrees with the applicant's delineation of the wetland resource areas on the site as shown on the plans dated referenced herein. An Order of Resource Area Delineation (ORAD) has also been issued for this site under DEP File #242-1567. 35. The NACC finds that the intensive use of the upland areas and buffer zone proposed on this site will cause further alteration of the wetland resource areas. In order to prevent any alteration of wetland resource areas a twenty five foot (25') No- Disturbance Zone and a fifty foot(50') No-Construction Zone shall be established from the edge of the adjacent wetland resource area except as shown as shown on the record plans referenced herein. The Conservation Administrator and/or other agents of the NACC do not have the authority to waive these setbacks as established under the local bylaw. No disturbance of existing grade, soils or vegetation is permitted in the No-Disturbance zone. (See Section 3.4 &Appendix F of the local Regulations). 36. 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. 37. 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 NACC#117,50 Royal Crest Estates,Drain Train G 3 NACC 9/26/2013 it NACC #117 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 38. No work shall be undertaken until all administrative appeal periods from this Order have elapsed or, if such an appeal has been filed,until all proceedings before the Department or Court have been completed. 39. This Order shall be recorded by the applicant at the Registry of Deeds immediately after the expiration of all appeal periods. No work shall be undertaken until the Final Order has been recorded in the Registry of Deeds or the Land Court for the district in which the land is located,within the chain of title of the affected property. In the case of recorded land, the Final Order shall also be noted in the Registry's Grantor Index under the name of the owner of the land upon which the proposed work is to be done. In the case of registered land, the Final Order shall also be noted on the Land Court Certificate of Title of the owner of the land upon which the proposed work is to be done. The recording information shall be submitted to the North Andover Conservation Commission on the form at the end of this Order prior to commencement of the work. Any Order not recorded by the applicant before work commences may be recorded by the NACC at the applicant's expense. 40. A sign shall be displayed at the work area not less than two square feet or more than three square feet in size bearing the words "NACC #117." 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 pp P P approval prior to implementation. If the NACC finds said changes to be significant, the NACC will call for anotherublic hearing at the expense of the applicant). Within P g ( p 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. 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. NACC#117,50 Royal Crest Estates,Drain Train G 4 NACC 9/26/2013 NACC #117 43. The applicant shall submit a Planting Plan for landscaping proposed in the buffer zone to wetland resource areas. All plantings proposed in wetland resource areas or the buffer zone shall be native species. The plan will be approved by the Conservation Department prior to commencement of landscaping activities. 44. Prior to any work commencing on-site, the applicant shall submit to the NACC for approval, a detailed and dated sequence of construction, including the installation of sedimentation/erosion control devices, excavation, drainage structure installation, landscaping and final stabilization. 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 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. Silt Sacks or similar catch basin protection will be installed in all catch basins within 100 feet of the proposed construction. The erosion control 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. 47. The applicant shall have on hand at the start of any soil disturbance, removal or stockpiling ten (10) hay bales and sufficient stakes for staking these bales (or an equivalent amount of silt fence or silt sock (12"), 1 hay bale to equal 3 feet of fence or sock). Said erosion controls shall be used only for the control of emergency erosion problems and shall not be used for the normal control of erosion. 48. A check payable to the Town of North Andover shall be provided in the amount of $1,500 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 NACC#117,50 Royal Crest Estates,Drain Train G 5 NACC 9/26/2013 NACC #117 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. 49. The applicant shall designate a Wetland Scientist (or other environmental professional as approved by the NACC or its agent) as an"Erosion Control Monitor" to oversee any emergency placement of controls and regular inspection or replacement of sedimentation control devices. The name and phone number of the erosion control monitor must be provided to the NACC in the event that this person has to be contacted, due to an emergency at the site, during any 24-hour period, including weekends. Proof of the retained monitor must be submitted to the Conservation Department on letterhead by the retained consulting firm. This person shall be given the authority to stop construction for erosion control purposes. The Environmental Professional will immediately notify the Conservation agent of any matter that requires attention by the Commission or the agent. The erosion control monitor will be required to inspect all such devices and oversee cleaning and the proper disposal of waste products. Cleaning shall include removal of any entrapped silt. 50. At least once during each week in which construction activities occurs on-site and for as long thereafter as ground remains unstabilized,the applicant shall submit a written report with photos from the"Erosion Control Monitor" to the NACC certifying that, to the best of his/her knowledge and belief based on a careful site inspection, all work is being performed in compliance with this Order of Conditions and that approved setbacks are being adhered to. The erosion control monitor must visually inspect all sedimentation/erosion control measures and assume responsibility for their maintenance on a weekly basis and that they are functioning as intended. In addition, all wetland resource areas must be visually inspected for siltation, turbidity, and/or other water quality impacts. The Erosion Control Monitor shall be on site during and/or following a major storm event of 1/2' inch of rain or greater (24 hour event) to ensure that soils remain stable, and erosion controls are adequate and secure 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 prior to the closing of said land transaction. NACC#117,50 Royal Crest Estates,Drain Train G 6 NACC 9/26/2013 NACC #117 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, the contractor,the engineer,wetland scientist and the applicant to ensure that all of the Conditions of this Order are understood. This Order shall be included in all construction contracts, subcontracts, and specifications dealing with the work proposed and shall supersede any conflicting contract requirements. The applicant shall assure that all contractors, subcontractors and other personnel performing the permitted work are fully aware of the permit's terms and conditions. Thereafter, the contractor will be held jointly liable for any violation of this Order of Conditions resulting from failure to comply with its conditions. The applicant or contractor shall notify the NACC in writing of the identity of the on-site construction supervisor hired to coordinate construction and to ensure compliance with this Order. A reasonable period of time shall be provided as notice of the pre-construction meeting (e.g. 72 hours). JISTORMWATER MANAGEMENT CONDITIONS 53. All construction and post-construction stormwater management shall be conducted in accordance with supporting documents submitted with the Notice of Intent, the Department of Environmental Protection Stormwater Management Policy and as approved by the NACC in this Order of Conditions. 54. There shall be no increase in the post development discharges from the storm drainage system or any other changes in post development conditions that alter the post development watershed boundaries as currently depicted in the Notice of Intent and approvedY b this Order of Conditions, unless specifically approved in writing by the Commission. 55. Water quality in down gradient BVW's shall not differ significantly following completion of the project from the pre-development conditions. There shall be no sedimentation into wetlands or water bodies from discharge pipes or surface runoff leaving the site. 56. All stormwater best management practices shall be continually maintained as specified in the Operation and Maintenance Plan (submitted as part of DEP File #242- 1550 and updated in this filing) and incorporated in the Order of Conditions. 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. Maintenance of the stormwater management system shall be conducted on an annual basis by a Registered Professional Civil Engineer. Maintenance bills submitted by cleaning contractors (catch basins, stormcepters, etc.) shall be maintained with annual engineering reports. A log/proof of annual maintenance activities as required by the Operation &Maintenance Plan shall be maintained for not less than NACC#117,50 Royal Crest Estates,Drain Train G 7 NACC 9/26/2013 NACC #117 the prior 5 year period. The NACC reserves the right to request documentation of maintenance activities for purposes of verification of this Order. 57. The applicants, owners, and their successors and assignees, shall maintain all culverts, collections basins, traps, outlet structures, subsurface storage areas, and other elements of the drainage system, in order to avoid blockages and siltation which might cause failure of the system and/or detrimental impacts to on-site or off-site resource areas, and shall maintain the integrity of vegetative cover on the site. DURING CONSTRUCTION 58. g Up g on beginning work, the applicant shall submit written weekly progress reports detailing what work has been done in or near resource areas, and what work is anticipated to be done over the next period. This will update the construction sequence. Reports shall be submitted in as part of the weekly environmental monitoring report(see Condition #50). 59. Dewatering activities are not proposed as part of the filing. No discharge of water is allowed directly into an area subject to jurisdiction of the Wetlands Protection Act and/or the North Andover Wetland Bylaw. If emergency de-watering requirements arise, the applicant shall submit a contingency plan to the Commission for approval, which provides for the pumped water to be contained in a settling basin, to reduce turbidity prior to discharge into a resource area. 60. Associated pavement and roadways shall be swept at least weekly or as directed by the Erosion Control monitor, the Site Supervisor, Project Manager, or Conservation staff for as long as the site remains exposed and un-stabilized. 61. 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. 62. 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. 63. 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. NACC 4117,50 Royal Crest Estates,Drain Train G 8 NACC 9/26/2013 NACC #117 64. There shall be no stockpiling of soil or other materials within fifty (50) feet of any resource area. 65. Washings from concrete trucks, or surplus concrete, shall not be directed to, any drainage system, or wetland resource area. If truck washing is to be done on site an area shall be designated and approved by the Conservation Department. 66. 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. 67. Accepted engineering and construction standards and procedures shall be followed in the completion of the project. 68. 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 69. 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. 70. 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. 71. There shall be no dumping of leaves, grass clippings,brush, or other debris into a wetland resource or stormwater area or within 25 feet of a wetland resource area. This condition shall remain in perpetuity. NACC#117,50 Royal Crest Estates,Drain Train G 9 NACC 9/26/2013 NACC #117 72. 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. 73. Plantings shall be monitored for two growing seasons (April- October for two years) by a qualified environmental professional with a monitoring report, including photographs, submitted to the NACC by November 1 of each year. Plants that die or are not thriving during the monitoring period shall be replaced. 74. 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. 75. 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 recorded Order of Conditions prior to purchasing their property. understood the p p g e. The name and address of the individual/trust or corporation to whom the compliance is to be granted. f. The street address and assessor's map/parcel number for the project. g. The DEP file number. h. A written statement from a Registered Professional Civil Engineer (and/or Registered Professional Land Surveyor) of the Commonwealth certifying that the work has been conducted as shown on the plan(s) and documents referenced above, and as conditioned by the Commission. i. An"As-Built" plan prepared and signed and stamped by a Registered Professional Civil Engineer (P.E.) (and/or Registered Professional Land Surveyor) of the Commonwealth, for the public record. This plan will include: ➢ "As-Built" post-development elevations of all drainage &stormwater management structures constructed within 100 feet of any wetland resource area. NOTE: If portions of the stormwater systems exist partially within the Buffer Zone than the entire structure must be depicted to accurately verify compliance. ➢ "As-Built" post-development elevations and grades of all filled or altered wetland resource areas including the encompassing buffer zone which is regulated as a resource area under the local Wetland Protection Bylaw. NACC#117,50 Royal Crest Estates,Drain Train G 10 NACC 9/26/2013 I Y NACC #117 ➢ Distances from structures to wetland resource areas. Structures include (but are not limited to) septic systems, additions,fences, sheds, stone walls, pools, retaining walls, subsurface utilities and decks. ➢ A line showing the limit of work and the extent of existing erosion control devices. "Work" includes as disturbance of soils or vegetation. ➢ Location of all subsurface utilities entering the property. I 76. 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 NACC # 117. Future work within 100' of existing wetland resource areas will require a separate filing with the NACC (refer to Section 3.4 of the Regulations for performance standards within these zones) The Conservation Administrator and/or other agents of the NACC do not have the authority to waive these setbacks as established under the local ByLaw; ➢ Stormwater Management System Operations and Maintenance (Condition #56) ➢ Discharge or spillage of pollutants (Condition#68); ➢ Prohibition of underground fuels (Condition #69); ➢ Limitations on the use of fertilizers herbicides and pesticides (Conditions #70) ➢ Prohibition of dumping of leaves, grass clippings, brush, or other debris (Condition#71). NACC#117,50 Royal Crest Estates,Drain Train G 11 NACC 9/26/2013 Y NACC #117 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 of (position with applicant) (applicant name or company name) the applicant upon whom Order of Conditions have been placed upon by (DEP or NACC number) the North Andover Conservation Commission. &/or 2• 1 am the of (position with owner) (owner name) the owner upon whose land p Order of Conditions have been placed up by (DEP or NACC number) the North Andover Conservation Commission. & 3. 1 hereby affirm and acknowledge that I have received said Order of Conditions and have read the same and understand each (DEP File#) and every condition which has been set forth in said Order of Conditions. & 4. I hereby affirm and acknowledge that on this day of 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#117,50 Royal Crest Estates,Drain Train G 12 NACC 9/26/2013 Existing Stormwater Management System Oneration & Maintenance Manual -- SEP 1 1 2013 NORTH ANDOVER Royal Crest Estates CONSERVATION COMMISSION 50 Royal Crest Drive North Andover, Massachusetts Prepared,for AIMCO North Andover, LLC 50 Royal Crest Drive North Andover, Massachusetts 01845 November 15, 2012 (Last Revised September 11, 2013) Land. Consultants, ine. �il Engineering•Land Surveying• Land Planning 61 Main Street • P.O. Box 657 • Pepperell, MA 01463 Phone: 978-433-8100 • Fax: 978-433-8125 ✓ i I I I I DEP File Number: Ll WPA Form 8B — Certificate of Compliance NACC#95 Provided by DEP A. Project Information Important: When filling out 1. This Certificate of Compliance is issued to: forms on the computer, use AIMCO North Andover, LLC only the tab key Name � to move your 50 Royal Crest Drive cursor-do not Mailing Address use the return key. North Andover MA 01845 City/Town State Zip Code r� 2. This Certificate of Compliance is issued for work regulated by a final Order of Conditions issued to: AIMCO North Andover, LLC Name June 7, 2012 NACC#95 Dated DEP File Number 3. The project site is located at: 50 Royal Crest Drive North Andover Street Address City/Town Map 25 Lots 35/66 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 12992 189 County Book Page Certificate 4. A site inspection was made in the presence of the applicant, or the applicant's agent, on: 7/9/13 Date wpafrm8b.doc•rev.12/23/09 WPA Form 8B,Certificate of Compliance•Page 1 of 3 DEP File Number: WPA Form 8B — Certificate of Compliance NACC#95 LL111 Provided by DEP B. Certification Check all that apply: ® Complete Certification: It is hereby certified that the work regulated by the above-referenced Order of Conditions has been satisfactorily completed. ❑ Partial Certification: It is hereby certified that only the following portions of work regulated by the above-referenced Order of Conditions have been satisfactorily completed. The project areas or work subject to this partial certification that have been completed and are released from this Order are.- Invalid re: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: 79 C. Authorization Issued by: North Andover IC/ 2 Conservation Commission Dat of Iss nce This Certificate must be signed by a majority of the Conservation Commission and a copy sent to the applicant and appropriate DEP Regional Office (See http://www.mass.gov/dep/about/region/findvour.htm). Signatures: wpafrm8b.doc•rev.12/23/09 WPA Form 8B,Certificate of Compliance•Page 2 of 3 ILI DEP File Number: WPA Form 8B — Certificate of Compliance NACC#95 , _ _ 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: 50 Royal Crest Drive NACC#95 Project Location DEP File Number Has been recorded at the Registry of Deeds of: Essex North County for: AIMCO North Andover, LLC Property Owner and has been noted in the chain of title of the affected property on: Date Book Page If recorded land, the instrument number which identifies this transaction is: If registered land, the document number which identifies this transaction is: Document Number Signature of Applicant wpafrm8b.doc•rev.12/23/09 WPA Form 8B,Certificate of Compliance•Page 3 of 3 DEP File Number: WPA Form 8B — Certificate of Compliance NACC#95 L11 ` Provided by DEP A. Project Information Important: When filling out 1. This Certificate of Compliance is issued to: forms on the computer, use AIMCO North Andover, LLC only the tab key Name to move your 50 Royal Crest Drive cursor-do not use the return Mailing Address key. North Andover MA 01845 City/Town State Zip Code r� 2. This Certificate of Compliance is issued for work regulated by a final Order of Conditions issued to: AIMCO North Andover, LLC Name June 7, 2012 NACC#95 Dated DEP File Number 3. The project site is located at: 50 Royal Crest Drive North Andover Street Address City/Town Map 25 Lots 35/66 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 12992 189 County Book Page Certificate 4. A site inspection was made in the presence of the applicant, or the applicant's agent, on: 7/9/13 Date wpafrm8b.doc•rev.12/23/09 WPA Form 8B,Certificate of Compliance•Page 1 of 3 DEP File Number: WPA Form 8B — Certificate of Compliance NACC#95 Ll Provided by DEP B. Certification Check all that apply: ® Complete Certification: It is hereby certified that the work regulated by the above-referenced Order of Conditions has been satisfactorily completed. ❑ Partial Certification: It is hereby certified that only the following portions of work regulated by the above-referenced Order of Conditions have been satisfactorily completed. The project areas or work subject to this partial certification that have been completed and are released from this Order are: ❑ Invalid Order of Conditions: It is hereby certified that the work regulated by the above-referenced Order of Conditions never commenced. The Order of Conditions has lapsed and is therefore no longer valid. No future work subject to regulation under the Wetlands Protection Act may commence without filing a new Notice of Intent and receiving a new Order of Conditions. ® Ongoing Conditions: The following conditions of the Order shall continue: (Include any conditions contained in the Final Order, such as maintenance or monitoring, that should continue for a longer period). Condition Numbers: 79 C. Authorization Issued by: North Andover ° Conservation Commission Dat/'llss nee This Certificate must be signed by a majority of the Conservation Commission and a copy sent to the applicant and appropriate DEP Regional Office(See http://www.mass.gov/dep/about/region/findyour.htm). Signatures: wpafrm8b.doc•rev.12/23/09 WPA Form 8B,Certificate of Compliance•Page 2 of 3 I DEP File Number: WPA Form 8B — Certificate of Compliance NACC#95 Ll ?rovided 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: 50 Royal Crest Drive NACC#95 Project Location DEP File Number Has been recorded at the Registry of Deeds of: Essex North County for: AIMCO North Andover, LLC 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 i 9 :s Document Number Signature of Applicant wpafrm8b.doc•rev.12/23/09 WPA Form 88,Certificate of Compliance•Page 3 of 3 c � LlMassachusetts Department of Environmental Protection Provided by MassDEP: Bureau of Resource Protection-Wetlands MassDEP File#:242-1599 WPA Form 5 -Order of Conditions eDEP Transaction#:577854 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. F OOC b.r Amended OOC 3.Applicant Details a.First Name DAN b.Last Name MILINAZZO c.Organization AIMCO NORTH ANDOVER,LLC d.Mailing Address 50 ROYAL CREST DRIVE e.City/Town NORTH ANDOVER f.State MA g.Zip Code 01845 4. Property Owner a.First Name DAN b.Last Name MILINAZZO c.Organization AIMCO NORTH ANDOVER,LLC d.Mailing Address 50 ROYAL CREST DRIVE e.City/Town NORTH ANDOVER f.State MA g.Zip Code 01845 5. Project Location a.Street Address 50 ROYAL CREST DRIVE-BUILDING 23&26 b.CitylTown NORTH ANDOVER c.Zip Code 01845 d.Assessors Map/Plat# 25 e.Parcel/Lot# 35,66 f.Latitude 42.67143N g.Longitude 71.11795W 6.Property recorded at the Registry of Deed for: a.County b.Certificate c.Book d.Page NORTHERN ESSEX 10934 47 7.Dates a.Date NOI Filed: 6/21/2013 b.Date Public Hearing Closed: 7/10/2013 c.Date Of Issuance: 7/12/2013 81inal Approved Plans and Other Documents a.Plan Title: b.Plan Prepared by: c.Plan Signed/Stamped by: d.Revised Final Date: e.Scale: SITE PLAN FOUNDATION DRAINAGE BLDGS CORNERSTONE 23&26 ROYAL LAND JOHN A.VISNIEWSKI June 12,2013 1"=20' CREST ESTATES(2 CONSULTANTS,INC. PLANS,3 SHEETS EACH) Page 1 of 10 *ELECTRONIC COPY Massachusetts Department of Environmental Protection Provided by MassDEP: Bureau of Resource Protection- Wetlands MassDEP File#:242-1599 WPA Form 5 -Order of Conditions eDEP Transaction#:577854 Massachusetts Wetlands Protection Act M.G.L.c. 131, §40 City/Town:NORTH ANDOVER 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. r Land Containing Shellfish c.F Prevention of Pollution d. r Private Water Supply e. F Fisheries f. F Protection of Wildlife Habitat g. r7l Ground Water Supply h. r✓; Storm Damage Prevention i. f✓ Flood Control 2.Commission hereby finds the project,as proposed,is: Approved subject to: a. f✓The following conditions which are necessary in accordance with the performance standards set forth in the wetlands regulations. This Commission orders that all work shall be performed in accordance with the Notice of Intent referenced above,the following General Conditions,and any other special conditions attached to this Order.To the extent that the following conditions modify or differ from the plans,specifications,or other proposals submitted with the Notice of Intent,these conditions shall control. Denied because: b.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 74 area specified in 310CMR10.02(1)(a). a.linear feet Inland Resource Area Impacts:(For Approvals Only): Resource Area Proposed Permitted Proposed Permitted Alteration Alteration Replacement Replacement 4. r Bank a.linear feet b.linear feet c.linear feet d.linear feet 5.F Bordering Vegetated Wetland a.square feet b.square feet c.square feet d.square feet 6. r Land under Waterbodies and Waterways a.square feet b.square feet c.square feet d.square feet Page 2 of 10*ELECTRONIC COPY 1 ; Massachusetts Department of Environmental Protection Provided by MassDEP: L7 Bureau of Resource Protection- Wetlands MassDEP File#:242-1599 WPA Form 5 - Order of Conditions eDEP Transaction#:577854 Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 City/Town-.NORTH ANDOVER e.cly 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 ft g.square feet h.square feet i.square feet j.square feet Coastal Resource Area Impacts: Proposed Permitted Proposed Permitted Resource Area p p Alteration Alteration Replacement Replacement 10.r Designated Port Areas Indicate size under Land Under the Ocean,below 11.r Land Under the Ocean a.square feet b.square feet c.c/y dredged d.c/y dredged 12.r Barrier Beaches Indicate size under Coastal Beaches and/or Coastal Dunes below 13.C Coastal Beaches a.square feet b.square feet c.c/y nourishment d.c/y nourishment 14.C Coastal Dunes a square feet b.square feet c.c/y nourishment d.c/y nourishment 15.r Coastal Banks a.linear feet b.linear feet 16.r—Rocky Intertidal Shores a.square feet b.square feet 17.r Salt Marshes b. a.square feet 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 � f Massachusetts Department of Environmental Protection Provided by MassDEP: _--- Bureau of Resource Protection-Wetlands MassDEP File#:242-1599 VRA Form 5 -Order of Conditions eDEP Transaction#:577854 Massachusetts Wetlands Protection Act M.G.L.c. 131, §40 City/Town:NORTH ANDOVER 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.F Land Subject to Coastal Storm Flowage square feet b.square feet 22. F Restoration/Enhancement(For Approvals Only) If the project ig 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. C Streams Crossing(s) If the project involves Stream Crossings,please enter the number of new stream crossings/number of replacement stream crossings. a.number of new stream crossings b.number of replacement stream crossings C. General Conditions Under Massachusetts Wetlands Protection Act The following conditions are only applicable to Approved projects 1. Failure to comply with all conditions stated herein,and with all related statutes and other regulatory measures,shall be deemed cause to revoke or modify this Order. 2. The Order does not grant any property rights or any exclusive privileges;it does not authorize any injury to private property or invasion of private rights. 3. This Order does not relieve the permittee or any other person of the necessity of complying with all other applicable federal, state,or local statutes,ordinances,bylaws,or regulations. 4. The work authorized hereunder shall be completed within three years from the date of this Order unless either of the following apply: a.the work is a maintenance dredging project as provided for in the Act;or b.the time for completion has been extended to a specified date more than three years,but less than five years,from the date of issuance.If this Order is intended to be valid for more than three years,the extension date and the special circumstances warranting the extended time period are set forth as a special condition in this Order. 5. This Order may be extended by the issuing authority for one or more periods of up to three years each upon application to the issuing authority at least 30 days prior to the expiration date of the Order. 6. If this Order constitutes an Amended Order of Conditions,this Amended Order of Conditions does not exceed the issuance date of the original Final Order of Conditions. 7. Any fill used in connection with this project shall be clean fill.Any fill shall contain no trash,refuse,rubbish,or debris,including but not limited to lumber,bricks,plaster,wire,lath,paper,cardboard,pipe,tires,ashes,refrigerators,motor vehicles,or parts of any of the foregoing. 8. This Order is not final until all administrative appeal periods from this Order have elapsed,or if such an appeal has been taken, Page 4 of 10*ELECTRONIC COPY Massachusetts Department of Environmental Protection Provided by MassDEP: -� Bureau of Resource Protection-Wetlands MassDEP File#:242-1599 WPA Form 5 -Order of Conditions eDEP Transaction 4:577854 Massachusetts Wetlands Protection Act M.G.L.c. 131, §40 City/Town:NORTH ANDOVER 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:"242-1599" 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 413 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)f subject to the Massachusetts Stormwater Standards. If the work is subject to Stormwater Standards,then the project is subject to the following conditions; a) All work,including site preparation,land disturbance,construction and redevelopment,shall be implemented in accordance with the construction period pollution prevention and erosion and sedimentation control plan and,if applicable,the Stormwater Pollution Prevention Plan required by the National Pollutant Discharge Elimination System Construction General Permit as required by Stormwater Standard 8.Construction period erosion,sedimentation and pollution control measures and best management practices(BMPs)shall remain in place until the site is fully stabilized. b) No stormwater runoff may be discharged to the post-construction stormwater BMPs unless and until a Registered Professional Engineer provides a Certification that:i.all construction period BMPs have been removed or will be removed by a date certain specified in the Certification.For any construction period BMPs intended to be converted to post construction operation for stormwater attenuation,recharge,and/or treatment,the conversion is allowed by the MassDEP Stormwater Page 5 of 10*ELECTRONIC COPY Massachusetts Department of Environmental Protection Provided by MassDEP: Bureau of Resource Protection-Wetlands MassDEP File 4:242-1599 WeDEP Transaction#:577854PA Form 5 -Order of Conditions City/Town:NORTH ANDOVER Massachusetts Wetlands Protection Act M.G.L.c. 131, §40 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 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 Pollutant Discharge Elimination System Multi-Sector General Permit. e) Unless and until another party accepts responsibility,the landowner,or owner of any drainage easement,assumes responsibility for maintaining each BMP.To overcome this presumption,the landowner of the property must submit to the issuing authority a legally binding agreement of record,acceptable to the issuing authority,evidencing that another entity has accepted responsibility for maintaining the BMP,and that the proposed responsible party shall be treated as a permittee for purposes of implementing the requirements of Conditions 19(f)through 19(k)with respect to that BMP.Any failure of the proposed responsible party to 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 O&M Plan, and the requirements of the Massachusetts Stormwater Handbook. g) The responsible party shall: 1.Maintain an operation and maintenance log for the last three(3)consecutive calendar years of inspections,repairs, maintenance and/or replacement of the stormwater management system or any part thereof,and disposal(for disposal the log shall indicate the type of material and the disposal location); 2.Make the maintenance log available to MassDEP and the Conservation Commission("Commission")upon request;and 3.Allow members and agents of the MassDEP and the Commission to enter and inspect the site to evaluate and ensure that the responsible party is in compliance with the requirements for each BMP established in the O&M Plan approved by the issuing authority. h) All sediment or other contaminants removed from stormwater BMPs shall be disposed of in accordance with all applicable federal,state,and local laws and regulations. i) Illicit discharges to the stormwater management system as defined in 310 CMR 10.04 are prohibited. j) The stormwater management system approved in the Order of Conditions shall not be changed without the prior written approval of the issuing authority. 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 Page 6 of 10*ELECTRONIC COPY Massachusetts Department of Environmental Protection Provided by MassDEP: Bureau of Resource Protection-Wetlands MassDEP File#:242-1599 J~ WPA Form 5 -Order of Conditions eDEP Transaction#:577854 (� Massachusetts Wetlands Protection Act M.G.L.c. 131,§40 City/Town:NORTH ANDOVER 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 LlMassachusetts Department of Environmental Protection Provided by MassDEP: Bureau of Resource Protection-Wetlands MassDEP File#:242-1599 WPA Form 5 -Order of Conditions eDEP Transaction#:577854 Massachusetts Wetlands Protection Act M.G.L.c. 131,§40 City/Town:NORTH ANDOVER A Findings Under Municipal Wetlands Bylaw or Ordinance 1• Is a municipal wetlands bylaw or ordinance applicable?r Yes r No 2. The Conservation Commission hereby_(check one that applies a. r DENIES the proposed work which cannot be conditioned to meet the standards set forth in a municipal ordinance or bylaw specifically: 1.Municipal Ordinance or Bylaw 2.Citation Therefore,work on this project may not go forward unless and until a revised Notice of Intent is submitted which provides measures which are adequate to meet these standards,and a final Order or Conditions is issued.Which are necessary to comply with a municipal ordinance or bylaw: b. r APPROVES the proposed work,subject to the following additional conditions. NORTH ANDOVER 1.Municipal Ordinance or Bylaw WETLANDS 2.Citation CHAPTER 178 PROTECTION BYLAW 3. The Commission orders that all work shall be performed in accordance with the following conditions and with the Notice of Intent referenced above.To the extent that the following conditions modify or differ from the plans,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 MassDEP File#:242-1599 �. WPA Form 5 -Order of Conditions eDEP Transaction#:577854 !, Massachusetts Wetlands Protection Act M.G.L.c. 131,§40 City/Town:NORTH ANDOVER E. Signatures This Order is valid for three years from the date of issuance,unless otherwise specified "l pursuant to General Condition#4.If this is an Amended Order of Conditions,the Amended 1.Date of O iginal Order Order expires on the same date as the original Order of Conditions. Please indicate the number of members who will sign this form.This Order must be signed by 2 Number of Signers a majority of the Conservation Commission. The Order must be mailed by certified mail(return receipt requested)or hand delivered to the applicant.A copy also must be mailed or hand delivered at the same time to the appropriate Department of Environmental Protection Regional Office,if not filing electronically,and the property owner,if different from applicant. Signatures: iz F by hand delivery on r�y certified mail,return receipt requested,on -/'9113 Date Date F. Appeals The applicant,the owner,any person aggrieved by this Order,any owner of land abutting the land subject to this Order,or any ten residents of the city or town in which such land is located,are hereby notified of their right to request the appropriate MassDEP Regional Office to issue a Superseding Order of Conditions.The request must be made by certified mail or hand delivery to the Department,with the appropriate filing fee and a completed Request for Departmental Action Fee Transmittal Form,as provided in 310 CMR 10.03(7)within ten business days from the date of issuance of this Order.A copy of the request shall at the same time be sent by certified mail or hand delivery to the Conservation Commission and to the applicant,if he/she is not the appellant. Any appellants seeking to appeal the Department's Superseding Order associated with this appeal will be required to demonstrate prior participation in the review of this project.Previous participation in the permit proceeding means the submission of written information to the Conservation Commission prior to the close of the public hearing,requesting a Superseding Order,or providing written information to the Department prior to issuance of a Superseding Order. The request shall state clearly and concisely the objections to the Order which is being appealed and how the Order does not contribute to the protection of the interests identified in the Massachusetts Wetlands Protection Act(M.G.L.c. 131,§40),and is inconsistent with the wetlands regulations(3 10 CMR 10.00).To the extent that the Order is based on a municipal ordinance or bylaw, and not on the Massachusetts Wetlands Protection Act or regulations,the Department has no appellate jurisdiction. Page 9 of 10*ELECTRONIC COPY LlMassachusetts Department of Environmental Protection Provided by MassDEP: Bureau of Resource Protection-Wetlands MassDEP File#:242-1599 WPA Form 5 -Order of Conditions eDEP Transaction#:577854 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 he,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: 50 ROYAL CREST DRIVE-BUILDING 23&26 242-1599 Project Location MassDEP File Number Has been recorded at the Registry of Deeds of: County Book Page for: Property Owner DAN MILINAZZO and has been noted in the chain of title of the affectedroe in: p P rh' Book Page In accordance with the Order of Conditions issued on: Date If recorded land,the instrument number identifying this transaction is: Instrument Number If registered land,the document number identifying this transaction is: Document Number Signature of Applicant Rev.4/1/2010 Page 10 of 10 *ELECTRONIC COPY DEP FILE #242 - 1599 Therefore, the North Andover Conservation Commission (hereafter the "NACU") hereby finds that the following conditions are necessary, in accordance with the Performance Standards set forth in the State Regulations, the local ByLaw and Regulations, to protect those interests noted above. The NACC orders that all work shall be performed in accordance with said conditions and with the Notice of Intent referenced below. To the extent that the following conditions modify or differ from the plans, specifications or other proposals submitted with the Notice of Intent,the conditions shall control. GENERAL CONDITIONS 20. The proposed work includes: installation of foundation drainage with new connections to existing outlet structures for Buildings #23 and #26 in the 100-foot Buffer Zone to Bordering Vegetated Wetland and Isolated Vegetated Wetland. Waterproofing and repairs will also be conducted on the foundation. New precast concrete stairs will be installed. Roof drain connections will be installed and capped with no downspout connections allowed as part of this filing. New landscaping will also be installed. 21. The work shall conform to the following(except as noted in the remainder of this document where revisions may be required): Applicant/Property Owner: Dan Milinazzo AIMCO North Andover, LLC 50 Royal Crest Drive North Andover, Massachusetts 01845 Notice of Intent filed by: Kenneth Lania Cornerstone Land Consultants, Inc. 1794 Bridge Street- Unit 17B Dracut, MA 0182 Dated: June 13,2013 Site Plans prepared by: Cornerstone Land Consultants, Inc. Titled: Foundation Drainage Site Plan Foundation Drainage Bldg 23 - Royal Crest Estates Date: June 12, 2013 Sheets 1 -3 Stamped by: John A. Visniewski,P.E. Cornerstone Land Consultants, Inc. Titled: Foundation Drainage Site Plan Foundation Drainage Bldg 26 - Royal Crest Estates Date: June 12,2013 Sheets 1 -3 242-1599,50 Royal Crest Estates,Building 23&26 1 NACC 7/12/2013 DEP FILE #242 - 1599 Stamped by: John A. Visniewski, P.E. 22. The term"Applicant" as used in this Order of Conditions shall refer to the owner, any successor in interest or successor in control of the property referenced in the Notice of Intent, supporting documents and this Order of Conditions. The NACC shall be notified in writing within 30 days of all transfers of title of any portion of property that takes place prior to the issuance of a Certificate of Compliance. 23. The conditions of this decision shall apply to, and be binding upon, the applicant, owner, its employees and all successors and assigns in interest or control. These obligations shall be expressed in covenants in all deeds to succeeding owners of portions of the property. 24. Failure to comply with all conditions stated herein, and with all related statutes and other regulatory measures, shall be deemed cause to revoke or modify this Order. 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 p p Conditions,the Act (310 CMR 10.00), the North Andover Wetland ByLaw and Regulations, and may require any information, measurements, photographs, observations, and/or materials, or may require the submittal of any data or information deemed necessary by the NACC for that evaluation. Further,work shall be halted on the site if the NACC, agent or DEP determines that any of the work is not in compliance with this Order of Conditions. Work shall not resume until the NACC is satisfied that the work will comply and has so notified the applicant in writing. 26. This Order does not relieve the permittee or any other person of the necessity of complying with all other applicable federal, state or local statutes, ordinances,by-laws or regulations. 27. The work authorized hereunder shall be completed within three 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 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. 242-1599,50 Royal Crest Estates,Building 23&26 2 NACC 7/12/2013 DEP FILE #242 - 1599 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. This Order of Conditions is issued in addition to an OOC issued by the Town of North Andover under NACC #32 which received a Certificate of Compliance on March 14, 2012. Four additional Orders of Conditions have been issued under DEP File No. 242- 1550, 242-1568 and NACC #94 and 95. Work has been completed on these orders and several Certificates of Compliance have been requested and action is pending. 32. 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). 33. The following wetland resource areas are affected by the proposed work: Buffer Zone to Bordering Vegetated Wetland (BVW) and Isolated Vegetated Wetland (IVW). 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. 34. The NACC agrees with the applicant's delineation of the wetland resource areas on the site as shown on the plans dated referenced herein. An Order of Resource Area Delineation(ORAD) has also been issued for this site under DEP File #242-1567. 35. The NACC finds that the intensive use of the upland areas and buffer zone proposed on this site will cause further alteration of the wetland resource areas. In order to prevent any alteration of wetland resource areas a twenty five foot (25) No- Disturbance Zone and a fifty foot (50) No-Construction Zone shall be established from the edge of the adjacent wetland resource area except as shown as shown on the record plans referenced herein. The Conservation Administrator and/or other agents of the NACC do not have the authority to waive these setbacks as established under the local bylaw. No disturbance of existing grade, soils or vegetation is permitted in the No-Disturbance zone. (See Section 3.4 &Appendix F of the local Regulations). 36. 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. 37. 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 242-1599,50 Royal Crest Estates,Building 23&26 3 NACC 7/12/2013 DEP FILE#242 - 1599 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. "rPRIORO CONSTRUCTION 38. No work shall be undertaken until all administrative appeal periods from this Order have elapsed or, if such an appeal has been filed, until all proceedings before the Department or Court have been completed. 9. This Order shall be recorded b the applicant at the Registry of Deeds immediate) 3 Y pp g Y Y after the expiration of all appeal periods. No work shall be undertaken until the Final Order has been recorded in the Registry of Deeds or the Land Court for the district in which the land is located,within the chain of title of the affected property. In the case of recorded land, the Final Order shall also be noted in the Registry's Grantor Index under the name of the owner of the land upon which the proposed work is to be done. In the case of registered land, the Final Order shall also be noted on the Land Court Certificate of Title of the owner of the land upon which the proposed work is to be done. The recording information shall be submitted to the North Andover Conservation Commission on the form at the end of this Order prior to commencement of the work. Any Order not recorded by the applicant before work commences may be recorded by the NACC at the applicant's expense. 40. A sign shall be displayed at the work area not less than two square feet or more than three square feet in size bearing the words "Massachusetts DEP, File Number 242- 1599." 41. Any changes in the submitted plans caused by the applicant, another Boards 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. An errors found in the plans or information submitted b the Y Y applicant shall be considered asch changes. No work shall begin on a protect 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. The applicant shall submit a Planting Plan for landscaping proposed in the buffer zone to wetland resource areas. All plantings proposed in wetland resource areas or the 242-1599,50 Royal Crest Estates,Building 23&26 4 NACC 7/12/2013 DEP FILE#242 - 1599 buffer zone shall be native species. The plan will be approved by the Conservation Department prior to commencement of landscaping activities. 44. Prior to any work commencing on-site, the applicant shall submit to the NACC for approval, a detailed and dated sequence of construction, including the installation of sedimentation/erosion control devices, installation of foundation drains, landscaping and final stabilization. 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 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. A row of trenched siltation fence or other erosion control to be approved by the Conservation Department shall be placed between all construction areas and wetlands. The erosion control barrier will be properly installed and placed as close to the proposed work as possible and no closer than 25 from delineated resource areas. The erosion control 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. 47. The applicant shall have on hand at the start of any soil disturbance, removal or stockpiling ten (10) hay bales and sufficient stakes for staking these bales (or an equivalent amount of silt fence, 1 hay bale to equal 3 feet of fence or filter sock). Said bales shall be used only for the control of emergency erosion problems and shall not be used for the normal control of erosion. 48. A check payable to the Town of North Andover shall be provided in the amount of $1,000 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 242-1599, 50 Royal Crest Estates,Building 23&26 5 NACC 7/12/2013 I DEP FILE#242 - 1599 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. 49. The applicant shall designate a Wetland Scientist (or other environmental professional as approved by the NACC or its agent) as an"Erosion Control Monitor" to oversee any emergency placement of controls and regular inspection or replacement of sedimentation control devices. The name and phone number of the erosion control monitor must be provided to the NACC in the event that this person has to be contacted, due to an emergency at the site, during any 24-hour period, including weekends. Proof of the retained monitor must be submitted to the Conservation Department on letterhead by the retained consulting firm. This person shall be given the authority to stop construction for erosion control purposes. The Environmental Professional will immediately notify the Conservation agent of any matter that requires attention by the Commission or the agent. The erosion control monitor will be required to inspect all such devices and oversee cleaning and the proper disposal of waste products. Cleaning shall include removal of any entrapped silt. 50. At least once during each week in which construction activities occurs on-site and for as long thereafter as ground remains unstabilized, the applicant shall submit a written report with photos from the "Erosion Control Monitor" to the NACC certifying that, to the best of his/her knowledge and belief based on a careful site inspection, all work is being performed in compliance with this Order of Conditions and that approved setbacks are being adhered to. The erosion control monitor must visually inspect all sedimentation/erosion control measures and assume responsibility for their maintenance on a weekly basis and that they are functioning as intended. In addition, all wetland resource areas must be visually inspected for siltation,turbidity, and/or other water quality impacts. The Erosion Control Monitor shall be on site during and/or following a major storm event of 1/2' inch of rain or greater (24 hour event) to ensure that soils remain stable, and erosion controls are adequate and secure 51. Prior to construction, the applicant shall permanently mark the edge of the "25' No- Disturbance Zone" to Bordering Vegetated Wetland (or at the existing limit of clearing) with signs or markers (placed on pressure treated posts if necessary) spaced evenly every 30 feet incorporating the following text: "Protected Wetland Resource Area" and the associated rules (1 square for every 3 round markers). 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 242-1599,50 Royal Crest Estates,Building 23&26 6 NACC 7/12/2013 DEP FILE #242 - 1599 perpetuity. Markers may be obtained at the Conservation Department ($2 round/$3 square). 52. The applicant and/or the legal owner of that portion of land upon which these Orders of Conditions have been placed shall provide to the NACC prior to transferring, or assigning any portion of said land to another party, subject to said Orders of Conditions,the "Compliance Certification Form Affidavit" attached via "Appendix A" signed under the pains and penalties of perjury, stating that said applicant and/or owner has read these Orders of Conditions and is in compliance with each and every condition. This document shall apply to each of the conditions referenced herein and shall be provided to the Conservation Department at least five (5) business days prior to the closing of said land transaction. 53. Once these above mentioned pre-construction requirements are complete, the applicant shall contact the Conservation Office prior to site preparation or construction and shall arrange an on-site conference with an NACC representative, the contractor, the engineer, wetland scientist and the applicant to ensure that all of the Conditions of this Order are understood. This Order shall be included in all construction contracts, subcontracts, and specifications dealing with the work proposed and shall supersede any conflicting contract requirements. The applicant shall assure that all contractors, subcontractors and other personnel performing the permitted work are fully aware of the permit's terms and conditions. Thereafter, the contractor will be held jointly liable for any violation of this Order of Conditions resulting from failure to comply with its conditions. The applicant or contractor shall notify the NACC in writing of the identity of the on-site construction supervisor hired to coordinate construction and to ensure compliance with this Order. A reasonable period of time shall be provided as notice of the pre-construction meeting (e.g. 72 hours). STORMWATER MANAGEMENT CONDITIONS 54. All construction and post-construction stormwater management shall be conducted in accordance with supporting documents submitted with the Notice of Intent,the Department of Environmental Protection Stormwater Management Policy and as approved by the NACC in this Order of Conditions. 55. 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. 56. Water quality in down gradient BVW's shall not differ significantly following completion of the project from the pre-development conditions. There shall be no 242-1599,50 Royal Crest Estates,Building 23&26 7 NACC 7/12/2013 DEP FILE #242 - 1599 sedimentation into wetlands or water bodies from discharge pipes or surface runoff leaving the site. 57. All stormwater best management practices shall be continually maintained as specified in the Operation and Maintenance Plan (submitted as part of DEP File #242- 1550) and incorporated in the Order of Conditions. 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. Maintenance of the stormwater management system shall be conducted on an annual basis by a Registered Professional Civil Engineer. Maintenance bills submitted by cleaning contractors (catch basins, stormcepters, etc.) shall be maintained with annual engineering reports. A log/proof of annual maintenance activities as required by the Operation&Maintenance Plan shall be maintained for not less than the prior 5 year period. The NACC reserves the right to request documentation of maintenance activities for purposes of verification of this Order. 58. The applicants, owners, and their successors and assignees, shall maintain all culverts, collections basins, traps, outlet structures, subsurface storage areas, and other elements of the drainage system, in order to avoid blockages and siltation which might cause failure of the system and/or detrimental impacts to on-site or off-site resource areas, and shall maintain the integrity of vegetative cover on the site. DURING CONSTRUCTION 59. Upon beginning work, the applicant shall submit written weekly progress reports detailing what work has been done in or near resource areas, and what work is anticipated to be done over the next period. This will update the construction sequence. Reports shall be submitted in as part of the weekly environmental monitoring report (see Condition#50). 60. Dewatering activities are not proposed asart of the filing. No discharge of water is P g g 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. 61. Associated pavement and roadways shall be swept at least weekly or as directed by the Erosion Control monitor, the Site Supervisor, Project Manager, or Conservation staff for as long as the site remains exposed and un-stabilized. 62. 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, 242-1599,50 Royal Crest Estates,Building 23&26 8 NACC 7/12/2013 DEP FILE #242 - 1599 lath, paper, cardboard, pipe, tires, ashes, refrigerators, motor vehicles or parts on any of the foregoing. 63. 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. 64. 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. 65. There shall be no stockpiling of soil or other materials within fifty (50) feet of any resource area. 66. Washings from concrete trucks, or surplus concrete, shall not be directed to, any drainage system, or wetland resource area. If truck washing is to be done on site an area shall be designated and approved by the Conservation Department. 67. 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. 68. Accepted engineering and construction standards and procedures shall be followed in the completion of the project. 69. 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 70. 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 I I 242-1599,50 Royal Crest Estates,Building 23&26 9 NACC 7/12/2013 DEP FILE #242 1599 Conditions and shall run with the title of the property. This condition is issued under the authority of the Town's Wetland protection ByLaw. 71. 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. 72. 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 73. 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. 74. 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. 75. Upon completion of the project the applicant shall submit the following to the Conservation Commission as part of a request for a Certificate of Compliance: a. WPA Form 8A - "Request for a Certificate of Compliance." b. A letter from the applicant requesting a Certificate of Compliance. c. The name and address of the current landowner. d. Signed statements from the individual property owners shall be submitted with the request for a Certificate of Compliance indicating that they read and understood the recorded Order of Conditions prior to purchasing their property. e. The name and address of the individual/trust or corporation to whom the compliance is to be granted. f. The street address and assessor's map/parcel number for the project. g. The DEP file number. h. A written statement from a Registered Professional Civil Engineer (and/or Registered Professional Land Surveyor) of the Commonwealth certifying that the work has been conducted as shown on the plan(s) and documents referenced above, and as conditioned by the Commission. i. An"As-Built" plan prepared and signed and stamped by a Registered Professional Civil Engineer (P.E.) (and/or Registered Professional Land Surveyor) of the Commonwealth, for the public record. This plan will include: ➢ "As-Built" post-development elevations of all drainage &stormwater management structures constructed within 100 feet of any wetland resource area. NOTE: If portions of the stormwater systems exist partially within the 242-1599, 50 Royal Crest Estates,Building 23&26 10 NACC 7/12/2013 DEP FILE#242 - 1599 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 anv disturbance of soils or vegetation. ➢ Location of all subsurface utilities entering the property. 76. The following special conditions shall survive the issuance of a Certificate of Compliance (COC) for this project: ➢ 25' No-Disturbance Zone and a 50' No-Construction Zone shall be established from the edge of adjacent wetland resource areas except in those locations approved under DEP # 242-1599. Future work within 100' of existing wetland resource areas will require a separate filing with the NACC (refer to Section 3.4 of the Regulations for performance standards within these zones) The Conservation Administrator and/or other agents of the NACC do not have the authority to waive these setbacks as established under the local ByLaw; ➢ Resource Area Markers (Condition#51); ➢ Stormwater Management System Operations and Maintenance (Condition #57) ➢ Discharge or spillage of pollutants (Condition #69); ➢ Prohibition of underground fuels (Condition #70); ➢ Limitations on the use of fertilizers, herbicides, and pesticides (Conditions #71) ➢ Prohibition of dumping of leaves, grass clippings, brush, or other debris Condition #72). 242-1599,50 Royal Crest Estates,Building 23&26 11 NACC 7/12/2013 DEP FILE #242 - 1599 APPENDIX A-AFFIDAVIT 1 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. 1 hereby affirm and acknowledge that I have received said Order of Conditions and have read the same and understand each (DEP File#) and every condition which has been set forth in said Order of Conditions. 4. 1 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) 242-1599,50 Royal Crest Estates,Building 23&26 12 NACC 7/12/2013 * f Massachusetts Department of Environmental Protection Provided by MassDEP: Bureau of Resource Protection-Wetlands MassDEP File#:242-1598 WPA Form 5 -Order of Conditions eDEP Transaction#:577848 Massachusetts Wetlands Protection Act M.G.L.c. 131, §40 City/Town:NORTH ANDOVER A. General Information 1.Conservation Commission NORTH ANDOVER 2. Issuance a. r OOC b.r Amended OOC 3.Applicant Details a.First Name DAN b.Last Name MILINAZZO c.Organization AIMCO NORTH ANDOVER LLC d.Mailing Address 50 ROYAL CREST DRIVE e.City/Town NORTH ANDOVER f.State MA g.Zip Code 01845 4.Property Owner a.First Name DAN b.Last Name MILINAZZO c.Organization AIMCO NORTH ANDOVER LLC d.Mailing Address 50 ROYAL CREST DRIVE e.City/Town NORTH ANDOVER f.State MA g.Zip Code 01845 5.Project Location a.Street Address 50 ROYAL CREST DRIVE-BUILDING 37 b.City/Town NORTH ANDOVER c.Zip Code 01845 d.Assessors Map/Plat#25 e.Parcel/Lot# 35,66 f.Latitude 42.67065N g.Longitude 71.11729W 6.Property recorded at the Registry of Deed for: a.County b.Certificate c.Book d.Page NORTHERN ESSEX 10934 47 7.Dates a.Date NOI Filed: 6/21/2013 b.Date Public Hearing Closed: 7/10/2013 c.Date Of Issuance: 7/12/2013 8.Final Approved Plans and Other Documents a.Plan Title: b.Plan Prepared by: c.Plan Signed/Stamped by: d.Revised Final Date: e.Scale: SITE PLAN FOUNDATION CORNERSTONE DRAINAGE BLDG LAND JOHN A.VISNIEWSKI June 12,2013 1"=20' 37 ROYAL CREST CONSULTANTS,INC. ESTATES Page 1 of 10 *ELECTRONIC COPY I i Massachusetts Department of Environmental Protection Provided by MassDEP: —� Bureau of Resource Protection - Wetlands MassDEP File#:242-1598 WPA Form 5 -Order of Conditions eDEP Transaction#:577848 Massachusetts Wetlands Protection Act M.G.L.c. 131, §40 City/Town:NORTH ANDOVER 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. r Land Containing Shellfish c.F Prevention of Pollution d. F Private Water Supply e. r Fisheries f. r Protection of Wildlife Habitat g. r, Ground Water Supply h. r Storm Damage Prevention i. r Flood Control 2.Commission hereby finds the project,as proposed,is: Approved subject to: a.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 17 area specified in 310CMR10.02(1)(a). a.linear feet Inland Resource Area Impacts:(For Approvals Only): Resource Area Proposed Permitted Proposed Permitted Alteration Alteration Replacement Replacement 4. r Bank a.linear feet b.linear feet c.linear feet d.linear feet 5.r Bordering Vegetated Wetland a.square feet b.square feet c.square feet d.square feet 6. r Land under Waterbodies and Waterways a.square feet b.square feet c.square feet d.square feet Page 2 of 10*ELECTRONIC COPY i Massachusetts Department of Environmental Protection Provided by MassDEP: Bureau of Resource Protection-Wetlands MassDEP File#:242-1598 WPA Form 5 -Order of Conditions eDEP Transaction#:577848 Massachusetts Wetlands Protection Act M.G.L.c. 131, §40 Cityffown:NORTH ANDOVER e.c/y dredged f.c/y dredged 7.C 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 ft g.square feet h.square feet i.square feet j.square feet Coastal Resource Area Impacts: Resource Area Proposed Permitted Proposed Permitted Alteration Alteration Replacement Replacement 10.F 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.I-Coastal Beaches a.square feet b.square feet c.c/y nourishment d.c/y nourishment 14.r—Coastal Dunes a.square feet b.square feet c.c/y nourishment d.c/y nourishment 15.r Coastal Banks a linear feet b.linear feet 16.r Rocky Intertidal Shores a.square feet b.square feet 17.I—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 4:242-1598 WPA Form 5 -Order of Conditions eDEP Transaction#:577848 Massachusetts Wetlands Protection Act M.G.L.c. 131, §40 City/Fown:NORTH ANDOVER 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.r Land Subject to Coastal Storm Flowage a.square feet b.square feet 22. r Restoration/Enhancement(For Approvals Only) If the project is for the purpose of restoring or enhancing a wetland resource area in addition to the square footage that has been entered in Section B.5.c&d or B.17.c&d above,please entered the additional amount here. a.square feet of BVW b.square feet of Salt Marsh 23. F-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 i i Massachusetts Department of Environmental Protection Provided by MassDEP: LJ�-- Bureau of Resource Protection-Wetlands MassDEP File#:242-1598 MTA Form 5-Order of Conditions eDEP Transaction 4a77848 Massachusetts Wetlands Protection Act M.G.L.c. 131,§40 City/Town:NORTH ANDOVER 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:"242-1598" 11. Where the Department of Environmental Protection is requested to issue a Superseding Order,the Conservation Commission shall be a party to all agency proceedings and hearings before Mass DEP. 12. Upon completion of the work described herein,the applicant shall submit a Request for Certificate of Compliance(WPA Form 8A)to the Conservation Commission. 13. The work shall conform to the plans and special conditions referenced in this order. 14. Any change to the plans identified in Condition#13 above shall require the applicant to inquire of the Conservation Commission in writing whether the change is significant enough to require the filing of a new Notice of Intent. 15. The Agent or members of the Conservation Commission and the Department of Environmental Protection shall have the right to enter and inspect the area subject to this Order at reasonable hours to evaluate compliance with the conditions stated in this Order,and may require the submittal of any data deemed necessary by the Conservation Commission or Department for that evaluation. 16. This Order of Conditions shall apply to any successor in interest or successor in control of the property subject to this Order and to any contractor or other person performing work conditioned by this Order. 17. Prior to the start of work,and if the project involves work adjacent to a Bordering Vegetated Wetland,the boundary of the wetland in the vicinity of the proposed work area shall be marked by wooden stakes or flagging.Once in place,the wetland boundary markers shall be maintained until a Certificate of Compliance has been issued by the Conservation Commission. 18. All sedimentation barriers shall be maintained in good repair until all disturbed areas have been fully stabilized with vegetation or other means.At no time shall sediments be deposited in a wetland or water body.During construction,the applicant or his/her designee shall inspect the erosion controls on a daily basis and shall remove accumulated sediments as needed.The applicant shall immediately control any erosion problems that occur at the site and shall also immediately notify the Conservation Commission,which reserves the right to require additional erosion and/or damage prevention controls it may deem necessary. Sedimentation barriers shall serve as the limit of work unless another limit of work line has been approved by this Order. NOTICE OF STORMWATER CONTROL AND MAINTENANCE REQUIREMENTS 19. The work associated with this Order(the"Project")is(1) r is not(2)r subject to the Massachusetts Stormwater Standards. If the work is subject to Stormwater Standards,then the project is subject to the following conditions; a) All work,including site preparation,land disturbance,construction and redevelopment,shall be implemented in accordance with the construction period pollution prevention and erosion and sedimentation control plan and,if applicable,the Stormwater Pollution Prevention Plan required by the National Pollutant Discharge Elimination System Construction General Permit as required by Stormwater Standard 8.Construction period erosion,sedimentation and pollution control measures and best management practices(BMPs)shall remain in place until the site is fully stabilized. b) No stormwater runoff may be discharged to the post-construction stormwater BMPs unless and until a Registered Professional Engineer provides a Certification that:i.all construction period BMPs have been removed or will be removed by a date certain specified in the Certification.For any construction period BMPs intended to be converted to post construction operation for stormwater attenuation,recharge,and/or treatment,the conversion is allowed by the MassDEP Stormwater Page 5 of 10*ELECTRONIC COPY Massachusetts Department of Environmental Protection Provided by MassDEP: :-- Bureau of Resource Protection-Wetlands MassDEP File#:242-1598 WPA Form 5- Order of Conditions eDEP Transaction#:577848 Massachusetts Wetlands Protection Act M.G.L.c. 131,§40 City/fown: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 stormwater BMP Operation and Maintenance Plan("O&M Plan")and certifying the following:i.)the 0&M Plan is complete and will be implemented upon receipt of the Certificate of Compliance,and ii.)the future responsible parties shall be notified in writing of their ongoing legal responsibility to operate and maintain the stormwater management BMPs and implement the Stormwater Pollution Prevention Plan. d) Post-construction pollution prevention and source control shall be implemented in accordance with the long-term pollution prevention plan section of the approved Stormwater Report and,if applicable,the Stormwater Pollution Prevention Plan required by the National Pollutant Discharge Elimination System Multi-Sector General Permit. e) Unless and until another party accepts responsibility,the landowner,or owner of any drainage easement,assumes responsibility for maintaining each BMP.To overcome this presumption,the landowner of the property must submit to the issuing authority a legally binding agreement of record,acceptable to the issuing authority,evidencing that another entity has accepted responsibility for maintaining the BMP,and that the proposed responsible party shall be treated as a permittee for purposes of implementing the requirements of Conditions 19(f)through 19(k)with respect to that BMP.Any failure of the proposed responsible party to implement the requirements of Conditions 19(f)through 19(k)with respect to that BMP shall be a violation of the Order of Conditions or Certificate of Compliance.In the case of stormwater BMPs that are serving more than one lot,the legally binding agreement shall also identify the lots that will be serviced by the stormwater BMPs.A plan and easement deed that grants the responsible party access to perform the required operation and maintenance must be submitted along with the legally binding agreement. fl The responsible party shall operate and maintain all stormwater BMPs in accordance with the design plans,the O&M Plan, and the requirements of the Massachusetts Stormwater Handbook. g) The responsible party shall: 1.Maintain an operation and maintenance log for the last three(3)consecutive calendar years of inspections,repairs, maintenance and/or replacement of the stormwater management system or any part thereof,and disposal(for disposal the log shall indicate the type of material and the disposal location); 2.Make the maintenance log available to MassDEP and the Conservation Commission('Commission")upon request;and 3.Allow members and agents of the MassDEP and the Commission to enter and inspect the site to evaluate and ensure that the responsible party is in compliance with the requirements for each BMP established in the O&M Plan approved by the issuing authority. h) All sediment or other contaminants removed from stormwater BMPs shall be disposed of in accordance with all applicable federal,state,and local laws and regulations. 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. n 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#:242-1598 WPA Form 5 - Order of Conditions eDEP Transaction#:577848 Massachusetts Wetlands Protection Act M.G.L.c. 131, §40 City/Town:NORTH ANDOVER stormwater BMPs shall include access gates and shall be at least six inches above grade to allow for wildlife passage. Special Conditions: SEE ATTACHED. Page 7 of 10*ELECTRONIC COPY Massachusetts Department of Environmental Protection Provided by MassDEP: Bureau of Resource Protection-Wetlands MassDEP File#:242-1598 WPA Form 5 - Order of Conditions eDEP Transaction#:577848 Massachusetts Wetlands Protection Act M.G.L.c. 131,§40 City/Town:NORTH ANDOVER A Findings Under Municipal Wetlands Bylaw or Ordinance 1• Is a municipal wetlands bylaw or ordinance applicable?r Yes r No 2. The Conservation Commission hereby(check one thatUnlies): a. C DENIES the proposed work which cannot be conditioned to meet the standards set forth in a municipal ordinance or bylaw specifically: 1.Municipal Ordinance or Bylaw 2.Citation Therefore,work on this project may not go forward unless and until a revised Notice of Intent is submitted which provides measures which are adequate to meet these standards,and a final Order or Conditions is issued.Which are necessary to comply with a municipal ordinance or bylaw: b. r APPROVES the proposed work,subject to the following additional conditions. NORTH ANDOVER 1.Municipal Ordinance or Bylaw WETLANDS 2.Citation CHAPTER 178 p y PROTECTION BYLAW 3. The Commission orders that all work shall be performed in accordance with the following conditions and with the Notice of Intent referenced above.To the extent that the following conditions modify or differ from the plans,specifications,or other proposals submitted with the Notice of Intent,the conditions shall control. The special conditions relating to municipal ordinance or bylaw are as follows: SEE ATTACHED. Page 8 of 10*ELECTRONIC COPY i Massachusetts Department of Environmental Protection Provided by MassDEP: Bureau of Resource Protection-Wetlands MassDEP File#:242-1598 Lei WPA Form 5 - Order of Conditions eDEP Transaction#:577848 Massachusetts Wetlands Protection Act M.G.L.c. 131, §40 City/Town:NORTH ANDOVER E. Signatures / This Order is valid for three years from the date of issuance,unless otherwise specified Q " 1 pursuant to General Condition#4.If this is an Amended Order of Conditions,the Amended 1.Date of Original Order Order expires on the same date as the original Order of Conditions. Please indicate the number of members who will sign this form.This Order must be signed by 2 Number of Signers a majority of the Conservation Commission. The Order must be mailed by certified mail(return receipt requested)or hand delivered to the applicant.A copy also must be mailed or hand delivered at the same time to the appropriate Department of Environmental Protection Regional Office,if not filing electronically,and the property owner,if different from applicant. Signatures: r by hand delivery on rx- y certified mail,return receipt requested,on r7l,;L/ I S Date Date F. Appeals The applicant,the owner,any person aggrieved by this Order,any owner of land abutting the land subject to this Order,or any ten residents of the city or town in which such land is located,are hereby notified of their right to request the appropriate MassDEP Regional Office to issue a Superseding Order of Conditions.The request must be made by certified mail or hand delivery to the Department,with the appropriate filing fee and a completed Request for Departmental Action Fee Transmittal Form,as provided in 310 CMR 10.03(7)within ten business days from the date of issuance of this Order.A copy of the request shall at the same time be sent by certified mail or hand delivery to the Conservation Commission and to the applicant,if he/she is not the appellant. Any appellants seeking to appeal the Department's Superseding Order associated with this appeal will be required to demonstrate prior participation in the review of this project.Previous participation in the permit proceeding means the submission of written information to the Conservation Commission prior to the close of the public hearing,requesting a Superseding Order,or providing written information to the Department prior to issuance of a Superseding Order. The request shall state clearly and concisely the objections to the Order which is being appealed and how the Order does not contribute to the protection of the interests identified in the Massachusetts Wetlands Protection Act(M.G.L.c. 131,§40),and is inconsistent with the wetlands regulations(3 10 CMR 10.00).To the extent that the Order is based on a municipal ordinance or bylaw, and not on the Massachusetts Wetlands Protection Act or regulations,the Department has no appellate jurisdiction. Page 9 of 10*ELECTRONIC COPY i Massachusetts Department of Environmental Protection Provided by MassDEP: Bureau of Resource Protection-Wetlands MassDEP File#:242-1598 WPA Form 5 -Order of Conditions eDEP Transaction#:577848 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: 50 ROYAL CREST DRIVE-BUILDING 37 242-1598 Project Location MassDEP File Number Has been recorded at the Registry of Deeds of. County Book Page for: Property Owner DAN MILINAZZO and has been noted in the chain of title of the affected property in: Book Page In accordance with the Order of Conditions issued on: Date If recorded land,the instrument number identifying this transaction is: Instrument Number If registered land,the document number identifying this transaction is: Document Number Signature of Applicant Rev.4/1/2010 Page 10 of 10*ELECTRONIC COPY DEP FILE #242 - 1598 Therefore, the North Andover Conservation Commission (hereafter the "NACC") hereby finds that the following conditions are necessary, in accordance with the Performance Standards set forth in the State Regulations, the local ByLaw and Regulations, to protect those interests noted above. The NACC orders that all work shall be performed in accordance with said conditions and with the Notice of Intent referenced below. To the extent that the following conditions modify or differ from the plans, specifications or other proposals submitted with the Notice of Intent, the conditions shall control. GENERAL CONDITIONS 20. The proposed work includes: installation of foundation drainage with a new connection to an existing catch basin on Building 37 in the 100-foot Buffer Zone to Bordering Vegetated Wetland and Isolated Vegetated Wetland. Waterproofing and repairs will also be conducted on the foundation. New precast concrete stairs will be installed. Roof drain connections will be installed and capped with no downspout connections allowed as part of this filing. New landscaping will also be installed. 21. The work shall conform to the following(except as noted in the remainder of this document where revisions may be required): Applicant/Property Owner: Dan Milinazzo AIMCO North Andover, LLC 50 Royal Crest Drive North Andover, Massachusetts 01845 Notice of Intent filed by: Kenneth Lania Cornerstone Land Consultants, Inc. 1794 Bridge Street- Unit 17B Dracut, MA 0182 Dated: June 13, 2013 Site Plans prepared by: Cornerstone Land Consultants, Inc. Titled: Site Plan Foundation Drainage Bldg 37- Royal Crest Estates Date: June 12, 2013 Sheets 1 -3 Stamped by: John A. Visniewski, P.E. 22. The term"Applicant" as used in this Order of Conditions shall refer to the owner, any successor in interest or successor in control of the property referenced in the Notice of Intent, supporting documents and this Order of Conditions. The NACC shall be notified in writing within 30 days of all transfers of title of any portion of property that takes place prior to the issuance of a Certificate of Compliance. 242-1598,50 Royal Crest Estates,Building 37 1 NACC 7/12/2013 DEP FILE #242 - 1598 23. The conditions of this decision shall apply to, and be binding upon, the applicant, owner, its employees and all successors and assigns in interest or control. These obligations shall be expressed in covenants in all deeds to succeeding owners of portions of the property. 24. Failure to comply with all conditions stated herein, and with all related statutes and other regulatory measures, shall be deemed cause to revoke or modify this Order. 25. This Order does not grant any property rights or any exclusive privileges; it does not authorize any injury to private property or invasion of property rights. However,the NACC, agent of the NACC or the Department of Environmental Protection (DEP) reserves the right to enter and inspect the property at all reasonable times until a Certificate of Compliance is issued, to evaluate compliance with this Order of Conditions, the Act (310 CMR 10.00), the North Andover Wetland ByLaw and Regulations, and may require any information, measurements, photographs, observations, and/or materials, or may require the submittal of any data or information deemed necessary by the NACC for that evaluation. Further,work shall be halted on the site if the NACC, agent or DEP determines that any of the work is not in compliance with this Order of Conditions. Work shall not resume until the NACC is satisfied that the work will comply and has so notified the applicant in writing. 26. This Order does not relieve the permittee or any other person of the necessity of complying with all other applicable federal, state or local statutes, ordinances, by-laws or regulations. 27. The work authorized hereunder shall be completed within three 3�ears 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 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. This Order of Conditions is issued in addition to an OOC issued by the Town of North Andover under NACC #32 which received a Certificate of Compliance on March 14, 2012. Four additional Orders of Conditions have been issued under DEP File No. 242- 242-1598, 50 Royal Crest Estates,Building 37 2 NACC 7/12/2013 i DEP FILE #242 - 1598 1550, 242-1568 and NACC #94 and 95. Work has been completed on these orders and several Certificates of Compliance have been requested and action is pending. 32. 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). 33. The following wetland resource areas are affected by the proposed work: Buffer Zone to Bordering Vegetated Wetland (BVW) and Isolated Vegetated Wetland (IVW). 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. 34. The NACC agrees with the applicant's delineation of the wetland resource areas on the site as shown on the plans dated referenced herein. An Order of Resource Area Delineation (ORAD) has also been issued for this site under DEP File #242-1567. 35. The NACC finds that the intensive use of the upland areas and buffer zone proposed on this site will cause further alteration of the wetland resource areas. In order to prevent any alteration of wetland resource areas a twenty five foot (25 ) No- Disturbance Zone and a fifty foot 50') No-Construction Zone shall be established from the edge of the adjacent wetland resource area except as shown as shown on the record plan referenced herein. The Conservation Administrator and/or other agents of the NACC do not have the authority to waive these setbacks as established under the local bylaw. No disturbance of existing grade, soils or vegetation is permitted in the No-Disturbance zone. (See Section 3.4 &Appendix F of the local Regulations). 36. 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. 37. 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 242-1598,50 Royal Crest Estates,Building 37 3 NACC 7/12/2013 DEP FILE #242 - 1598 38. No work shall be undertaken until all administrative appeal periods from this Order have elapsed or, if such an appeal has been filed,until all proceedings before the Department or Court have been completed. 39. This Order shall be recorded by the applicant at the Registry of Deeds immediately after the expiration of all appeal periods. No work shall be undertaken until the Final Order has been recorded in the Registry of Deeds or the Land Court for the district in which the land is located,within the chain of title of the affected property. In the case of recorded land, the Final Order shall also be noted in the Registry's Grantor Index under the name of the owner of the land upon which the proposed work is to be done. In the case of registered land,the Final Order shall also be noted on the Land Court Certificate of Title of the owner of the land upon which the proposed work is to be done. The recording information shall be submitted to the North Andover Conservation Commission on the form at the end of this Order prior to commencement of the work. Any Order not recorded by the applicant before work commences may be recorded by the NACC at the applicant's expense. 40. A sign shall be displayed at the work area not less than two square feet or more than three square feet in size bearing the words "Massachusetts DEP, File Number 242- 1598." 41. Any changes in the submitted plans caused by the applicant, another Board's decision or resulting from this Order of Conditions must be submitted to the NACC for approval prior to implementation. If the NACC finds said changes to be significant, the NACC will call for another public hearing (at the expense of the applicant). Within 21 days of the close of said public hearing the NACC will issue an amended or new Order of Conditions. Any errors found in the plans or information submitted by the applicant shall be considered as changes. 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. The applicant shall submit a Planting Plan for landscaping proposed in the buffer zone to wetland resource areas. All plantings proposed in wetland resource areas or the buffer zone shall be native species. The plan will be approved by the Conservation Department prior to commencement of landscaping activities. 44. Prior to any work commencing on-site, the applicant shall submit to the NACC for approval, a detailed and dated sequence of construction, including the installation of sedimentation/erosion control devices, installation of foundation drains, landscaping and final stabilization. 242-1598,50 Royal Crest Estates,Building 37 4 NACC 7/12/2013 DEP FILE #242 - 1598 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 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. A row of trenched siltation fence or other erosion control to be approved by the Conservation Department shall be placed between all construction areas and wetlands. The erosion control barrier will be properly installed and placed as close to the proposed work as possible and no closer than 25' from delineated resource areas. The erosion control 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. 47. The applicant shall have on hand at the start of any soil disturbance, removal or stockpiling ten (10) hay bales and sufficient stakes for staking these bales (or an equivalent amount of silt fence, 1 hay bale to equal 3 feet of fence or filter sock). Said bales shall be used only for the control of emergency erosion problems and shall not be used for the normal control of erosion. 48. A check payable to the Town of North Andover shall be provided in the amount of pY $1,000 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. 242-1598,50 Royal Crest Estates,Building 37 5 NACC 7/12/2013 DEP FILE #242 - 1598 49. The applicant shall designate a Wetland Scientist (or other environmental professional as approved by the NACC or its agent) as an"Erosion Control Monitor' to oversee any emergency placement of controls and regular inspection or replacement of sedimentation control devices. The name and phone number of the erosion control monitor must be provided to the NACC in the event that this person has to be contacted, due to an emergency at the site, during any 24-hour period, including weekends. Proof of the retained monitor must be submitted to the Conservation Department on letterhead by the retained consulting firm. This person shall be given the authority to stop construction for erosion control purposes. The Environmental Professional will immediately notify the Conservation agent of any matter that requires attention by the Commission or the agent. The erosion control monitor will be required to inspect all such devices and oversee cleaning and the proper disposal of waste products. Cleaning shall include removal of any entrapped silt. 50. At least once during each week in which construction activities occurs on-site and for as long thereafter as ground remains unstabilized, the applicant shall submit a written report with photos from the "Erosion Control Monitor' to the NACC certifying that, to the best of his/her knowledge and belief based on a careful site inspection, all work is being performed in compliance with this Order of Conditions and that approved setbacks are being adhered to. The erosion control monitor must visually inspect all sedimentation/erosion control measures and assume responsibility for their maintenance on a weekly basis and that they are functioning as intended. In addition, all wetland resource areas must be visually inspected for siltation, turbidity,and/or other water quality impacts. The Erosion Control Monitor shall be on site during 1 „ . and/or followinga major storm event of /2 inch of rain or eater 24 hour event to l �' ( ) ensure that soils remain stable, and erosion controls are adequate and secure 51. Prior to construction, the applicant shall permanently mark the edge of the "25' No- Disturbance Zone" to Bordering Vegetated Wetland (or at the existing limit of clearing) with signs or markers (placed on pressure treated posts if necessary) spaced evenly every 30 feet incorporating the following text: "Protected Wetland Resource Area" and the associated rules (1 square for every 3 round markers). 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 may be obtained at the Conservation Department ($2 round/$3 square). 52. The applicant and/or the legal owner of that portion of land upon which these Orders of Conditions have been placed shall provide to the NACC prior to transferring, or assigning any portion of said land to another party, subject to said Orders of Conditions, the "Compliance Certification Form Affidavit" attached via "Appendix 242-1598,50 Royal Crest Estates,Building 37 6 NACC 7/12/2013 I DEP FILE 9 242 - 1598 A" signed under the pains and penalties of perjury, stating that said applicant and/or owner has read these Orders of Conditions and is in compliance with each and every condition. This document shall apply to each of the conditions referenced herein and shall be provided to the Conservation Department at least five (5) business days prior to the closing of said land transaction. 53. Once these above mentioned pre-construction requirements are complete, the applicant shall contact the Conservation Office prior to site preparation or construction and shall arrange an on-site conference with an NACC representative, the contractor, the engineer,wetland scientist and the applicant to ensure that all of the Conditions of this Order are understood. This Order shall be included in all construction contracts, subcontracts, and specifications dealing with the work proposed and shall supersede any conflicting contract requirements. The applicant shall assure that all contractors, subcontractors and other personnel performing the permitted work are fully aware of the permit's terms and conditions. Thereafter, the contractor will be held jointly liable for any violation of this Order of Conditions resulting from failure to comply with its conditions. The applicant or contractor shall notify the NACC in writing of the identity of the on-site construction supervisor hired to coordinate construction and to ensure compliance with this Order. A reasonable period of time shall be provided as notice of the pre-construction meeting (e.g. 72 hours). STORMWATER MANAGEMENT CONDITIONS 54. All construction and post-construction stormwater management shall be conducted in accordance with supporting documents submitted with the Notice of Intent,the Department of Environmental Protection Stormwater Management Policy and as approved by the NACC in this Order of Conditions. 55. 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. 56. Water quality in down gradient BVW's shall not differ significantly following completion of the project from the pre-development conditions. There shall be no sedimentation into wetlands or water bodies from discharge pipes or surface runoff leaving the site. 57. All stormwater best management practices shall be continually maintained as specified in the Operation and Maintenance Plan(submitted as part of DEP File #242- 1550) and incorporated in the Order of Conditions. The approved Operation & Maintenance Plan is fully binding upon the applicant and/or owners, successors, 242-1598,50 Royal Crest Estates,Building 37 7 NACC 7/12/2013 I I DEP FILE#242 - 1598 agents, associations, heirs and assigns and must be adhered to in perpetuity. Maintenance of the stormwater management system shall be conducted on an annual basis by a Registered Professional Civil Engineer. Maintenance bills submitted by cleaning contractors (catch basins, stormcepters, etc.) shall be maintained with annual engineering reports. A log/proof of annual maintenance activities as required by the Operation & Maintenance Plan shall be maintained for not less than the prior 5 year period. The NACC reserves the right to request documentation of maintenance activities for purposes of verification of this Order. 58. The applicants, owners, and their successors and assignees, shall maintain all culverts, collections basins, traps, outlet structures, subsurface storage areas, and other elements of the drainage system, in order to avoid blockages and siltation which might cause failure of the system and/or detrimental impacts to on-site or off-site resource areas, and shall maintain the integrity of vegetative cover on the site. DURING CONSTRUCTION 59. Upon beginning work, the applicant shall submit written weekly progress reports detailing what work has been done in or near resource areas, and what work is anticipated to be done over the next period. This will update the construction sequence. Reports shall be submitted in as part of the weekly environmental monitoring report(see Condition#50). 60. Dewatering activities are not proposed as part of the filing. No discharge of water is allowed directly into an area subject to jurisdiction of the Wetlands Protection Act and/or the North Andover Wetland Bylaw. If emergency de-watering requirements arise,the applicant shall submit a contingency plan to the Commission for approval, which provides for the pumped water to be contained in a settling basin, to reduce turbidity prior to discharge into a resource area. 61. Associated pavement and roadways shall be swept at least weekly or as directed by the Erosion Control monitor, the Site Supervisor, Project Manager, or Conservation staff for as long as the site remains exposed and un-stabilized. 62. 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. 63. 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 242-1598,50 Royal Crest Estates,Building 37 8 NACC 7/12/2013 DEP FILE#242 - 1598 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. 64. 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. 65. There shall be no stockpiling of soil or other materials within fifty (50)feet of any resource area. 66. Washings from concrete trucks, or surplus concrete, shall not be directed to, any drainage system, or wetland resource area. If truck washing is to be done on site an area shall be designated and approved by the Conservation Department. 67. 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. 68. Accepted engineering and construction standards and procedures shall be followed in the completion of the project. 69. 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 70. 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 Towns Wetland protection ByLaw. 71. 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 242-1598,50 Royal Crest Estates,Building 37 9 NACC 7/12/2013 DEP FILE #242 - 1598 condition is issued under the authority of the Towns Wetland Protection ByLaw and shall remain in perpetuity. 72. 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 73. 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. 74. 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. 75. Upon completion of the project the applicant shall submit the following to the Conservation Commission as part of a request for a Certificate of Compliance: a. WPA Form 8A- "Request for a Certificate of Compliance." b. A letter from the applicant requesting a Certificate of Compliance. c. The name and address of the current landowner. d. Signed statements from the individual property owners shall be submitted with the request for a Certificate of Compliance indicating that they read and understood the recorded Order of Conditions prior to purchasing their property. e. The name and address of the individual/trust or corporation to whom the compliance is to be granted. f. The street address and assessor's map/parcel number for the project. g. The DEP file number. h. A written statement from a Registered Professional Civil Engineer (and/or Registered Professional Land Surveyor) of the Commonwealth certifying that the work has been conducted as shown on the plan(s) and documents referenced above, and as conditioned by the Commission. i. An "As-Built" plan prepared and signed and stamped by a Registered Professional Civil Engineer (P.E.) (and/or Registered Professional Land Surveyor) of the Commonwealth,for the public record. This plan will include: ➢ "As-Built" post-development elevations of all drainage &stormwater management structures constructed within 100 feet of any wetland resource area. NOTE: If portions of the stormwater systems exist partially within the Buffer Zone than the entire structure must be depicted to accurately verify compliance. ➢ "As-Built" post-development elevations and grades of all filled or altered wetland resource areas including the encompassing buffer zone which is regulated as a resource area under the local Wetland Protection Bylaw. 242-1598,50 Royal Crest Estates,Building 37 10 NACC 7/12/2013 DEP FILE#242 - 1598 ➢ 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 aanv disturbance of soils or vegetation. ➢ Location of all subsurface utilities entering the property. 76. The following special conditions shall survive the issuance of a Certificate of Compliance (COC) for this project: ➢ 25' No-Disturbance Zone and a 50' No-Construction Zone shall be established from the edge of adjacent wetland resource areas except in those locations approved under DEP # 242-1598. Future work within 100' of existing wetland resource areas will require a separate filing with the NACC (refer to Section 3.4 of the Regulations for performance standards within these zones) The Conservation Administrator and/or other agents of the NACC do not have the authority to waive these setbacks as established under the local ByLaw; ➢ Resource Area Markers (Condition#51); ➢ Stormwater Management System Operations and Maintenance (Condition #57) ➢ Discharge or spillage of pollutants (Condition#69); ➢ Prohibition of underground fuels (Condition#70); ➢ Limitations on the use of fertilizers, herbicides, and pesticides (Conditions #71) ➢ Prohibition of dumping of leaves, grass clippings, brush, or other debris (Condition#72). 242-1598,50 Royal Crest Estates,Building 37 11 NACC 7/12/2013 DEP FILE#242 - 1598 APPENDIX A- AFFIDAVIT I, on oath do hereby depose and state: (authorized agent applicant and/or current owner) (PLEASE CHECK AT LEAST ONE BLOCK) 1. I am the of (position with applicant) (applicant name or company name) the applicant upon whom Order of Conditions have been placed upon by (DEP or NACC number) the North Andover Conservation Commission. &/or 2. 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) 242-1598,50 Royal Crest Estates,Building 37 12 NACC 7/12/2013 1 i t j Provided by MassDEP: L7 (��(� , � � j (( f/t �2. ( NACC#111 MassDEP File# WPA Form 5 - Order of Go ditior eDEP Tran,action# AJO P� City/I own A. General Information Please note: North AndOVer this form has 1. From: been modified Conservation Commission with added 2. This issuance is for space to a.®Order of Conditions b.❑ Amended Order of Conditions accommodate (check one): the Registry of Deeds 3. To: Applicant: Requirements Dan Milinazzo Important: a. First Name b.Last Name When filling AIMCO North Andover, LLC out forms on c.Organization the 50 Royal Crest Drive computer, use only the d.Mailing Address tab key to North Andover MA 01845 move your e.City/Town f.State g.Zip Code cursor-do not use the 4. Property Owner(if different from applicant): return key. a. First Name b.Last Name c.Organization ie9rrs d.Mailing Address e.City/Town f.State g.Zip Code 5. Project Location: 50 Royal Crest Drive (Building 40) North Andover a.Street Address b.City/Town Map 25 Lots 35, 36 c.Assessors Map/Plat Number d.Parcel/Lot Number Latitude and Longitude, if known: 42Dd40'm10"s -71 Dd07mO6"s d. Latitude e. Longitude wpaform5.doc• rev.05/19/2010 Page 1 of 12 � t �`/ �.g� f l ,1�k�� ���'�.�� Provided NACC#by MassDEP: t_ <-: � ' / 1 11 WPA Form 5 — Order of Conditions MassDEP File# ILI eDEP Transaction# North Andover City/Town 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) 10934 47 c. Book d.Page 6/12/13 7/10/13 7/11/13 7. Dates: a.Date Notice of Intent Filed b.Date-Public Hearing Closed c. Date of Issuance s. Final Approved Plans and Other Documents (attach additional plan or document references as needed): Site Plan Foundation Drainage (Building 40-Royal Crest Estates) a. Plan Title Cornerstone Land Consultants, Inc. John A. Visniewski, P. E. b. Prepared By c.Signed and Stamped by June 12, 2013 1" =20' 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. ❑ 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: 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.05/19/2010 Page 2 of 12 Provided by MassDEP: hit/ ! /X) y NACC#111 Ll WPA Form 5 - Order of Conditions MassDEP File# eDEP Transaction# ,N6re�� �}l7�OJE'�r City/Town B. Findings (cont.) Denied because: 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 18 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 a.linear feet b. linear feet c. linear feet d.linear feet 5. ❑ Bordering Vegetated Wetland a.square feet b.square feet c.square feet d.square feet 6. ❑ Land Under Waterbodies and a.square feet b.square feet c.square feet d.square feet Waterways e.c/y dredged f.c/y dredged 7. ❑ 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 s. ❑ 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. ❑ Riverfront Area a.total sq.feet b.total sq.feet Sq ft within 100 ft c.square feet d.square feet e.square feet f.square feet Sq ft between 100- 200 ft g.square feet h.square feet i.square feet j.square feet wpaform5.doc• rev.05/19/2010 Page 3 of 12 Provided by MassDEP: NACC#111 WPA Form 5 — Order of Conditions MassDEPFile# e�DjEP Transaction# 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 1o. ❑ Designated Port Indicate size under Land Under the Ocean, below Areas 11. ❑ Land Under the Ocean a.square feet b.square feet c.c/y dredged d.c/y dredged 12. ❑ Barrier Beaches Indicate size under Coastal Beaches and/or Coastal Dunes below 13. ❑ Coastal Beaches cu yd cu yd a.square feet b.square feet c. nourishment d. nourishment 14. ❑ Coastal Dunes cu yd cu yd a.square feet b.square feet c. nourishment d. nourishment 15. ❑ Coastal Banks a. linear feet b.linear feet 16. ❑ Rocky Intertidal Shores a.square feet b.square feet 17. ❑ Salt Marshes a.square feet b.square feet c.square feet d.square feet 18. ❑ Land Under Salt Ponds a.square feet b.square feet c.c/y dredged d.c/y dredged 19. ❑ Land Containing Shellfish a.square feet b.square feet C.square feet d.square feet 20. ❑ Fish Runs Indicate size under Coastal Banks, Inland Bank, Land Under the Ocean, and/or inland Land Under Waterbodies and Waterways, above a.c/y dredged b.c/y dredged 21. ❑ Land Subject to Coastal Storm a.square feet b.square feet Flowage wpaform5.doc• rev.05/19/2010 Page 4 of 12 Provided by MassDEP: Ll�tNACC#111 # WPA Form 5 — Order of Conditions MassDEP File T, eDEP Transaction# City/Town B. Findings (cont.) *#22.If the 22 ❑ Restoration/Enhancement*: project is for the purpose of restoring or enhancing a a.square feet of BVW b.square feet of salt marsh wetland resource area 23. ❑ Stream Crossing(s): in addition to the square footage that a. number of new stream crossings b.number of replacement stream crossings has been entered in C. General Conditions Under Massachusetts Wetlands Protection Act Section B.5.c (BVw)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 g Y y 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 6/27/16 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.05/19/2010 Page 5 of 12 r Provided by MassDEP: U CF3 � - �/�� /� ' %l�r� NACC#111 WPA Form 5 — Order of Conditions MassDEP File# eDEP Transaction# 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#111 " 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.05/19/2010 Page 6 of 12 L Provided by MassDEP: 1, 06A 13tj Z AIJ !: I/7`1 (J/� NACC#111 WPA Form 5 — Order of Conditions MassDEP File# eDEP Transaction# ILI dVoA4-l41 A,�7dvi&,� 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.05/19/2010 Page 7 of 12 h Provided by MassDEP: NACC#111 MassDEP File# WPA Form 5 — Order of Conditions eDEP Transaction# 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 O&M Plan, and the requirements of the Massachusetts Stormwater Handbook. wpaform5.doc• rev.05/19/2010 Page 8 of 12 1 i / Provided by MassDEP: �},CA[, NACC#111 WPA Form 5 — Order of Conditions MassDEP File# eDEP Transaction# A)64-4-11 iMeIcUe-p— �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 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. 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.05/19/2010 Page 9 of 12 p r' Provided by MassDEP: NACC#111 i MassDEP File# Ll WPA Form 5 — Order of Conditions eDEP Transaction# x,16&.4, � londc,,lwl �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 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 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 s. 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.0511 9/2 01 0 Page 10 of 12 C`�G Provided by MassDEP: z 10 NACC#111 WPA Form 5 — Order of Conditions MassDEP File# eDEP Transaction# �City/Town 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. 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.Numbef 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: //Vim ❑ by hand delivery on [j? by certified mail, return receipt request d, o 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.05/19/2010 Page 11 of 12 Provided by MassDEP: zG Y/ Cs�`— NACC#111 MassDEP File# WPA Form 5 — Order of Conditions eDEP Transaction/#/ NL)P-fh /4/idcy`e.c City/Town G. Recording Information 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: 50 Royal Crest Drive (Building 40) NACC#111 Project Location MassDEP File Number Has been recorded at the Registry of Deeds of: County Book Page for: AIMCO North Andover, LLC Property Owner and has been noted in the chain of title of the affected property in: Book Page In accordance with the Order of Conditions issued on: Date If recorded land, the instrument number identifying this transaction is: Instrument Number If registered land, the document number identifying this transaction is: Document Number Signature of Applicant wpaform5.doc• rev.05/19/2010 Page 12 of 12 NACC #111 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 local ByLaw and Regulations to protect those interests noted above. The NACC orders that all work shall be performed in accordance with said conditions and with the Notice of Intent referenced below. To the extent that the following conditions modify or differ from the plans, specifications or other proposals submitted with the Notice of Intent,the conditions shall control. GENERAL CONDITIONS 20. The proposed work includes: installation of foundation drainage and drainage outlet for Building #40 in the 100-foot Buffer Zone to Isolated Vegetated Wetland (local jurisdiction only). Waterproofing and repairs will also be conducted on the foundation. New precast concrete stairs will be installed. Roof drain connections will be installed and capped with no downspout connections allowed as part of this filing. New landscaping will also be installed. 21. The work shall conform to the following (except as noted in the remainder of this document where revisions may be required): Applicant/Property Owner: Dan Milinazzo AIMCO North Andover, LLC 50 Royal Crest Drive North Andover, Massachusetts 01845 Notice of Intent filed by: Kenneth Lania Cornerstone Land Consultants, Inc. 1794 Bridge Street- Unit 17B Dracut, MA 0182 Dated: June 13, 2013 Site Plans prepared by: Cornerstone Land Consultants, Inc. Titled: Foundation Drainage Site Plan Foundation Drainage Bldg 40 - Royal Crest Estates Date: une 12 J ,2013 Sheets 1 -3 Stamped by: John A. Visniewski, P.E. 22. The term Applicant as used in this Order of Conditions shall refer to the owner, any successor in interest or successor in control of the property referenced in the Notice of Intent, supporting documents and this Order of Conditions. The NACC shall be notified in writing within 30 days of all transfers of title of any portion of property that takes place prior to the issuance of a Certificate of Compliance. NACC#111,50 Royal Crest Estates,Building 40 1 NACC 7/11/2013 NACC #111 23. The conditions of this decision shall apply to, and be binding upon, the applicant, owner, its employees and all successors and assigns in interest or control. These obligations shall be expressed in covenants in all deeds to succeeding owners of portions of the property. 24. Failure to comply with all conditions stated herein, and with all related statutes and other regulatory measures, shall be deemed cause to revoke or modify this Order. 25. This Order does not grant any property rights or any exclusive privileges; it does not authorize any injury to private property or invasion of property rights. However, the NACC, agent of the NACC or the Department of Environmental Protection (DEP) reserves the right to enter and inspect the property at all reasonable times until a Certificate of Compliance is issued, to evaluate compliance with this Order of Conditions, the Act(310 CMR 10.00), the North Andover Wetland ByLaw and Regulations, and may require any information, measurements, photographs, observations, and/or materials, or may require the submittal of any data or information deemed necessary by the NACC for that evaluation. Further, work shall be halted on the site if the NACC, agent or DEP determines that any of the work is not in compliance with this Order of Conditions. Work shall not resume until the NACC is satisfied that the work will comply and has so notified the applicant in writing. 26. This Order does not relieve the permittee or any other person of the necessity of complying with all other applicable federal, state or local statutes, ordinances,by-laws or regulations. 27. The work authorized hereunder shall be completed within three 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 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. This Order of Conditions is issued in addition to an OOC issued by the Town of North Andover under NACC #32 which received a Certificate of Compliance on March 14, 2012. Four additional Orders of Conditions have been issued under DEP File No. 242- NACC#111,50 Royal Crest Estates,Building 40 2 NACC 7/11/2013 NACC #111 1550, 242-1568 and NACC #94 and 95. Certificates of Compliance have been submitted to close out these filings. This action is pending. 32. 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). 33. The following wetland resource area is affected by the proposed work: Buffer Zone to Isolated Vegetated Wetland (IVW). This resource area is significant to the interests of the 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. 34. The NACC agrees with the applicant's delineation of the wetland resource areas on the site as shown on the plans dated referenced herein. An Order of Resource Area Delineation(ORAD) has also been issued for this site under DEP File #242-1567. 35. The NACC finds that the intensive use of the upland areas and buffer zone proposed on this site will cause further alteration of the wetland resource areas. In order to prevent any alteration of wetland resource areas a twenty five foot (25') No- Disturbance Zone and a fifty foot 50') No-Construction Zone shall be established from the edge of the adjacent wetland resource area except as shown as shown on the record plans referenced herein. The Conservation Administrator and/or other agents of the NACC do not have the authority to waive these setbacks as established under the local bylaw. No disturbance of existing grade, soils or vegetation is permitted in the No-Disturbance zone. (See Section 3.4 &Appendix F of the local Regulations). 36. 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. 37. 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 NACC 4111,50 Royal Crest Estates,Building 40 3 NACC 7/11/2013 NACC #111 38. No work shall be undertaken until all administrative appeal periods from this Order have elapsed or, if such an appeal has been filed,until all proceedings before the Department or Court have been completed. 39. This Order shall be recorded by the applicant at the Registry of Deeds immediately after the expiration of all appeal periods. No work shall be undertaken until the Final Order has been recorded in the Registry of Deeds or the Land Court for the district in which the land is located,within the chain of title of the affected property. In the case of recorded land, the Final Order shall also be noted in the Registry's Grantor Index under the name of the owner of the land upon which the proposed work is to be done. In the case of registered land, the Final Order shall also be noted on the Land Court Certificate of Title of the owner of the land upon which the proposed work is to be done. The recording information shall be submitted to the North Andover Conservation Commission on the form at the end of this Order prior to commencement of the work. Any Order not recorded by the applicant before work commences may be recorded by the NACC at the applicant's expense. 40. A sign shall be displayed at the work area not less than two square feet or more than three square feet in size bearing the words "NACC #111." 41. Any changes in the submitted plans caused by the applicant, another Board's decision or resulting from this Order of Conditions must be submitted to the NACC for approval prior to implementation. If the NACC finds said changes to be significant, the NACC will call for another public hearing (at the expense of the applicant). Within 21 days of the close of said public hearing the NACC will issue an amended or new Order of Conditions. Any errors found in the plans or information submitted by the applicant shall be considered as changes. 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. The applicant shall submit a Planting Plan for landscaping proposed in the buffer zone to wetland resource areas. All plantings proposed in wetland resource areas or the buffer zone shall be native species. The plan will be approved by the Conservation Department prior to commencement of landscaping activities. 44. Prior to any work commencing on-site, the applicant shall submit to the NACC for approval, a detailed and dated sequence of construction, including the installation of sedimentation/erosion control devices, installation of foundation drains, landscaping and final stabilization. NACC#111,50 Royal Crest Estates,Building 40 4 NACC 7/11/2013 NACC #111 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 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. A row of trenched siltation fence or other erosion control to be approved by the Conservation Department shall be placed between all construction areas and wetlands. The erosion control barrier will be properly installed and placed as close to the proposed work as possible and no closer than 25' from delineated resource areas. The erosion control 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. 47. The applicant shall have on hand at the start of any soil disturbance, removal or stockpiling ten (10) hay bales and sufficient stakes for staking these bales (or an equivalent amount of silt fence, 1 hay bale to equal 3 feet of fence or filter sock). Said bales shall be used only for the control of emergency erosion problems and shall not be used for the normal control of erosion. 48. A check payable to the Town of North Andover shall be provided in the amount of $1,000 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. NACC#111,50 Royal Crest Estates,Building 40 5 NACC 7/11/2013 NACC #111 49. The applicant shall designate a Wetland Scientist (or other environmental professional as approved by the NACC or its agent) as an"Erosion Control Monitor' to oversee any emergency placement of controls and regular inspection or replacement of sedimentation control devices. The name and phone number of the erosion control monitor must be provided to the NACC in the event that this person has to be contacted, due to an emergency at the site, during any 24-hour period, including weekends. Proof of the retained monitor must be submitted to the Conservation Department on letterhead by the retained consulting firm. This person shall be given the authority to stop construction for erosion control purposes. The Environmental Professional will immediately notify the Conservation agent of any matter that requires attention by the Commission or the agent. The erosion control monitor will be required to inspect all such devices and oversee cleaning and the proper disposal of waste products. Cleaning shall include removal of any entrapped silt. 50. At least once during each week in which construction activities occurs on-site and for as long thereafter as ground remains unstabilized, the applicant shall submit a written report with photos from the"Erosion Control Monitor" to the NACC certifying that, to the best of his/her knowledge and belief based on a careful site inspection, all work is being performed in compliance with this Order of Conditions and that approved setbacks are being adhered to. The erosion control monitor must visually inspect all sedimentation/erosion control measures and assume responsibility for their maintenance on a weekly basis and that they are functioning as intended. In addition, all wetland resource areas must be visually inspected for siltation, turbidity, and/or other water quality impacts. The Erosion Control Monitor shall be on site during and/or following a major storm event of 1/2' inch of rain or greater (24 hour event) to ensure that soils remain stable, and erosion controls are adequate and secure 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 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, the contractor, the engineer,wetland scientist and the applicant to ensure that all of the Conditions of this Order are understood. This Order shall be included in all construction contracts, subcontracts, and specifications dealing with the work proposed and shall supersede any conflicting contract requirements. The applicant shall assure that all contractors, subcontractors and other personnel performing the NACC#111,50 Royal Crest Estates,Building 40 6 NACC 7/11/2013 NACC #111 permitted work are fully aware of the permit's terms and conditions. Thereafter, the contractor will be held jointly liable for any violation of this Order of Conditions resulting from failure to comply with its conditions. The applicant or contractor shall notify the NACC in writing of the identity of the on-site construction supervisor hired to coordinate construction and to ensure compliance with this Order. A reasonable period of time shall be provided as notice of the pre-construction meeting (e.g. 72 hours). STORMWATER MANAGEMENT CONDITIONS 53. All construction and post-construction stormwater management shall be conducted in accordance with supporting documents submitted with the Notice of Intent, the Department of Environmental Protection Stormwater Management Policy and as approved by the NACC in this Order of Conditions. 54. There shall be no increase in the post development discharges from the storm drainage system or any other changes in post development conditions that alter the post development watershed boundaries as currently depicted in the Notice of Intent and approved by this Order of Conditions, unless specifically approved in writing by the Commission. 55. Water quality in down gradient BVW's shall not differ significantly following completion of the project from the pre-development conditions. There shall be no sedimentation into wetlands or water bodies from discharge pipes or surface runoff leaving the site. 56. All stormwater best management practices shall be continually maintained as specified in the Operation and Maintenance Plan (submitted as part of DEP File #242- 1550) and incorporated in the Order of Conditions. 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. Maintenance of the stormwater management system shall be conducted on an annual basis by a Registered Professional Civil Engineer. Maintenance bills submitted by cleaning contractors (catch basins, stormcepters, etc.) shall be maintained with annual engineering reports. A log/proof of annual maintenance activities as required by the Operation&Maintenance Plan shall be maintained for not less than the prior 5 year period. The NACC reserves the right to request documentation of maintenance activities for purposes of verification of this Order. 57. The applicants, owners, and their successors and assignees, shall maintain all culverts, collections basins, traps, outlet structures, subsurface storage areas, and other elements of the drainage system, in order to avoid blockages and siltation which might cause failure of the system and/or detrimental impacts to on-site or off-site resource areas, and shall maintain the integrity of vegetative cover on the site. NACC#111,50 Royal Crest Estates,Building 40 7 NACC 7/11/2013 NACC #111 DURING CONSTRUCTION 58. Upon beginning work, the applicant shall submit written weekly progress reports detailing what work has been done in or near resource areas, and what work is anticipated to be done over the next period. This will update the construction sequence. Reports shall be submitted in as part of the weekly environmental monitoring report (see Condition#50). 59. Dewatering activities are not proposed as part of the filing. No discharge of water is allowed directly into an area subject to jurisdiction of the Wetlands Protection Act and/or the North Andover Wetland Bylaw. If emergency de-watering requirements arise, the applicant shall submit a contingency plan to the Commission for approval, which provides for the pumped water to be contained in a settling basin, to reduce turbidity prior to discharge into a resource area. 60. Associated pavement and roadways shall be swept at least weekly or as directed by the Erosion Control monitor, the Site Supervisor, Project Manager, or Conservation staff for as long as the site remains exposed and un-stabilized. 61. 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. 62. 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. 63. 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. 64. There shall be no stockpiling of soil or other materials within fifty (50) feet of any resource area. 65. Washings from concrete trucks, or surplus concrete, shall not be directed to, any drainage system, or wetland resource area. If truck washing is to be done on site an area shall be designated and approved by the Conservation Department. NACC#111,50 Royal Crest Estates,Building 40 8 NACC 7/11/2013 NACC #111 66. 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. 67. Accepted engineering and construction standards and procedures shall be followed in the completion of the project. 68. 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. "AFTERONSTRUCTION 69. 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 Towns Wetland protection ByLaw. 70. 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. 71. 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 72. 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. 73. 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. NACC C ,50 Royal Crest Estates,Building 40 9 NACC 7/11/2013 NACC #111 74. Upon completion of the project the applicant shall submit the following to the Conservation Commission as part of a request for a Certificate of Compliance: a. WPA Form 8A - "Request for a Certificate of Compliance." b. A letter from the applicant requesting a Certificate of Compliance. c. The name and address of the current landowner. d. Signed statements from the individual property owners shall be submitted with the request for a Certificate of Compliance indicating that they read and understood the recorded Order of Conditions prior to purchasing their property. e. The name and address of the individual/trust or corporation to whom the compliance is to be granted. f. The street address and assessor's map/parcel number for the project. g. The DEP file number. h. A written statement from a Registered Professional Civil Engineer (and/or Registered Professional Land Surveyor) of the Commonwealth certifying that the work has been conducted as shown on the plan(s) and documents referenced above, and as conditioned by the Commission. i. An"As-Built" plan prepared and signed and stamped by a Registered Professional Civil Engineer (P.E.) (and/or Registered Professional Land Surveyor) of the Commonwealth,for the public record. This plan will include: ➢ "As-Built" post-development elevations of all drainage &stormwater management structures constructed within 100 feet of any wetland resource area. NOTE: If portions of the stormwater systems exist partially within the Buffer Zone than the entire structure must be depicted to accurately verify compliance. ➢ "As-Built" post-development elevations and grades of all filled or altered wetland resource areas including the encompassing buffer zone which is regulated as a resource area under the local Wetland Protection Bylaw. ➢ Distances from structures to wetland resource areas. Structures include (but are not limited to) septic systems,additions,fences, sheds, stone walls, pools,retaining walls, subsurface utilities and decks. ➢ A line showing the limit of work and the extent of existing erosion control devices. "Work" includes an disturbance of soils or vegetation. ➢ Location of all subsurface utilities entering the property. 75. 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 NACC # 111. Future work within 100' of existing NACC#111,50 Royal Crest Estates,Building 40 10 NACC 7/11/2013 NACC #111 wetland resource areas will require a separate filing with the NACC (refer to Section 3.4 of the Regulations for performance standards within these zones) The Conservation Administrator and/or other agents of the NACC do not have the authority to waive these setbacks as established under the local ByLaw; ➢ Stormwater Management System Operations and Maintenance (Condition #56) ➢ Discharge or spillage of pollutants (Condition#68); ➢ Prohibition of underground fuels (Condition #69); ➢ Limitations on the use of fertilizers, herbicides, and pesticides (Conditions #70) ➢ Prohibition of dumping of leaves, grass clippings, brush, or other debris (Condition #71). NACC#111,50 Royal Crest Estates,Building 40 11 NACC 7/11/2013 NACC #111 APPENDIX A-AFFIDAVIT L on oath do hereby depose ose and state: (authorized agent applicant and/or current owner) (PLEASE CHECK AT LEAST ONE BLOCK) 1. I am the of (position with applicant) (applicant name or company name) the applicant upon whom Order of Conditions have been placed upon by (DEP or NACC number) the North Andover Conservation Commission. &/or 2. 1 am the of (position with owner) (owner name) the owner upon whose land Order of Conditions have been placed up by (DEP or NACC number) the North Andover Conservation Commission. & 3. 1 hereby affirm and acknowledge that I have received said Order of Conditions and have read the same and understand each (DEP File#) and every condition which has been set forth in said Order of Conditions. & 4. 1 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#1 11,50 Royal Crest Estates,Building 40 12 NACC 7/11/2013 1 ! Provided by MassDEP: C� NACC#112 WPA Form 5 J- Order of Co� ,tions MassDEP File# eDEP Transaction# L11 - K zqlndo C y/Town A. General Information Please note: North Andover this form has 1. From: been modified Conservation Commission with added 2. This issuance is for space to a. ®Order of Conditions b. ❑Amended Order of Conditions accommodate (check one): the Registry of Deeds 3. To: Applicant: Requirements Dan Milinazzo a.First Name b.Last Name Important: When filling AIMCO North Andover, LLC out forms on c.Organization the 50 Royal Crest Drive computer, d.Mailing Address use only the tab key to North Andover MA 01845 move your e.City/Town f.State g.Zip Code cursor-do not use the 4. Property Owner(if different from applicant): return key. fel a. First Name b. Last Name c.Organization d.Mailing Address e.City/Town f.State g.Zip Code 5. Project Location: 50 Royal Crest Drive (Building 49) North Andover a.Street Address b.City/Town Map 25 Lots 35,36 c.Assessors Map/Plat Number d. Parcel/Lot Number Latitude and Longitude, if known: 42Dd40'm10"s -71 Dd07'm06"s d. Latitude e. Longitude wpaform5.doc• rev.05/19/2010 Page 1 of 12 I i Provided by MassDEP: y �vC i�ic�l�3Gr}' j��J�jJJL NACC#112 - -_ MassDEP File# WPA Form 5 - Order of Conditions eDEP Transaction# ILI tV P Aimlo ue< City/Town 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) 10934 47 c.Book d.Page 6/12/13 7/10/13 7/11/13 7. Dates: a. Date Notice of Intent Filed b. Date Public Hearing Closed c.Date of Issuance a. Final Approved Plans and Other Documents (attach additional plan or document references as needed): Site Plan Foundation Drainage(Building 49-Royal Crest Estates) a. Plan Title Cornerstone Land Consultants, Inc. John A. Visniewski, P. E. b. Prepared By c.Signed and Stamped by June 12, 2013 1" = 20' d. Final Revision Date e.Scale f.Additional Plan or Document Title g. Date B. Findings i. Findings pursuant to the Massachusetts Wetlands Protection Act: Following the review of the above-referenced Notice of Intent and based on the information provided in this application and presented at the public hearing, this Commission finds that the areas in which work is proposed is significant to the following interests of the Wetlands Protection Act(the Act). Check all that apply: a. ® Public Water Supply b. ❑ Land Containing Shellfish c' ® Prevention of Pollution a. ® Private Water Supply e. F1 Fisheries ® Protection of Fisheries 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) i 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 f Intent proposals submitted with the Notice o , these conditions shall control. wpaform5.doc• rev.05/19/2010 Page 2 of 12 Provided by MassDEP: � �i n�j' .t�%� NACC#112 MassDEP File# WPA Form 5 — Order of Conditions 9DEP Transaction# City/Town B. Findings (cont.) Denied because: 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 30 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 a. linear feet b. linear feet c.linear feet d.linear feet 5. ❑ Bordering Vegetated Wetland a.square feet b.square feet c.square feet d.square feet 5. ❑ Land Under Waterbodies and a.square feet b.square feet c.square feet d.square feet Waterways e. c/y dredged f.c/y dredged 7. ❑ 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 s. ❑ 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. ❑ Riverfront Area a.total sq.feet b.total sq.feet Sq ft within 100 ft c.square feet d.square feet e.square feet f.square feet Sq ft between 100- 200 ft g.square feet h.square feet i.square feet j.square feet wpaform5.doc• rev,05/19/2010 Page 3 of 12 � S Provided by MassDEP: NACC#112 WPA Form 5 — Order of Conditions MassDEP File# eDEP Transaction# 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 1o. ❑ Designated Port Indicate size under Land Under the Ocean, below Areas 11. ❑ Land Under the Ocean a.square feet b.square feet c.c/y dredged d.c/y dredged 12. ❑ Barrier Beaches Indicate size under Coastal Beaches and/or Coastal Dunes below 13. ❑ Coastal Beaches cu yd cu yd a.square feet b.square feet c.nourishment d. nourishment 14. ❑ Coastal Dunes cu yd cu yd a.square feet b.square feet c.nourishment d. nourishment 15. ❑ Coastal Banks a. linear feet b. linear feet 16. ❑ Rocky Intertidal Shores a.square feet b.square feet 17. ❑ Salt Marshes a.square feet b.square feet c.square feet d.square feet 18. ❑ Land Under Salt Ponds a.square feet b.square feet c.c/y dredged d.c/y dredged 19. ❑ Land Containing Shellfish a.square feet b.square feet c.square feet d.square feet 20. ❑ Fish Runs Indicate size under Coastal Banks, Inland Bank, Land Under the Ocean, and/or inland Land Under Waterbodies and Waterways, above a.c/y dredged b.c/y dredged 21. ❑ Land Subject to Coastal Storm a.square feet b.square feet Flowage wpaform5.doc• rev.05/19/2010 Page 4 of 12 111-q Provided by MassDEP: / NACC#112 MassDEP File# WPA Form 5 — Order of Conditions eDEP TransactionILI # City/Town B. Findings (cont.) p#22. I is for the 22. ❑ Restoration/Enhancementjec *: the purpose of restoring or a.square feet of BVW b.square feet of salt marsh enhancing a wetland resource area 23. ❑ Stream Crossing(s): in addition to the square footage that a.number of new stream crossings b. number of replacement stream crossings has been C. General Conditions Under Massachusetts Wetlands Protection Act entered in Section B.5.c (BVW)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 the additional regulatory measures, shall be deemed cause to revoke or modify this Order. g y 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 6/27/16 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.05/19/2010 Page 5 of 12 / Provided by MassDEP: NACC#112 MassDEP File# WPA Form 5 - Order of Conditions eDEP Transaction# /l�crs2 fLi���vJr�� 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#112 " 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.05/19/2010 Page 6 of 12 f r, Provided by MassDEP: NACC#112 / MassDEP File# Ll PA Form 5 — Order of Conditions eDEP Transaction## City/Town 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. Page 7 of 12 wpaform5.doc• rev.05/19/2010 Provided by MassDEP: NACC#112 MassDEP File# WPA Form 5 — Order of Conditions eDEP Transaction# 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 for purposes of implementing the hall be treated as a permittee p p p responsible party s 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 O&M Plan, and the requirements of the Massachusetts Stormwater Handbook. Page 8 of 12 wpaform5.doc• rev.05/19/2010 S �/ Provided by MassDEP: G 0 G-/1 �- `L NACC#112 Ll WPA Form 5 — Order of Conditions MassDEP File# eDEP Transaction# 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 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. 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.05/19/2010 Page 9 of 12 Provided by MassDEP: NACC#112 WPA Form 5 — Order of Conditions MassDEPFile# eDEP Transaction# AM-414 141111-retlP< 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 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 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 s. 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.05/19/2010 Page 10 of 12 Provided by MassDEP: NACC#112 WPA Form 5 — Order of Conditions MassDEP File teDEP Transaction# N— e e4-h qat/ eiz City/Town E. Signatures This Order is valid for three years, unless otherwise specified as a special / 3 condition pursuant to General Conditions#4,from the date of issuance. I. Date of Issuances 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: ❑ by hand delivery on by certified mail, return receipt requested, o V////-� 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.05/19/2010 Page 11 of 12 fProvided by MassDEP: 06,4 L 63, LA r /�� 0/1J21 NACC#112 MassDEP File# ELIJ WPQ Form 5 — Order of Conditions eDEP Transaction# City/Town G. Recording Information 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: 50 Royal Crest Drive (Building 49) NACC#112 Project Location MassDEP File Number Has been recorded at the Registry of Deeds of: County Book Page for: AIMCO North Andover, LLC Property Owner and has been noted in the chain of title of the affected property in: Book Page In accordance with the Order of Conditions issued on: Date If recorded land, the instrument number identifying this transaction is: Instrument Number , If registered land, the document number identifying this transaction is: Document Number Signature of Applicant wpaform5.doc• rev.05/19/2010 Page 12 of 12 NACC #112 Therefore, the North Andover Conservation Commission (hereafter the"NACU) hereby finds that the following conditions are necessary, in accordance with the Performance Standards set forth in the local ByLaw and Regulations to protect those interests noted above. The NACC orders that all work shall be performed in accordance with said conditions and with the Notice of Intent referenced below. To the extent that the following conditions modify or differ from the plans, specifications or other proposals submitted with the Notice of Intent, the conditions shall control. GENERAL CONDITIONS 20. The proposed work includes: installation of foundation drainage and drainage outlet for Building #49 in the 100-foot Buffer Zone to Isolated Vegetated Wetland. Waterproofing and repairs will also be conducted on the foundation. New precast concrete stairs will be installed. Roof drain connections will be installed and capped with no downspout connections allowed as part of this filing. New landscaping will also be installed. 21. The work shall conform to the following(except as noted in the remainder of this document where revisions may be required): Applicant/Property Owner: Dan Milinazzo AIMCO North Andover, LLC 50 Royal Crest Drive North Andover, Massachusetts 01845 Notice of Intent filed by: Kenneth Lania Cornerstone Land Consultants, Inc. 1794 Bridge Street- Unit 17B Dracut, MA 0182 Dated:June 13, 2013 Site Plansp Y P by:ared : Cornerstone Land Consultants,,Inc. Titled: Foundation Drainage Site Plan Foundation Drainage Bldg 49 - Royal Crest Estates Date: June 12, 2013 Sheets 1 -3 Stamped by: John A. Visniewski, P.E. 22. The term"Applicant" as used in this Order of Conditions shall refer to the owner, any successor in interest or successor in control of the property referenced in the Notice of Intent, supporting documents and this Order of Conditions. The NACC shall be notified in writing within 30 days of all transfers of title of any portion of property that takes place prior to the issuance of a Certificate of Compliance. NACC#112,50 Royal Crest Estates,Building 49 1 NACC 7/11/2013 NACC #112 23. The conditions of this decision shall apply to, and be binding upon, the applicant, owner, its employees and all successors and assigns in interest or control. These obligations shall be expressed in covenants in all deeds to succeeding owners of portions of the property. 24. Failure to comply with all conditions stated herein, and with all related statutes and other regulatory measures, shall be deemed cause to revoke or modify this Order. 25. This Order does not grant any property rights or any exclusive privileges; it does not authorize any injury to private property or invasion of property rights. However, the NACC, agent of the NACC or the Department of Environmental Protection (DEP) reserves the right to enter and inspect the property at all reasonable times until a Certificate of Compliance is issued, to evaluate compliance with this Order of Conditions, the Act (310 CMR 10.00), the North Andover Wetland ByLaw and Regulations, and may require any information,measurements, photographs, observations, and/or materials, or may require the submittal of any data or information deemed necessary by the NACC for that evaluation. Further, work shall be halted on the site if the NACC, agent or DEP determines that any of the work is not in compliance with this Order of Conditions. Work shall not resume until the NACC is satisfied that the work will comply and has so notified the applicant in writing. 26. This Order does not relieve the permittee or any other person of the necessity of complying with all other applicable federal, state or local statutes, ordinances, by-laws or regulations. 27. The work authorized hereunder shall be completed within three 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 thirt days (30) prior to the expiration date of the Order (Refer to Section 8.3 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. This Order of Conditions is issued in addition to an OOC issued by the Town of North Andover under NACC #32 which received a Certificate of Compliance on March 14, 2012. Four additional Orders of Conditions have been issued under DEP File No. 242- NACC#112,50 Royal Crest Estates,Building 49 2 NACC 7/11/2013 NACC #112 1550, 242-1568 and NACC #94 and 95. Certificates of Compliance have been applied for. These matters are pending. 32. 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). 33. The following wetland resource area is affected by the proposed work: Buffer Zone to Isolated Vegetated Wetland (IVW). This resource area is significant to the interests of the 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. 34. The NACC agrees with the applicant's delineation of the wetland resource areas on the site as shown on the plans dated referenced herein. An Order of Resource Area Delineation (ORAD) has also been issued for this site under DEP File #242-1567. 35. The NACC finds that the intensive use of the upland areas and buffer zone proposed on this site will cause further alteration of the wetland resource areas. In order to prevent any alteration of wetland resource areas a twenty five foot (25') No- Disturbance Zone and a fifty foot 50') No-Construction Zone shall be established from the edge of the adjacent wetland resource area except as shown as shown on the record plans referenced herein. The Conservation Administrator and/or other agents of the NACC do not have the authority to waive these setbacks as established under the local bylaw. No disturbance of existing grade, soils or vegetation is permitted in the No-Disturbance zone. (See Section 3.4 &Appendix F of the local Regulations). 36. 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. 37. 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. ce of this Order the owners agree to indemnify By acceptance gx' Y 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 NACC#112,50 Royal Crest Estates,Building 49 3 NACC 7/11/2013 NACC #112 38. No work shall be undertaken until all administrative appeal periods from this Order have elapsed or, if such an appeal has been filed,until all proceedings before the Department or Court have been completed. 39. This Order shall be recorded by the applicant at the Registry of Deeds immediately after the expiration of all appeal periods. No work shall be undertaken until the Final Order has been recorded in the Registry of Deeds or the Land Court for the district in which the land is located, within the chain of title of the affected property. In the case of recorded land, the Final Order shall also be noted in the Registry's Grantor Index under the name of the owner of the land upon which the proposed work is to be done. In the case of registered land, the Final Order shall also be noted on the Land Court Certificate of Title of the owner of the land upon which the proposed work is to be done. The recording information shall be submitted to the North Andover Conservation Commission on the form at the end of this Order prior to commencement of the work. Any Order not recorded by the applicant before work commences may be recorded by the NACC at the applicant's expense. 40. A sign shall be displayed at the work area not less than two square feet or more than three square feet in size bearing the words "NACC #112." 41. Any changes in the submitted plans caused by the applicant, another Board's decision or resulting from this Order of Conditions must be submitted to the NACC for approval prior to implementation. If the NACC finds said changes to be significant, the NACC will call for another public hearing (at the expense of the applicant). Within 21 days of the close of said public hearing the NACC will issue an amended or new Order of Conditions. Any errors found in the plans or information submitted by the applicant shall be considered as changes. 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. The applicant shall submit a Planting Plan for landscaping proposed in the buffer zone to wetland resource areas. All plantings proposed in wetland resource areas or the buffer zone shall be native species. The plan will be approved by the Conservation Department prior to commencement of landscaping activities. 44. Prior to any work commencing on-site, the applicant shall submit to the NACC for approval, a detailed and dated sequence of construction, including the installation of sedimentation/erosion control devices, installation of foundation drains,landscaping and final stabilization. NACC#112,50 Royal Crest Estates,Building 49 4 NACC 7/11/2013 NACC #112 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 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. A row of trenched siltation fence or other erosion control to be approved by the Conservation Department shall be placed between all construction areas and wetlands. The erosion control barrier will be properly installed and placed as close to the proposed work as possible and no closer than 25' from delineated resource areas. The erosion control shall be inspected and approved by the NACC or its agent prior to the start of construction and shall remain intact until all disturbed areas have been permanently stabilized to prevent erosion. All erosion prevention and sedimentation protection measures found necessary during construction shall be implemented at the direction of the NACC or its agent. The NACC reserves the right to impose additional conditions on portions of this project to mitigate any impacts which could result from site erosion, or any noticeable degradation of surface water quality discharging from the site. For example, installation of erosion control measures may be required in areas not shown on the plan(s) referenced in this Order of Conditions. Should such installation be required by the NACC, they shall be installed within 48 hours of the Commission's request. 47. The applicant shall have on hand at the start of any soil disturbance, removal or stockpiling ten (10) hay bales and sufficient stakes for staking these bales (or an equivalent amount of silt fence, 1 hay bale to equal 3 feet of fence or filter sock). Said bales shall be used only for the control of emergency erosion problems and shall not be used for the normal control of erosion. 48. A check payable to the Town of North Andover shall be provided in the amount of $1,000 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. NACC#112,50 Royal Crest Estates,Building 49 5 NACC 7/11/2013 NACC #112 49. The applicant shall designate a Wetland Scientist (or other environmental professional as approved by the NACC or its agent) as an "Erosion Control Monitor" to oversee any emergency placement of controls and regular inspection or replacement of sedimentation control devices. The name and phone number of the erosion control monitor must be provided to the NACC in the event that this person has to be contacted, due to an emergency at the site, during any 24-hour period, including weekends. Proof of the retained monitor must be submitted to the Conservation Department on letterhead by the retained consulting firm. This person shall be given the authority to stop construction for erosion control purposes. The Environmental Professional will immediately notify the Conservation agent of any matter that requires attention by the Commission or the agent. The erosion control monitor will be required to inspect all such devices and oversee cleaning and the proper disposal of waste products. Cleaning shall include removal of any entrapped silt. 50. At least once during each week in which construction activities occurs on-site and for as long thereafter as ground remains unstabilized, the applicant shall submit a written report with photos from the "Erosion Control Monitor" to the NACC certifying that, to the best of his/her knowledge and belief based on a careful site inspection, all work is being performed in compliance with this Order of Conditions and that approved setbacks are being adhered to. The erosion control monitor must visually inspect all sedimentation/erosion control measures and assume responsibility for their maintenance on a weekly basis and that they are functioning as intended. In addition, all wetland resource areas must be visually inspected for siltation, turbidity, and/or other water quality impacts. The Erosion Control Monitor shall be on site during and/or following a major storm event of 1/2" inch of rain or greater (24 hour event) to ensure that soils remain stable, and erosion controls are adequate and secure 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 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,the contractor, the engineer, wetland scientist and the applicant to ensure that all of the Conditions of this Order are understood. This Order shall be included in all construction contracts, subcontracts, and specifications dealing with the work proposed and shall supersede any conflicting contract requirements. The applicant shall assure that all contractors, subcontractors and other personnel performing the NACC#112,50 Royal Crest Estates,Building 49 6 NACC 7/11/2013 NACC #112 permitted work are fully aware of the permit's terms and conditions. Thereafter, the contractor will be held jointly liable for any violation of this Order of Conditions resulting from failure to comply with its conditions. The applicant or contractor shall notify the NACC in writing of the identity of the on-site construction supervisor hired to coordinate construction and to ensure compliance with this Order. A reasonable period of time shall be provided as notice of the pre-construction meeting (e.g. 72 hours). STORMWATER MANAGEMENT CONDITIONS 53. All construction and post-construction stormwater management shall be conducted in accordance with supporting documents submitted with the Notice of Intent, the Department of Environmental Protection Stormwater Management Policy and as approved by the NACC in this Order of Conditions. 54. There shall be no increase in the post development discharges from the storm drainage system or any other changes in post development conditions that alter the post development watershed boundaries as currently depicted in the Notice of Intent and approved by this Order of Conditions, unless specifically approved in writing by the Commission. 55. Water quality in down gradient BVW's shall not differ significantly following completion of the project from the pre-development conditions. There shall be no sedimentation into wetlands or water bodies from discharge pipes or surface runoff leaving the site. 56. All stormwater best management practices shall be continually maintained as specified in the Operation and Maintenance Plan (submitted as part of DEP File #242- 1550) and incorporated in the Order of Conditions. 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. Maintenance of the stormwater management system shall be conducted on an annual basis by a Registered Professional Civil Engineer. Maintenance bills submitted by cleaning contractors (catch basins, stormcepters, etc.) shall be maintained with annual engineering reports. A log/proof of annual maintenance activities as required by the Operation&Maintenance Plan shall be maintained for not less than the prior 5 year period. The NACC reserves the right to request documentation of maintenance activities for purposes of verification of this Order. 57. The applicants, owners, and their successors and assignees, shall maintain all culverts, collections basins,traps, outlet structures, subsurface storage areas, and other elements of the drainage system, in order to avoid blockages and siltation which might cause failure of the system and/or detrimental impacts to on-site or off-site resource areas, and shall maintain the integrity of vegetative cover on the site. NACC#112,50 Royal Crest Estates,Building 49 7 NACC 7/11/2013 NACC #112 DURING CONSTRUCTION 58. Upon beginning work, the applicant shall submit written weekly progress reports detailing what work has been done in or near resource areas, and what work is anticipated to be done over the next period. This will update the construction sequence. Reports shall be submitted in as part of the weekly environmental monitoring report (see Condition#50). 59. Dewatering activities are not proposed as part of the filing. No discharge of water is allowed directly into an area subject to jurisdiction of the Wetlands Protection Act and/or the North Andover Wetland Bylaw. If emergency de-watering requirements arise, the applicant shall submit a contingency plan to the Commission for approval, which provides for the pumped water to be contained in a settling basin, to reduce turbidity prior to discharge into a resource area. 60. Associated pavement and roadways shall be swept at least weekly or as directed by the Erosion Control monitor, the Site Supervisor,Project Manager, or Conservation staff for as long as the site remains exposed and un-stabilized. 61. 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. 62. 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. 63. 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. 64. There shall be no stockpiling of soil or other materials within fifty (50) feet of any resource area. 65. Washings from concrete trucks, or surplus concrete, shall not be directed to, any drainage system, or wetland resource area. If truck washing is to be done on site an area shall be designated and approved by the Conservation Department.artment. NACC#112,50 Royal Crest Estates,Building 49 8 NACC 7/11/2013 NACC #112 66. 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. 67. Accepted engineering and construction standards and procedures shall be followed in the completion of the project. 68. 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 69. 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. 70. 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. 71. 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 72. 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. 73. 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. NACC#112,50 Royal Crest Estates,Building 49 9 NACC 7/11/2013 NACC #112 74. Upon completion of the project the applicant shall submit the following to the Conservation Commission as part of a request for a Certificate of Compliance: a. WPA Form 8A - "Request for a Certificate of Compliance." b. A letter from the applicant requesting a Certificate of Compliance. c. The name and address of the current landowner. d. Signed statements from the individual property owners shall be submitted with the request for a Certificate of Compliance indicating that they read and understood the recorded Order of Conditions prior to purchasing their property. e. The name and address of the individual/trust or corporation to whom the compliance is to be granted. f. The street address and assessor's map/parcel number for the project. g. The DEP file number. h. A written statement from a Registered Professional Civil Engineer (and/or Registered Professional Land Surveyor) of the Commonwealth certifying that the work has been conducted as shown on the plan(s) and documents referenced above, and as conditioned by the Commission. i. An"As-Built" plan prepared and signed and stamped by a Registered Professional Civil Engineer (P.E.) (and/or Registered Professional Land Surveyor) of the Commonwealth,for the public record. This plan will include: ➢ "As-Built" post-development elevations of all drainage & stormwater management structures constructed within 100 feet of any wetland resource area. NOTE: If portions of the stormwater systems exist partially within the Buffer Zone than the entire structure must be depicted to accurately verify compliance. ➢ "As-Built" post-development elevations and grades of all filled or altered wetland resource areas including the encompassing buffer zone which is regulated as a resource area under the local Wetland Protection Bylaw. ➢ Distances from structures to wetland resource areas. Structures include (but are not limited to) septic systems, additions,fences, sheds, stone walls, pools,retaining walls, subsurface utilities and decks. ➢ A line showing the limit of work and the extent of existing erosion control devices. "Work" includes an disturbance of soils or vegetation. ➢ Location of all subsurface utilities entering the property. 75. 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 NACC # 112. Future work within 100' of existing NACC#112,50 Royal Crest Estates,Building 49 10 NACC 7/11/2013 NACC #112 wetland resource areas will require a separate filing with the NACC (refer to Section 3.4 of the Regulations for performance standards within these zones) The Conservation Administrator and/or other agents of the NACC do not have the authority to waive these setbacks as established under the local ByLaw; ➢ Stormwater Management System Operations and Maintenance (Condition #56) ➢ Discharge or spillage of pollutants (Condition #68); ➢ Prohibition of underground fuels (Condition #69); ➢ Limitations on the use of fertilizers, herbicides, and pesticides (Conditions #70) ➢ Prohibition of dumping of leaves, grass clippings, brush, or other debris (Condition#71). i NACC#112,50 Royal Crest Estates,Building 49 11 NACC 7/11/2013 i • f NACC #112 APPENDIX A-AFFIDAVIT I on oath do hereby depose and state: (authorized agent applicant and/or current owner) (PLEASE CHECK AT LEAST ONE BLOCK) 1. I am the of (position with applicant) (applicant name or company name) the applicant upon whom Order of Conditions have been placed upon by (DEP or NACC number) the North Andover Conservation Commission. &/or 2. 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. 1 hereby affirm and acknowledge that I have received said Order of Conditions and have read the same and understand each (DEP File#) and every condition which has been set forth in said Order of Conditions. & 4. 1 hereby affirm and acknowledge that on this day of 19 i 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) 1 NACC#112,50 Royal Crest Estates,tates,Building 49 12 NACC 7/11/2013 Massachusetts Department of Environmental Protection Provided by MassDEP: Bureau of Resource Protection-Wetlands MassDEP File#:242-1568 WPA Form 5- Order of Conditions eDEP Transaction#:506646 Massachusetts Wetlands Protection Act M.G.L.c. 131,§40 City/rown:NORTH ANDOVER A. General Information 1.Conservation Commission NORTH ANDOVER 2.Issuance a. r OOC b.r Amended OOC 3.Applicant Details a.First Name DAN b.Last Name MILINAZZO c.Organization AIMCO NORTH ANDOVER,LLC d.Mailing Address 50 ROYAL CREST DRIVE e.City/Town NORTH ANDOVER f.State MA g.Zip Code 01845 4.Property Owner a.First Name DAN b.Last Name MILINAZZO c.Organization AIMCO NORTH ANDOVER,LLC d.Mailing Address 50 ROYAL CREST DRIVE e.City/Town NORTH ANDOVER f.State MA g.Zip Code 01845 5.Project Location a.Street Address 50 ROYAL CREST DRIVE b.City/rown NORTH ANDOVER c.Zip Code 01845 d.Assessors Map/Plat#25 e.Parcel/Lot# 35&66 f.Latitude 42.6687N g.Longitude 71.11646W 6.Property recorded at the Registry of Deed for: a.County b.Certificate c.Book d.Page NORTHERN ESSEX 10934 47 7.Dates a.Date NOI Filed: 9/12/2012 b.Date Public Hearing Closed: 9/26/2012 c.Date Of Issuance: 9/27/2012 8.Final Approved Plans and Other Documents a.Plan Title: b.Plan Prepared by: c.Plan Signed/Stamped by: d.Revised Final Date: e.Scale: FOUNDATION CORNERSTONE DRAINAGE SITE LAND JOHN A.VISNIEWSKI,P.E. August 29,2012 1"=20' PLAN BLDG 48(3 CONSULTANTS,INC. SHEETS) B. Findings Page 1 of 10 *ELECTRONIC COPY Massachusetts Department of Environmental Protection Provided by MassDEP: Bureau of Resource Protection-Wetlands MassDEP File#:242-1568 MTA Form 5 -Order of Conditions eDEP Transaction#:506646 r Massachusetts Wetlands Protection Act M.G.L.c. 131,§40 CityfTown:NORTH ANDOVER 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. r Land Containing Shellfish c.r Prevention of Pollution d. r Private Water Supply e. r.— Fisheries f. r Protection of Wildlife Habitat g. r Ground Water Supply h. r Storm Damage Prevention i. F 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 28 area specified in 310CMR10.02(1)(a). a.linear feet Inland Resource Area Impacts:(For Approvals Only): Resource Area Proposed Permitted Proposed Permitted Alteration Alteration Replacement Replacement 4. r Bank a.linear feet b.linear feet c.linear feet d.linear feet 5.r Bordering Vegetated Wetland a.square feet b.square feet c.square feet d.square feet 6. r-Land under Waterbodies and Waterways a.square feet b.square feet c.square feet d.square feet e.c1y dredged f.cly dredged i Page 2 of 10*ELECTRONIC COPY t Massachusetts Department of Environmental Protection Provided by MassDEP: Bureau of Resource Protection-Wetlands MassDEP File#:242-1568 WPA Form 5-Order of Conditions eDEP Transaction#:506646 Massachusetts Wetlands Protection Act M.G.L.c. 131,§40 City/Town:NORTH ANDOVER L1(1 R 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.C Riverfront Area a.total sq.feet b.total sq.feet Sq ft within 100 ft c.square feet d.square feet e.square feet f.square feet Sq ft between 100-200 ft g.square feet h.square feet i.square feet j.square feet Coastal Resource Area Impacts: Resource Area Proposed Permitted Proposed Permitted Alteration Alteration Replacement Replacement 10.r Designated Port Areas Indicate size under Land Under the Ocean,below 11.r Land Under the Ocean T 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.C Coastal Beaches a.square feet b.square feet c.c/y nourishment d.c/y nourishment 14.r Coastal Dunes a.square feet b.square feet c.c/y nourishment d.c!y nourishment 15.r Coastal Banks a linear feet b.linear feet 16.f Rocky Intertidal Shores a.square feet b.square feet 17.r Salt Marshes a.square feet b.square feet c.square feet d.square feet 18.1— Land Under Salt Ponds a.square feet b.square feet c.c/y dredged d.c/y dredged 19.F-Land Containing Shellfish Page 3 of 10*ELECTRONIC COPY i 1 LlMassachusetts Department of Environmental Protection Provided by MassDEP: Bureau of Resource Protection-Wetlands MassDEP File#:242-1568 WPA Form 5 -Order of Conditions eDEP Transaction#:506646 Massachusetts Wetlands Protection Act M.G.L.c. 131,§40 City/Town:NORTH ANDOVER 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 21.1-Land Subject to Coastal Storm Flowage a.square feet b.square feet 22. C 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. F-Streams Crossing(s) If the project involves Stream Crossings,please enter the number of new stream crossings/number of replacement stream crossings. a.number of new stream crossings b.number of replacement stream crossings C. General Conditions Under Massachusetts Wetlands Protection Act The following conditions are only applicable to Approved projects 1. Failure to comply with all conditions stated herein,and with all related statutes and other regulatory measures,shall be deemed cause to revoke or modify this Order. 2. The Order does not grant any property rights or any exclusive privileges;it does not authorize any injury to private property or invasion of private rights. 3. This Order does not relieve the permittee or any other person of the necessity of complying with all other applicable federal, state,or local statutes,ordinances,bylaws,or regulations. 4. The work authorized hereunder shall be completed within three years from the date of this Order unless either of the following apply a.the work is a maintenance dredging project as provided for in the Act;or b.the time for completion has been extended to a specified date more than three years,but less than five years,from the date of issuance.If this Order is intended to be valid for more than three years,the extension date and the special circumstances warranting the extended time period are set forth as a special condition in this Order. 5. This Order may be extended by the issuing authority for one or more periods of up to three years each upon application to the issuing authority at least 30 days prior to the expiration date of the Order. 6. If this Order constitutes an Amended Order of Conditions,this Amended Order of Conditions does not exceed the issuance date of the original Final Order of Conditions. 7. Any fill used in connection with this project shall be clean fill.Any fill shall contain no trash,refuse,rubbish,or debris,including but not limited to lumber,bricks,plaster,wire,lath,paper,cardboard,pipe,tires,ashes,refrigerators,motor vehicles,or parts of any of the foregoing. 8. This Order is not final until all administrative appeal periods from this Order have elapsed,or if such an appeal has been taken, until all proceedings before the Department have been completed. Page 4 of 10*ELECTRONIC COPY Massachusetts Department of Environmental Protection Provided by MassDEP: Bureau of Resource Protection-Wetlands MassDEP File#:242-1568 WPA Form 5 -Order of Conditions eDEP Transaction#:506646 L1( Massachusetts Wetlands Protection Act M.G.L.c. 131,§40 City/Town:NORTH ANDOVER 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:"242-1568" 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 perforniing 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) F is not(2)r subject to the Massachusetts Stormwater Standards. If the work is subject to Stormwater Standards,then the project is subject to the following conditions; a) All work,including site preparation,land disturbance,construction and redevelopment,shall be implemented in accordance with the construction period pollution prevention and erosion and sedimentation control plan and,if applicable,the Stormwater Pollution Prevention Plan required by the National Pollutant Discharge Elimination System Construction General Permit as required by Stormwater Standard 8.Construction period erosion,sedimentation and pollution control measures and best management practices(BMPs)shall remain in place until the site is fully stabilized. b) No stormwater runoff may be discharged to the post-construction stormwater BMPs unless and until a Registered Professional Engineer provides a Certification that:i.all construction period BMPs have been removed or will be removed by a date certain specified in the Certification.For any construction period BMPs intended to be converted to post construction operation for stormwater attenuation,recharge,and/or treatment,the conversion is allowed by the MassDEP Stormwater Handbook BMP specifications and that the BMP has been properly cleaned or prepared for post construction operation, including removal of all construction period sediment trapped in inlet and outlet control structures;ii..as-built final construction Page 5 of 10*ELECTRONIC COPY Massachusetts Department of Environmental Protection Provided by MassDEP: 7L�jureau of Resource Protection-Wetlands MassDEP File#:242-1568 WPA Form 5-Order of Conditions eDEP Transaction#:506646 Massachusetts Wetlands Protection Act M.G.L.c. 131,§40 City/Town:NORTH ANDOVER BMP plans are included,signed and stamped by a Registered Professional Engineer,certifying the site is fully stabilized;iii. any illicit discharges to the stormwater management system have been removed,as per the requirements of Stormwater Standard 10;iv. all post-construction stormwater BMPs are installed in accordance with the plans(including all planting plans)approved by the issuing authority,and have been inspected to ensure that they are not damaged and that they are in proper working condition;v.any vegetation associated with post-construction BMPs is suitably established to withstand erosion. c) The landowner is responsible for BMP maintenance until the issuing authority is notified that another party has legally assumed responsibility for BMP maintenance.Prior to requesting a Certificate of Compliance,or Partial Certificate of Compliance,the responsible party(defined in General Condition 19(e))shall execute and submit to the issuing authority an Operation and Maintenance Compliance Statement("O&M Statement")for the Stormwater BMPs identifying the party responsible for implementing the stormwater BMP Operation and Maintenance Plan("O&M Plan")and certifying the following:i.)the O&M Plan is complete and will be implemented upon receipt of the Certificate of Compliance,and ii.)the future responsible 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(f)through 19(k)with respect to that BMP.Any failure of the proposed responsible party to implement the requirements of Conditions 19(f)through 19(k)with respect to that BMP shall be a violation of the Order of Conditions or Certificate of Compliance.In the case of stormwater BMPs that are serving more than one lot,the legally binding agreement shall also identify the lots that will be serviced by the stormwater BMPs.A plan and easement deed that grants the responsible party access to perform the required operation and maintenance must be submitted along with the legally binding agreement. fl The responsible party shall operate and maintain all stormwater BMPs in accordance with the design plans,the O&M Plan, and the requirements of the Massachusetts Stormwater Handbook. g) The responsible party shall: 1.Maintain an operation and maintenance log for the last three(3)consecutive calendar years of inspections,repairs, maintenance and/or replacement of the stormwater management system or any part thereof,and disposal(for disposal the log shall indicate the type of material and the disposal location); 2.Make the maintenance log available to MassDEP and the Conservation Commission("Commission")upon request;and 3.Allow members and agents of the MassDEP and the Commission to enter and inspect the site to evaluate and ensure that the responsible party is in compliance with the requirements for each BMP established in the O&M Plan approved by the issuing authority. h) All sediment or other contaminants removed from stormwater BMPs shall be disposed of in accordance with all applicable federal,state,and local laws and regulations. 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. Page 6 of 10 *ELECTRONIC COPY I Massachusetts Department of Environmental Protection Provided by MassDEP: --- Bureau of Resource Protection-Wetlands MassDEP File#:242-1568 WPA Form 5 -Order of Conditions eDEP Transaction#:506646 Massachusetts Wetlands Protection Act M.G.L.c. 131,§40 CityfTown:NORTH ANDOVER Special Conditions: SEE ATTACHED. Page 7 of 10*ELECTRONIC COPY Massachusetts Department of Environmental Protection Provided by MassDEP: Bureau of Resource Protection-Wetlands MassDEP File#:242-1568 WPA Form 5-Order of Conditions eDEP Transaction#:506646 LI)II 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?1✓ Yes r No 2. The Conservation Commission hereby(check one that anpliesj- a. I DENIES the proposed work which cannot be conditioned to meet the standards set forth in a municipal ordinance or bylaw specifically: 1.Municipal Ordinance or Bylaw 2.Citation Therefore,work on this project may not go forward unless and until a revised Notice of Intent is submitted which provides measures which are adequate to meet these standards,and a final Order or Conditions is issued.Which are necessary to comply with a municipal ordinance or bylaw: b. r APPROVES the proposed work,subject to the following additional conditions. NORTH ANDOVER 1.Municipal Ordinance or Bylaw WETLANDS y PROTECTION 2.Citation CHAPTER 178 BYLAW 3. The Commission orders that all work shall be performed in accordance with the following conditions and with the Notice of Intent referenced above.To the extent that the following conditions modify or differ from the plans,specifications,or other proposals submitted with the Notice of Intent,the conditions shall control. The special conditions relating to municipal ordinance or bylaw are as follows: SEE ATTACHED. Page 8 of 10 *ELECTRONIC COPY Massachusetts Department of Environmental Protection Provided by MassDEP: Bureau of Resource Protection-Wetlands MassDEP File#:242-1568 MPA Form 5 -Order of Conditions eDEP Transaction#:506646 Massachusetts Wetlands Protection Act M.G.L.c. 131,§40 City/Town:NORTH ANDOVER E. Signatures This Order is valid for three years from the date of issuance,unless otherwise specified pursuant to General Condition#4.If this is an Amended Order of Conditions,the Amended 1.Date of Original Order Order expires on the same date as the original Order of Conditions. Please indicate the number of members who will sign this form.This Order must be signed by 2 Number of Signers a majority of the Conservation Commission. The Order must be mailed by certified mail(return receipt requested)or hand delivered to the applicant.A copy also must be mailed or hand delivered at the same time to the appropriate Department of Environmental Protection Regional Office,if not filing electronically,and the property owner,if different from applicant. Signatures: �1L F' by hand delivery on y certified mail,re receipt requested,on .-P T Date Date F. Appeals The applicant,the owner,any person aggrieved by this Order,any owner of land abutting the land subject to this Order,or any ten residents of the city or town in which such land is located,are hereby notified of their right to request the appropriate MassDEP Regional Office to issue a Superseding Order of Conditions.The request must be made by certified mail or hand delivery to the Department,with the appropriate filing fee and a completed Request for Departmental Action Fee Transmittal Form,as provided in 310 CMR 10.03(7)within ten business days from the date of issuance of this Order.A copy of the request shall at the same time be sent by certified mail or hand delivery to the Conservation Commission and to the applicant,if he/she is not the appellant. Any appellants seeking to appeal the Department's Superseding Order associated with this appeal will be required to demonstrate prior participation in the review of this project.Previous participation in the permit proceeding means the submission of written information to the Conservation Commission prior to the close of the public hearing,requesting a Superseding Order,or providing written information to the Department prior to issuance of a Superseding Order. The request shall state clearly and concisely the objections to the Order which is being appealed and how the Order does not contribute to the protection of the interests identified in the Massachusetts Wetlands Protection Act(M.G.L.c. 131,§40),and is inconsistent with the wetlands regulations(3 10 CMR 10.00).To the extent that the Order is based on a municipal ordinance or bylaw, and not on the Massachusetts Wetlands Protection Act or regulations,the Department has no appellate jurisdiction. Page 9 of 10*ELECTRONIC COPY i LlMassachusetts Department of Environmental Protection Provided by MassDEP: Bureau of Resource Protection-Wetlands MassDEP File#:242-1568 WPA Form 5 -Order of Conditions eDEP Transaction#:506646 Massachusetts Wetlands Protection Act M.G.L.c. 131,§40 City/Town:NORTH ANDOVER I 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: 1 i 50 ROYAL CREST DRIVE 242-1568 Project Location MassDEP File Number { Has been recorded at the Registry of Deeds of.- County f:County Book Page i for: Property Owner DAN MILINAZZO 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 I If recorded land,the instrument number identifying this transaction is: � Instrument Number ! 1 If registered land,the document number identifying this transaction is: i Document Number Signature of Applicant Rev.4/1/2010 I Page 10 of 10*ELECTRONIC COPY 4 i { DEP FILE#242 - 1568 Therefore, the North Andover Conservation Commission(hereafter the "NACC") hereby finds that the following conditions are necessary,in accordance with the Performance Standards set forth in the State Regulations, the local ByLaw and Regulations, to protect those interests noted above. The NACC orders that all work shall be performed in accordance with said conditions and with the Notice of Intent referenced below. To the extent that the following conditions modify or differ from the plans, specifications or other proposals submitted with the Notice of Intent, the conditions shall control. GENERAL CONDITIONS 20. The proposed work includes: installation of foundation drainage with a new connection to an existing outlet structure on Building 48 in the 100-foot Buffer Zone to Bordering Vegetated Wetland and Isolated Vegetated Wetland. Waterproofing and repairs will also be conducted on the foundation. Roof drain connections will be installed and capped with no downspout connections allowed as part of this filing. New landscaping will also be installed. 21. The work shall conform to the following (except as noted in the remainder of this document where revisions may be required): Applicant/Property Owner: Dan Milinazzo AIMCO North Andover, LLC 50 Royal Crest Drive North Andover, Massachusetts 01845 Notice of Intent filed by: Kenneth Lania Cornerstone Land Consultants, Inc. 1794 Bridge Street- Unit 17B Dracut, MA 0182 Dated: August 30, 2012 Site Plans prepared by: Cornerstone Land Consultants, Inc. Titled: Foundation Drainage Site Plan, Details and Notes Bldg 48 - Royal Crest Estates Date: August 29,2012 Sheets 1 -3 (Site Plan, Details, Notes) Stamped by: John A. Visniewski, P.E. Waiver Request: Dated 8/30/12 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 242-1568,50 Royal Crest Estates,Building 48 1 NACC 9/27/2012 DEP FILE#242 - 1568 notified in writing within 30 days of all transfers of title of any portion of property that takes place prior to the issuance of a Certificate of Compliance. 23. The conditions of this decision shall apply to, and be binding upon,the applicant, owner its �employees and all successors and assigns in interest or control. These obligations shall be expressed in covenants in all deeds to succeeding owners of portions of the property. 24. Failure to comply with all conditions stated herein, and with all related statutes and other regulatory measures, shall be deemed cause to revoke or modify this Order. 25. This Order does not grant any property rights or any exclusive privileges; it does not authorize any injury to private property or invasion of property rights. However, the NACC, agent of the NACC or the Department of Environmental Protection (DEP) reserves the right to enter and inspect the property at all reasonable times until a Certificate of Compliance is issued, to evaluate compliance with this Order of Conditions, the Act (310 CMR 10.00), the North Andover Wetland ByLaw and Regulations, and may require any information,measurements, photographs, observations, and/or materials, or may require the submittal of any data or information deemed necessary by the NACC for that evaluation. Further,work shall be halted on the site if the NACC, agent or DEP determines that any of the work is not in compliance with this Order of Conditions. Work shall not resume until the NACC is satisfied that the work will comply and has so notified the applicant in writing. 26. This Order does not relieve the permittee or any other person of the necessity of complying with all other applicable federal, state or local statutes, ordinances,by-laws or regulations. 27. The work authorized hereunder shall be completed within threes 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) 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 aart to all enc proceedings and hearings before the Department. p Y aagency YP g g P 242-1568,50 Royal Crest Estates,Building 48 2 NACC 9/27/2012 DEP FILE #242 - 1568 31. This Order of Conditions is issued in addition to an OOC issued by the Town of North Andover under NACC #32 which received a Certificate of Compliance on March 14, 2012. Three additional Orders of Conditions have been issued under DEP File No. 242- 1550 and NACC Nos. 94 and 95. These orders remain open and active. 32. 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). 33. The following wetland resource areas are affected by the proposed work: Buffer Zone to Bordering Vegetated Wetland (BVW) and Isolated Vegetated Wetland (IVW). 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. 34. The NACC agrees with the applicant's delineation of the wetland resource areas on the site as shown on the plans dated referenced herein. An Order of Resource Area Delineation (ORAD) has also been issued for this site under DEP File #242-1567. 35. The NACC finds that the intensive use of the upland areas and buffer zone proposed on this site will cause further alteration of the wetland resource areas. In order to prevent any alteration of wetland resource areas a twenty five foot (25') No- Disturbance Zone and a fifty foot 50') No-Construction Zone shall be established from the edge of the adjacent wetland resource area except as shown as shown on the record plan referenced herein. The Conservation Administrator and/or other agents of the NACC do not have the authority to waive these setbacks as established under the local bylaw. No disturbance of existing grade, soils or vegetation is permitted.in the No-Disturbance zone. (See Section 3.4 &Appendix F of the local Regulations). 36. 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. 37. The owners of the project and their successors in title agree that the Order does not in itself impose upon the Town any responsibility to maintain the proposed drainage system and that said Town shall not be liable for any damage in the event of failure. By acceptance of this Order,the owners agree to indemnify and hold harmless to the Town and its residents for any damage attributable to alterations undertaken on this property pursuant to the Order. Issuance of these Conditions does not in any way imply or certify that the site or downstream areas will not be subject to flooding, storm damage or any other form of water damage. 242-1568,50 Royal Crest Estates,Building 48 3 NACC 9/27/2012 • I DEP FILE#242 - 1568 PRIOR TO CONSTRUCTION 38. No work shall be undertaken until all administrative appeal periods from this Order have elapsed or, if such an appeal has been filed,until all proceedings before the Department or Court have been completed. 39. This Order shall be recorded by the applicant at the Registry of Deeds immediately after the expiration of all appeal periods. No work shall be undertaken until the Final Order has been recorded in the Registry of Deeds or the Land Court for the district in which the land is located,within the chain of title of the affected property. In the case of recorded land, the Final Order shall also be noted in the Registry's Grantor Index under the name of the owner of the land upon which the proposed work is to be done. In the case of registered land, the Final Order shall also be noted on the Land Court Certificate of Title of the owner of the land upon which the proposed work is to be done. The recording information shall be submitted to the North Andover Conservation Commission on the form at the end of this Order prior to commencement of the work. Any Order not recorded by the applicant before work commences may be recorded by the NACC at the applicant's expense. 40. A sign shall be displayed at the site (and other work areas) not less than two square feet or more than three square feet in size bearing the words "Massachusetts DEP, File Number 242-1568." 41. Any changes in the submitted plans caused by the applicant, another Board's decision or resulting from this Order of Conditions must be submitted to the NACC for approval prior to implementation. If the NACC finds said changes to be significant, the NACC will call for another public hearing (at the expense of the applicant). Within 21 days of the close of said public hearing the NACC will issue an amended or new Order of Conditions. Any errors found in the plans or information submitted by the applicant shall be considered as changes. 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. The applicant shall submit a Planting Plan for landscaping proposed in the buffer zone to wetland resource areas. All plantings proposed in wetland resource areas or the buffer zone shall be native species. The plan will be approved by the Conservation Department prior to commencement of landscaping activities. 44. Prior to any work commencing on-site, the applicant shall submit to the NACC for approval, a detailed and dated sequence of construction, including the installation of 242-1568,50 Royal Crest Estates,Building 48 4 NACC 9/27/2012 DEP FILL#242 - 1568 sedimentation/erosion control devices, installation of foundation drains,landscaping and final stabilization. 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 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. A row of trenched siltation fence or other erosion control to be approved by the Conservation Department shall be placed between all construction areas and wetlands. The erosion control barrier will be properly installed and placed as close to the proposed work as possible and no closer than 25' from delineated resource areas. The erosion control 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. 47. The applicant shall have on hand at the start of any soil disturbance, removal or stockpiling fifteen (15) hay bales and sufficient stakes for staking these bales (or an equivalent amount of silt fence, 1 hay bale to equal 3 feet of fence or filter sock). Said bales shall be used only for the control of emergency erosion problems and shall not be used for the normal control of erosion. 48. A check payable to the Town of North Andover shall be provided in the amount of $1,000 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 242-1568,50 Royal Crest Estates,Building 48 5 NACC 9/27/2012 DEP FILE#242 - 1568 portions of the project for the NACC's review and approval. This condition is issued under the authority of the local ByLaw. 49. The applicant shall designate a Wetland Scientist (or other environmental professional as approved by the NACC or its agent) as an"Erosion Control Monitor' to oversee any emergency placement of controls and regular inspection or replacement of sedimentation control devices. The name and phone number of the erosion control monitor must be provided to the NACC in the event that this person has to be contacted, due to an emergency at the site, during any 24-hour period, including weekends. Proof of the retained monitor must be submitted to the Conservation Department on letterhead by the retained consulting firm. This person shall be given the authority to stop construction for erosion control purposes. The Environmental Professional will immediately notify the Conservation agent of any matter that requires attention by the Commission or the agent. The erosion control monitor will be required to inspect all such devices and oversee cleaning and the proper disposal of waste products. Cleaning shall include removal of any entrapped silt. 50. At least once during each week in which construction activities occurs on-site and for as long thereafter as ground remains unstabilized,the applicant shall submit a written report with photos from the "Erosion Control Monitor" to the NACC certifying that, to the best of his/her knowledge and belief based on a careful site inspection,all work is being performed in compliance with this Order of Conditions and that approved setbacks are being adhered to. The erosion control monitor must visually inspect all sedimentation/erosion control measures and assume responsibility for their maintenance on a weekly basis and that they are functioning as intended. In addition, all wetland resource areas must be visually inspected for siltation, turbidity,and/or other water quality impacts. The Erosion Control Monitor shall be on site during and/or following a major storm event of 1/2" inch of rain or greater (24 hour event) to ensure that soils remain stable, and erosion controls are adequate and secure 51. Prior to construction, the applicant shall permanently mark the edge of the "25' No- Disturbance Zone" to Bordering Vegetated Wetland (or at the existing limit of clearing) with signs or markers (placed on pressure treated posts if necessary) spaced evenly every 30 feet incorporating the following text: "Protected Wetland Resource Area" and the associated rules (1 square for every 3 round markers). 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 may be obtained at the Conservation Department ($2 round/$3 square). 52. The applicant and/or the legal owner of that portion of land upon which these Orders of Conditions have been placed shall provide to the NACC prior to transferring, or 242-1568,50 Royal Crest Estates,Building 48 6 NACC 9/27/2012 f DEP FILE#242 - 1568 assigning any portion of said land to another party, subject to said Orders of Conditions,the"Compliance Certification Form Affidavit" attached via"Appendix A" signed under the pains and penalties of perjury, stating that said applicant and/or owner has read these Orders of Conditions and is in compliance with each and every condition. This document shall apply to each of the conditions referenced herein and shall be provided to the Conservation Department at least five (5) business days prior to the closing of said land transaction. 53. Once these above mentioned pre-construction requirements are complete, the applicant shall contact the Conservation Office prior to site preparation or construction and shall arrange an on-site conference with an NACC representative, the contractor,the engineer,wetland scientist and the applicant to ensure that all of the Conditions of this Order are understood. This Order shall be included in all construction contracts, subcontracts, and specifications dealing with the work proposed and shall supersede any conflicting contract requirements. The applicant shall assure that all contractors, subcontractors and other personnel performing the permitted work are fully aware of the permit's terms and conditions. Thereafter, the contractor will be held jointly liable for any violation of this Order of Conditions resulting from failure to comply with its conditions. The applicant or contractor shall notify the NACC in writing of the identity of the on-site construction supervisor hired to coordinate construction and to ensure compliance with this Order. A reasonable period of time shall be provided as notice of the pre-construction meeting(e.g. 72 hours). STORMWATER MANAGEMENT CONDITIONS 54. All construction and post-construction stormwater management shall be conducted in accordance with supporting documents submitted with the Notice of Intent, the Department of Environmental Protection Stormwater Management Policy and as approved by the NACC in this Order of Conditions. 55. 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. 56. Water quality in down gradient BVW's shall not differ significantly following completion of the project from the pre-development conditions. There shall be no sedimentation into wetlands or water bodies from discharge pipes or surface runoff leaving the site. 57. All stormwater best management practices shall be continually maintained as specified in the Operation and Maintenance Plan (to be completed as part of DEP File 242-1568,50 Royal Crest Estates,Building 48 7 NACC 9/27/2012 DEP FILE #242 - 1568 #242-1550) and incorporated in the Order of Conditions. 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. Maintenance of the stormwater management system shall be conducted on an annual basis by a Registered Professional Civil Engineer. Maintenance bills submitted by cleaning contractors (catch basins, stormcepters,etc.) shall be maintained with annual engineering reports. A log/proof of annual maintenance activities as required by the Operation & Maintenance Plan shall be maintained for not less than the prior 5 year period. The NACC reserves the right to request documentation of maintenance activities for purposes of verification of this Order. 58. The applicants, owners, and their successors and assignees, shall maintain all culverts, collections basins, traps, outlet structures, subsurface storage areas, and other elements of the drainage system, in order to avoid blockages and siltation which might cause failure of the system and/or detrimental impacts to on-site or off-site resource areas, and shall maintain the integrity of vegetative cover on the site. DURING CONSTRUCTION 59. Upon beginning work,the applicant shall submit written weekly progress reports detailing what work has been done in or near resource areas, and what work is anticipated to be done over the next period. This will update the construction sequence. Reports shall be submitted in as part of the weekly environmental monitoring report (see Condition#50). 60. Dewatering activities are not proposed as part of the filing. No discharge of water is allowed directly into an area subject to jurisdiction of the Wetlands Protection Act and/or the North Andover Wetland Bylaw. If emergency de-watering requirements arise,the applicant shall submit a contingency plan to the Commission for approval, which provides for the pumped water to be contained in a settling basin, to reduce turbidity prior to discharge into a resource area. 61. Associated pavement and roadways shall be swept at least weekly or as directed by the Erosion Control monitor, the Site Supervisor, Project Manager, or Conservation staff for as long as the site remains exposed and un-stabilized. 62. 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. 63. 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 242-1568,50 Royal Crest Estates,Building 48 8 NACC 9/27/2012 DEP FILE #242 - 1568 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. 64. 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. 65. There shall be no stockpiling of soil or other materials within fifty (50) feet of any resource area. 66. Washings from concrete trucks, or surplus concrete, shall not be directed to, any drainage system, or wetland resource area. If truck washing is to be done on site an area shall be designated and approved by the Conservation Department. 67. 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. 68. Accepted engineering and construction standards and procedures shall be followed in the completion of the project. 69. 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 ,equipment refueling lubrication, or maintenance is to be done within 100 feet of a resource area. AFTER CONSTRUCTION 70. 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. 71. 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 242-1568,50 Royal Crest Estates,Building 48 9 NACC 9/27/2012 DEP FILE #242 - 1568 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. 72. 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 73. 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. 74. 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. 75. Upon completion of the project the applicant shall submit the following to the Conservation Commission as part of a request for a Certificate of Compliance: a. WPA Form 8A - "Request for a Certificate of Compliance." b. A letter from the applicant requesting a Certificate of Compliance. c. The name and address of the current landowner. d. Signed statements from the individual property owners shall be submitted with the request for a Certificate of Compliance indicating that they read and understood the recorded Order of Conditions prior to purchasing their property. e. The name and address of the individual/trust or corporation to whom the compliance is to be granted. f. The street address and assessor's map/parcel number for the project. g. The DEP file number. h. A written statement from a Registered Professional Civil Engineer (and/or Registered Professional Land Surveyor) of the Commonwealth certifying that the work has been conducted as shown on the plan(s) and documents referenced above, and as conditioned by the Commission. i. An"As-Built" plan prepared and signed and stamped by a Registered Professional Civil Engineer (P.E.) (and/or Registered Professional Land Surveyor) of the Commonwealth, for the public record. This plan will include: ➢ "As-Built" post-development elevations of all drainage &stormwater management structures constructed within 100 feet of any wetland resource area. NOTE: If portions of the stormwater systems exist partially within the Buffer Zone than the entire structure must be depicted to accurately verify compliance. ➢ "As-Built" post-development elevations and grades of all filled or altered wetland resource areas including the encompassing buffer zone which is regulated as a resource area under the local Wetland Protection Bylaw. 242-1568,50 Royal Crest Estates,Building 48 10 NACC 9/27/2012 DEP FILE 4 242 - 1568 ➢ 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 Any disturbance of soils or vegetation. ➢ Location of all subsurface utilities entering the property. 76. The following special conditions shall survive the issuance of a Certificate of Compliance (COC) for this project: ➢ 25' No-Disturbance Zone and a 50' No-Construction Zone shall be established from the edge of adjacent wetland resource areas except in those locations approved under DEP# 242-1568. Future work within 100' of existing wetland resource areas will require a separate filing with the NACC (refer to Section 3.4 of the Regulations for performance standards within these zones) The Conservation Administrator and/or other agents of the NACC do not have the authority to waive these setbacks as established under the local ByLaw; ➢ Resource Area Markers (Condition#51); ➢ Stormwater Management System Operations and Maintenance (Condition #57) ➢ Discharge or spillage of pollutants (Condition#69); ➢ Prohibition of underground fuels (Condition#70); ➢ Limitations on the use of fertilizers,herbicides, and pesticides (Conditions #71) ➢ Prohibition of dumping of leaves, grass clippings, brush, or other debris (Condition #72). 242-1568,50 Royal Crest Estates,Building 48 i l NACC 9/27/2012 r DEP FILE#242 - 1568 APPENDIX A-AFFIDAVIT I, on oath do hereby depose and state: (authorized agent applicant and/or current owner) (PLEASE CHECK AT LEAST ONE BLOCK) 1. I am the of (position with applicant) (applicant name or company name) the applicant upon whom Order of Conditions have been placed upon by (DEP or NACC number) the North Andover Conservation Commission. &/or 2. 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) 242-1568,50 Royal Crest Estates,Building 48 12 NACC 9/27/2012 � t _.._. Provided by MassDEP: NACC#95 Form 57 Order of Conditions MassDEP File# eDEP Transaction# North Andover City/Town A. General Information Important: North Andover When filling 1.From: out forms on Conservation Commission the 2. This issuance is for computer, (Check one): a.®Order of Conditions b.F1Amended Order of Conditions use only the tab key to 3.To: Applicant: move your cursor-do Dan Milinazzo not use the a.First Name b.Last Name return key. AIMCO North Andover, LLC c.Organization 50 Royal Crest Drive d.Mailing Address North Andover MA 01845 e.City/Town f.State g.Zip Code 4. Property Owner(if different from applicant): a.First Name b.Last Name c.Organization d.Mailing Address e.City/Town f.State g.Zip Code 5. Project Location: 50 Royal Crest Drive North Andover a.Street Address b.City/Town Map 25 Lots 35, 66 c.Assessors Map/Plat Number d.Parcel/Lot Number Latitude and Longitude, if known: 42d40'm10"s -71d07'm06"s d.Latitude e.Longitude wpaform5.doc• rev.03/2/2010 Page 1 of 12 Provided by MassDEP: NACC#95 MassDEP File# Form 5 — Order of Conditions eDEP Transaction# North Andover City/Town A. General Information (cont.) s. 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) 10934 47 c.Book d.Page 4/13/12 61 { //-,4cE' a 7. Dates: a.Date Notice of Intent Filed b.Date Public Hearing Closed c.Date of I ssuance s. .Final Approved Plans and Other Documents (attach additional plan or document references as needed): Foundation Drainage Site Plan a. Plan Title Cornerstone Land Consultants, Inc. John A. Visniewski, P. E. b. Prepared By c.Signed and Stamped by 4/9/12 1"=20' d.Final evision pate .IS ale eock 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 ❑ Fisheries 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 Provided by MassDEP: NACC#95 - Form 5 — Order of Conditions MassDEP File# _. eDEP Transaction# North Andover Cityrrown B. Findings (cont.) Denied because: 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. 0 Buffer Zone Impacts: Shortest distance between limit of project 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 a.linear feet b.linear feet c.linear feet d.linear feet 5. ❑ Bordering Vegetated Wetland a.square feet b.square feet c.square feet d.square feet s. ❑ Land Under Waterbodies and a.square feet b.square feet c.square feet d.square feet Waterways e.c/y dredged f.c/y dredged 7. ❑ 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. El 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. ❑ Riverfront Area a.total sq.feet b.total sq.feet Sq ft within 100 ft c.square feet d.square feet e.square feet f.square feet Sq ft between 100- 200 ft g.square feet h.square feet i.square feet j.square feet wpaform5.doc• rev.03/2/2010 Page 3 of 12 f r _ Provided by MassDEP: NACC#95 " MassDEP File# Form 5 - Order of Conditions 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 1o. ❑ Designated Port Indicate size under Land Under the Ocean, below Areas 11. ❑ Land Under the Ocean a.square feet b.square feet c.c/y dredged d.c/y dredged 12. ❑ Barrier Beaches Indicate size under Coastal Beaches and/or Coastal Dunes below 13. ❑ Coastal Beaches cu yd cu yd a.square feet b.square feet c.nourishment d.nourishment 14. ❑ Coastal Dunescu yd cu yd a.square feet b.square feet c.nourishment d.nourishment 15. ❑ Coastal Banks a. linear feet b.linear feet 16. ❑ Rocky Intertidal Shores a.square feet b.square feet 17. ❑ Salt Marshes a.square feet b.square feet c.square feet d.square feet 18. ❑ Land Under Salt Ponds a.square feet b.square feet c.c/y dredged d.c/y dredged 19. ❑ Land Containing Shellfish a.square feet b.square feet c.square feet d.square feet 20. ❑ Fish Runs Indicate size under Coastal Banks, Inland Bank, Land Under the Ocean, and/or inland Land Under Waterbodies and Waterways, above a.c/y dredged b.c/y dredged 21. ❑ Land Subject to Coastal Storm a.square feet b.square feet Flowage wpaform5.doc• rev.03/2/2010 Page 4 of 12 Provided by MassDEP: NACC#95 MassDEP File# LIJ =; Form 5 - Order of Conditions eDEP Transaction# North Andover City[Town B. Findings (cont.) *#22.If the 22 ❑ Restoration/Enhancement*: project is for the purpose of restoring or a.square feet of BVW b.square feet of salt marsh enhancing a wetland resource area 23. ❑ Stream Crossing(s): in addition to the square footage that a.number of new stream crossings 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 g y y 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 t ' Provided by MassDEP: NACC#95 MassDEP File# Ll Form 5 — Order of Conditions eDEP Transaction# North Andover CityrFown 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#95 " 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 Provided by MassDEP: NACC#95 Form 5 - Order of Conditions MassDEPFile# - 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(i) is not(2)F„;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 � r - Provided by MassDEP: NACC#95 MassDEP File# LLI Form 5 — Order of Conditions eDEP Transaction# North Andover Cityrrown 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 O&M Plan, and the requirements of the Massachusetts Stormwater Handbook. wpaform5.doc• rev.03/2/2010 Page 8 of 12 y f Provided by MassDEP: NACC#95 MassDEP File# Form 5 - Order of Conditions ' 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 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. 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.03/2/2010 Page 9 of 12 - < Provided by MassDEP: NACC#95 MassDEP File# Form a — Order of Conditions 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 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 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 t t Provided by MassDEP: NACC#95 Form 5 — O_ rder of Conditions MassDEP File# eDEP Transaction# North Andover City/Town E. Signatures This Order is valid for three years, unless otherwise specified as a special 6 - condition pursuant to General Conditions#4,from the date of issuance. 1.Date of I uance 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 Region Office, if not filing electronically,Rnd the pr perty owner, if different from applicant. Signatures: A-0 . eJ ❑ by hand delivery on Ef by certified mail, return receipt requested, on Date Date F. Appeals The applicant, the owner, any person aggrieved by this Order, any owner of land abutting the land subject to this Order, or any ten residents of the city or town in which such land is located, are hereby notified of their right to request the appropriate MassDEP Regional Office to issue a Superseding Order of Conditions. 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 Provided by MassDEP: NACC#95 Form 5 — _Order of Conditions MassDEP File# LLI O eDEP Transaction# North Andover City/Town G. Recording Information 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: 50 Royal Crest Drive, Existing Buildings NACC#95 8,29,31 MassDEP File Number Has been recorded at the Registry of Deeds of: Essex North County Book Page for: AMICO North Andover, LLC Property Owner and has been noted in the chain of title of the affected property in: Book Page In accordance with the Order of Conditions issued on: Date If recorded land, the instrument number identifying this transaction is: Instrument Number If registered land, the document number identifying this transaction is: Document Number Signature of Applicant wpaform5.doc• rev.03/2/2010 Page 12 of 12 f ! NACC #95 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 local ByLaw and Regulations,to protect those interests noted above. The NACC orders that all work shall be performed in accordance with said conditions and with the Notice of Intent referenced below. To the extent that the following conditions modify or differ from the plans, specifications or other proposals submitted with the Notice of Intent, the conditions shall control. GENERAL CONDITIONS 20. The proposed work includes: upgrade of foundation drain with connection to existing drainage and construction of one new outlet on Buildings 8, 29 and 31 within the 100- foot Buffer Zone to Isolated Vegetated Wetland (IVW). Waterproofing and repairs will also be conducted on the foundation. Roof drain connections will be installed and capped with no downspout connections allowed as part of this filing. Drainage improvements include upgrades to existing field catch basins where necessary. New landscaping will also be installed. 21. The work shall conform to the following (except as noted in the remainder of this document where revisions may be required): Applicant/Property Owner: Dan Milinazzo AIMCO North Andover, LLC 50 Royal Crest Drive North Andover, Massachusetts 01845 Notice of Intent filed by: Kenneth Lania Cornerstone Land Consultants, Inc. 1794 Bridge Street- Unit 17B Dracut, MA 0182 Dated: April 13,2012 Site Plans prepared by: Cornerstone Land Consultants, Inc. Titled: Foundation Drainage Site Plan, Details and Notes for Bldg 8, Bldg 29 and Bldg 31, (3 sheets each) Date: March 15, 2012 Revised: 04/09/12 Stamped by:John A. Visniewski,P.E. Stormwater Report prepared by: Cornerstone Land Consultants, Inc. Stamped by:John A. Visniewski,P.E. Storm Water Pollution Prevention NACC#95,50 Royal Crest Estates,Buildings 8,29,31 1 NACC 6/8/2012 NACC#95 Plan (SWPPP) prepared by: Cornerstone Land Consultants, Inc. Date: February 10, 2012 Stormwater Review: Eggleston Environmental Lisa D. Eggleston, P.E. Response and Summary Email from Ken Lania Date: May 22, 2012 Other Record Documents: Email from Ken Lania Re: Royal Crest Special Conditions Date: June 5,2012 22. The term"Applicant" as used in this Order of Conditions shall refer to the owner, any successor in interest or successor in control of the property referenced in the Notice of Intent, supporting documents and this Order of Conditions. The NACC shall be notified in writing within 30 days of all transfers of title of any portion of property that takes place prior to the issuance of a Certificate of Compliance. 23. The conditions of this decision shall apply to, and be binding upon,the applicant, owner, its employees and all successors and assigns in interest or control. These obligations shall be expressed in covenants in all deeds to succeeding owners of portions of the property. 24. Failure to comply with all conditions stated herein, and with all related statutes and other regulatory measures, shall be deemed cause to revoke or modify this Order. 25. This Order does not grant any property rights or any exclusive privileges; it does not authorize any injury to private property or invasion of property rights. However, the NACC, agent of the NACC or the Department of Environmental Protection (DEP) reserves the right to enter and inspect the property at all reasonable times until a Certificate of Compliance is issued, to evaluate compliance with this Order of Conditions,the Act (310 CMR 10.00),the North Andover Wetland ByLaw and Regulations, and may require any information, measurements, photographs, observations, and/or materials, or may require the submittal of any data or information deemed necessary by the NACC for that evaluation. Further,work shall be halted on the site if the NACC, agent or DEP determines that any of the work is not in compliance with this Order of Conditions. Work shall not resume until the NACC is satisfied that the work will comply and has so notified the applicant in writing. 26. This Order does not relieve the permittee or any other person of the necessity of complying with all other applicable federal, state or local statutes, ordinances,by-laws or regulations. NACC#95,50 Royal Crest Estates,Buildings 8,29,31 2 NACC 6/8/2012 NACC #95 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) 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. This Order of Conditions is issued in addition to an OOC issued by the Town of North Andover under NACC #32 which received a Certificate of Compliance on March 14, 2012. 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 Isolate Vegetated Wetland (IVW). This resource area is significant to the interests of the Act and Town ByLaw as noted above and therein. The applicant has not attempted to overcome the presumption of significance of these resource areas to the identified interests. 33. The NACC agrees with the applicant' s delineation of the wetland resource areas on the site as shown on the plans dated referenced herein. As a condition of this filing an Abbreviated Notice of Resource Area Delineation(ANRAD) shall be filed with the NACC by September 1, 2012. The submitted ANRAD shall delineate all resource areas on the property as previously required in NACC #32. 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 except as shown as shown on the record plan referenced herein. The Conservation Administrator and/or other agents of the NACC do not have the authority to waive these setbacks as established under the local bylaw. No disturbance of existing grade, soils or vegetation is permitted in the No-Disturbance zone. (See Section 3.4 &Appendix F of the local Regulations). 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, NACC#95,50 Royal Crest Estates,Buildings 8,29,31 3 NACC 6/8/2012 f ` NACC #95 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 (and other work areas) not less than two square feet or more than three square feet in size bearing the words "NACC #95." 40. Any changes in the submitted plans caused by the applicant,another Board' s decision or resulting from this Order of Conditions must be submitted to the NACC for approval prior to implementation. If the NACC finds said changes to be significant, the NACC will call for another public hearing (at the expense of the applicant). Within 21 days of the close of said public hearing the NACC will issue an amended or new Order of Conditions. Any errors found in the plans or information submitted by the applicant shall be considered as changes. No work shall begin on a project until written approval has been granted by the NACC. NACC#95,50 Royal Crest Estates,Buildings 8,29,31 4 NACC 6/8/2012 NACC #95 41. It is the responsibility of the applicant, owner, and/or successor(s) to ensure that all conditions of this Order of Conditions are complied with. The project engineer and contractors are to be provided with a copy of this Order of Conditions and referenced documents before commencement of construction. 42. The applicant shall submit a Planting Plan for landscaping proposed in the buffer zone to wetland resource areas. All plantings proposed in wetland resource areas or the buffer zone shall be native species. The plan will be approved by the Conservation Department prior to commencement of landscaping activities. 43. Prior to any work commencing on-site, the applicant shall submit to the NACC for approval, a detailed and dated sequence of construction, including the installation of sedimentation/erosion control devices, installation of foundation drains,landscaping and final stabilization. 44. Wetland flagging shall be checked prior to start of construction and shall be re- established where missing. All wetland flagging shall remain visible and enumerated per the approved plan(s) throughout the life of the project and until a Certificate of Compliance is issued so that erosion control measures can be properly placed and wetland impacts can be monitored. The proposed limit of work shall be 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 trenched siltation fence or other erosion control to be approved by the Conservation Department shall be placed between all construction areas and wetlands. The erosion control barrier will be properly installed and placed as close to the proposed work as possible and no closer than 25' from delineated resource areas. The erosion control shall be inspected and approved by the NACC or its agent prior to the start of construction and shall remain intact until all disturbed areas have been permanently stabilized to prevent erosion. All erosion prevention and sedimentation protection measures found necessary during construction shall be implemented at the direction of the NACC or its agent. The NACC reserves the right to impose additional conditions on portions of this project to mitigate any impacts which could result from site erosion, or any noticeable degradation of surface water quality discharging from the site. For example, installation of erosion control measures may be required in areas not shown on the plan(s) referenced in this Order of Conditions. Should such installation be required by the NACC, they shall be installed within 48 hours of the Commission' s request. 46. The applicant shall have on hand at the start of any soil disturbance,removal or stockpiling fifteen (15) hay bales and sufficient stakes for staking these bales (or an equivalent amount of silt fence,1 hay bale to equal 3 feet of fence). Said bales shall be NACC#95,50 Royal Crest Estates,Buildings 8,29,31 5 NACC 6/8/2012 r NACC #95 used only for the control of emergency erosion problems and shall not be used for the normal control of erosion. 47. A check payable to the Town of North Andover shall be provided in the amount of $65,000 (total bond for DEP File #242-1550 and NACC#94 & #95)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" to oversee any emergency placement of controls and regular inspection or replacement of sedimentation control devices. The name and phone number of the erosion control monitor must be provided to the NACC in the event that this person has to be contacted, due to an emergency at the site, during any 24-hour period, including weekends. Proof of the retained monitor must be submitted to the Conservation Department on letterhead by the retained consulting firm. This person shall be given the authority to stop construction for erosion control purposes. The Environmental Professional will immediately notify the Conservation agent of any matter that requires attention by the Commission or the agent. The erosion control monitor will be required to inspect all such devices and oversee cleaning and the proper disposal of waste products. Cleaning shall include removal of any entrapped silt. 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 with photos from the "Erosion Control Monitor" to the NACC certifying that, to the best of his/her knowledge and belief based on a careful site inspection,all work is being performed in compliance with this Order of Conditions and that approved setbacks are being adhered to. The erosion control monitor must visually inspect all sedimentation/erosion control measures and assume responsibility for their maintenance on a weekly basis and that they are functioning as intended. In addition, all wetland resource areas must be visually inspected for siltation,turbidity, and/or other water quality impacts. The Erosion Control Monitor shall be on site during and/or following a major storm event of 1/2" inch of rain or greater (24 hour event) to ensure that soils remain stable, and erosion controls are adequate and secure 50. Prior to construction, the applicant shall permanently mark the edge of the "25' No- Disturbance Zone" to Bordering Vegetated Wetland (or at the existing limit of NACC#95,50 Royal Crest Estates,.Buildings 8,29,31 6 NACC 6/8/2012 NACC #95 clearing) with signs or markers (placed on pressure treated posts if necessary) spaced evenly every 30 feet incorporating the following text: "Protected Wetland Resource Area" and the associated rules (1 square for every 3 round markers). 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 may be obtained 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, subject to said Orders of Conditions, the "Compliance Certification Form Affidavit" attached via"Appendix A" signed under the pains and penalties of perjury, stating that said applicant and/or owner has read these Orders of Conditions and is in compliance with each and every condition. This document shall apply to each of the conditions referenced herein and shall be provided to the Conservation Department at least five (5)business days prior to the closing of said land transaction. 52. Oncethese above mentioned pre-construction requirements are complete, the applicant shall contact the Conservation Office prior to site preparation or construction and shall arrange an on-site conference with an NACC representative, the contractor, the engineer,wetland scientist and the applicant to ensure that all of the Conditions of this Order are understood. This Order shall be included in all construction contracts, subcontracts, and specifications dealing with the work proposed and shall supersede any conflicting contract requirements. The applicant shall assure that all contractors, subcontractors and other personnel performing the permitted work are fully aware of the permit' s terms and conditions. Thereafter, the contractor will be held jointly liable for any violation of this Order of Conditions resulting from failure to comply with its conditions. The applicant or contractor shall notify the NACC in writing of the identity of the on-site construction supervisor hired to coordinate construction and to ensure compliance with this Order. A reasonable period of time shall be provided as notice of the pre-construction meeting(e.g. 72 hours). STORMWATER MANAGEMENT CONDITIONS 53. All construction and post-construction stormwater management shall be conducted in accordance with supporting documents submitted with the Notice of Intent,the Department of Environmental Protection Stormwater Management Policy and as approved by the NACC in this Order of Conditions. NACC#95,50 Royal Crest Estates,Buildings 8,29,31 7 NACC 6/8/2012 NACC #95 54. There shall be no increase in the post development discharges from the storm drainage system or any other changes in post development conditions that alter the post development watershed boundaries as currently depicted in the Notice of Intent and approved by this Order of Conditions,unless specifically approved in writing by the Commission. 55. Prior to March 15, 2013,the applicant shall complete a drainage capacity and analysis study as outlined in the email of June 5, 2012, referenced herein. A copy of the drainage analysis shall be provided to the Conservation Department. 56. Water quality in down gradient BVW s shall not differ significantly following completion of the project from the pre-development conditions. There shall be no sedimentation into wetlands or water bodies from discharge pipes or surface runoff leaving the site. 57. Prior to September 1, 2012, the applicant shall be responsible for completing an Operation&Maintenance (O&M) Plan for all existing drainage structures and newly proposed/installed BMPs as detailed in the email of June 5, 2012 referenced herein and the associated stormwater management conditions mandated herein. The O&M Plan shall be submitted to the NACC for review and approval. 58. All stormwater best management practices shall be continually maintained as specified in the Operation and Maintenance Plan (see Condition#57) and incorporated in the Order of Conditions. 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. Maintenance of the stormwater management system shall be conducted on an annual basis by a Registered Professional Civil Engineer. Maintenance bills submitted by cleaning contractors (catch basins, stormcepters, etc.) shall be maintained with annual engineering reports. A log/proof of annual maintenance activities as required by the Operation& Maintenance Plan shall be maintained for not less than the prior 5 year period. The NACC reserves the right to request documentation of maintenance activities for purposes of verification of this Order. 59. Prior to June 15, 2013, the applicant shall submit a Stormwater Management Plan as outlined in the email of June 5,2012 referenced herein. The plan shall include a priority list of stormwater upgrades and dates of completion to address system inadequacies and provide solutions to address both capacity and water quality issues. Once submitted, the plan shall be reviewed and approved by the NACC at a public meeting. The approved Stormwater Management Plan will be adhered to but may be modified with the approval of the NACC. This condition shall survive the issuance of a Certificate of Compliance (COC). 60. The applicants, owners, and their successors and assignees,shall maintain all culverts, collections basins,traps, outlet structures, subsurface storage areas, and other NACC#95,50 Royal Crest Estates,Buildings 8,29,31 8 NACC 6/8/2012 NACC #95 elements of the drainage system, in order to avoid blockages and siltation which might cause failure of the system and/or detrimental impacts to on-site or off-site resource areas, and shall maintain the integrity of vegetative cover on the site. "DURING CONSTRUCTION 61. Upon beginning work,the applicant shall submit written weekly progress reports detailing what work has been done in or near resource areas, and what work is anticipated to be done over the next period. This will update the construction sequence. Reports shall be submitted in as part of the weekly environmental monitoring report (see Condition#49). 62. Field catch basin drains shall be affixed with dome grates as detailed in the May 22, 2012 email referenced herein. 63. Dewatering activities are not proposed as part of the filing. No discharge of water is allowed directly into an area subject to jurisdiction of the Wetlands Protection Act and/or the North Andover Wetland Bylaw. If emergency de-watering requirements arise,the applicant shall submit a contingency plan to the Commission for approval, which provides for the pumped water to be contained in a settling basin, to reduce turbidity prior to discharge into a resource area. 64. Associated pavement and roadways shall be swept at least weekly or as directed by the Erosion Control monitor, the Site Supervisor, Project Manager, or Conservation staff for as long as the site remains exposed and un-stabilized. 65. Any fill used in connection with this project shall be clean fill, containing no trash, refuse, rubbish or debris, including but not limited to lumber, bricks, plaster,wire, lath, paper,cardboard, pipe, tires, ashes, refrigerators,motor vehicles or parts on any of the foregoing. 66. All exposed soil finish grade surfaces shall be immediately landscaped and stabilized, or loamed, seeded and mulched,with a layer of mulch hay. All disturbed areas must be graded,loamed and seeded prior to November 1St of each year. Outside of the growing season, exposed soil finish grade surfaces shall be stabilized with a layer of mulch hay until climate conditions allow for seeding. During construction, any area of exposed soils that will be left idle for more than 30 days shall be stabilized with a layer of mulch hay or other means approved by the NACC. 67. No re-grading in the buffer zone shall have a slope steeper than 2:1 (horizontal: vertical). Slopes of steeper grade shall be rip-rapped to provide permanent stabilization. NACC#95,50 Royal Crest Estates,Buildings 8,29,31 9 NACC 6/8/2012 NACC #95 68. There shall be no stockpiling of soil or other materials within fifty (50)feet of any resource area. 69. Washings from concrete trucks, or surplus concrete, shall not be directed to,any drainage system, or wetland resource area. If truck washing is to be done on site an area shall be designated and approved by the Conservation Department. 70. All waste generated by, or associated with, the construction activity shall be contained within the limit of work, and away from any wetland resource area. There shall be no burying of spent construction materials or disposal of waste on the site by any other means. The applicant shall maintain dumpsters (or other suitable means) at the site for the storage and removal of such spent construction materials off-site. However,no trash dumpsters will be allowed within 50' of areas subject to protection under the Act or local ByLaw. 71. Accepted engineering and construction standards and procedures shall be followed in the completion of the project. 72. During and after work on this project, there shall be no discharge or spillage of fuel, or other pollutants into any wetland resource area. If there is a spill or discharge of any pollutant during any phase of construction the NACC shall be notified by the applicant within one (1) business day. No construction vehicles are to be stored within 100 feet of wetland resource areas, and no vehicle refueling, equipment lubrication, or maintenance is to be done within 100 feet of a resource area. AFTER CONSTRUCTION 73. No underground storage of fuel oils shall be allowed on any lot within one-hundred (100) feet of any wetland resource area. This condition shall survive this Order of Conditions and shall run with the title of the property. This condition is issued under the authority of the Towns Wetland protection ByLaw. 74. 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. 75. There shall be no dumping of leaves, grass clippings,brush, or other debris into a wetland resource area or within 25 feet of a wetland resource area. This condition shall remain in perpetuity NACC#95,50 Royal Crest Estates,Buildings 8,29,31 10 NACC 6/8/2012 r NACC#95 76. 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. 77. 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. 78. Upon completion of the project the applicant shall submit the following to the Conservation Commission as part of a request for a Certificate of Compliance: a. WPA Form 8A- "Request for a Certificate of Compliance." b. A letter from the applicant requesting a Certificate of Compliance. c. The name and address of the current landowner. d. Signed statements from the individual property owners shall be submitted with the request for a Certificate of Compliance indicating that they read and understood the recorded Order of Conditions prior to purchasing their property. e. The name and address of the individual/trust or corporation to whom the compliance is to be granted. f. The street address and assessor' s map/parcel number for the project. g. The DEP file number. h. A written statement from a Registered Professional Civil Engineer (and/or Registered Professional Land Surveyor) of the Commonwealth certifying that the work has been conducted as shown on the plan(s) and documents referenced above, and as conditioned by the Commission. i. An"As-Built" plan prepared and signed and stamped by a Registered Professional Civil Engineer (P.E.) (and/or Registered Professional Land Surveyor) of the Commonwealth,for the public record. This plan will include: ➢ "As-Built" post-development elevations of all drainage &stormwater management structures constructed within 100 feet of any wetland resource area. NOTE: If portions of the stormwater systems exist partially within the Buffer Zone than the entire structure must be depicted to accurately verify compliance. ➢ "As-Built" post-development elevations and grades of all filled or altered wetland resource areas including the encompassing buffer zone which is regulated as a resource area under the local Wetland Protection Bylaw. ➢ Distances from structures to wetland resource areas. Structures include (but are not limited to) septic systems, additions,fences, sheds, stone walls, pools, retaining walls, subsurface utilities and decks. ➢ A line showing the limit of work and the extent of existing erosion control devices. "Work" includes gDy disturbance of soils or vegetation. NACC#95,50 Royal Crest Estates,Buildings 8,29,31 11 NACC 6/8/2012 NACC #95 ➢ Location of all subsurface utilities entering the property. ➢ Certification(by a P.E.) confirming the as-built roof drainage areas are in accordance with the approved plans. 79. 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 NACC #95. Future work within 100' of existing wetland resource areas will require a separate filing with the NACC (refer to Section 3.4'of the Regulations for performance standards within these zones) The Conservation Administrator and/or other agents of the NACC do not have the authority to waive these setbacks as established under the local Bylaw; ➢ Resource Area Markers (Condition#50); ➢ Stormwater Management System Operations and Maintenance (Condition #58) ➢ Stormwater Management Plan (Condition#59); ➢ Discharge or spillage of pollutants (Condition#72); ➢ Prohibition of underground fuels (Condition#73); ➢ Limitations on the use of fertilizers,herbicides, and pesticides (Conditions #74) ➢ Prohibition of dumping of leaves, grass clippings, brush, or other debris (Condition#75). NACC#95,50 Royal Crest Estates,Buildings 8,29,31 12 NACC 6/8/2012 NACC#95 APPENDIX A-AFFIDAVIT 1, 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) NACC#95,50 Royal Crest Estates,Buildings 8,29,31 13 NACC 6/8/2012 Massachusetts Department of Environmental Protection Provided by MassDEP: Bureau of Resource Protection-Wetlands MassDEP File 4:242-1550 LI\ WPA Form 5 -Order of Conditions eDEP Transaction#:477054 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. 1✓ OOC b.Ft Amended OOC 3.Applicant Details a.First Name DAN b.Last Name MILINAZZO c.Organization AIMCO NORTH ANDOVER LLC d.Mailing Address 50 ROYAL CREST DRIVE e.City/Town NORTH ANDOVER f.State MA g.Zip Code 01845 4.Property Owner a.First Name DAN b.Last Name MILINAZZO c.Organization A1MCO NORTH ANDOVER LLC d.Mailing Address 50 ROYAL CREST DRIVE e.City/Town NORTH ANDOVER f.State MA g.Zip Code 01845 5.Project Location a.Street Address 50 ROYAL CREST DRIVE b.City/Town NORTH ANDOVER c.Zip Code 01845 d.Assessors Map/Plat#25 e.Parcel/Lot# 35/66 f.Latitude 42.67152N g.Longitude 71.11731 W 6.Property recorded at the Registry of Deed for: a.County b.Certificate c.Book d.Page NORTHERN ESSEX 10934 47 7.Dates a.Date NOI Filed:4/18/2012 b.Date Public Hearing Closed:6/6/2012 c.Date Of Issuance: 6/7/2012 8.Final Approved Plans and Other Documents a.Plan Title: b.Pian Prepared by: c.Plan Signed/Stamped by: d.Revised Final Date: e.Scale: FOUNDATION CORNERSTONE DRAINAGE SITE LAND JOHN A.VISNIEWSKI,P.E. 04/09/12 1"=20' PLAN,DETAILS& CONSULTANTS,INC. NOTES B. Findings Page 1 of 10* ELECTRONIC COPY Massachusetts Department of Environmental Protection Provided by MassDEP: -- Bureau of Resource Protection-Wetlands MassDEP File#:242-1550 WPA Form 5-Order of Conditions eDEP Transaction#:477054 Massachusetts Wetlands Protection Act M.G.L.c. 131,§40 City/Town:NORTH ANDOVER l.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. F Public Water Supply b. r Land Containing Shellfish c.E Prevention of Pollution d. F. Private Water Supply e. r Fisheries f. ri Protection of Wildlife Habitat g. r Ground Water Supply h. r Storm Damage Prevention i. r; Flood Control 2.Commission hereby finds the project,as proposed,is: Approved subject to: a.fT 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 10 area specified in 310CMR10.02(1)(a). a.linear feet I Inland Resource Area Impacts:(For Approvals Only): Proposed Permitted Proposed Permitted Resource Area Alteration Alteration Replacement Replacement 4. r Bank a.linear feet b.linear feet c.linear feet d.linear feet 5.r Bordering Vegetated Wetland a.square feet b.square feet c.square feet d.square feet 6. r Land under Waterbodies and Waterways a.square feet b.square feet c.square feet d.square feet e.c/y dredged f.c/y dredged Page 2 of 10*ELECTRONIC COPY a � Massachusetts Department of Environmental Protection Provided by MassDEP: - - Bureau of Resource Protection-Wetlands MassDEP File#:242-1550 WPA Form 5-Order of Conditions eDEP Transaction#:477054 tMassachusetts Wetlands Protection Act M.G.L.c. 131,§40 Cityllown:NORTH ANDOVER 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.f i Isolated Land Subject to Flooding a.square feet b.square feet Cubic Feet Flood Storage c.cubic feet d.cubic feet e.cubic feet f.cubic feet 9.F Riverfront Area a.total sq.feet b.total sq.feet Sq ft within 100 ft c.square feet d.square feet e.square feet f.square feet Sq ft between 100-200 ft g.square feet h.square feet i.square feet i.square feet Coastal Resource Area Impacts: Resource Area Proposed Permitted Proposed Permitted Alteration Alteration Replacement Replacement 10.r-Designated Port Areas Indicate size under Land Under the Ocean,below 11.r Land Under the Ocean a.square feet b.square feet c.c/y dredged d.c/y dredged 12.r Barrier Beaches Indicate size under Coastal Beaches and/or Coastal Dunes below 13.r Coastal Beaches a square feet b.square feet c.c/y nourishment d.c/y nourishment 14.r Coastal Dunes a square feet b.square feet c.cly nourishment d.c/y nourishment 15.r Coastal Banks alinear feet b.linear feet 16.rRocky 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 LandSa nder Salt t Ponds a square feet b.square feet c.c/y dredged d.c/y dredged 19.r Land Containing Shellfish Page 3 of 10* ELECTRONIC COPY I t ; Massachusetts Department of Environmental Protection Provided byMassDEP: Ll Bureau of Resource Protection-Wetlands MassDEPFile#:242-1550 WPA Form 5 -Order of Conditions eDEP Transaction#:477054 Massachusetts Wetlands Protection Act M.G.L.c. 131,§40 CitylI own:NORTH ANDOVER a.square feet b.square feet c.square feet d.square feet Indicate size under Coastal Banks,inland Bank,Land Under the 20.f Fish Runs Ocean,and/or inland Land Under Waterbodies and Waterways, above c.c/y dredged d.c/y dredged 21.r1 Land Subject to Coastal Storm Flowage a.square feet b.square feet 22. r Restoration/Enhancement(For Approvals Only) If the project is for the purpose of restoring or enhancing a wetland resource area in addition to the square footage that has been entered in Section B.5.c&d or B.17.c&d above,please entered the additional amount here. a.square feet of BVW b.square feet of Salt Marsh 23. F--Streams Crossing(s) If the project involves Stream Crossings,please enter the number of new stream crossings/number of replacement stream crossings. a.number of new stream crossings b.number of replacement stream crossings C. General Conditions Under Massachusetts Wetlands Protection Act The following conditions are only applicable to Approved projects 1. Failure to comply with all conditions stated herein,and with all related statutes and other regulatory measures,shall be deemed cause to revoke or modify this Order. 2. The Order does not grant any property rights or any exclusive privileges;it does not authorize any injury to private property or invasion of private rights. 3. This Order does not relieve the permittee or any other person of the necessity of complying with all other applicable federal, state,or local statutes,ordinances,bylaws,or regulations. 4. The work authorized hereunder shall be completed within three years from the date of this Order unless either of the following apply: a.the work is a maintenance dredging project as provided for in the Act;or b.the time for completion has been extended to a specified date more than three years,but less than five years,from the date of issuance.If this Order is intended to be valid for more than three years,the extension date and the special circumstances warranting the extended time period are set forth as a special condition in this Order. 5. This Order may be extended by the issuing authority for one or more periods of up to three years each upon application to the issuing authority at least 30 days prior to the expiration date of the Order. 6. If this Order constitutes an Amended Order of Conditions,this Amended Order of Conditions does not exceed the issuance date of the original Final Order of Conditions. 7. Any fill used in connection with this project shall be clean fill.Any fill shall contain no trash,refuse,rubbish,or debris,including but not limited to lumber,bricks,plaster,wire,lath,paper,cardboard,pipe,tires,ashes,refrigerators,motor vehicles,or parts of any of the foregoing. 8. This Order is not final until all administrative appeal periods from this Order have elapsed,or if such an appeal has been taken, until all proceedings before the Department have been completed. Page 4 of 10*ELECTRONIC COPY Massachusetts Department of Environmental Protection Provided by MaSSDEP: �.--- Bureau of Resource Protection-Wetlands MassDEP File#:242-1550 WPA Form 5-Order of Conditions eDEP Transaction#:477054 4i Massachusetts Wetlands Protection Act M.G.L.c. 131,§40 City/Town-.NORTH ANDOVER 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:"242-1550" 11. Where the Department of Environmental Protection is requested to issue a Superseding Order,the Conservation Commission shall be a party to all agency proceedings and hearings before Mass DEP. 12. Upon completion of the work described herein,the applicant shall submit a Request for Certificate of Compliance(WPA Form 8A)to the Conservation Commission. 13. The work shall conform to the plans and special conditions referenced in this order. 14. Any change to the plans identified in Condition#13 above shall require the applicant to inquire of the Conservation Commission in writing whether the change is significant enough to require the filing of a new Notice of Intent. 15. The Agent or members of the Conservation Commission and the Department of Environmental Protection shall have the right to enter and inspect the area subject to this Order at reasonable hours to evaluate compliance with the conditions stated in this Order,and may require the submittal of any data deemed necessary by the Conservation Commission or Department for that evaluation. 16. This Order of Conditions shall apply to any successor in interest or successor in control of the property subject to this Order and to any contractor or other person performing work conditioned by this Order. 17. Prior to the start of work,and if the project involves work adjacent to a Bordering Vegetated Wetland,the boundary of the wetland in the vicinity of the proposed work area shall be marked by wooden stakes or flagging.Once in place,the wetland boundary markers shall be maintained until a Certificate of Compliance has been issued by the Conservation Commission. 18. All sedimentation barriers shall be maintained in good repair until all disturbed areas have been fully stabilized with vegetation or other means.At no time shall sediments be deposited in a wetland or water body.During construction,the applicant or his/her designee shall inspect the erosion controls on a daily basis and shall remove accumulated sediments as needed.The applicant shall immediately control any erosion problems that occur at the site and shall also immediately notify the Conservation Commission,which reserves the right to require additional erosion and/or damage prevention controls it may deem necessary. Sedimentation barriers shall serve as the limit of work unless another limit of work line has been approved by this Order. NOTICE OF STORMWATER CONTROL AND MAINTENANCE REQUIREMENTS 19. The work associated with this Order(the"Project")is(1) r is not(2)r subject to the Massachusetts Stormwater Standards. If the work is subject to Stormwater Standards,then the project is subject to the following conditions; a) All work,including site preparation,land disturbance,construction and redevelopment,shall be implemented in accordance with the construction period pollution prevention and erosion and sedimentation control plan and,if applicable,the Stormwater Pollution Prevention Plan required by the National Pollutant Discharge Elimination System Construction General Perniit as required by Stormwater Standard 8.Construction period erosion,sedimentation and pollution control measures and best management practices(BMPs)shall remain in place until the site is fully stabilized. b) No stormwater runoff may be discharged to the post-construction stormwater BMPs unless and until a Registered Professional Engineer provides a Certification that:i. all construction period BMPs have been removed or will be removed by a date certain specified in the Certification.For any construction period BMPs intended to be converted to post construction operation for stormwater attenuation,recharge,and/or treatment,the conversion is allowed by the MassDEP Stormwater Handbook BMP specifications and that the BMP has been properly cleaned or prepared for post construction operation, including removal of all construction period sediment trapped in inlet and outlet control structures;ii..as-built final construction Page 5 of 10*ELECTRONIC COPY t � Massachusetts Department of Environmental Protection Provided by MassDEP: Bureau of Resource Protection-Wetlands MassDEP File#:242-1550 WPA Form 5-Order of Conditions eDEP Transaction#:477054 t Massachusetts Wetlands Protection Act M.G.L.c. 131,§40 CityfIown:NORTHANDOVER 4 BMP plans are included,signed and stamped by a Registered Professional Engineer,certifying the site is fully stabilized;iii. any illicit discharges to the stormwater management system have been removed,as per the requirements of Stormwater Standard 10;iv.all post-construction stormwater BMPs are installed in accordance with the plans(including all planting plans)approved by the issuing authority,and have been inspected to ensure that they are not damaged and that they are in proper working condition;v.any vegetation associated with post-construction BMPs is suitably established to withstand erosion. c) The landowner is responsible for BMP maintenance until the issuing authority is notified that another party has legally assumed responsibility for BMP maintenance.Prior to requesting a Certificate of Compliance,or Partial Certificate of Compliance,the responsible party(defined in General Condition 19(e))shall execute and submit to the issuing authority an Operation and Maintenance Compliance Statement("O&M Statement")for the Stormwater BMPs identifying the party responsible for implementing the stormwater BMP Operation and Maintenance Plan("O&M Plan")and certifying the following:i.)the O&M Plan is complete and will be implemented upon receipt of the Certificate of Compliance,and ii.)the future responsible 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 Pen-nit. 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(I)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 13MPs.A plan and easement deed that grants the responsible party access to perform the required operation and maintenance must be submitted along with the legally binding agreement. f) The responsible party shall operate and maintain all stormwater BMPs in accordance with the design plans,the O&M Plan, and the requirements of the Massachusetts Stormwater Handbook. g) The responsible party shall: 1.Maintain an operation and maintenance log for the last three(3)consecutive calendar years of inspections,repairs, maintenance and/or replacement of the stormwater management system or any part thereof,and disposal(for disposal the log shall indicate the type of material and the disposal location); 2.Make the maintenance log available to MassDEP and the Conservation Commission("Commission")upon request;and 3.Allow members and agents of the MassDEP and the Commission to enter and inspect the site to evaluate and ensure that the responsible party is in compliance with the requirements for each BMP established in the O&M Plan approved by the issuing authority. h) All sediment or other contaminants removed from stormwater BMPs shall be disposed of in accordance with all applicable federal,state,and local laws and regulations. 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. Page 6 of 10*ELECTRONIC COPY Massachusetts Department of Environmental Protection Provided byMassDEP: - - Bureau of Resource Protection-Wetlands MassDEP File 4:242-1550 WPA Form 5-Order of Conditions eDEP Transaction#:477054 Massachusetts Wetlands Protection Act M.G.L.c. 131,§40 City/Town:NORTH ANDOVER -Special Conditions: SEE ATTACHED. Page 7 of 10* ELECTRONIC COPY r s Massachusetts Department of Environmental Protection Provided byMassDEP: Bureau of Resource Protection-Wetlands MassDEP File#:242-1550 WPA Form 5 -Order of Conditions eDEP Transaction#:477054 Massachusetts Wetlands Protection Act M.G.L.c. 131,§40 City/Town:NORTH ANDOVER Ll D. Findings Under Municipal Wetlands Bylaw or Ordinance I• Is a municipal wetlands bylaw or ordinance applicable?F Yes r No 2. The Conservation Commission hereby check one that applies a. r DENIES the proposed work which cannot be conditioned to meet the standards set forth in a municipal ordinance or bylaw specifically: 1.Municipal Ordinance or Bylaw 2.Citation Therefore,work on this project may not go forward unless and until a revised Notice of Intent is submitted which provides measures which are adequate to meet these standards,and a final Order or Conditions is issued.Which are necessary to comply with a municipal ordinance or bylaw: b. r APPROVES the proposed work,subject to the following additional conditions. NORTH ANDOVER 1.Municipal Ordinance or Bylaw WETLANDS 2.Citation CHAPTER 178 p y PROTECTION BYLAW 3. The Commission orders that all work shall be performed in accordance with the following conditions and with the Notice of Intent referenced above.To the extent that the following conditions modify or differ from the plans,specifications,or other proposals submitted with the Notice of Intent,the conditions shall control. The special conditions relating to municipal ordinance or bylaw are as follows: SEE ATTACHED. 'Page 8 of 10* ELECTRONIC COPY Y � Massachusetts Department of Environmental Protection Provided by MassDEP: Bureau of Resource Protection-Wetlands MassDEP File#:242-1550 WPA Form 5-Order of Conditions eDEP Transaction#:477054 Massachusetts Wetlands Protection Act M.G.L.c. 131,§40 City/Town:NORTH ANDOVER E. Signatures This Order is valid for three years from the date of issuance,unless otherwise specified pursuant to General Condition#4.If this is an Amended Order of Conditions,the Amended 1.Date of Original Order Order expires on the same date as the original Order of Conditions. 15 Please indicate the number of members who will sign this form.This Order must be signed by t 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: a� �.IT L u F by hand delivery on rv-0'6y certified mail,return receipt requested,on Ll� Date Date F. Appeals The applicant,the owner,any person aggrieved by this Order,any owner of land abutting the land subject to this Order,or any ten residents of the city or town in which such land is located,are hereby notified of their right to request the appropriate MassDEP Regional Office to issue a Superseding Order of Conditions.The request must be made by certified mail or hand delivery to the Department,with the appropriate filing fee and a completed Request for Departmental Action Fee Transmittal Form,as provided in 310 CMR 10.03(7)within ten business days from the date of issuance of this Order.A copy of the request shall at the same time be sent by certified mail or hand delivery to the Conservation Commission and to the applicant,if he/she is not the appellant. Any appellants seeking to appeal the Departments Superseding Order associated with this appeal will be required to demonstrate prior participation in the review of this project.Previous participation in the permit proceeding means the submission of written information to the Conservation Commission prior to the close of the public hearing,requesting a Superseding Order,or providing written information to the Department prior to issuance of a Superseding Order. The request shall state clearly and concisely the objections to the Order which is being appealed and how the Order does not contribute to the protection of the interests identified in the Massachusetts Wetlands Protection Act(M.G.L.c. 131,§40),and is inconsistent with the wetlands regulations(3 10 CMR 10.00).To the extent that the Order is based on a municipal ordinance or bylaw, and not on the Massachusetts Wetlands Protection Act or regulations,the Department has no appellate jurisdiction. Page 8 of 9*ELECTRONIC COPY Y � Massachusetts Department of Environmental Protection Provided by MassDEP: L1111\- Bureau of Resource Protection-Wetlands MassDEP File#:242-1550 WPA Form 5 -Order of Conditions eDEP Transaction#:477054 Massachusetts Wetlands Protection Act M.G.L.c. 131,§40City/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: 50 ROYAL CREST DRIVE 242-1550 Project Location MassDEP File Number Has been recorded at the Registry of Deeds of: County Book Page for. Property Owner DAN MILINAZZO 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 1 � DEP FILE #242 - 1550 Therefore,the North Andover Conservation Commission(hereafter the"NACC") hereby finds that the following conditions are necessary,in accordance with the Performance Standards set forth in the State Regulations,the local ByLaw and Regulations, to protect those interests noted above. The NACC orders that all work shall be performed in accordance with said conditions and with the Notice of Intent referenced below. To the extent that the following conditions modify or differ from the plans,specifications or other proposals submitted with the Notice of Intent, the conditions shall control. GENERAL CONDITIONS 20. The proposed work includes: upgrade of foundation drain with new outlet structure on Building 38 in the 100-foot Buffer Zone to Bordering Vegetated Wetland. Waterproofing and repairs will also be conducted on the foundation. Roof drain connections will be installed and capped with no downspout connections allowed as part of this filing. Drainage improvements include upgrades to existing field catch basins where necessary. New landscaping will also be installed. 21. The work shall conform to the following (except as noted in the remainder of this document where revisions may be required): Applicant/Property Owner: Dan Milinazzo AIMCO North Andover, LLC 50 Royal Crest Drive North Andover, Massachusetts 01845 Notice of Intent filed by: Kenneth Lania Cornerstone Land Consultants, Inc. 1794 Bridge Street- Unit 17B Dracut, MA 0182 Dated: April 13, 2012 Site Plans prepared by: Cornerstone Land Consultants, Inc. Titled: Foundation Drainage Site Plan, Details and Notes Bldg 38 - Royal Crest Estates Date: March 15, 2012 Revised: 04/09/12 Sheets 1 -3 (Site Plan, Details, Notes) Stamped by: John A. Visniewski, P.E. Stormwater Report prepared by: Cornerstone Land Consultants, Inc. Stamped by:John A. Visniewski, P.E. Storm Water-Pollution Prevention Plan (SWPPP) prepared by: Cornerstone Land Consultants, Inc. I 242-1550,50 Royal Crest Estates,Building 38 1 NACC 6/8/2012 DEP FILE#242 - 1550 Date: February 10, 2012 Stormwater Review: Eggleston Environmental Lisa D. Eggleston,P.E. Response and Summary Email from Ken Lania Date: May 22, 2012 Other Record Documents: Email from Ken Lania Re: Royal Crest Special Conditions Date: June 5,2012 22. The term"Applicant" as used in this Order of Conditions shall refer to the owner, any successor in interest or successor in control of the property referenced in the Notice of Intent,supporting documents and this Order of Conditions. The NACC shall be notified in writing within 30 days of all transfers of title of any portion of property that takes place prior to the issuance of a Certificate of Compliance. 23. The conditions of this decision shall apply to, and be binding upon, the applicant, owner, its employees and all successors and assigns in interest or control. These obligations shall be expressed in covenants in all deeds to succeeding owners of portions of the property. 24. Failure to comply with all conditions stated herein, and with all related statutes and other regulatory measures, shall be deemed cause to revoke or modify this Order. 25. This Order does not grant any property rights or any exclusive privileges; it does not authorize any injury to private property or invasion of property rights. However,the NACC, agent of the NACC or the Department of Environmental Protection(DEP) reserves the right to enter and inspect the property at all reasonable times until a Certificate of Compliance is issued, to evaluate compliance with this Order of Conditions,the Act (310 CMR 10.00), the North Andover Wetland ByLaw and Regulations, and may require any information, measurements, photographs, observations, and/or materials, or may require the submittal of any data or information deemed necessary by the NACC for that evaluation. Further,work shall be halted on the site if the NACC, agent or DEP determines that any of the work is not in compliance with this Order of Conditions. Work shall not resume until the NACC is satisfied that the work will comply and has so notified the applicant in writing. 26. This Order does not relieve the permittee or any other person of the necessity of complying with all other applicable federal, state or local statutes, ordinances,by-laws or regulations. 27. The work authorized hereunder shall be completed within three years from the date of this order. 242-1550,50 Royal Crest Estates,Building 38 2 NACC 6/8/2012 DEP FILE#242 - 1550 28. This Order may be extended by the issuing authority for one but not more than two periods of up to one year each upon application to the issuing authority at least thirty days (30) prior to the expiration date of the Order (Refer to Section 8.3) of the North Andover Wetland Regulations). 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. This Order of Conditions is issued in addition to an OOC issued by the Town of North Andover under NACC #32 which received a Certificate of Compliance on March 14, 2012. 32. 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). 33. The following wetland resource areas are affected by the proposed work: Buffer Zone to Bordering Vegetated Wetland (BVW). This resource area is 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. 34. The NACC agrees with theapplicant's �r delineation of the wetland resource areas on the site as shown on the plans dated referenced herein. As a condition of this filing an Abbreviated Notice of Resource Area Delineation (ANRAD) shall be filed with the NACC by September 1, 2012. The submitted ANRAD shall delineate all resource areas on the property as previously required in NACC#32. 35. The NACC finds that the intensive use of the upland areas and buffer zone proposed on this site will cause further alteration of the wetland resource areas. In order to prevent any alteration of wetland resource areas a twenty five foot(25') No- Disturbance Zone and a fifty foot 50') No-Construction Zone shall be established from the edge of the adjacent wetland resource area except as shown as shown on the record plan referenced herein. The Conservation Administrator and/or other agents of the NACC do not have the authority to waive these setbacks as established under the local bylaw. No disturbance of existing grade, soils or vegetation is permitted in the No-Disturbance zone. (See Section 3.4 &Appendix F of the local Regulations). 242-1550,50 Royal Crest Estates,Building 38 3 NACC 6/8/2012 S DEP FILE#242 - 1550 36. 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. 37. 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 38. No work shall be undertaken until all administrative appeal periods from this Order have elapsed or, if such an appeal has been filed,until all proceedings before the Department or Court have been completed. 39. This Order shall be recorded by the applicant at the Registry of Deeds immediately after the expiration of all appeal periods. No work shall be undertaken until the Final Order has been recorded in the Registry of Deeds or the Land Court for the district in which the land is located,within the chain of title of the affected property. In the case of recorded land, the Final Order shall also be noted in the Registry's Grantor Index under the name of the owner of the land upon which the proposed work is to be done. In the case of registered land, the Final Order shall also be noted on the Land Court Certificate of Title of the owner of the land upon which the proposed work is to be done. The recording information shall be submitted to the North Andover Conservation Commission on the form at the end of this Order prior to commencement of the work. Any Order not recorded by the applicant before work commences may be recorded by the NACC at the applicant's expense. 40. A sign shall be displayed at the site (and other work areas) not less than two square feet or more than three square feet in size bearing the words "Massachusetts DEP, File Number 242-1550." 41. Any changes in the submitted plans caused by the applicant, another Board's decision or resulting from this Order of Conditions must be submitted to the NACC for approval prior to implementation. If the NACC finds said changes to be significant, the NACC will call for another public hearing (at the expense of the applicant). Within 21 days of the close of said public hearing the NACC will issue an amended or new 242-1550,50 Royal Crest Estates,Building 38 4 NACC 6/8/2012 DEP FILE#242 - 1550 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. The applicant shall submit a Planting Plan for landscaping proposed in the buffer zone to wetland resource areas. All plantings proposed in wetland resource areas or the buffer zone shall be native species. The plan will be approved by the Conservation Department prior to commencement of landscaping activities. 44. Prior to any work commencing on-site,the applicant shall submit to the NACC for approval, a detailed and dated sequence of construction, including the installation of sedimentation/erosion control devices, installation of foundation drains,landscaping and final stabilization. 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 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. A row of trenched siltation fence or other erosion control to be approved by the Conservation Department shall be placed between all construction areas and wetlands. The erosion control barrier will be properly installed and placed as close to the proposed work as possible and no closer than 25' from delineated resource areas. The erosion control 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. 242-1550,50 Royal Crest Estates,Building 38 5 NACC 6/8/2012 1 DEP FILE #242 - 1550 47. The applicant shall have on hand at the start of any soil disturbance, removal or stockpiling fifteen (15) hay bales and sufficient stakes for staking these bales (or an equivalent amount of silt fence, 1 hay bale to equal 3 feet of fence). Said bales shall be used only for the control of emergency erosion problems and shall not be used for the normal control of erosion. 48. A check payable to the Town of North Andover shall be provided in the amount of $65,000 (total bond for DEP File #242-1550 and NACC #94 &#95) 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. 49. The applicant shall designate a Wetland Scientist (or other environmental professional as approved by the NACC or its agent) as an"Erosion Control Monitor' to oversee any emergency placement of controls and regular inspection or replacement of sedimentation control devices. The name and phone number of the erosion control monitor must be provided to the NACC in the event that this person has to be contacted, due to an emergency at the site, during any 24-hour period, including weekends. Proof of the retained monitor must be submitted to the Conservation Department on letterhead by the retained consulting firm. This person shall be given the authority to stop construction for erosion control purposes. The Environmental Professional will immediately notify the Conservation agent of any matter that requires attention by the Commission or the agent. The erosion control monitor will be required to inspect all such devices and oversee cleaning and the proper disposal of waste products. Cleaning shall include removal of any entrapped silt. 50. At least once during each week in which construction activities occurs on-site and for as long thereafter as ground remains unstabilized, the applicant shall submit a written report with photos from the"Erosion Control Monitor" to the NACC certifying that, to the best of his/her knowledge and belief based on a careful site inspection, all work is being performed in compliance with this Order of Conditions and that approved setbacks are being adhered to. The erosion control monitor must visually inspect all sedimentation/erosion control measures and assume responsibility for their maintenance on a weekly basis and that they are functioning as intended. In addition, all wetland resource areas must be visually inspected for siltation,turbidity, and/or other water quality impacts. The Erosion Control Monitor shall be on site during 242-1550,50 Royal Crest Estates,Building 38 6 NACC 6/8/2012 DEP FILE #242 - 1550 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 51. Prior to construction, the applicant shall permanently mark the edge of the"25' No- Disturbance Zone" to Bordering Vegetated Wetland (or at the existing limit of clearing) with signs or markers (placed on pressure treated posts if necessary) spaced evenly every 30 feet incorporating the following text: "Protected Wetland Resource Area" and the associated rules (1 square for every 3 round markers). 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 may be obtained at the Conservation Department ($2 round/$3 square). 52. The applicant and/or the legal owner of that portion of land upon which these Orders of Conditions have been placed shall provide to the NACC prior to transferring, or assigning any portion of said land to another party, subject to said Orders of Conditions, the "Compliance Certification Form Affidavit" attached via "Appendix A" signed under the pains and penalties of perjury, stating that said applicant and/or owner has read these Orders of Conditions and is in compliance with each and every condition. This document shall apply to each of the conditions referenced herein and shall be provided to the Conservation Department at least five (5) business days prior to the closing of said land transaction. 53. Once these above mentioned pre-construction requirements are complete, the applicant shall contact the Conservation Office prior to site preparation or construction and shall arrange an on-site conference with an NACC representative, the contractor, the engineer,wetland scientist and the applicant to ensure that all of the Conditions of this Order are understood. This Order shall be included in all construction contracts, subcontracts,and specifications dealing with the work proposed and shall supersede any conflicting contract requirements. The applicant shall assure that all contractors, subcontractors and other personnel performing the permitted work are fully aware of the permit's terms and conditions. Thereafter,the contractor will be held jointly liable for any violation of this Order of Conditions resulting from failure to comply with its conditions. The applicant or contractor shall notify the NACC in writing of the identity of the on-site construction supervisor hired to coordinate construction and to ensure compliance with this Order. A reasonable period of time shall be provided as notice of the pre-construction meeting (e.g. 72 hours). STORMWATER MANAGEMENT CONDITIONS 242-1550,50 Royal Crest Estates,Building 38 7 NACC 6/8/2012 DEP FILE #242 - 1550 54. All construction and post-construction stormwater management shall be conducted in accordance with supporting documents submitted with the Notice of Intent, the Department of Environmental Protection Stormwater Management Policy and as P g Y approved by the NACC in this Order of Conditions. 55. 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. 56. Prior to March 15,2013, the.applicant shall complete a drainage capacity and analysis study as outlined in the email of June 5, 2012, referenced herein. A copy of the drainage analysis shall be provided to the Conservation Department. 57. Water quality in down gradient BVW's shall not differ significantly following completion of the project from the pre-development conditions. There shall be no sedimentation into wetlands or water bodies from discharge pipes or surface runoff leaving the site. 58. Prior to September 1, 2012, the applicant shall be responsible for completing an Operation&Maintenance (O&M) Plan for all existing drainage structures and newly proposed/installed BMPs as detailed in the email of June 5,2012 referenced herein and the associated stormwater management conditions mandated herein. The O&M Plan shall be submitted to the NACC for review and approval. 59. All stormwater best management practices shall be continually maintained as specified in the Operation and Maintenance Plan (see Condition#58) and incorporated in the Order of Conditions. 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. Maintenance of the stormwater management system shall be conducted on an annual basis by a Registered Professional Civil Engineer. Maintenance bills submitted by cleaning contractors (catch basins, stormcepters, etc.) shall be maintained with annual engineering reports. A log/proof of annual maintenance activities as required by the Operation& Maintenance Plan shall be maintained for not less than the prior 5 year period. The NACC reserves the right to request documentation of maintenance activities for purposes of verification of this Order. 60. Prior to June 15, 2013,the applicant shall submit a Stormwater Management Plan as outlined in the email of June 5, 2012 referenced herein. The plan shall include a priority list of stormwater upgrades and dates of completion to address system inadequacies and provide solutions to address both capacity and water quality issues. Once submitted,the plan shall be reviewed and approved by the NACC at a public meeting. The approved Stormwater Management Plan will be adhered to but may be 242-1550,50 Royal Crest Estates,Building 38 8 NACC 6/8/2012 DEP FILE#242 - 1550 modified with the approval of the NACC. This condition shall survive the issuance of a Certificate of Compliance (COC). 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, 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 reports detailing what work has been done in or near resource areas, and what work is anticipated to be done over the next period. This will update the construction sequence. Reports shall be submitted in as part of the weekly environmental monitoring report (see Condition#50). 63. Field catch basin drains shall be affixed with dome grates as detailed in the May 22, 2012 email referenced herein. 64. Dewatering activities are not proposed as part of the filing. No discharge of water is allowed directly into an area subject to jurisdiction of the Wetlands Protection Act and/or the North Andover Wetland Bylaw. If emergency de-watering requirements arise,the applicant shall submit a contingency plan to the Commission for approval, which provides for the pumped water to be contained in a settling basin, to reduce turbidity prior to discharge into a resource area. 65. Associated pavement and roadways shall be swept at least weekly or as directed by the Erosion Control monitor, the Site Supervisor, Project Manager, or Conservation staff for as long as the site remains exposed and un-stabilized. 66. 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. 67. 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. 242-1550,50 Royal Crest Estates,Building 38 9 NACC 6/8/2012 DEP FILE#242 - 1550 68. 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. 69. There shall be no stockpiling of soil or other materials within fifty (50) feet of any resource area. 70. Washings from concrete trucks, or surplus concrete, shall not be directed to,any drainage system, or wetland resource area. If truck washing is to be done on site an area shall be designated and approved by the Conservation Department. 71. 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. 72. Accepted engineering and construction standards and procedures shall be followed in the completion of the project. 73. 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. "AFTERNSTRUCTION 74. 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 Towri s Wetland protection ByLaw. 75. 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. 242-1550,50 Royal Crest Estates,Building 38 10 NACC 6/8/2012 DEP FILE#242 - 1550 76. 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 77. Upon completion of construction and grading, all disturbed areas located outside resource areas shall be stabilized permanently against erosion. This shall be done by loaming and seeding according to NRCS standards. Stabilization will be considered complete once full vegetative cover has been achieved. 78. Upon approved site stabilization by Conservation staff, the erosion controls shall be removed and properly disposed of and all exposed unvegetated areas shall be seeded. 79. Upon completion of the project the applicant shall submit the following to the Conservation Commission as part of a request for a Certificate of Compliance: a. WPA Form 8A- "Request for a Certificate of Compliance." b. A letter from the applicant requesting a Certificate of Compliance. c. The name and address of the current landowner. d. Signed statements from the individual property owners shall be submitted with the request for a Certificate of Compliance indicating that they read and i understood the recorded Order of Conditions prior to purchasing their property. e. The name and address of the individual/trust or corporation to whom the compliance is to be granted. f. The street address and assessor's map/parcel number for the project. g. The DEP file number. h. A written statement from a Registered Professional Civil Engineer (and/or Registered Professional Land Surveyor) of the Commonwealth certifying that the work has been conducted as shown on the plan(s) and documents referenced above, and as conditioned by the Commission. i. An"As-Built" plan prepared and signed and stamped by a Registered Professional Civil Engineer (P.E.) (and/or Registered Professional Land Surveyor) of the Commonwealth,for the public record. This plan will include: ➢ "As-Built" post-development elevations of all drainage &stormwater management structures constructed within 100 feet of any wetland resource area. NOTE: If portions of the stormwater systems exist partially within the Buffer Zone than the entire structure must be depicted to accurately verify compliance. ➢ "As-Built" post-development elevations and grades of all filled or altered wetland resource areas including the encompassing buffer zone which is regulated as a resource area under the local Wetland Protection Bylaw. ➢ Distances from structures to wetland resource areas. Structures include (but are not limited to) septic systems, additions,fences, sheds, stone walls, pools,retaining walls, subsurface utilities and decks. 242-1550,50 Royal Crest Estates,Building 38 11 NACC 6/8/2012 DEP FILE#242 - 1550 ➢ A line showing the limit of work and the extent of existing erosion control devices. "Work" includes a_y disturbance of soils or vegetation. ➢ Location of all subsurface utilities entering the property. C ➢ Certification (by a P.E.) confirming the as-built roof drainage areas are in accordance with the approved plans. 80. The following special conditions shall survive the issuance of a Certificate of Compliance (COC) for this project: ➢ 25' No-Disturbance Zone and a 50' No-Construction Zone shall be established from the edge of adjacent wetland resource areas except in those locations approved under DEP#242-1550. Future work within 100' of existing wetland resource areas will require a separate filing with the NACC (refer to Section 3.4 of the Regulations for performance standards within these zones) The Conservation Administrator and/or other agents of the NACC do not have the authority to waive these setbacks as established under the local ByLaw; ➢ Resource Area Markers (Condition#51); ➢ Stormwater Management System Operations and Maintenance (Condition #59) ➢ Stormwater Management Plan (Condition#60); ➢ Discharge or spillage of pollutants (Condition#73); ➢ Prohibition of underground fuels (Condition#74); ➢ Limitations on the use of fertilizers,herbicides, and pesticides (Conditions #75) ➢ Prohibition of dumping of leaves, grass clippings, brush, or other debris (Condition#76). 242-1550,50 Royal Crest Estates,Building 38 12 NACC 6/8/2012 4 DEP FILE#242 - 1550 APPENDIX A-AFFIDAVIT I, on oath do hereby depose and state: (authorized agent applicant and/or current owner) (PLEASE CHECK AT LEAST ONE BLOCK) 1. I am the of (position with applicant) (applicant name or company name) the applicant upon whom Order of Conditions have been placed upon by (DEP or NACC number) the North Andover Conservation Commission. &/or 2. 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. 1 hereby affirm and acknowledge that this document will be relied upon by the North Andover Conservation Commission as well as any potential buyers of said property which is subject to said Order of Conditions (DEP File#) Signed under the pains and penalties of perjury this day of 19 (Signature-authorized agent of applicant or owner) 242-1550,50 Royal Crest Estates,Building 38 13 NACC 6/8/2012 DEP FILE#242 - 1550 Therefore,the North Andover Conservation Commission (hereafter the "NACC") hereby finds that the following conditions are necessary,in accordance with the Performance Standards set forth in the State Regulations, the local ByLaw and Regulations, to protect those interests noted above. The NACC orders that all work shall be performed in accordance with said conditions and with the Notice of Intent referenced below. To the extent that the following conditions modify or differ from the plans, specifications or other proposals submitted with the Notice of Intent, the conditions shall control. GENERAL CONDITIONS 20. The proposed work includes: upgrade of foundation drain with new outlet structure on Building 38 in the 100-foot Buffer Zone to Bordering Vegetated Wetland. Waterproofing and repairs will also be conducted on the foundation. Roof drain connections will be installed and capped with no downspout connections allowed as part of this filing. Drainage improvements include upgrades to existing field catch basins where necessary. New landscaping will also be installed. 21. The work shall conform to the following (except as noted in the remainder of this document where revisions may be required): Applicant/Property Owner: Dan Milinazzo AIMCO North Andover, LLC 50 Royal Crest Drive North Andover, Massachusetts 01845 Notice of Intent filed by: Kenneth Lania Cornerstone Land Consultants, Inc. 1794 Bridge Street- Unit 17B Dracut, MA 0182 Dated: April 13, 2012 Site Plans prepared by: Cornerstone Land Consultants, Inc. Titled: Foundation Drainage Site Plan, Details and Notes Bldg 38 - Royal Crest Estates Date: March 15, 2012 Revised: 04/09/12 Sheets 1 -3 (Site Plan, Details, Notes) Stamped by: John A. Visniewski, P.E. Stormwater Report prepared by: Cornerstone Land Consultants, Inc. Stamped by:John A. Visniewski, P.E. Storm Water Pollution Prevention Plan (SWPPP) prepared by: CornerstowI and Consultants, Inc. 242-1550,50 Royal Crest Estates,Building 38 1 NACC 6/8/2012 DEP FILE #242 - 1550 Date: February 10, 2012 Stormwater Review: Eggleston Environmental Lisa D. Eggleston, P.E. Response and Summary Email from Ken Lania Date: May 22, 2012 Other Record Documents: Email from Ken Lania Re: Royal Crest Special Conditions Date: June 5, 2012 22. The term"Applicant" as used in this Order of Conditions shall refer to the owner, any successor in interest or successor in control of the property referenced in the Notice of Intent, supporting documents and this Order of Conditions. The NACC shall be notified in writing within 30 days of all transfers of title of any portion of property that takes place prior to the issuance of a Certificate of Compliance. 23. The conditions of this decision shall apply to, and be binding upon, the applicant, owner, its employees and all successors and assigns in interest or control. These obligations shall be expressed in covenants in all deeds to succeeding owners of portions of the property. 24. Failure to comply with all conditions stated herein, and with all related statutes and other regulatory measures, shall be deemed cause to revoke or modify this Order. 25. This Order does not grant any property rights or any exclusive privileges; it does not authorize any injury to private property or invasion of property rights. However, the NACC, agent of the NACC or the Department of Environmental Protection(DEP) reserves the right to enter and inspect the property at all reasonable times until a Certificate of Compliance is issued, to evaluate compliance with this Order of Conditions, the Act(310 CMR 10.00), the North Andover Wetland ByLaw and Regulations, and may require any information, measurements, photographs, observations, and/or materials, or may require the submittal of any data or information deemed necessary by the NACC for that evaluation. Further,work shall be halted on the site if the NACC, agent or DEP determines that any of the work is not in compliance with this Order of Conditions. Work shall not resume until the NACC is satisfied that the work will comply and has so notified the applicant in writing. 26. This Order does not relieve the permittee or any other person of the necessity of complying with all other applicable federal, state or local statutes, ordinances,by-laws or regulations. 27. The work authorized hereunder shall be completed within three years from the date of this order. 242-1550,50 Royal Crest Estates,Building 38 2 NACC 6/8/2012 f DEP FILE#242 - 1550 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 thLrty- days (30) prior to the expiration date of the Order (Refer to Section 8.3) 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. This Order of Conditions is issued in addition to an OOC issued by the Town of North Andover under NACC #32 which received a Certificate of Compliance on March 14, 2012. 32. 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). 33. The following wetland resource areas are affected by the proposed work: Buffer Zone to Bordering Vegetated Wetland (BVW). This resource area is 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. 34. The NACC agrees with the applicant's delineation of the wetland resource areas on the site as shown on the plans dated referenced herein. As a condition of this filing an Abbreviated Notice of Resource Area Delineation (ANRAD) shall be filed with the NACC by September 1, 2012. The submitted ANRAD shall delineate all resource areas on the property as previously required in NACC #32. 35. The NACC finds that the intensive use of the upland areas and buffer zone proposed on this site will cause further alteration of the wetland resource areas. In order to prevent any alteration of wetland resource areas a twenty five foot(25') No- Disturbance Zone and a fifty foot(50') No-Construction Zone shall be established from ` the edge of the adjacent wetland resource area except as shown as shown on the record plan referenced herein. The Conservation Administrator and/or other agents of the NACC do not have the authority to waive these setbacks as established under the local bylaw. No disturbance of existing grade, soils or vegetation is permitted in the No-Disturbance zone. (See Section 3.4 &Appendix F of the local Regulations). 242-1550,50 Royal Crest Estates,Building 38 3 NACC 6/8/2012 DEP FILE#242 - 1550 36. 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. 37. 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 38. No work shall be undertaken until all administrative appeal periods from this Order have elapsed or, if such an appeal has been filed,until all proceedings before the Department or Court have been completed. 39. This Order shall be recorded by the applicant at the Registry of Deeds immediately after the expiration of all appeal periods. No work shall be undertaken until the Final Order has been recorded in the Registry of Deeds or the Land Court for the district in which the land is located, within the chain of title of the affected property. In the case of recorded land,the Final Order shall also be noted in the Registry's Grantor Index under the name of the owner of the land upon which the proposed work is to be done. In the case of registered land, the Final Order shall also be noted on the Land Court Certificate of Title of the owner of the land upon which the proposed work is to be done. The recording information shall be submitted to the North Andover Conservation Commission on the form at the end of this Order prior to commencement of the work. Any Order not recorded by the applicant before work commences may be recorded by the NACC at the applicant's expense. 40. A sign shall be displayed at the site (and other work areas) not less than two square feet or more than three square feet in size bearing the words "Massachusetts DEP, File Number 242-1550." 41. Any changes in the submitted plans caused by the applicant, another Board's decision or resulting from this Order of Conditions must be submitted to the NACC for approval prior to implementation. If the NACC finds said changes to be significant, the NACC will call for another public hearing(at the expense of the applicant). Within 21 days of the close of said public hearing the NACC will issue an amended or new 242-1550,50 Royal Crest Estates,Building 38 4 NACC 6/8/2012 DEP FILE#242 - 1550 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. The applicant shall submit a Planting Plan for landscaping proposed in the buffer zone to wetland resource areas. All plantings proposed in wetland resource areas or the buffer zone shall be native species. The plan will be approved by the Conservation Department prior to commencement of landscaping activities. 44. Prior to any work commencing on-site, the applicant shall submit to the NACC for approval, a detailed and dated sequence of construction, including the installation of sedimentation/erosion control devices, installation of foundation drains, landscaping and final stabilization. 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 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. A row of trenched siltation fence or other erosion control to be approved by the Conservation Department shall be placed between all construction areas and wetlands. The erosion control barrier will be properly installed and placed as close to the proposed work as possible and no closer than 25' from delineated resource areas. The erosion control 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. 242-1550,50 Royal Crest Estates,Building 38 5 NACC 6/8/2012 DEP FILE#242 - 1550 47. The applicant shall have on hand at the start of any soil disturbance,removal or stockpiling fifteen(15) hay bales and sufficient stakes for staking these bales (or an equivalent amount of silt fence,1 hay bale to equal 3 feet of fence). Said bales shall be used only for the control of emergency erosion problems and shall not be used for the normal control of erosion. 48. A check payable to the Town of North Andover shall be provided in the amount of $65,000 (total bond for DEP File #242-1550 and NACC #94 &#95) 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. 49. The applicant shall designate a Wetland Scientist(or other environmental professional as approved by the NACC or its agent) as an"Erosion Control Monitor' to oversee any emergency placement of controls and regular inspection or replacement of sedimentation control devices. The name and phone number of the erosion control monitor must be provided to the NACC in the event that this person has to be contacted, due to an emergency at the site, during any 24-hour period, including weekends. Proof of the retained monitor must be submitted to the Conservation Department on letterhead by the retained consulting firm. This person shall be given the authority to stop construction for erosion control purposes. The Environmental Professional will immediately notify the Conservation agent of any matter that requires attention by the Commission or the agent. The erosion control monitor will be required to inspect all such devices and oversee cleaning and the proper disposal of waste products. Cleaning shall include removal of any entrapped silt. 50. At least once during each week in which construction activities occurs on-site and for as long thereafter as ground remains unstabilized, the applicant shall submit a written report with photos from the "Erosion Control Monitor" to the NACC certifying that, to the best of his/her knowledge and belief based on a careful site inspection, all work is being performed in compliance with this Order of Conditions and that approved setbacks are being adhered to. The erosion control monitor must visually inspect all sedimentation/erosion control measures and assume responsibility for their maintenance on a weekly basis and that they are functioning as intended. In addition, all wetland resource areas must be visually inspected for siltation,turbidity, and/or other water quality impacts. The Erosion Control Monitor shall be on site during 242-1550,50 Royal Crest Estates,Building 38 6 NACC 6/8/2012 DEP FILE#242 - 1550 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 51. Prior to construction, the applicant shall permanently mark the edge of the"25' No- Disturbance Zone" to Bordering Vegetated Wetland (or at the existing limit of clearing)with signs or markers (placed on pressure treated posts if necessary) spaced evenly every 30 feet incorporating the following text: "Protected Wetland Resource Area" and the associated rules (1 square for every 3 round markers). 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 may be obtained at the Conservation Department($2 round/$3 square). 52. The applicant and/or the legal owner of that portion of land upon which these Orders of Conditions have been placed shall provide to the NACC prior to transferring, or assigning any portion of said land to another party, subject to said Orders of Conditions, the "Compliance Certification Form Affidavit" attached via"Appendix A" signed under the pains and penalties of perjury, stating that said applicant and/or owner has read these Orders of Conditions and is in compliance with each and every condition. This document shall apply to each of the conditions referenced herein and shall be provided to the Conservation Department at least five (5) business days prior to the closing of said land transaction. 53. Once these above mentioned pre-construction requirements are complete, the applicant shall contact the Conservation Office prior to site preparation or construction and shall arrange an on-site conference with an NACC representative,the contractor, the engineer,wetland scientist and the applicant to ensure that all of the Conditions of this Order are understood. This Order shall be included in all construction contracts, subcontracts, and specifications dealing with the work proposed and shall supersede any conflicting contract requirements. The applicant shall assure that all contractors, subcontractors and other personnel performing the permitted work are fully aware of the permit's terms and conditions. Thereafter, the contractor will be held jointly liable for any violation of this Order of Conditions resulting from failure to comply with its conditions. The applicant or contractor shall notify the NACC in writing of the identity of the on-site construction supervisor hired to coordinate construction and to ensure compliance with this Order. A reasonable period of time shall be provided as notice of the pre-construction meeting(e.g. 72 hours). STORMWATER MANAGEMENT CONDITIONS 242-1550,50 Royal Crest Estates,Building 38 7 NACC 6/8/2012 DEP FILE#242 - 1550 54. All construction and post-construction stormwater management shall be conducted in accordance with supporting documents submitted with the Notice of Intent, the Department of Environmental Protection Stormwater Management Policy and as approved by the NACC in this Order of Conditions. 55. 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. 56. Prior to March 15, 2013,the applicant shall complete a drainage capacity and analysis study as outlined in the email of June 5, 2012,referenced herein. A copy of the drainage analysis shall be provided to the Conservation Department. 57. Water quality in down gradient BVW's shall not differ significantly following completion of the project from the pre-development conditions. There shall be no sedimentation into wetlands or water bodies from discharge pipes or surface runoff leaving the site. 58. Prior to September 1,2012, the applicant shall be responsible for completing an Operation& Maintenance (O&M) Plan for all existing drainage structures and newly proposed/installed BMPs as detailed in the email of June 5, 2012 referenced herein and the associated stormwater management conditions mandated herein. The O&M Plan shall be submitted to the NACC for review and approval. 59. All stormwater best management practices shall be continually maintained as specified in the Operation and Maintenance Plan(see Condition#58) and incorporated in the Order of Conditions. 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. Maintenance of the stormwater management system shall be conducted on an annual basis by a Registered Professional Civil Engineer. Maintenance bills submitted by cleaning contractors (catch basins, stormcepters, etc.) shall be maintained with annual engineering reports. A log/proof of annual maintenance activities as required by the Operation& Maintenance Plan shall be maintained for not less than the prior 5 year period. The NACC reserves the right to request documentation of maintenance activities for purposes of verification of this Order. 60. Prior to June 15, 2013, the applicant shall submit a Stormwater Management Plan as outlined in the email of June 5, 2012 referenced herein. The plan shall include a priority list of stormwater upgrades and dates of completion to address system inadequacies and provide solutions to address both capacity and water quality issues. Once submitted, the plan shall be reviewed and approved by the NACC at a public meeting. The approved Stormwater Management Plan will be adhered to but may be 242-1550,50 Royal Crest Estates,Building 38 8 NACC 6/8/2012 DEP FILE#242 - 1550 modified with the approval of the NACC. This condition shall survive the issuance of a Certificate of Compliance (COC). 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, 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 reports detailing what work has been done in or near resource areas, and what work is anticipated to be done over the next period. This will update the construction sequence. Reports shall be submitted in as part of the weekly environmental monitoring report (see Condition#50). 63. Field catch basin drains shall be affixed with dome grates as detailed in the May 22, 2012 email referenced herein. 64. Dewatering activities are not proposed as part of the filing. No discharge of water is allowed directly into an area subject to jurisdiction of the Wetlands Protection Act and/or the North Andover Wetland Bylaw. If emergency de-watering requirements arise,the applicant shall submit a contingency plan to the Commission for approval, which provides for the pumped water to be contained in a settling basin, to reduce turbidity prior to discharge into a resource area. 65. Associated pavement and roadways shall be swept at least weekly or as directed by the Erosion Control monitor,the Site Supervisor, Project Manager, or Conservation staff for as long as the site remains exposed and un-stabilized. 66. 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. 67. 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. 242-1550,50 Royal Crest Estates,Building 38 9 NACC 6/8/2012 DEP FILE#242 - 1550 68. 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. 69. There shall be no stockpiling of soil or other materials within fifty (50) feet of any resource area. 70. Washings from concrete trucks, or surplus concrete, shall not be directed to, any drainage system, or wetland resource area. If truck washing is to be done on site an area shall be designated and approved by the Conservation Department. 71. 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. 72. Accepted engineering and construction standards and procedures shall be followed in the completion of the project. 73. 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 74: 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. 75. 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. 242-1550,50 Royal Crest Estates,Building 38 10 NACC 6/8/2012 DEP FILE#242 - 1550 76. 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 77. Upon completion of construction and grading, all disturbed areas located outside resource areas shall be stabilized permanently against erosion. This shall be done by loaming and seeding according to NRCS standards. Stabilization will be considered complete once full vegetative cover has been achieved. 78. Upon approved site stabilization by Conservation staff, the erosion controls shall be removed and properly disposed of and all exposed unvegetated areas shall be seeded. 79. Upon completion of the project the applicant shall submit the following to the Conservation Commission as part of a request for a Certificate of Compliance: a. WPA Form 8A- "Request for a Certificate of Compliance." b. A letter from the applicant requesting a Certificate of Compliance. c. The name and address of the current landowner. d. Signed statements from the individual property owners shall be submitted with the request for a Certificate of Compliance indicating that they read and understood the recorded Order of Conditions prior to purchasing their property. e. The name and address of the individual/trust or corporation to whom the compliance is to be granted. f. The street address and assessor's map/parcel number for the project. g. The DEP file number. h. A written statement from a Registered Professional Civil Engineer (and/or Registered Professional Land Surveyor) of the Commonwealth certifying that the work has been conducted as shown on the plan(s) and documents referenced above, and as conditioned by the Commission. i. An"As-Built" plan prepared and signed and stamped by a Registered Professional Civil Engineer (P.E.) (and/or Registered Professional Land Surveyor) of the Commonwealth, for the public record. This plan will include: ➢ "As-Built" post-development elevations of all drainage &stormwater management structures constructed within 100 feet of any wetland resource area. NOTE: If portions of the stormwater systems exist partially within the Buffer Zone than the entire structure must be depicted to accurately verify compliance. ➢ "As-Built" post-development elevations and grades of all filled or altered wetland resource areas including the encompassing buffer zone which is regulated as a resource area under the local Wetland Protection Bylaw. ➢ Distances from structures to wetland resource areas. Structures include (but are not limited to) septic systems, additions,fences, sheds, stone walls, pools,retaining walls, subsurface utilities and decks. 242-1550,50 Royal Crest Estates,Building 38 11 NACC 6/8/2012 DEP FILE #242 - 1550 ➢ 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. ➢ Certification (by a P.E.) confirming the as-built roof drainage areas are in accordance with the approved plans. 80. The following special conditions shall survive the issuance of a Certificate of Compliance (COC) for this project: ➢ 25' No-Disturbance Zone and a 50' No-Construction Zone shall be established from the edge of adjacent wetland resource areas except in those locations approved under DEP # 242-1550. Future work within 100' of existing wetland resource areas will require a separate filing with the NACC (refer to Section 3.4 of the Regulations for performance standards within these zones) The Conservation Administrator and/or other agents of the NACC do not have the authority to waive these setbacks as established under the local ByLaw; ➢ Resource Area Markers (Condition#51); ➢ Stormwater Management System Operations and Maintenance (Condition #59) ➢ Stormwater Management Plan(Condition#60); ➢ Discharge or spillage of pollutants (Condition#73); ➢ Prohibition of underground fuels (Condition#74); ➢ Limitations on the use of fertilizers,herbicides, and pesticides (Conditions #75) ➢ Prohibition of dumping of leaves, grass clippings, brush, or other debris (Condition#76). 242-1550,50 Royal Crest Estates,Building 38 12 NACC 6/8/2012 DEP FILE#242 - 1550 APPENDIX A-AFFIDAVIT I, on oath do hereby depose and state: (authorized agent applicant and/or current owner) (PLEASE CHECK AT LEAST ONE BLOCK) 1. I am the of (position with applicant) (applicant name or company name) the applicant upon whom Order of Conditions have been placed upon by (DEP or NACC number) the North Andover Conservation Commission. &/or 2. 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) 242-1550,50 Royal Crest Estates,Building 38 13 NACC 6/8/2012 ILIMassachusetts Department of Environmental Protection Bureau of Resource Protection - Wetlands DEP File Number: WPA Form 8B — Certificate of Compliance NACC#32 Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 Provided by DEP A. Project Information Important: When filling out 1. This Certificate of Compliance is issued to: forms on the computer, use AIMCO North Andover, LLC only the tab key Name to move your 50 Royal Crest Drive cursor-do not Mailing Address use the return key. North Andover MA 01845 City/Town State Zip Code 2. This Certificate of Compliance is issued for work regulated by a final Order of Conditions issued to: AIMCO North Andover, LLC Name September 14, 2007 NACC#32 Dated DEP File Number 3. The project site is located at: Turnpike Street, Royal Crest Estates North Andover Street Address City/Town Map 25 Parcels 35-66 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 10934 47 County Book Page Certificate 4. A site inspection was made in the presence of the applicant, or the applicant's agent, on: 1/27/12 Date wpafrm8b.doc•rev.12/23/09 WPA Form 813,Certificate of Compliance•Page 1 of 3 ILIMassachusetts Department of Environmental Protection Bureau of Resource Protection -Wetlands DEP File Number: WPA Form 8B — Certificate of Compliance NACC#32 Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 Provided by DEP B. Certification Check all that apply: ® Complete Certification: It is hereby certified that the work regulated by the above-referenced Order of Conditions has been satisfactorily completed. Work on Building #40 never commenced and will not be ndelrCt len , as �rt of tfh Orr. ❑ F�artia e i kation: Its ereby cern ie atony a following portions of work regulated by the above-referenced Order of Conditions have been satisfactorily completed.The project areas or work subject to this partial certification that have been completed and are released from this Order are: ❑ Invalid Order of Conditions: It is hereby certified that the work regulated by the above-referenced Order of Conditions never commenced. The Order of Conditions has lapsed and is therefore no longer valid. No future work subject to regulation under the Wetlands Protection Act may commence without filing a new Notice of Intent and receiving a new Order of Conditions. ® ongoing Conditions: The following conditions of the Order shall continue: (Include any conditions contained in the Final Order, such as maintenance or monitoring, that should continue for a longer period). Condition Numbers: 65 C. Authorization Issued by: North Andover Conservation Commission Date of Issuance This Certificate must be signed by a majority of the Conservation Commission and a copy sent to the applicant and appropriate DEP Regional Office(See http://www.mass.ciov/dep/about/region/findyour.htm . Signature7: ,C/ •/,cam.,,.r"�,,...r wpafrm8b.doc•rev.12/23/09 WPA Form 8B,Certificate of Compliance•Page 2 of 3 ' b I ILIMassachusetts Department of Environmental Protection Bureau of Resource Protection - Wetlands DEP File Number: WPA Form 8B — Certificate of Compliance NACC#32 Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 Provided by DEP D. Recording Confirmation The applicant is responsible for ensuring that this Certificate of Compliance is recorded in the Registry of Deeds or the Land Court for the district in which the land is located. Detach on dotted line and submit to the Conservation Commission. To: --------------------------------------------------------------------------------------------------- North Andover Conservation Commission Please be advised that the Certificate of Compliance for the project at: Turnpike Street, Royal Crest Estates NACC#32 Project Location DEP File Number Has been recorded at the Registry of Deeds of: Essex North County for: AIMCO North Andover, LLC Property Owner and has been noted in the chain of title of the affected property on: Date Book Page If recorded land, the instrument number which identifies this transaction is: If registered land, the document number which identifies this transaction is: Document Number Signature of Applicant wpafrm8b.doc•rev.12/23/09 WPA Form 8B,Certificate of Compliance•Page 3 of 3 s Massachusetts Department of Environmental Protection Bureau of Resource Protection - Wetlands DEP File Number: WPA Form 5 - Order of Conditions NACC#32 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 John Murray use the return a. First Name b. Last Name c.Company key. ELI) ,Roved "-f Ir Ve— d. Mailing Address tab North Andover MA 01845 e. City/Town f.State g.Zip Code 4. Property Owner(if different from applicant): Same a. First Name b. Last Name c.Company d.Mailing Address e. City/Town f.State g.Zip Code 5. Project Location: Turnpike Street, Royal Crest Estates North Andover a.Street Address b.City/Town Map 25 Parcels 35-66 c.Assessors Map/Plat Number d. Parcel/Lot Number Latitude and Longitude, if known (note: 47-26-300 32-62-96 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) 7042 122 c. Book d. Page 8/29/07 7. Dates: 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): Resource Area & Erosion Control Plan a. Plan Title Lenard Engineering, Inc. Robert J. Duff, P. E. b. Prenws-rl By c.Signed and Stamped by Mix&7 1" = 20' d. rinal Pevision Date e.Scale f.Additional Plan or Document Title g. Date 9. Total Fee Paid: $ 110.00 N/A $110.00 a.Total Fee Paid b.State Fee Paid c.City/Town Fee Paid wpaform5.doc• rev.3/1/05 Page 1 of 9 Massachusetts Department of Environmental Protection Bureau of Resource Protection - Wetlands DEP File Number: WPA Form 5 - Order of Conditions NACC#32 B. Findings i. Findings pursuant to the lu�-'44 'blt';Wetlands Protection lyl"J 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�7Ry I&uj t. 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 a. ❑ 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 r I I LlMassachusetts Department of Environmental Protection Bureau of Resource Protection - Wetlands DEP File Number: WPA Form 5 - Order of Conditions NACC#32 B. Findings (cont.) Resource Area Proposed Permitted Proposed Permitted Alteration Alteration Replacement Replacement 6. El Bordering Land Subject to Flooding a.square feet b.square feet c.square feet d.square feet Cubic Feet Flood Storage e.cubic feet f. cubic feet g. cubic feet h.cubic feet . 7. ❑ Isolated Land Subject to Flooding a.square feet b.square feet Cubic Feet Flood Storage c.cubic feet d.cubic feet e.cubic feet f.cubic feet 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 1o. ❑ Land Under the Ocean a.square feet b.square feet c.cu.yd dredged d.cu.yd dredged 11. ❑ Barrier Beaches Indicate size under Coastal Beaches and/or Coastal Dunes below 12. ❑ Coastal Beaches a.square feet b.square feet c.c/y nourishmt. d.c/y nourishmt. 13. ❑ Coastal Dunes a.square feet b.square feet c.c/y nourishmt. d.c/y nourishmt 14. ❑ Coastal Banks a.linear feet b. linear feet 15. ❑ Rocky Intertidal Shores a.square feet b.square feet 16. ❑ Salt Marshes a.square feet b.square feet c.square feet d.square feet 17. ❑ Land Under Salt Ponds a.square feet b.square feet c.cu.yd dredged d.cu.yd dredged 18. ❑ Land Containing Shellfish a.square feet b.square feet c.square feet d.square feet 19. ❑ Fish Runs Indicate size under Coastal Banks, inland Bank, Land Under the Ocean, and/or inland Land Under Waterbodies and Waterways, above a.cu.yd dredged b.cu.yd dredged 20. ❑ Land Subject to Coastal Storm Flowage a.square feet b.square feet wpaform5.doc- rev.3/1/05 Page 3 of 9 Massachusetts Department of Environmental Protection Bureau of Resource Protection - Wetlands DEP File Number: WPA Form 5 - Order of Conditions NACC#32 C. General Conditions Under tJor- 1N �„ ;�,�,. Wetlands Protection *Bytom,+ (only applicable to approved projects) 1. Failure to comply with all conditions stated herein, and with all related statutes and other regulatory measures, shall be deemed cause to revoke or modify this Order. 2. The Order does not grant any property rights or any exclusive privileges; it does not authorize any injury to private property or invasion of private rights. 3. This Order does not relieve the permittee or any other person of the necessity of complying with all other applicable federal, state, or local statutes, ordinances, bylaws, or regulations. 4. The work authorized hereunder shall be completed within three years from the date of this Order unless either of the following apply: a. the work is a maintenance dredging project as provided for in the Act; or . b. the time for completion has been extended to a specified date more than three years, but less than five years, from the date of issuance. If this Order is intended to be valid for more than three years, the extension date and the special circumstances warranting the extended time period are set forth as a special condition in this Order. 5. This Order may be extended by the issuing authority for one or more periods of up to three years each upon application to the issuing authority at least 30 days prior to the expiration date of the Order. 6. Any fill used in connection with this project shall be clean fill. Any fill shall contain no trash, refuse, rubbish, or debris, including but not limited to lumber, bricks, plaster, wire, lath, paper, cardboard, pipe, tires, ashes, refrigerators, motor vehicles, or parts of any of the foregoing. 7. This Order is not final until all administrative appeal periods from this Order have elapsed, or if such an appeal has been taken, until all proceedings before the Department have been completed. 8. No work shall be undertaken until the Order has become final and then has been recorded in the Registry of Deeds or the Land Court for the district in which the land is located, within the chain of title of the affected property. In the case of recorded land, the Final Order shall also be noted in the Registry's Grantor Index under the name of the owner of the land upon which the proposed work is to be done. In the case of the registered land, the Final Order shall also be noted on the Land Court Certificate of Title of the owner of the land upon which the proposed work is done. The recording information shall be submitted to this Conservation Commission on the form at the end of this Order, which form must be stamped by the Registry of Deeds, prior to the commencement of work. 9. A sign shall be displayed at the site not less then two square feet or more than three square feet in size bearing the words, "Massachusetts Department of Environmental Protection" [or, WA DEP"] "File Number NACC#32 " wpaform5.doc• rev.3/1/05 Page 4 of 9 I LlMassachusetts Department of Environmental Protection Bureau of Resource Protection - Wetlands DEP File Number: WPA Form 5 - Order of Conditions NACC#32 C. General Conditions Under NwA Wetlands Protection R.I.,W 10. Where the Department of Environmental Protection is requested to issue a Superseding Order, the Conservation Commission shall be a party to all agency proceedings and hearings before DEP. 11. Upon completion of the work described herein, the applicant shall submit a Request for Certificate of Compliance (WPA Form 8A) to the Conservation Commission. 12. The work shall conform to the plans and special conditions referenced in this order. 13. Any change to the plans identified in Condition#12 above shall require the applicant to inquire of the Conservation Commission in writing whether the change is significant enough to require the filing of a new Notice of Intent. 14. The Agent or members of the Conservation Commission and the Department of Environmental Protection shall have the right to enter and inspect the area subject to this Order at reasonable hours to evaluate compliance with the conditions stated in this Order, and may require the submittal of any data deemed necessary by the Conservation Commission or Department for that evaluation. 15. This Order of Conditions shall apply to any successor in interest or successor in control of the property subject to this Order and to any contractor or other person performing work conditioned by this Order. 16. Prior to the start of work, and if the project involves work adjacent to a Bordering Vegetated Wetland, the boundary of the wetland in the vicinity of the proposed work area shall be marked by wooden stakes or flagging. Once in place, the wetland boundary markers shall be maintained until a Certificate of Compliance has been issued by the Conservation Commission. 17. All sedimentation barriers shall be maintained in good repair until all disturbed areas have been fully stabilized with vegetation or other means. At no time shall sediments be deposited in a wetland or water body. During construction, the applicant or his/her designee shall inspect the erosion controls on a daily basis and shall remove accumulated sediments as needed. The applicant shall immediately control any erosion problems that occur at the site and shall also immediately notify the Conservation Commission, which reserves the right to require additional erosion and/or damage prevention controls it may deem necessary. Sedimentation barriers shall serve as the limit of work unless another limit of work line has been approved by this Order. 18. All work associated with this Order is required to comply with the Massachusetts Stormwater Policy Standards. Special Conditions: If you need more See attached space for additional conditions, select box to attach a text document wpaform5.doc• rev.3/1/05 Page 5 of 9 LlMassachusetts Department of Environmental Protection Bureau of Resource Protection - Wetlands DEP File Number: WPA Form 5 - Order of Conditions NACC#32 D. Findings Under Municipal Wetlands Bylaw or Ordinance 1. Is a municipal wetlands bylaw or ordinance applicable? ® Yes ❑ No 2. The North Andover hereby finds (check one that applies): Conservation Commission 3. ❑ that the proposed work cannot be conditioned to meet the standards set forth in a municipal ordinance or bylaw specifically: a.Municipal Ordinance or Bylaw b.Citation Therefore, work on this project may not go forward unless and until a revised Notice of Intent is submitted which provides measures which are adequate to meet these standards, and a final Order of Conditions is issued. a. ® that the following additional conditions are necessary to comply with a municipal ordinance or bylaw: North Andover Wetland Protection Bylaw Chapter 178 a.Municipal Ordinance or Bylaw b. Citation The Commission orders that all work shall be performed in accordance with the following conditions and with the Notice of Intent referenced above. To the extent that the following conditions modify or differ from the plans, specifications, or other proposals submitted with the Notice of Intent, the conditions shall control. If you need more c. The special conditions relating to municipal ordinance or law are as follows: space for p 9 p y additional See attached conditions, select box to attach a text document wpaform5.doc• rev.3/1/05 Page 6 of 9 NACC #32 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 local Bylaw and Regulations, to protect those interests noted above. The NACC orders that all work shall be performed in accordance with said conditions and with the Notice of Intent referenced below. To the extent that the following conditions modify or differ from the plans, specifications or other proposals submitted with the Notice of Intent, the conditions shall control. GENERAL CONDITIONS 18. Failure to comply with all conditions stated herein, and with all related statutes and other regulatory measures, shall be deemed cause to revoke or modify this Order. 19. This Order does not grant any property rights or any exclusive privileges; it does not authorize any injury to private property or invasion of property rights. However, the NACC, agent of the NACC 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 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 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 (Section 8.3 (p.37) of the North Andover Wetland Regulations). 23. The NACC reserves the right to amend this Order of Conditions after a legally advertised public hearing if plans or circumstances are changed or if new conditions or information so warrant. 24. This Order of Conditions is issued.under NACC File#32. C:\Winword\OOC\RoyalCrestEstates.doc i NACC 9/27/2007 t NACC#32 25.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. 26. 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. 27. The proposed work includes the repair and replacement of existing foundation drains and roof drain systems around buildings #40, #42 & #43 and the installation of a groundwater monitoring well within the Buffer Zone to several Isolated Vegetated Wetlands (IVIV). Work also includes the restoration of an altered (partially filled) IVW. 28. 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: AMICO (applicant) John Murray Royal Crest Estates - 50 Royal Crest Drive North Andover, MA 01845 Dated August 28,2007 Prepared by: Lenard Engineering, Inc. Robert Duff 19 Midstate Drive Suite 200 Auburn, MA 01501 Site Plans prepared by: Lenard Engineering,Inc. Entitled "Resource Area & Erosion Control Plan", dated August 24,2007,revised 9/12,/07,consisting of sheets 1 & 2. Stamped & signed by Robert J. Duff,P.E. 29. The following wetland resource areas are affected by the proposed work: Buffer Zone to local Isolated Vegetated Wetlands (IVW). This resource area is significant to the interests of the Town Bylaw as noted above and therein. The applicant has not attempted to overcome the presumption of significance of the resource area to the identified interests. 30. The NACC agrees with the applicant's delineation of the wetland resource areas on the site as shown on the plans dated referenced herein. However,the NACC believes that there are additional wetland resource areas in other locations within the Royal Crest Estates property. Since there is no previous record of the resource areas on the property and since the property was constructed in the early 70's,whereas many of these C:\Winword\OOC\Roya]CrestEstates.doc 2 NACC 9/27/2007 I NACC #32 resource areas are isolated,historically maintained and/or disturbed, and therefore difficult to evaluate,the NACC finds that the applicant must file an Abbreviated Notice of Resource Area Delineation prior to any future project submittal. This condition shall remain in perpetuity upon expiration of this Order. 31. The NACC finds that the intensive use of the upland areas and buffer zone proposed on this site will cause further alteration of the wetland resource areas. In order to prevent any alteration of wetland resource areas a twenty-five foot (25') No-Disturbance Zone and a fifty-foot (50') No-Construction Zone shall be established from the edge of the adjacent wetland resource area except in those areas already historically disturbed and maintained. The Conservation Administrator and/or other agents of the NACC do not have the authority to waive these setbacks as established under the local bylaw. No disturbance of existing grade, soils or vegetation is permitted in the No-Disturbance zone (Section 3.4 &Appendix F of the local Regulations). 32. 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. 33. 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. 34. 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. I PRIOR TO CONSTRUCTION 35. 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. 36. 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 C:\Winword\OOC\Roya]CrestEstates.doc 3 NACC 9/27/2007 S NACC #32 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. 37. 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 File #32." 38. 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. 39. 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. 40. Prior to any work commencing on-site, the applicant shall submit to the NACC for approval, a detailed sequence of construction, including the construction of compensation and retention areas, installation of sedimentation/erosion control devices and re- vegetation to be completed before other work begins on-site. 41. Wetland flagging shall be checked prior to start of construction and shall be re-established where missing. All wetland flagging shall remain visible and enumerated per the approved plan(s) throughout the life of the project and until a Certificate of Compliance is issued so that erosion control measures can be properly placed and wetland impacts can be monitored. The proposed limit of work shall be shall be clearly marked with stakes or flags and shall be confirmed by the NACC. Such markers shall be checked and replaced as necessary and shall be maintained until all construction is complete. Workers should be informed that no use of machinery, storage of machinery or materials, stockpiling of soil, or construction activity is to occur beyond this line at any time. All flags used for the. above purposes shall be of a color different from other flagging used on the site. C:\Winword\OOC\RoyalCrestEstates.doc 4 NACC 9/27/2007 NACC #32 42. A row of staked hay bales backed by trenched siltation fence shall be placed between all construction areas and wetlands. Erosion controls were not shown to protect wetland area "C" on the approved plan. The Conservation Department may determine that erosion controls should be installed upgradient to this resource area at any time and may direct the applicant/contractor to do so immediately upon the request. Further,the concrete drain swale and catch basin shown adjacent to wetland area "C" shall be adequately protected if necessary. The erosion control barrier will be properly installed and placed as shown on the plans approved and referenced herein and shall be inspected and approved by the NACC prior to the start of construction and shall remain intact until all disturbed areas have been permanently stabilized to prevent erosion. All erosion prevention and sedimentation protection measures found necessary during construction shall be implemented at the direction of the NACC. The NACC reserves the right to impose additional conditions on portions of this project to mitigate any impacts which could result from site erosion, or any noticeable degradation of surface water quality discharging from the site. For example, installation of erosion control measures may be required in areas not shown on the plan(s) referenced in this Order of Conditions. Should such installation be required by the NACC, they shall be installed within 48 hours of the Commissions request. 43. The applicant shall have on hand at the start of any soil disturbance, removal or stockpiling, a minimum of 30 hay bales and sufficient stakes (10 at each building location) 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. 44. A check payable to the Town of North Andover shall be provided in the amount of$500, 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. 45. Prior to construction, the applicant shall permanently mark the 25-foot no-disturbance zone or the edge of disturbance where the 25-foot no-disturbance zone is not being maintained with markers spaced evenly every 30-feet incorporating the following text, "Protected Wetland Resource Area". These markers can be purchased at the North Andover Conservation Department. 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 Conservation Department. The applicant shall instruct all agents to explain these markers to buyers/lessees/landscapers and all persons taking over the property from the applicant. C:\Winword\OOC\RoyalCrestEstates.doc 5 NACC 9/27/2007 NACC #32 46. The applicant shall designate a Professional Wetland Scientist as the project's "Environmental Monitor" (EM) to oversee the construction of the restoration activities and landscape features, regular inspections, and any emergency placement or replacement of erosion and sedimentation control devices. The name and phone number of the erosion control monitor must be provided to the NACC in the event that this person has to be contacted, due to an emergency at the site, during any 24-hour period, including weekends. This professional must submit a letter on company letterhead stating they have been retained as the project's Environmental Monitor. The designated Environmental Monitor is subject to approval by the NACC. This person shall also be given the authority to stop construction for erosion control purposes. The ECM will be required to inspect all such devices and oversee cleaning and the proper disposal of waste products. Cleaning shall include removal of any entrapped silt. 47. ON EVERY MONDAY OF EACH WEEK, or otherwise arranged by the NACC or the Conservation Administrator, in which construction activities within the jurisdictional areas, referenced herein, occurs on-site and for as long thereafter as the ground remains unstable, it is the applicant's responsibility that the Environmental Monitor (EM) monitor the site and submit written reports to the NACC. The EM 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 EM 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 reports shall also 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. 48. The applicant and/or the legal owner of that portion of land upon which these Orders of Conditions have been placed shall provide to the NACC prior to transferring, or 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. 49. 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, C:\Winword\OOC\RoyalCrestEstates.doe 6 NACC 9/27/2007 i NACC #32 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). DURING CONSTRUCTION 50. Accepted engineering and construction standards and procedures shall be followed in the completion of the project. 51. Any de-watering activities anticipated shall be supervised and witnessed by the designated erosion control monitor. This designee must be on-site while work 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. 52. The applicant shall remove the fill material within wetland area "C" and restore the area to its previous condition. These restoration activities shall be conducted by hand unless otherwise approved by the Conservation Department or the Environmental monitor/wetlands professional. The Erosion Control Monitor/Professional Wetland Scientist shall be on site to monitor said restoration activities. Further,the NACC shall be notified at least 48 hours in advance of commencement of said restoration activities and shall be notified immediately upon completion. 53. 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. 54. No exposed area shall remain unfinished for more than thirty (30) days, unless approved by the NACC. 55. No re-grading in the buffer zone shall have a slope steeper than 2:1 (horizontal: vertical). Slopes of steeper grade shall be permanently stabilized using clean, stone riprap or biodegradable matting. C:\Winword\OOC\RoyalCrestEstates.doc 7 NACC 9/27/2007 NACC #32 56. There shall be no stockpiling of soil or other materials within twenty-five (25) feet of any resource area. 57. Washings from concrete trucks, or surplus concrete, shall not be directed to, any drainage system, or wetland resource area. 58. 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. 59. 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 60. 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. 61. 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. 62. 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 NRCS standards. If the latter course is chosen, stabilization will be considered complete once vegetative cover has been achieved. 63. Upon approved site stabilization by Conservation staff,the erosion controls shall be removed and properly disposed of and exposed area underneath the erosion controls shall be seeded for permanent stabilization. C:\Winword\OOC\RoyalCrestEstates.doc 8 NACC 9/27/2007 NACC #32 64. 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. ➢ "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 anv disturbance of soils or vegetation. ➢ Location of all subsurface utilities entering the property. 65. The following special conditions shall survive the issuance of a Certificate of Compliance (COC) for this project: ➢ The applicant must file an Abbreviated Notice of Resource Area Delineation prior to any future project submittal (Condition#30); C:\Winword\OOC\RoyalCrestEstates.doc 9 NACC 9/27/2007 NACC #32 I ➢ 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 #31); ➢ Discharge or spillage of pollutants (Condition#59); ➢ Prohibition of underground fuels (Condition #60); ➢ Limitations on the use of fertilizers,herbicides and pesticides (Condition #61). C:\Winword\OOC\RoyalCrestEstates.doc 10 NACC 9/27/2007 NACC #32 APPENDIX A -AFFIDAVIT I, on oath do hereby depose and state: (authorized agent of applicant and/ or owner) (PLEASE CHECK AT LEAST ONE BLOCK) 1) I am the of (position with applicant) (applicant's name) the applicant upon whom the Order of Conditions have been (DEP or NACC File#) placed upon by the North Andover Conservation Commission (NACC). and / or 2) I am the of (position with owner) (owner) the owner upon whose land Order of Conditions have been (DEP or NACC File#) placed upon by the NACC. ♦ I hereby affirm and acknowledge that I have received said Order of Conditions and have read the same and understand each and every condition,which has been set forth in said Order of Conditions. ♦ I hereby affirm and acknowledge that on this day of ' 20-----, 1 inspected said property together with any and all improvements, which have been made to the same and hereby certify that each and every condition set forth in 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:\Winword\OOC\RoyalCrestEstates.doe 11 NACC 9/27/2007 V Massachusetts Department of Environmental Protection Bureau of Resource Protection - Wetlands DEP File Number: WPA Form 5 - Order of Conditions NACC#32 E. Issuance This Order is valid for three years, unless otherwise specified as a special 7A 7 condition pursuant to General Conditions#4, from the date of issuance. 1. Date off Issu ce Please indicate the number of members who will sign this form: Ic 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 prope er, if different from applicant. Signatures: Notary Acknowledgement Commonwealth of Massachusetts County of Essex North On this Day 1 fh of Mon s&o1e wb - Yea900 7 Before me, the undersigned Notary Public, <c-d+ IaS6.--- personally appeared Name of Document Signer proved to me through satisfactory evidence of identification, which was/were Massachusetts License Description of evidence of identification to be the person whose name is signed on the preceding or attached document, and acknowledged to me that he/she signed it voluntarily for its stated purpose. As member of North Andover Conservation Commission City/Town DONNA M.WEDGE t:OTP.RY PU^!!' rTS Signature of Notary Public Printed Name of Notary Public Place notary seal and/or any stamp above S171 4009 My Comfniss4n Expires(Date) This Order is issued to the applicant as follows: ❑ by hand delivery on ❑ by certified mail, return receipt requested, on Date Date wpaform5.doc• rev.3/1/05 Page 7 of 9 F Massachusetts Department of Environmental Protection Bureau of Resource Protection - Wetlands DEP File Number: WPA Form 5 - Order of Conditions NACC#32 F. Appeals The applicant, the owner, any person aggrieved by this Order, any owner of land abutting the land subject to this Order, or any ten residents of the city or town in which such land is located, are hereby notified of their right to request the appropriate DEP Regional Office to issue a Superseding Order of Conditions. The request must be made by certified mail or hand delivery to the Department, with the appropriate filing fee and a completed Request of Departmental Action Fee Transmittal Form, as provided in 310 CMR 10.03(7) within ten business days from the date of issuance of this Order. A copy of the request shall at the same time be sent by certified mail or hand delivery to the Conservation Commission and to the applicant, if he/she is not the appellant. Any appellants seeking to appeal the Department's Superseding Order associated with this appeal will be required to demonstrate prior participation in the review of this project. Previous participation in the permit proceeding means the submission of written information to the Conservation Commission prior to the close of the public hearing, requesting a Superseding Order or Determination, or providing written information to the Department prior to issuance of a Superseding Order or Determination. The request shall state clearly and concisely the objections to the Order which is being appealed and how the Order does not contribute to the protection of the interests identified in the Massachusetts Wetlands Protection Act, (M.G.L. c. 131, §40) and is inconsistent with the wetlands regulations (310 CMR 10.00). To the extent that the Order is based on a municipal ordinance or bylaw, and not on the Massachusetts Wetlands Protection Act or regulations, the Department has no appellate jurisdiction. Section G, Recording Information is available on the following page. wpaform5.doc• rev.3/1/05 Page 8 of 9 w Massachusetts Department of Environmental Protection Bureau of Resource Protection - Wetlands DEP File Number: WPA Form 5 - Order of Conditions NACC#32 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: Turnpike Street, Royal Crest Estates NACC#32 Project Location DEP File Number Has been recorded at the Registry of Deeds of: County Book Page fo r: Property Owner and has been noted in the chain of title of the affected property in: Book Page In accordance with the Order of Conditions issued on: Date If recorded land, the instrument number identifying this transaction is: Instrument Number If registered land, the document number identifying this transaction is: Document Number Signature of Applicant wpaform5.doc• rev.3/1/05 Page 9 of 9 N _ Royal Crest Estates 50aRoyal Crest Drive Mark Johnson - Contact NUMBER •' COMMONWEALTH OF MASSACHUSETTS BHP-2017-0362 North Andover FEE $100.00 BOARD OF HEALTH Cornerstone -------------------------------------------------------------------------------------- NAME 50 ROYAL CREST DR ------------------------------------------------------------------ I ------ ----------------------------------- ADDRESS IS HEREBY GRANTED A PERMIT Trench Permit Trench permit,excavation to expose existing foundation&footing at big 16 to allow for repair of foundation drainage&waterproofing This permit is granted in conformity with the Statutes and ordinances relating thereto, and expires ----------------July-20, 2017 unless sooner suspended or revoked. -------------------- =, - -- April 20, 2017 , - .. :. ------ BOARD OF HEALTH ---------------- i �_.� ; ----------------------------------------------------------------- ----------------------------------------------------------------- BOARD OF HEALTH CHAIRMAN NUMBER COMMONWEALTH OF MASSACHUSETTS BHP-2017-0362 North Andover FEE $100.00 BOARD OF HEALTH Cornerstone ------------------------------------------------- - --- -- - - - - - - - - - - --- -- NAME 50 ROYAL CREST DRIVE ------------------------------ ---------------------------------------------------------- ADDRESS IS HEREBY GRANTED A PERMIT Trench Permit Trench permit,excavation to expose existing foundation&footing at blg 16 to allow for repair of foundation drainage&waterproofing This permit is granted in conformity with the Statutes and ordinances relating thereto, and expires ________________July 20, 2017 unless sooner suspended or revoked. April 20, 2017 ------------------------------------------------------ - - - BOARD OF - - ------------- -�---- --------------------- HEALTH ----------------------------------------------------------------- BOARD OF HEALTH CHAIRMAN f NORTH 9 7825 t. F •_ 09 r Y Town of North Andover �;s,,,,•.»sir HEALTH DEPARTMENT SACHUSf CHECK#: 0 DATE: y / 2 LOCATION: -50 _ C/ H/O NAME: CONTRACTOR NAME: r 'd Type of Permit or License:(Check box) ❑ Animal $ ❑ Body Art Establishment $ ❑ Body Art Practitioner $ ❑ Dumpster $ ❑ Food Service-Type: $ ❑ Funeral Directors $ ❑ Massage Establishment $ ❑ Massage Practice $ ❑ Offal(Septic)Hauler $ ❑ Recreational Camp $ ❑ Sun tanning $ ❑ Swimming Pool $ ❑ Tobacco $ ❑ Trash/Solid Waste Hauler $ ❑ Well Construction $ j SEPTIC Systems: ❑ Septic-Soil Testing $ ❑ Septic-Design Approval $ ❑ Septic Disposal Works Construction(DWC) $ ❑ Septic Disposal Works Installers(DWI) $ ❑ Title 5 Inspector $ ❑ Title 5 Report $ Ether(Indicate) $ Agent Initials White-Applicant Yellow-Health Pink-Treasurer TOWN OF NORTH ANDOVER Permit Number NORTH ANDOVER,MASSACHUSETTS 01845 Date Issued `eD 7. A Expiration Date ID ��SS'iCfiliS S� C tlVV ppR ,� �2p11 Jackie's Law — Permit Application Pursuant to G.L. c. 82A §1 and 520 CMR 7.00 et seq.(as amended) THIS PERMIT MUST BE FULLY COMPLETED PRIOR TO CONSIDERATION Name of Applicant Cornerstone Land Consultants, Inc. Phone Cell Street Address 2 Bridgeview Circle,Unit 2 (978)433-8100 City/Town MA I ZIP Tyngsboro 01879 Name of Excavator(if different from applicant) Phone Cell Street Address Heider Construction City/Town MA ZIP Tewksbury 01876 Name of Owner(s)of Property Phone Cell Street Address AIMCO North Andover,LLC 50 Royal Crest Drive City/Town MA ZIP North Andover 01845 Other Contact Permit Fee Received No Yes Description,location and purpose of proposed trench: Please describe the exact location of the proposed trench and its purpose(include a description of what is(or is intended)to be laid in proposed trench(eg;pipes/cable lines etc..)Please use reverse side if additional space is needed. b(C"A-TON TO E &4.ISn NLj j:ouQtxncN 'ri�tq Arr 3u t cj�,i& I Ca Ta OP Pc�oiwb�AXX:i&j Insurance Certificate#: ^ L. Ito( ( -5 S 4. see A-rr 4cgigL i Name and Contact Information of Insurer: (6bo 1425 ­961—S -Policy Expiration Date: Z Dig Safe#: e� '74>1-7 Name of Competent Person(as defined bj 520 CMR 7.02): �Q S+�--P-4 Fi S . 4s1*b � Massachusetts Hoisting License# License Grade: t' (jEx iration Date: 8 BY SIGNING THIS FORM, THE APPLICANT, OWNER, AND EXCAVATOR ALL ACKNOWLEDGE AND CERTIFY THAT THEY ARE FAMILIAR WITH, OR, BEFORE COMMENCEMENT OF THE WORK, WILL BECOME FAMILIAR WITH, ALL LAWS AND REGULATIONS APPLICABLE TO WORK PROPOSED,INCLUDING OSHA REGULATIONS,G.L.c. $2A,520 CMR 7.00 et seq.,AND ANY APPLICABLE MUNICIPAL ORDINANCES, BY-LAWS AND REGULATIONS AND THEY COVENANT AND AGREE THAT ALL WORK DONE UNDER THE PERMIT ISSUED FOR SUCH WORK WILL COMPLY THEREWITH IN ALL RESPECTS AND WITH THE CONDITIONS SET FORTH BELOW. THE UNDERSIGNED OWNER AUTHORIZES THE APPLICANT TO APPLY FOR THE PERMIT AND THE EXCAVATOR TO UNDERTAKE SUCH WORK ON THE PROPERTY OF THE OWNER, AND ALSO, FOR THE DURATION OF CONSTRUCTION,AUTHORIZES PERSONS DULY APPOINTED BY THE MUNICIPALITY TO ENTER UPON THE PROPERTY TO MONITOR AND INSPECT THE WORK FOR CONFORMITY WITH THE CONDITIONS ATTACHED HERETO AND THE LAWS AND REGULATIONS GOVERING SUCH WORK. THE UNDERSIGNED APPLICANT,OWNER AND EXCAVATOR AGREE JOINTLY AND SEVERALLY TO REIMBURSE THE MUNICIPALITY FOR ANY AND ALL COSTS AND EXPENSES INCURRED BY THE MUNICIPALITY IN CONNECTION WITH THIS PERMIT AND THE WORK CONDUCTED THEREUNDER,INCLUDING BUT NOT LIMITED TO ENFORCING THE REQUIREMENTS OF STATE LAW AND CONDITIONS OF THIS PERMIT,INSPECTIONS MADE TO ASSURE COMPLIANCE THEREWITH,AND MEASURES TAKEN BY THE MUNICIPALITY TO PROTECT THE PUBLIC WHERE THE APPLICANT OWNER OR EXCAVATOR HAS FAILED TO COMPLY THEREWITH INCLUDING POLICE DETAILS AND OTHER REMEDIAL MEASURES DEEMED NECESSARY BY THE MUNICIPALITY. THE UNDERSIGNED APPLICANT,OWNER AND EXCAVATOR AGREE JOINTLY AND SEVERALLY TO DEFEND,INDEMNIFY,AND HOLD HARMLESS THE MUNICIPALITY AND ALL OF ITS AGENTS AND EMPLOYEES FROM AND ALL ,CAUSES OR ACTION,COSTS,AND EXPENSES RESULTING FROM OR RISING OUT OF ANY IN Y, DEATH, LOSS, OR DAMAGE TO ANY PERSON OR PROPERTY URING THE WORK CONDUCTED UNDER THIS PERMIT. APPLICANT SIG DATEAt EXCAVAT R SIGNATURE(IF DIFFERENT) DATE OWNER'S SIGNATURE(IF DIFFERENT) DATE: ..-_._......... ----------------------- _— _.� 2 1 P a g e CONDITIONS AND REQUIREMENTS PURSUANT TO G.L.C.82A AND 520 CMR 7.00 et seq. (as amended) By signing the application,the applicant understands and agrees to comply with the following: i. No trench may be excavated unless the requirements of sections 40 through 40D of chapter 82,and any accompanying regulations,have been met and this permit is invalid unless and until said requirements have been complied with by the excavator applying for the permit including,but not limited to,the establishment of a valid excavation number with the underground plant damage prevention system as said system is defined in section 76D of chapter 164(DIG SAFE); ii. Trenches may pose a significant health and safety hazard. Pursuant to Section 1 of Chapter 82 of the General Laws,an excavator shall not leave any open trench unattended without first making every reasonable effort to eliminate any recognized safety hazard that may exist as a result of leaving said open trench unattended. Excavators should consult regulations promulgated by the Department of Public Safety in order to familiarize themselves with the recognized safety hazards associated with excavations and open trenches and the procedures required or recommended by said department in order to make every reasonable effort to eliminate said safety hazards which may include covering, barricading or otherwise protecting open trenches from accidental entry. iii. Persons engaging in any in any trenching operation shall familiarize themselves with the federal safety standards promulgated by the Occupational Safety and Health Administration on excavations:29 CFR 1926.650 et.seq.,entitled Subpart P"Excavations". iv. Excavators engaging in any trenching operation who utilize hoisting or other mechanical equipment subject to chapter 146 shall only employ individuals licensed to operate said equipment by the Department of Public Safety pursuant to said chapter and this permit must be presented to said licensed operator before any excavation is commenced; V. By applying for,accepting and signing this permit,the applicant hereby attests to the following:(1)that they have read and understands the regulations promulgated by the Department of Public Safety with regard to construction related excavations and trench safety; (2)that he has read and understands the federal safety standards promulgated by the Occupational Safety and Health Administration on excavations:29 CMR 1926.650 et.seq.,entitled Subpart P"Excavations"as well as any other excavation requirements established by this municipality;and(3)that he is aware of and has,with regard to the proposed trench excavation on private property or proposed excavation of a city or town public way that forms the basis of the permit application,complied with the requirements of sections 40- 40D of chapter 82A. vi. This permit shall be posted in plain view on the site of the trench. For additional information please visit the Department of Public Safety's website at www.mass.gov/das I i 3 1 P a g e t rt Summary of Excavation and Trench Safetx Regulation(520 CMR 14.00 et sea.) This summary was prepared by the Massachusetts Department of Public Safety pursuant to G.L.c.82A and does not include all requirements of the 520 CMR 14.00. To view the full regulation and G.L.c.82A,go to www/mass.gov/dps Pursuant to M.G.L. c. 82, § 1, the Department of Public Safety,jointly with the Division of Occupational Safety, drafted regulations relative to trench safety. The regulation is codified in section 14.00 of title 520 of the Code of Massachusetts Regulations. The regulation requires all excavators to obtain a permit prior to the excavation of a trench made for a construction-related purpose on public or private land or rights-of-way, All.municipalities must establish a local permitting authority for the purpose of issuing permits for trenches within their municipality. Trenches on land owned or controlled by a public(state)agency requires a permit to be issued by that public agency unless otherwise designated. In addition to the permitting requirements mandated by statute, the trench safety regulations require that all excavators,whether public or private,take specific precautions to protect the general public and prevent unauthorized access to unattended trenches. Accordingly,unattended trenches must be covered,barricaded or backfilled. Covers must be road plates at least V thick or equivalent;barricades must be fences at least 6'high with no openings greater than 4" between vertical supports; backfilling must be sufficient to eliminate the trench. Alternatively, excavators may choose to attend trenches at all times,for instance by hiring a police detail,security guard or other attendant who will be present during times when the trench will be unattended by the excavator. The regulations further provide that local permitting authorities,the Department of Public Safety,or the Division of Occupational Safety may order an immediate shutdown of a trench in the event of a death or serious injury;the failure to obtain a permit; or the failure to implement or effectively use adequate protections for the general public. The trench shall remain shutdown until re-inspected and authorized to re-open provided, however,the excavators shall have the right to appeal an immediate shutdown. Permitting authorities are further authorized to suspend or revoke a permit following a hearing. Excavators may also be subject to administrative fines issued by the Department of Public Safety for identified violations. Summary of 1926 CFR Subpart P-OSHA Excavation Standard This is a worker protection standard,and is designed to protect employees who are working inside a trench. This summary was prepared by the Massachusetts Division of Occupational Safety and not OSHA for informational purposes only and does not constitute an official interpretation by OSHA of their regulations,and may not include all aspects of the standard. For further information or a full copy of the standard go to www.osha_gov. Trench Definition per the OSHA standard: o An excavation made below the surface of the ground,narrow in relation to its length. o In general,the depth is greater than the width,but the width of the trench is not greater than fifteen feet. • Protective Systems to prevent soil wall collapse are always required in trenches deeper than 5',and are also required in trenches less than 5'deep when the competent person determines that a hazard exists. Protection options include: o Shoring. Shoring must be used in accordance with the OSHA Excavation standard appendices,the equipment manufacturer's tabulated data,or designed by a registered professional engineer. o Shielding(Trench Boxes). Trench boxes must be used in accordance with the equipment manufacturer's tabulated data,or a registered professional engineer. o Sloping or Benching. In Type C soils(what is most typically encountered)the excavation must extend horizontally 1 i/2 feet for every foot of trench depth on both sides, I foot for Type B soils, and%foot for Type A soils. o A registered professional engineer must design protective systems for all excavations greater than 20'in depth. continued 4Page • Ladders must be used in trenches deeper than 4'. o Ladders must be inside the trench with workers at all times,and located within 25'of unobstructed lateral travel for every worker in the trench. o Ladders must extend 3'above the top of the trench so workers can safely get onto and off of the ladder. • Inspections of every trench worksite are required: o Prior to the start of each shift,and again when there is a change in conditions such as a rainstorm. o Inspections must be conducted by the competent person(see below). ® Competent Person(s)is: o Capable(i.e.,trained and knowledgeable)in identifying existing and predictable hazards in the trench,and other working conditions which may pose a hazard to workers,and o Authorized by management to take necessary corrective action to eliminate the hazards. Employees must be removed from hazardous areas until the hazard has been corrected. • Underground Utilities must be: o Identified prior to opening the excavation(e.g.,contact Dig Safe). o Located by safe and acceptable means while excavating. o Protected,supported,or removed once exposed. • Spoils must be kept back a minimum of 2'from the edge of the trench. s Surface Encumbrances creating a hazard must be removed or supported to safeguard employees. Keep heavy equipment and heavy material as far back from the edge of the trench as possible. • Stability of Adjacent Structures: o Where the stability of adjacent structures is endangered by creation of the trench,they must be underpinned,braced,or otherwise supported. o Sidewalks,pavements,etc.shall not be undermined unless a support system or other method of protection is provided. • Protection from water accumulation hazards: o It is not allowable for employees to work in trenches with accumulated water. If water control such as pumping is used to prevent water accumulation,this must be monitored by the competent person. o If the trench interrupts natural drainage of surface water,ditches,dikes or other means must be used to prevent this water from entering the excavation. • Additional Requirements: o For mobile equipment operated near the edge of the trench,a warning system such as barricades or stop logs must be used. o Employees are not permitted to work underneath loads. Operators may not remain in vehicles being loaded unless vehicles are equipped with adequate protection as per 1926.601(b)(6). o Employees must wear high-visibility clothing in traffic work zones. o Air monitoring must be conducted in trenches deeper than 4'if the potential for a hazardous atmosphere exists. If a hazardous atmosphere is found to exist(e.g.,02<19.5%or>23.5%,20% LEL,specific chemical hazard),adequate protections shall be taken such as ventilation of the space. o Walkways are required where employees must cross over the trench. Walkways with guardrails must be provided for crossing over trenches>6'deep. o Employees must be protected from loose rock or soil through protections such as scaling or protective barricades. S�Page Aco® CERTIFICATE OF LIABILITY INSURANCE FDATE(MM/DDNYYY) 4/4/2017 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED,the policy(ies)must be endorsed. If SUBROGATION IS WAIVED,subject to the terms and conditions of the policy,certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER CONTACT Cindy Valiton W.E. Noyes 6 Son Insurance Agency, Inc. PHONE , (978)425-9595 FaCNo:(978)425-9160 73 Front St E-MAIL ADDRESS: P.O. BOX 1248 INSURERS AFFORDING COVERAGE NAIC# Shirley MA 01464-1248 INSURERAESSeX Insurance Company INSURED INSURER B:Hartford Underwriters Ins. Co. Cornerstone Land Developers, Inc. INSURERC: PO BOX 657 INSURER D: 61 Main St INSURER E: Pepperell MA 01463 INSURER F: COVERAGES CERTIFICATE NUMBER-CL1661355046 REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR I ADDLSUEIR POLICY EFF POLICY EXP LTR TYPE OF INSURANCE POLICY NUMBER MM/DD MM/DD LIMITS X COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE $ 1,000,000 DAMAGE TO RENTED A CLAIMS-MADE X OCCUR PREMISES Ea occurrence $ 5O,000 3EA5422 6/10/2016 6/10/2017 MED EXP(Any one person) $ 10,000 PERSONAL 8 ADV INJURY $ 1,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $ 2,000,000 X POLICY 11JELOC PRODUCTS-COMP/OP AGG $ 2,000,000 OTHER: Employee Benefits $ AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT $ Ea accident ANY AUTO BODILY INJURY(Per person) $ ALL OWNED SCHEDULED BODILY INJURY Per accident $ AUTOS AUTOS ( ) HIRED AUTOS NON-OWNED PROPERTY DAMAGE AUTOS Per accident $ $ X UMBRELLA LIAROCCUR EACH OCCURRENCE $ 2,000,000 A EXCESS LIAB X CLAIMS-MADE AGGREGATE $ 5,000,000 DED I X I RETENTION$ 10t000 MAPXS00005504 6/10/2016 6/10/2017 $ WORKERS COMPENSATION PER OTH- AND EMPLOYERS'LIABILITY YIN STATUTEI ER ANY PROPRIETOR/PARTNERIEXECUTIVEE.L.EACH ACCIDENT $ 1,000,000 B OFFICER/MEMBER EXCLUDED? �N/A (Mandatory in NH) 6S60UB-OG12678-7-16 6/18/2016 6/18/2017 E.L.DISEASE-EA EMPLOYEE $ 1,000,000 If rdescribe under IPTIO DESCRN OF OPERATIONS below E.L.DISEASE-POLICY LIMIT $ 1,000,000 DESCRIPTION OF OPERATIONS/LOCATIONS I VEHICLES(ACORD 101,Additional Remarks Schedule,may be attached if more space is required) Property Name - Royal Crest Estates (North Andover) Contract # 21319 - 428089 - CPe - 00001. Coverage includes owner as additional insured as expressly nominated under the insurance provisions of the contract. CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE AIMCO NORTH ANODVER, LLC. THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN 50 ROYAL CREST DRIVE ACCORDANCE WITH THE POLICY PROVISIONS. NORTH ANDOVER, MA 01845 AUTHORIZED REPRESENTATIVE Ted Noyes/CVALIT GO ©1988-2014 ACORD CORPORATION. All rights reserved. ACORD 25(2014/01) The ACORD name and logo are registered marks of ACORD INS0251gmanii Request Number: 20171100222 Date 03/13/2017 Time 07:46 Latitude: Longitude: State: MASSACHUSETTS Municipality: NORTH ANDOVER Address/Intersection: 16 ROYAL CREST DR Nearest Cross Street 1: MERRIMACK COLLEGE Nearest Cross Street 2: STATE HWY 125 Additional Information: Nature Of Work: INSTALLING FOUNDATION DRAIN Area Of Work: 50 RADIUS AROUND THE BUILDING AND 175'TO THE BASIN IN FRONT OF BUILDING 15 Area Is Premarked:Y Start Date: 03/16/2017 Start Time: 08:00 Caller: JAMES HEIDER Title: MGR Return Call: Phone#: 978-851-2652 Fax#: 978-455-2670 Alt.Phone#: 978-606-1435 Email Address: JIMHEIDER@HOTMAIL.COM Contractor: HEIDER BUILDING ASSOC Address: P O BOX 217 City: TEWKSBURY State: MA Zip: 01876 Excavator Doing Work: HEIDER Member Utility List Code Abbreviation F Name EG CMAGAS COLUMBIA GAS OF MASSACHUSETTS ME NGRDEL NATIONAL GRID ELECTRIC-MASS ELEC SE VERIZN VERIZON I TV COMCAS COMCAST I ON ONTARG ON TARGET LOCATING RJ VERIZN= VERIZON • There may be non-member utilities in the area that you need to notify. • Electric and other companies may not mark lines they don't own or maintain. You may want to contact them for more information. • The excavator is responsible to maintain markings placed by member utilities... 5 R �f Z� (✓�`G u � hrs �r�s Commonwealth of Massachusetts 100135769 ­ ] Asbestos Notificatio �.� Decal Number RECEIVED OCT Important: When filling out A. Asbestos Abatement D i=` APARTMENT i forms on the computer,use 1. a. Is this facility fee exempt-city, town, district, municipal housing authority, owner-occupied only the tab key residence of four units or less? ❑Yes ❑✓ No to move your - - cursor-do not b. Provide blanket decal number if applicable: -- ----- —. use the return Blanket Decal Number key. 2. Facility Location: j ROYAL CREST ESTATES i50 ROYAL CREST DRIVE V(--'­ , ._..__._.__..____._......._._._ _ a.Name of Facilit b.Street Address NORTH ANDOVER � �i'JiA � :,01845 J [6034011206 ## Y d.State e.Zip Code f.Telephone Number II c.Cit /Town _. ._.i INSTRUCTIONS 3• Worksite Location: 1.All sections of this rMULTIPLE [MULTIPLE L= form must be a. Building Name/Building Location b. Building# c.Wing d. Floor e.Room completed in order to comply with 4. Is the facility occupied? (✓Yes ❑ No DEP notification requirements of 310 CMR 7.15 5. Asbestos Contractor: and the Division of Occupational ABSOLUTE ENVIRONMENTAL CONTRACTO 114 KENOZA AVE SafeDOS ------.-----_.__..____._.....____ _ Safety(DOS) a. Name .__,_..._..__,_...,.._...._._...__�____._._.._ �__._._._. _...,_._._,__. _ _ b.Address _ notification -~— --- -.-.-_.._..._.__..____.._...._._._ .., requirements of 453 HAVERHILL f01830 9784201492 CMR 6.12 C.Cit /Town d.Zip Code e.Telephone Number f.DOS License Number--"--...._.__..._._...._..._ ) g. Contract Type: ❑Written ❑Verbal CHRIS MCNULTY PRESIDNET .__..._ _______ h. Facility Contact Person i.Contact Person's Title WILSON R. SOTO AS032321 6. - .-......__._..._ a.Name of On-Site Supervisor/Foreman" b'.Su ervisor/Foreman DOS Certification Number7. SMITH i WESSEL AA000161 a. Name of Project Monitor _ b" Project Monitor DOS Certification Number ' r SMITH &WESSEL- [A4000161 8. _�_....._.._..__.__.._... ...... _ ___. I a. Name of Asbestos Anal tical Lab - __y__..__.__ ...._._..__ _ b.Asbestos Analytical Lab DOS Certification Number__ ---- 10/19/2011 (11/9/2011 i �_0 9. a. Project start Date(mm/dd/pyyy� . End Datemm/dy�yL �` - m.._._._.._. 0 7:30-3:30 N c.Work hours Mon-Fri. d.Work hours Sat-Sun. �o 10. a. What type of project is this? —o ❑ Demolition _� Renovation '—' [✓] Repair %Wf Other, please specify: b.Describe 11. a. Check abatement procedures: o ✓ Glove ba `y -- g L-: Encapsulation o ❑✓ Enclosure LJ Disposal only ❑ Cleanup m Other, specify: -Z [� Full containment b.Describe Q 12. Is the job being conducted: µ^ Indoors? W(I Outdoors? anf001 ap.doc-10/02 Asbestos Notification Form•Page 1 of 3 s� LJCommonwealth of Massachusetts 100135769 Asbestos Notification Form ANF-001 Decal Number A. Asbestos Abatement Description (cont.) 13. Total amount of each type of Asbestos Containing Materials (ACM) to be removed, enclosed, or encapsulated' 10 _ 7000 _ a.Total pipes or ducts(linear ft)i o a o er su aces sq4uare c.Boiler,breaching,duct,tank L surface coatings Lin,ft. S ft."-� d. Insulating cement ---"-"------ q• Lin.ft. Sq.ft. e.Corrugated or layered paper -� L 7000 pipe insulation Lin.ft. Sq.ft. f.Trowel/Sprayer coatings Lin.ft. Sq.ft. g.Spray-on fireproofing L Lin.ft. gq� -ft;"'�'-"'•� h.Transite board,wall board �---------1 l_ (Lin.ft. i.Cloths,woven fabrics -� [� j.Other,please specify: L---� Lin,ft. S ft. _ Lin.ft" Sq,ft. k.Thermal,solid core pipe insulation 1 Lin.ft. Sq.ft. I.Specify ` 14. Describe the decontamination system(s)to be used: MOBILE 3 STAGE DECONTAMINATION 15. Describe the containerization/disposal methods to comply with 310 CMR 7.15 and 453 CMR 6.14(2) (g): _ WET, DOUBLE BAG 16. For Emergency Asbestos"Operations, the DEP and DOS officials who evaluated the emergency: a. _am ------_ a.Name of DEP Official _______.______.._..._..__�__. __ c.Date mm/dd/ ---""----- ---_-.J ( yyyy)of Authorization ------.-_.. d. DEP Waiver# _.... e. Name of DOS Official _ QD-0-S-U�—icial .N g.Date(mm/dd/yyyy)of Authonzation­ h. DOS Waiver# 0 17. Do prevailing wage rates as per M.G.L. c. 149, §26, 27 or 27A-F apply to this project? (-]Yes [✓] No B. Facility Description N —�0 1. Current or prior use of facility: APARTMENT BUILDING - "- 2. Is the facility owner-occupied residential with 4 units or less? ❑Yes ,Zv' No 3. AIMCON__. __ " _____ I �REENWOOD _QUARE _____'_ -0 a.Facility Owner Name b.Address - � o BENSALEM, PA i 19020412-946-0361 �� o c.Cit/ Town d.Zi Code e.Telephone Number(area code and extension) LL 4. �Z a. Name of Facility Owner's On-Site Manager b.On-Site Manager Address l -_ - ��_Tt_y/T_own d.Zip Code e.Telephone Number(area code and extension) - "" anf001ap.doc-10102 Asbestos Notification Form-Page 2 of 3 i Commonwealth of Massachusetts `00135769 Asbestos Notification Form ANF-001: Decal Number J B. Facility Description (cont.) 5. a.Name of General Contractor b.Address c. n Zi City/Tow — d. Telephone I-- _ip_C__odee e.Tele hone Number area code and extension _ f.Contractor's Worker's Comp. Insurer .POlicy Number h. Exp.Date(mm/dd/y 4 6. What is the size of this facility? 20,000 : flo a.Square Feet b.Number of ors­ � C. Asbestos Transportation and Disposal 1. Transporter of asbestos-containing material from site to temporary storage site (if necessary): ABSOLUTE CONTRACTO [RKENOZA AVE 114 J Note:Transfer a.Name of Transporterb.Address µ Stations must HAVERHILL, NH _ - comply with the ------ __._._, 119007 19784201492 Solid Waste c.City/Town d.Zip Code e.Telephone Number Division g 2. Transporter of asbestos-containing waste material from removal/temporary site to final disposal site: Regulations 310 CMR 19.000 SERVICE _._........___.___.._. _ PO BOX 2132 a.Name of Trans orter b.Address BRISTOL, PA ) `19007 I `2158269226 C.Cit /Town d.Zip Code e.Telephone Number 3. . _... --� a. Refuse Transfer Station and Owner--- b.Address w ——--- ��Zitv/To=w" _�� dZi Code e.Tele honeNumber 4. INEENTERPRISES INC a.Final Disposal Site Location Name b. Final Disposal Site Location Owner's Name -- 9000 MINERVA ROAD ----"— ~--- WAYNESBURG c.Final Disposal OH _. 144688 - -Y�..._-" e.State L-- .��C0 f.Zip Code g.Telephone Number �o D. Certification N The undersigned hereby states, under the CHRIS MCNULTY CHRIS MCNUL_TY �o penalties of perjury, that he/she has read the - a. Name b __ o Commonwealth of Massachusetts regulations -- .Authorized Signature _ for the Removal, Containment or [PRESIDENT 10/5/2011 Encapsulation of Asbestos,453 CMR 6.00 and c. Position/Title d. DaLemm/dd/yyvv) 310 CMR 7.15, and that the information 9784201492 ABSOLUTE ENVIRONME contained in this notification is true and correct e.Tel Number f.Representing"" �o to the best of his/her knowledge and belief. [114 KENOZA AVE �,o g.Address ��_ 5�1LLHAVERHILL, MA 01830 �� h.City/Town i.Zip Code �Q anf001ap.doc•10/02 Asbestos Notification Form•Page 3 of 3 Gf NOR7M,M Z 5 / V 3 ti ai0i&A9 Town of North Andover .;,s .: HEALTH DEPARTMENT S4�HUSf a0l CHECK#: DATE: LOCATION: H/O NAME: CONTRA TO NAME: a pS� , Type of Permit or License: (Check box) ❑ Animal $ ❑ Body Art Establishment $ ❑ Body Art Practitioner $ ❑ Dumpster $ ❑ Food Service-Type: $ ❑ Funeral Directors $ ❑ Massage Establishment $ ❑ Massage Practice $ ❑ Offal(Septic)Hauler $ ❑ Recreational Camp $ ❑ Sun tanning $ ❑ Swimming Pool $ ❑ Tobacco $ ❑ Trash/Solid Waste Hauler $ ❑ Well Construction $ SEPTIC Systems: ❑ Septic-Soil Testing $ ❑ Septic-Design Approval $ ❑ Septic Disposal Works Construction(DWC) $ ❑ Septic Disposal Works Installers(DWI) $ ❑ Title 5 Inspector $ ❑ Title 5 Report $ "Other. (Indicate) $ W /7 Health Agent Initials White-Applicant Yellow-Health Pink-Treasurer TOWN OF NORTH ANDOVER Permit Number NORTH ANDOVER,MASSACHUSETTS 01845 C� Date IssuedµORT} � / Expiration Date SSACHUS�t Jackie's Law — Permit Application Pursuant to G.L. c. 82A §1 and 520 CMR 7,00 et seq.(as amended) THIS PERMIT MUST BE FULLY COMPLETED PRIOR TO CONSIDERATION Name of Applicant phone Cell I� �-- t1 5e0rzs (��s �narJ Street Address �S Klo Thi City/Town MA ZIP ezr--� MA 01� Name of Excavator(if different from applicant) Phone Cell Street Address City/Town MA ZIP Name of Owner(s)of Property Phone Cell (A k%,-4 Co LLCI Street Address 2c;q City/Town MA ZIP 4j�twja?— gag Other Contact p..11(_,t h! A-Z-ZQ Permit Fee Received No Ye - Description,location and purpose of proposed trench: Please describe the exact location of the proposed trench and its purpose(include a description of what is(or is intended)to be laid in proposed trench(eg;pipes/cable lines etc..)Please use reverse side if additional space is needed. j OKI AT" �(t.r� l a•jf-, �, I U , f l l Z2j , 22 25 ,Zit 31 del A-X Insurance Certificate#: LA-tjoA 0?6 SSG - 61 C�� kw P c 6 rakr s+b(yd . vt-� Name and Contact Information of Insurer: — k.©0_ 9 — �L 7 -20 Cl-InSS woo,0..S. Polic Ex iration Date: Dig Safe Name of Competent Perso =Y, 20 MR 7. 2 : Massachusetts Hoisting License# 32-2/ License Grade: Expiration Date: BY SIGNING THIS FORM, THE APPLICANT, OWNER, AND EXCAVATOR ALL ACKNOWLEDGE AND CERTIFY THAT THEY ARE FAMILIAR WITH, OR, BEFORE COMMENCEMENT OF THE WORK, WILL BECOME FAMILIAR WITH, ALL LAWS AND REGULATIONS APPLICABLE TO WORK PROPOSED,INCLUDING OSHA REGULATIONS,G.L. c. 82A,520 CMR 7.00 et seq., AND ANY APPLICABLE MUNICIPAL ORDINANCES, BY-LAWS AND REGULATIONS AND THEY COVENANT AND AGREE THAT ALL WORK DONE UNDER THE PERMIT ISSUED FOR SUCH WORK WILL COMPLY THEREWITH IN ALL RESPECTS AND WITH THE CONDITIONS SET FORTH BELOW, THE UNDERSIGNED OWNER AUTHORIZES THE APPLICANT TO APPLY FOR THE PERMIT AND THE EXCAVATOR TO UNDERTAKE SUCH WORK ON THE PROPERTY OF THE OWNER, AND ALSO, FOR THE DURATION OF CONSTRUCTION,AUTHORIZES PERSONS DULY APPOINTED BY THE MUNICIPALITY TO ENTER UPON THE PROPERTY TO MONITOR AND INSPECT THE WORK FOR CONFORMITY WITH THE CONDITIONS ATTACHED HERETO AND THE LAWS AND REGULATIONS COVERING SUCH WORK. THE UNDERSIGNED APPLICANT,OWNER AND EXCAVATOR AGREE JOINTLY AND SEVERALLY TO REIMBURSE THE MUNICIPALITY FOR ANY AND ALL COSTS AND EXPENSES INCURRED BY THE MUNICIPALITY IN CONNECTION WITH THIS PERMIT AND THE WORK CONDUCTED THEREUNDER,INCLUDING BUT NOT LIMITED TO ENFORCING THE REQUIREMENTS OF STATE LAW AND CONDITIONS OF THIS PERMIT,.INSPECTIONS MADE TO ASSURE COMPLIANCE THEREWITH,AND MEASURES TAKEN BY THE MUNICIPALITY TO PROTECT THE PUBLIC WHERE THE APPLICANT OWNER OR EXCAVATOR HAS FAILED TO COMPLY THEREWITH INCLUDING POLICE DETAILS AND OTHER REMEDIAL MEASURES DEEMED NECESSARY BY THE MUNICIPALITY. THE UNDERSIGNED APPLICANT,OWNER AND EXCAVATOR AGREE JOINTLY AND SEVERALLY TO DEFEND,INDEMNIFY,AND HOLD HARMLESS THE MUNICIPALITY AND ALL OF ITS AGENTS AND EMPLOYEES FROM ANY AND ALL LIABILITY,CAUSES OR ACTION,COSTS,AND EXPENSES RESULTING FROM OR ARISING OUT OF ANY INJURY, DEATH, LOSS, OR DAMAGE TO ANY PERSON OR PROPERTY DURING THE WORK CONDUCTED UNDER THIS PERMIT. APP CANT S GNATURE A7 DATE //77 Z EXC VATOR,SIGNATU (IF DIFFERENT) DATE OW ER' GIFATURE(IF DIFFERENT) DATE: IL ......................_.---- .._._�.------......._._............... ._..,. —_ .........,.. ——_.. .._._.....__ .._..__,.._.................._.....-- ---- ......__.-.._-....__. 2 1 P a g e i �C��DI���SZ's7 /� �.. �AL �Y :. rr .� � �� i r s��^x„�-+"'"x.� �,4•� 1,5 � r L '•3.:• `GSH' !'4 s .' r '.f( •--, i' 4 } p--u- l "''•� F F �. �..4 rt! t ,r r ..,,!"'� '[- ,✓ ,,1 ' t. t/' t?` jy',1,.; e'—ffr<.,. �f .��r 1 �r CONDITIONS AND REQUIREMENTS PURSUANT TO G.L.C.82A AND 520 CMR 7.00 et seq. (as amended) By signing the application,the applicant understands and agrees to comply with the following: i. No trench may be excavated unless the requirements of sections 40 through 40D of chapter 82,and any accompanying regulations,have been met and this permit is invalid unless and until said requirements have been complied with by the excavator applying for the permit including,but not limited to,the establishment of a valid excavation number with the underground plant damage prevention system as said system is defined in section 76D of DI chapter 164 p (DIG SAFE); ii. Trenches may pose a significant health and safety hazard. Pursuant to Section 1 of Chapter 82 of the General Laws,an excavator shall not leave any open trench unattended without first making every reasonable effort to eliminate any recognized safety hazard that may exist as a result of leaving said open trench unattended. Excavators should consult regulations promulgated by the Department of Public Safety in order to familiarize themselves with the recognized safety hazards associated with excavations and open trenches and the procedures required or recommended by said department in order to make eve reasonable effort to eliminate said t1 safety hazards which may include covering, barricading or otherwise protecting open trenches from accidental entry. Persons engaging in any in any trenching operation shall familiarize themselves with the federal safety standards promulgated by the Occupational Safety and Health Administration on excavations:29 CFR 1926.650 et.seq.,entitled Subpart P"Excavations". iv. Excavators engaging in any trenching operation who utilize hoisting or other mechanical equipment subject to chapter 146 shall only employ individuals licensed to operate said equipment by the Department of Public Safety pursuant to said chapter and this permit must be presented to said licensed operator before any excavation is commenced; V. By applying for,accepting and signing this permit,the applicant hereby attests to the following:(1)that they have read and understands the regulations promulgated by the Department of Public Safety with regard to construction related excavations and trench safety; (2)that he has read and understands the federal safety standards promulgated by the Occupational Safety and Health Administration on excavations: 29 CMR 1926.650 et.seq.,entitled Subpart P"Excavations"as well as any other excavation requirements established by this municipality;and(3)that he is aware of and has,with regard to the proposed trench excavation on private property or proposed excavation of a city or town public way that forms the basis of the permit application,complied with the requirements of sections 40- 40D of chapter 82A. vi. This permit shall be posted in plain view on the site of the trench. For additional information please visit the Department of Public Safety's website at www.mass.gov/dps 3 1 P a g e 1 NORTH ANDOVER HEALTH DEPARTMENT • North Andover, MA 01845 Tel. 978 688-9540 • Fax: 978 688-9542 email: healthdept@townofnorthandover.com Complaint Investigation/Inspection Report OWNER -�� 0A A4 ADDRESS 0 DATE qL v' L�tZ �- L v n a� _ S Rev.6/04 INSPECTOR 141 J Commonwealth of Massachusetts 10_0137828 Decal Number Asbestos Notification Form ANF-001 $ 1 �wy. .,.._, u.. RECEIVED r• Important: A. Asbestos Abatement Description tion TC7wNQFNORTH AfJt?QVER When filling out HEALTH DEPARTMENT forms the computer,use 1 a. Is this facility fee exempt city, town, district, municipal housing authority, owner-occupied only the tab key residence of four units or less? ❑Yes ✓❑ No _. _ _....___—___�______._..... to move your cursor-do not b. Provide blanket decal number if applicable: -- ------ ------ ---- - -- use the return Blanket Decal Number key. 2. Facility Location: + ROYAL CREST ESTATES 150 ROYAL CREST DRIVE a.Name of Facility -�_ _ b. Street Address NORTH ANDOVER rrMA 101845 `` c.City/Town d.State e.Zip Code f.Telephone Number INSTRUCTIONS 3. Worksite Location: 1.All sections of this MULTIPLE __.. T form must be a.Building Name/Building Location b.Building# c.Wing d.Floor e. Room completed in order to comply with 4. Is the facility occupied? Z Yes ❑ No DEP notification requirements of 310 CMR 7.15 5. Asbestos Contractor: andthe Division - _ _�.---___.___._.__._._.__.____.. ___-__, ___ __._.__.___._..___ _.__._._.___.-__.........................._...._.__...__................... of Occupational rABSOLUTE ENVIRONMENTAL CONTRACTOR 114 KENOZA AVE (. ............................_.........................................................,................_.................._.............................................., f............................................._..............---___..................... ..._................_..........................._..............................._.............. Safety(DOS) a.Name _ notification HAVERHILL 01830 x9784201492 requirements of 453 ____ _ _--___� �__ _-� L _ __ —------- ------ __.._..-...._.........�--.V__...... ._! QMR 6.12 c.City[Town _ _ d.�Code - e.Telephone Number ` AC000755 f. DOS License Number g. Contract Type: C] Written '_J Verbal CHRIS MCNULTY PRESIDENT j _. ___ _ __ __ _...._......_._.-...__._..._.__.-.._.___............. .. h.FacilityContact Person i.Contact Person's Title DANA STARK AS035201 _ ' a. Name of On-Site Supervisor/Foreman b. Supervisor/Foreman DOS Certification Number SMITH & WESSEL AA000161 i _. _ _-__ a. Name of Project Monitor _ __- _...._._.. b. Project Monitor UOS Certification Number SMITH & WESSEL AA000161 8 -----.--. ___... __._�._.----.____-.__...____-.-----._.._.__.� -_—_._.__.._ _ __....__._... _.__.. .... .. a.Name of Asbestos Analytical Lab _ b.Asbestos Analvtical Lab DOS Certification Number,,,,, 1/9/2011 111/25/2011 L__ - ------------------- — �0 9' a. Pro,)ect Start Date(mm/dd/yyyy) b. End Date(mm/dd/yyyy) 0 7AM-4PM __.__._ �N c.Work hours Mon-Fria---T-T- -- - d.Work hours Sat-Sun. —o 10. a. What type of project is this? o ❑ Demolition !-1 Renovation [✓� Repair 7_] Other, please specify: b. Describe 11. a. Check abatement procedures: o (✓� Glove bagEnca p ,� sulation 1 0 W1 Enclosure ❑ Disposal only _LL ❑ Cleanup ❑ Other, specify: _ ❑✓ Full containment b. Describe —Z =Q 12. Is the job being conducted: Z Indoors? [:]Outdoors? anf001ap.doc-10/02 Asbestos Notification Form-Page 1 of 3 a Y Commonwealth of Massachusetts D 100137828 Asbestos Notification Form ANF-001 Decal Number A. Asbestos Abatement Description (cont.) 13. Total amount of each type of Asbestos Containing Materials (ACM) to be removed, enclosed, or encapsulated: _ 1 1050 a.Total pipes or ducts l inear ) o-fal 6W r su-aces square � � c.Boiler,breaching,duct,tank r d. Insulating cement 1..................................i I...........„7�... _._F surface coatings Lin.ft. Sq.ft. Lin.ft. Sq.ft. e.Corrugated or layered paper t_ — ..................................... i f.Trowel/Sprayer coatings pipe insulation Lin.ft. Sq.ft. Lin.ft. Sq.ft. ----- g.Spray-on fireproofing �-- ----- h.Transite board,wall board -- Lin.ft. Sq.ft. Lin.ft. Sq.f1 _ . i.Cloths,woven fabrics - --- j.Other,please specify: 1050 Lin.ft. S ft. __ Lin.ft. --7 — — k.Thermal,solid core pipe JOINT CMPND insulationLin.ft. Sq.ft. I.Specify_-._.._ _._..__.._.-_._._........._._......_.-. ..._.._.._..._._......-...................................................... 14. Describe the decontamination system(s) to be used: __... ............._...._............._......... ....--.....- - _ _............................._..............._......__..................................._._...........-....................................._.................................................. ............................, 13 STAGE DECONTAMINATION UNIT 15. Describe the containerization/disposal methods to comply with 310 CMR 7.15 and 453 CMR 6.14(2) (g): WET, DOUBLE BAG 16. For Emergency Asbestos Operations, the DEP and DOS officials who evaluated the emergency: _.._.._._._..._...__—__..._.- _....... INSPECTOR a. Name of DEP Official b.Title 1/7/291i1 1111949W _ �- -_..-._�( _ _ _7'-- _*_ _.... _........._..............-......_..__..._..___.__........._..........................,.................................... _. ..... c.Date(mm/dd/yyyy)of Authorization d.DEP Waiver# ED ON LINE SYSTEM US __. _-.________..._...._._.__....._._._-...__.-__._..-...__.................... _-..._._._..__..._.__..............._. � _ _T _......_......__ e..Name of DOS Official f. DOS Official itie — 11/8/2011I.._!.-585-2011 N g. Date(mm/dd/yyyy)of Authorization h. DOS Waiver# 0 17. Do prevailing wage rates as per M.G.L. c. 149, § 26, 27 or 27A—F apply to this project? [ Yes ✓. No B. Facility Description o1. Current or prior use of facility: APARTMENTS......._............................_...._................................................................................._...................................................... ............. _( 2. Is the facility owner-occupied residential with 4 units or less? u Yes ✓ No AIMCOGREENWOOD SQUARE 2 ��� �_ _._._. _^ _.__.._..__..._.___..-._.___...._.._..._....i 3' a.Facility Owner Name b.Address ° BENSALEM, PA ry _—_� 119020 -- ---- --.—.._....._...._.._..................._............_! o C.Cit Ec/ wn_ _ _ d.Zip Code e.TeleAhone Number(area code and extension Im LL 4. �__ ___ �. �' a: Name of Facility Owner's On-Site Manager b.On-Site Manager Address Z _.. .......... .... ......... ... .... ... ... ..... . .i Q c.City/Town d.Zip Code e.Telephone Number(area code and extension) anf001ap.doc•10/02 Asbestos Notification Form•Page 2 of 3 a Commonwealth of Massachusetts ..A, 100137828 ' Decal Number Asbestos Notification Form ANF-001 B. Facility Description (cont.) 5. a.Name of General Contractor b.Address L._..__._.._...... .._.................................................... ...........__.................._.........._) (..................................._............_.._I L........................_........._. c.City/Town_ d.Zip Code e.Telephone Number(area code and extension) .. ___.__._..._._ _3 L __ __ �, L-._._ f.Contractor's Worker's Comp. insurer .Policy Number _ h.Exp.Date(mm/dd/yyyy) 6. What is the size of this facility? a.S' care Feet T T -�m umber of floors Sq C. Asbestos Transportation and Disposal 1. Transporter of asbestos-containing material from site to temporary storage site (if necessary): ABSOLUTE ENVIRONMENTAL CONTRACTO 114 KENOZA AVE Note:Transfer a.Name of Transporter _ b.Address_ ............. Stations must HAVERHILL, MA 01830 9784201492 comply with the �—_� �_._........_._ P Y c.City/Town d.Zip Code e.Telephone Number Solid Waste Division 2. Transporter of asbestos-containing waste material from removal/temporary site to final disposal site: Regulations 310 CMR 19.000 SERVICE TRANSPORT PO BOX 2132 .__................._................_...................................................._...................__.._._................................................_........................_-........._. a.Name of Transporter__ b.Address BRISTOL, PA - � j 19007 21 158269226.....,_- _ _.__.___......_.._._._____.........._._............ c.Ci /Town __ _ _ _ d.Zie Code e;Telephone Number _ll c 3. a. Refuse_Transfer Station and Owner_ Lb.Address a City/Town _ _ d.Zip Code e_Telephone Number _......................__.___.................._.; 4. IMINERVA ENTERPRISES INC a_Final DisposaLSite Location Name b_Final Disposal Site Location Owner's Name 9000 MINERVA ROAD WAYNESBURG c. Final Disposal Site Address ._ d.Citown OH I 44688 � _ __....._---___._.-.._-_.....__._......_. e.State f.Zip Code g.Telephone Number 0 ° D. Certification N .— The undersigned hereby states, under the CHRIS MCNULTY —_ CHRIS MCNULTY _ ..... ........................_.... -. ..........._...... �0 penalties of perjury, that he/she has read the (a.,.NameWy _ _ _ .._..._.............. _........ b.Authorized Signature O Commonwealth of Massachusetts regulations CPRESIDENT 11/8/2011 for the Removal, Containment or '-- - --- ----- - -' -- ---------- ----- Encapsulation of Asbestos,453 CMR 6.00 and c._Position/Title _ _ „ _ d. Date(_mm/dd/yyyyJ__ „,,,,,,,,,,,,,,,,,, 9784201492 11 ((ABSOLUTE ENVIRONME _ 310 CMR 7.15, and that the information �.__ __ ____ _.__ _.____-..__ I L._ _ .__.. .._..-__..... contained in this notification is true and correct e.Telephone Number f. Representing _ O to the best of his/her knowledge and belief. 114 KENOZA AVE ------------....-----.................................................._........_........................................................................................................................... ........-............__ o .Address HAVERHILL, MA 01830 h.City/Town i.Zip Code Z Q anf001ap.doc•10/02 Asbestos Notification Form•Page 3 of 3 A Massachusetts Department of Environmental Protection 100135769 Bureau of Waste Prevention — Air Quality Decal Number L Project Revision Notification T For Asbestos Notification ANF-001 and AQ 06 Important: A. FacilityLocation When filling out forms on the computer,use ROYAL CREST ESTATES only the tab key 1.Name of Facility to move your 50 ROYAL CREST DRIVE cursor-do not 2.Street Address use the return —--- - key. NORTH ANDOVER MA �� 3.City 4.State 5.Zip Code �� 6034011206 6.Telephone Number �� R - INSTRUCTIONS B. Project Cancelled 1. This form is +, only available for Check here if this project is/was cancelled. online filing of L N QF N�iFtTH ANDOVER project date ALTH DEPARTMENT revisions. 2. Enter project decal number. C. Project Dates 3. Validate thatthe project X10/19/2011 111/9/2011 location is correct I 1.._O_riginal Start Date(mm/dd/yyyy) _ _ 2.Original End DateLm/dd/yyyy�__, for the entered I decal. � _ I � �. 3.Latest Revised Start Date(mm/dd/yyyy) 4.Latest Revised End Date(mm/dd/yyyy) 4. Enter your new project dates. 5. Certify your notification. D. Revised Project Dates Submit date _ changes. 12/2/2011 1.Revised Start Date(mm/dd/yyyy) 2.Revised End Date Date(mm/dd/yyyy) E. Other Project Revisions i F. Revision History EDEP: 11/02/2011 12:02:37 PM OTHERPROREV: WORK TO BE.CONDUCTED INDOORS AS WELL AS OUTDOORS ................___..__ _._.. __._........._........_.___ anf06pdrn.doc•rev.2/5/04 J, Massachusetts Department of Environmental Protection 100 ........._..................................._........._.............. Bureau of Waste Prevention — Air Quality Decal Number }',,, Project Revision Notification For Asbestos Notification ANF-001 and AQ 06 G. Certification The undersigned hereby states, under the penalties of perjury,that he/she has read the Commonwealth of Massachusetts regulations for the Removal, Containment or Encapsulation of Asbestos,453 CMR 6.00 and 310 CMR 7.15, and that the information contained in this notification is true and correct to the best of his/her knowledge and belief. CHRIS MCNULTY CHRIS MCNULTY _ _ _._....._......._.__.............._.______........_----_-.--_—__._.........._..__._.._..__._.___ �._. ..................... 1. Name Authorized Siqnature PRESIDENT 11/9/2011 _.._...... _............_3 2. Position/Title __._ _ 3. Date�mm/dd/y-yYY1.._................__ _....,..,,,,,.,.,., ABSOLUTE ENVIRONMENTAL 9784201492 4. Re^resentin 5. Telephone 114 KENOZA AVE 6. Address HAVERHILL, MA 01.830 7. City/Town 8. Zip Code anf06pdrn.doc•rev.2/5/04 50 ROYAL CREST DRIVE Complaint Detail Printed On:Tue Aug 18,2015 Complaint#: CT-2016-000011 Status: jClosed GIS#: Violator: Royal Crest Estates �itxoy� Address: 50 ROYAL CREST DRIVE Map: Address: 50 Royal Crest Drive • Date Recvd.: Aug-10-2015 ITime Recvd.: 10:32 AM Block: NORTH ANDOVER, MA 018 Category: Mosquitoes Lot: Type: Commercial GeoTMS Module: Board of Health District: Trade: food Recorded By: Isusan Sawyer Zoning: I Istrneture:1 Description Complaint: Complaint received regarding a stanand cement frog pond.Possible mosquito breeding location.Sue Sawyer spoke with Brian Nicholas the site manager.He gave her permission to contact NEMMC.Emailed NEMMC to ask them to go out and treat if there was a concern for breeding.Asked NEMMC to communicate with Royal Crest and the Health Department if any actions need to be taken. NEMMC contacted Susan Sawyer.They did not see any mosquito larvae.Pond was not treated.Susan spoke with Royal Crest management and they stated that the pond is scheduled to be redone next year.Case closed. Comments: Inspector Assigned to Complaint: Susan Sawyer Contacts Contact Type Date Time Name Phone Best Time To Reach Recorded By Response Caller Aug-10-2015 10:32 Anonymous Susan Sawyer Follow-up by NEMMC AM Actions Taken GeoTMS ivlodule Status Date Time Response Type Action Taken Comments Board of Health REFERRAL GeoTMS®2015 Des Lauriers Municipal Solutions, Inc. Page 1 of 1 Blackburn, Lisa From: Sawyer, Susan Sent: Monday, August 10, 2015 4:03 PM To: NEMMC Cc: Grant, Michele; Blackburn, Lisa Subject: frog pond Bill, I received a call today. Could you check on something for us?There is a cement frog pond, at Royal Crest Apartments on Rte 114,that is of concern as a mosquito breeding location.The pond is going to be upgraded next year, but right now it is a stagnant pool of 2—3 feet of water leaves and debris.We received a complaint of concern from anonymous residents. It was drained last year with intention to be fixed this year, but budget priorities pushed it out a year. I spoke with site manager Brian Nicholas—cell# 401829-3318 Brian gave me permission to ask you to take action The pond is directly behind building 8 or 6 at the back emergency exit of the property; 1) Could NEMMC go by and see if it is of concern for breeding 2) Could you treat it if possible 3) Please communicate with Royal Crest Management and also let me know if you do take any actions Thank you, Susan Susan Sawyer Public Health Director Town of North Andover 1600 Osgood Street Suite 2035 North Andover,MA 01845 Phone 978.688.9540 Fax 978.688.8476 Email mailto:ssawver@townofnorthandover.com Web www.TownofNorthAndover.com 1 TOWN OF NORTH ANDOVER Permit Number tc 59n NORTH ANDOVER,MASSACHUSETTS 01845 �tOR714 Date Issued c7-A3 /3 Expiration Date ssACKU Jackie's Law — Permit Application Pursuant to G.L. c. 82A §1 and 520 CMR 7.00 et seq.(as amended) THIS PERMIT MUST BE FULLY COMPLETED PRIOR TO CONSIDERATION Name of Applicant pp L.v /h AW aj Phone Cell Street Address w�aa. di 65 aR��.��aoa W. MA 0z �� 7 � � � •�� - a 2 g 39 City/Town tt A ZIP ���TitvJ --34A M Name of r 'Excavator(if different from applicant) Phone Cell I. 1/ J'1. J CO A Street Address S A n 2 $Rht 2 City/Town MA ZIP Name of Owner(s)of P oper��yy u..0 Phone Cell ,4(14 C 0 N . Mduv 0a Street Address City/Town MA zIP ry. tQlitt & Other Contact Permit Fee Received No Y Description,location and purpose of proposed trench: Please describe the exact location of the proposed trench and its purpose(include a description of what is(or is intended)to be laid in proposed trench(eg;pipes/cable lines etc..)Please use reverse side if additional space is needed. FouA& cl +hooj Insurance Certificate pf NORTH{ ~ ti 6590 F p Town of North Andover HEALTH DEPARTMENT SACMUSt CHECK#: DATE: LOCATION: 1 H/O NAME: CONTRACTOR NAME: V Type of Permit or License:(Check box) ❑ Animal $ ❑ Body Art Establishment $ ❑ Body Art Practitioner $ ❑ Dumpster $ ❑ Food Service-Type: $ ❑ Funeral Directors $ ❑ Massage Establishment $ ❑ Massage Practice $ ❑ Offal(Septic)Hauler $ ❑ Recreational Camp $ ❑ Sun tanning $ ❑ Swimming Pool $ ❑ Tobacco $ ❑ TrashlSolid Waste Hauler $ ❑ Well Construction $ SEPTIC Systems: ❑ Septic-Soil Testing $ ❑ Septic-Design Approval $ ❑ Septic Disposal Works Construction(DWC) $ ❑ Septic Disposal Works Installers(DWI) $ i ❑ Title 5 Inspector $ ❑ Title 5 Report $ � � I Other. (Indicate) f) . � M $ � Health Agent Initials White-Applicant Yellow-Health Pink-Treasurer i Name and Contact Information of Insurer: i C . G'a it a.►'4 o- ec -,7;4 a 617-3 S"4 -4 L Ya Policy Expiration Date: O O Dig Safe#: n 013- ,3` 3 74) — 6 Name of Competent Person(as defined by 520 CMR 7.02): 1. .v. M * wIJ Massachusetts Hoisting License# H G - I SS317 License Grade: A Expiration Date: .�'"1 BY SIGNING THIS FORM, THE APPLICANT, OWNER, AND EXCAVATOR ALL ACKNOWLEDGE AND CERTIFY THAT THEY ARE FAMILIAR WITH, OR, BEFORE COMMENCEMENT OF THE WORK, WILL BECOME FAMILIAR WITH, ALL LAWS AND REGULATIONS APPLICABLE TO WORK PROPOSED,INCLUDING OSHA REGULATIONS,G.L.c. 82A,520 CMR 7.00 et seq.,AND ANY APPLICABLE MUNICIPAL ORDINANCES,BY-LAWS AND REGULATIONS AND THEY COVENANT AND AGREE THAT ALL WORK DONE UNDER THE PERMIT ISSUED FOR SUCH WORK WILL COMPLY THEREWITH IN ALL RESPECTS AND WITH THE CONDITIONS SET FORTH BELOW. THE UNDERSIGNED OWNER AUTHORIZES THE APPLICANT TO APPLY FOR THE PERMIT AND THE EXCAVATOR TO UNDERTAKE SUCH WORK ON THE PROPERTY OF THE OWNER, AND ALSO, FOR THE DURATION OF CONSTRUCTION,AUTHORIZES PERSONS DULY APPOINTED BY THE MUNICIPALITY TO ENTER UPON THE PROPERTY TO MONITOR AND INSPECT THE WORK FOR CONFORMITY WITH THE CONDITIONS ATTACHED HERETO AND THE LAWS AND REGULATIONS GOVERING SUCH WORK. THE UNDERSIGNED APPLICANT,OWNER AND EXCAVATOR AGREE JOINTLY AND SEVERALLY TO REIMBURSE THE MUNICIPALITY FOR ANY AND ALL COSTS AND EXPENSES INCURRED BY THE MUNICIPALITY IN CONNECTION WITH THIS PERMIT AND THE WORK CONDUCTED THEREUNDER,INCLUDING BUT NOT LIMITED TO ENFORCING THE REQUIREMENTS OF STATE LAW AND CONDITIONS OF THIS PERMIT,INSPECTIONS MADE TO ASSURE COMPLIANCE THEREWITH,AND MEASURES TAKEN BY THE MUNICIPALITY TO PROTECT THE PUBLIC WHERE THE APPLICANT OWNER OR EXCAVATOR HAS FAILED TO COMPLY THEREWITH INCLUDING POLICE DETAILS AND OTHER REMEDIAL MEASURES DEEMED NECESSARY BY THE MUNICIPALITY. THE UNDERSIGNED APPLICANT,OWNER AND EXCAVATOR AGREE JOINTLY AND SEVERALLY TO DEFEND,INDEMNIFY,AND HOLD HARMLESS THE MUNICIPALITY AND ALL OF ITS AGENTS AND EMPLOYEES FROM ANY AND ALL LIABILITY,CAUSES OR ACTION,COSTS,AND EXPENSES RESULTING FROM OR ARISING OUT OF ANY INJURY, DEATH, LOSS, OR DAMAGE TO ANY PERSON OR PROPERTY DURING THE WORK CONDUCTED UNDER THIS PERMIT. APP__ 6I�LLIICANT SIGNATURE - _ . tU. &A&4^ DATE q f EXCAVATOR SIGNATURE(IF DIFFERENT) DATE OWNER'S SIGNATURE(IF DIFFERENT) DATE: 2 1 P a g c ..:.a...,..-R �-% �::t:':r-._.+_r,,...ti,..,r,.-....;. �+ 3�"LL ..k'1P Z �r..g-.� -L.�Y=_;=.r.tc,=.1Y: �'i4"� •, � fi .k. i +�_ x y :S+ 2f'-+�',. �,kr, �rhJ " ,. .•,.. k^e r^S 'a'X'r �" -aJ `"' c r•��-`r k 1 y vn.R-: }�j s �. %'"'�-dk r"' ,Y rr •F r � " .�1, tY�j��''{{ - 4 ....aa._zk�Y�n.,,,.",_.,,, -s_a:-,., >.._T..n =_,', ;.=?2�.� - •�rcr_ _ _ "'"?-r`';"�`"=-.�ca,_._ v/rF -rav - :K - .. ...r. ,.,.- l.,-_ _... ....... ....... _. .....:.. .-. _- -...r.:.. ......fes..:::,:-.,.:..r »� - -1=Win'`'_ i:;i:c=` .-,:r/`.i�'•a: .^:�`.l..Jrr.-_.r .c✓..... �-. _ n_-a:' .a.......,_..-�, ... ter, :.'7.r....r_.__.%.. .-... - r._i(%;f ':,.�.:..n•..y(r„ - .... .,.....-3„arr._.,.+r �.."�.rw„f.L...<_ ,.r. ,..<.-:..-. ,✓.._,._.i.,._:_�:_._.._.:._., '`%l`ir...i=//`�:.� - .� .,/CG.'. .-.(�yn:::.�.�-s;.:;4:_ CONDITIONS AND REQUIREMENTS PURSUANT TO G.L.C.82A AND 520 CMR 7.00 et seq. (as amended) By signing the application,the applicant understands and agrees to comply with the following: i. No trench may.be excavated unless the requirements of sections 40 through 40D of chapter 82,and any accompanying regulations,have been met and this permit is invalid unless and until said requirements have been complied with by the excavator applying for the permit including,but not limited to,the establishment of a valid excavation number with the underground plant damage prevention system as said system is defined in section 76D of chapter 164(DIG SAFE); ii. Trenches may pose a significant health and safety hazard. Pursuant to Section 1 of Chapter 82 of the General Laws,an excavator shall not leave any open trench unattended without first making every reasonable effort to eliminate any recognized safety hazard that may exist as a result of leaving said open trench unattended. Excavators should consult regulations promulgated by the Department of Public Safety in order to familiarize themselves with the recognized safety hazards associated with excavations and open trenches and the procedures required or recommended by said department in order to make every reasonable effort to eliminate said safety hazards which may include covering, barricading or otherwise protecting open trenches from accidental entry. Persons engaging in any in any trenching operation shall familiarize themselves with the federal safety standards promulgated by the Occupational Safety and Health Administration on excavations:29 CFR 1926.650 et.seq.,entitled Subpart P"Excavations". iv. Excavators engaging in any trenching operation who utilize hoisting or other mechanical equipment subject to chapter 146 shall only employ individuals licensed to operate said equipment by the Department of Public Safety pursuant to said chapter and this permit must be presented to said licensed operator before any excavation is commenced; V. By applying for,accepting and signing this permit,the applicant hereby attests to the following:(1)that they have read and understands the regulations promulgated by the Department of Public Safety with regard to construction related excavations and trench safety; (2)that he has read and understands the federal safety standards promulgated by the Occupational Safety and Health Administration on excavations:29 CMR 1926.650 et.seq.,entitled Subpart P"Excavations"as well as any other excavation requirements established by this municipality;and(3)that he is aware of and has,with regard to the proposed trench excavation on private property or proposed excavation of a city or town public way that forms the basis of the permit application,complied with the requirements of sections 40- 40D of chapter 82A. vi. This permit shall be posted in plain view on the site of the trench. For additional information please visit the Department of Public Safety's website at www.mass.goy/dps 3 1 P a g e Commonwealth of Massachusetts L -e 7 Asbestos Notificat' A%Nf 001 1 - 02- 0TOWN OF NORTH ANDOVER C � Important: When filling out A. Asbestos Abatement ' MTMENT forms on the computer,use 1• a. Is this facility fee exempt-city, town, district, municipal housing authority, owner-occupied only the tab key residence of four units or less? ❑Yes 0 No to move your ---7 cursor-do not b. Provide blanket decal number if applicable: I - - - --- -----1 use the return Blanket Decal Number key. w 2. Facility Location: ROYAL CREST ESTATES T �50 ROYAL CREST DRIVE a.Name of Faali ___ b.Street Address I - LNORTH ANDOVERIMA .01845 6034011206 c.City/Town d.State e.Zip Code f.Telephone Number INSTRUCTIONS 3. Worksite Location: 1.All sections of this MULTIPLE _ jMULTIP.LE form must be a.Building Name/Building Location b.Building# c.Wing d.Floor _ e.Room completed in order to comply with 4. Is the facility occupied? :v 1 Yes u No DEP notification requirements of 310 CMR 7.15 5. Asbestos Contractor: and the Division - ----- of Occupational NMENTAL CONTRACT (, BSET ENVIRO 114 K_ENOZA AVE Safe DOS Safety(DOS) a.Name b.Address__ notification 19784201492 -dress — --- HAVERHILL requirements of 453 �� 01830 � 9784( 201492 CMR 6.12 c.City//Town d.Zip Codee.Telephone Number AC000755 _ f.DOS License Number " g• Contract Type: El Written 01'Verbal CHRIS MCNULTY 1PRESIDENT ! ,h- F-ac-ility Contact Person ' i.Contact Person's Title IWILI SONR. SOTO AS032321TWµ� 6 a.Name of On-Site Su ervisor/Foreman b.Supervisor/Foreman DOS Certification Number7. SMITH &WESSEL IAA000161 i a.Name of Proiect Monitor _ b.Pro•ect Monitor DOS Certification Number 'SMITH &WESSEL AA 00 0161 . - -__- _.. — ..__1 I._ _ _ _ I -- 8' a..Name of Asbestos A.naW,_6al.Labh.Asbestos Analytical Lab DOS Certification Number =0 9. 6/8/2011 i 7/29/2011 aProject Start Date(mm/dd/yyy) bb.E�mm/dd/yyy_y) 7:30-3:30 �N c.Work hours Mon-Fri. W' d.Work hours Sat-Sun. "^ �o 10. a. What type of project is this? =o 1 1, Demolition [ Renovation IVI Repair i—I Other, please specify: b.Describe 11. a. Check abatement procedures: _moo [✓ Glove bag Encapsulation o ✓Z Enclosure Disposal only =LL [J Cleanup Other, specify: Full containment b.Describe --z �Q 12. Is the job being conducted: Indoors? [Zli Outdoors? anf001ap.doc•10/02 Asbestos Notification Form•Page 1 of 3 "'— commonwealth of Massachusetts 100126814 ^� 1, Decal Number Asbestos Notification Form ANF-001 cont. A. Asbestos Abatement Description ( rials (ACM)to be removed, enclosed,or 13. Total amount of each type of Asbestos Containing Mate encs sulated: 7000 �0 r�~I �.�--- a.Total pipes or ducts(linear ft) b. o a of er surface`s quare ) "_1 i------ Sq. � d.Insulating cement ft. _! Linr ft ___ c.Boiler,breaching,duct,tank __._--� ' J 7000 surface coatings Lin_.f Sq � f.TrowellSprayer coatings Lin. Sq�i e.Corrugated or layered paper Lin. pipe insulation I Il wail board — -Sq� h.Transite board, " Linr�ft_;____1 g.Spray-on fireproofing Lin.ft. Sq ft. i Other,please specify: Lin.ft. i.Cloths,woven fabricsLin.ft�� Sr-q ft---- —I k.Thermal,solid core pipe , ISq ft -J' I.Specify Lin.ft. insulation 14. Describe the decontamination systems)to be used' -- MOBILE TS3 AGE DECONTAMINATION UNIT with 310 CMR 7.15 and 453 CMR 15. Describe the containerizationldisposal methods to comply 6.14(2)(9): -- ----------J WET, DOUBLE BAG Asbestos Operations,the DEP and DOS officials who evaluated the emergency: 16. For Emergency -- �- ^ ----- b.Title a.Name of DEP Official fd.DEP Waiver# c.Date(mm/ddlyyyy of Authorization I ---- f DOS Official Name of e.NDOS ,r--�---' h.DOS Waiver# g.Date(mmlddlyyyy)of Authorization I-!Yes No --.-- 26 27 or 27A-F apply to this project? 0 17. Do prevailing wage rates as per M.G.L. C. 149, § Description ______ B. Facility _ iN APARTMENT BUILDING s0 1. Current or prior use of facility: ied residential with 4 units or less? ❑Yes ✓ No 2. Is the facility owner-occup _ -----i �2 GREENWOOD SQUARE, - • —� AIMCO --- b.Address 3 LBEN�SALEKPA act owner Name _. 1412-946-0361 o . . a90p�od e.Tele hone Number area code and extensionZ�______ o c.Cit (Town b.On-Site Manag re Address �� 4• a.Name of Facility O.__�!v_ner S On-Site manager _ --�' ---- e.Telephone Number(area code and extension) Z d.Zip Code Asbestos Notification Form•Page 2 of 3 MM Q C.City/Town s anfoo1ap.doc•10102 ­aW0s-N0tific6tion Form•Page 3 of 3 Town of North Andover °� 40RTN SSlt1 6S tiO Office of the Health Department Community Development and Services Division 27 Charles Street North Andover,Massachusetts 01.845 p"SA USES Susan Y.Sawyer,RENS/RS Public Health Director 978.688.9540-Phone 978.688.9542-Fax E-Mail:healthd.ePK@?townofnorthandover.com Website:h!W://www.townofnorthandover.com. Letter Of Compliance DATE: December 16,2004 TO OWNER OF RECORD PROPERTY LOCATION Royal Crest Estates 20 Royal Crest Estates Apt: 3 Attn: Mark Johnson, Manager North Andover, MA. 01845 North Andover, MA 01845 50 Royal Crest Drive North Andover, MA 01845 A Health Department ORDER LETTER dated November 2nd,2004 was issued to you as owner of record of the property listed above citing violations of the State Sanitary Code,105 CMR 410.000,Minimum Standards of Fitness for Human Habitation. A re-inspection of the property has found that all of the violations noted on the Order Letter have been corrected. The Health Department would like to thank you for your cooperation. Sincerely, 1 ichele E. rant Public Health Inspector Xc: File Laurie Johnson AIMCO BOARD OF APPEALS 688-9541 BUILDING 688-9545 CONSERVATION 688-9530 HLALT11 688-9540 PLANNING 688-9535 l I DEFINITION ANNEX TO APARTMENT LEASE 1. Landlord:AIMCO North Andover,LLC ADDITIONAL DEFINED TERMS 2. Landlord's Representative Contact.Information:OP Property 1. Definition Annex: This Definition Annex to Apartment Lease. Management,LLC is Landlord's Representative. Landlord's Representative is Landlord's agent. 2. Additional Live-In Resident: A person who is under 18 years of age,or has a legal guardian, at the time of the Lease Start Date or when the 3. Landlord's Address and Phone Number: 978-681-1822 applicable Renewal Term begins, as identified in Resident's rental application or as subsequently changed with the prior written consent of 50 Royal Crest Drive;North Andover,MA 01845 Landlord. 4. Landlord's E-Mail Address: 042391Aaimeo.com 3. Lease Term: The term commencing on the Lease Start Date and ending 5. Resident(s): on the Lease End Date. The Lease Term also includes any Renewal Term, or other extension of the Lease. 4. Common Areas: All parking lots, driveways, walkways, passageways, landscaped areas, laundry rooms, recreational areas and other areas and facilities available for common use by residents. 5. Community Rules: Any and all written Community policies, rules or 6. Resident's Address: The address of the Apartment Home. procedures,all of which shall be considered part of this Lease. 7. Additional Live-In Residents: 6. Landlord's Related Parties: Collectively, Landlord, Landlord's Representative and the respective officers,directors,members,managers, partners,shareholders,employees,affiliates,agents and representatives of Landlord and Landlord's Representative. 7. Resident Parties. Resident,Additional Live-In Residents and their guests and invitees. 8. Community: Royal Crest Estates(North Andover) 8. Rent Concession: Any rent or similar concession,whether by free rent, partially abated rent,reimbursed expenses,waived fees or otherwise. 9. Apartment Home: ROYAL CREST DRIVE 9. Losses: Any claim,action,lien,liability,tine,damages,injury(whether to person or property or resulting in death), cost or expense, including NORTH ANDOVER,MA 01845 reasonable attorneys'fees(including in-house counsel and appeal). 10. Lease Start Date: 10. Claim: Any claim for relief, including any alleged damages, whether accrued, contingent, inchoate or otherwise, suspected or unsuspected, 11. Lease End Date: raised affirmatively or by way of defense or offset. 12. Security Deposit: $ 11. Enforcement Costs: Landlord's costs of enforcing the terms of this Lease 13. Antenna Deposit: $100.00 and of collection, including collection agency costs,litigation costs, and reasonable attorneys' fees (including in-house counsel and appeal), 14. Rent: $_per month. whether or not a lawsuit is brought. 15. Month-to-Month Rent: $100.00 plus the higher of the Fair Market Rent 12. Non-Rent Defaults: Defaults under this Lease,other than the failure to or the current monthly Rent being paid by Resident immediately prior to pay rent or other amounts due under this Lease that are considered"Rent" the commencement of the month-to-month tenancy. The "Fair Market by applicable law or under this Lease. Rent"equals the rent that Landlord would charge for an apartment home 13. Rent Damages: Rent due and owing, the Late Charge, and, after comparable to the Apartment Home on the date that Landlord provides judgment,Enforcement Costs. notice to Resident of the Month-to-Month Rent. 16. Late Charges Date: 30 days from date Rent is due. 14. Rent Default Termination Damages: The total sum of the Relet Charge, 2 months Rent,the cash value of any Rent Concession and,after judgment, 17. Late Charge: $50.00 Enforcement Costs. 18. NSF Charge: $50.00 Attachments: 19. Relet Charge: One month's Rent. ❑ Appliance Addendum E) Change in Resident Addendum ❑ COLA Addendum ❑ Community Policies 20. Utilities To Be Provided By Landlord[check as applicable]: ❑ Concession Addendum ❑ Guarantor Addendum ® Water ® Gas ® Trash ❑ Local Law Addendum ❑ No COLA Addendum ❑ Electricity ❑ Cable ® Master Antenna ❑ Parking Space Addendum ❑ Pet Addendum ® Wastewater ❑ Renewal Addendum ❑ Storage Addendum 21. Utilities To Be Maintained by Resident[check as applicable]: ❑ Security Deposit Agreement ❑ Security Deposit Receipt ® Electricity ❑ Gas ❑ Other: ® Cable ❑ Master Antenna THIS IS A BINDING LEGAL DOCUMENT. CAREFULLY READ THIS ENTIRE LEASE, INCLUDING THE DEFINITION ANNEX, EXHIBITS, COMMUNITY RULES,AND ADDENDA,BEFORE SIGNING BELOW. RESIDENT PROMPTLY SHALL INFORM LANDLORD'S REPRESENTATIVE AT THE ON-SITE MANAGEMENT OFFICE IF RESIDENT HAS ANY PROBLEMS WITH THE APARTMENT HOME OR COMMUNITY. IF RESIDENT IS NOT SATISFIED WITH THE RESPONSE FROM LANDLORD'S REPRESENTATIVE, RESIDENT MAY CONTACT LANDLORD AT 1-800-999-8600 OR RESIDENTRELATIONS(&AIMCO.COM. LANDLORD SHALL RESPOND TO RESIDENT'S COMPLAINT AS IT CONSIDERS APPROPRIATE,WHICH MAY INCLUDE ALLOWING RESIDENT TO MOVE OUT OF THE APARTMENT HOME WITHOUT FURTHER LIABILITY UNDER THE LEASE. LANDLORD:By: Name: Mark T.Johnson Authorized Representative RESIDENT(S): Signature Print Name Date Signature Print Name Date I Signature Print Name Date I i Signature Print Name Date (Massachusetts:Rev. 10/2004) i c I., LEASE OF APARTMENT HOME...............................................I A. Landlord's Obligations..................................................5 A. Use...............................................................................1 B. Resident's Remedies.....................................................5 B. Additional Live-In Residents........................................l 17. DEFAULT BY RESIDENT...........................................................5 2. LEASETERM...............................................................................1 A. Default..........................................................................5 B. Remedies......................................................................6 A. Initial Term...................................................................l C. No Waiver....................................................................6 B. Renewal........................................................................l D. No Duty to Mitigate......................................................6 C. Delaying Possession.....................................................l E. Credit Reporting D. Early Termination.........................................................l E. Notice of Termination..................................................1 18. MULTIPLE RESIDENTS..............................................................6 3. RENT.............................................................................................1 A. Monthly Rent................................................................l 19. ASSIGNMENT..............................................................................6 B. Late Payment and Late Fees.........................................l 20. RELEASE OF RESIDENT............................................................6 C. Returned Checks or Rejected Credit Card PaymePA. No Release....................................................................6 nt........................................................................l D. Rent Concession...........................................................2 B. Limited Exception-Military..........................................6 E. Other Fees....................................................................2 C. Death of All Residents..................................................6 F. Taxes............................................................................2 21. MOVE OUT PROCEDURES........................................................6 G. Application of Funds Received.....................................2 A. Move Out Cleaning and Inspection...............................6 4. SECURITY DEPOSIT...................................................................2 B. Deductions....................................................................6 C. Surrender......................................................................6 A. Security Deposit...........................................................2 B. Refund of Security Deposit..........................................2 22. MISCELLANEOUS.......................................................................6 A. Eminent Domain...........................................................6 5. UTILITIES.....................................................................................2 B. Casualty........................................................................7 C. Notice Requirement......................................................7 .A. Landlord's Payment for Utilities...............:...................2 D. Entire Agreement..........................................................7 B. Direct Billing by Landlord...........................................2 E. Rental Application........................................................7 C. Failure to Pay Utilities..................................................2 F. Waiver..........................................................................7 D. Use of Utilities.............................................................2 G. Landlord's Representative.............................................7 E. Change or Interruption in Utility Service.....................2 H. Binding Effect...............................................................7 I. Jurisdiction/Governing Law..........................................7 6. CONDITION OF APARTMENT HOME......................................2 J. Continuing Liability......................................................7 K. Assignment By Landlord..............................................7 A. Move-In Condition Form..............................................2 L. Standard of Decision.....................................................7 B. Cleaning and Upkeep of Apartment Home...................2 M. Examples Are Not Limitations......................................7 C. No Alterations..............................................................2 N. DISCLOSURE OF RESIDENT D. Alterations for Disability..............................................2 INFORMATION..........................................................7 E. Water Furniture............................................................3 0. Background Investigation.............................................7 F. Signal Reception Devices.............................................3 P. State Law......................................................................7 G. Damage to Apartment Home........................................3 Q. Arbitration....................................................................7 H. Mold Remediation........................................................3 R. Fair Housing.................................................................7 I. Basements....................................................................3 S. Prorations......................................................................7 J. Fireplaces.....................................................................3 T. Other Deposits..............................................................7 7. REPAIRS AND MALFUNCTIONS..............................................3 8. KEYS AND LOCKS......................................................................3 A. Ownership of Keys and Access Cards..........................3 B. Change in Locks...........................................................4 9. COMMUNITY POLICIES............................................................4 A. Community Rules.........................................................4 B. Common Areas.............................................................4 C. Defacing the Common Areas........................................4 D. Other Improper Conduct...............................................4 E. Landlord's Right to Exclude Persons............................4 F. Member Cards..............................................................4 G. Deliveries.....................................................................4 H. Fines.............................................................................4 10. PARKING AND VEHICLES........................................................4 11. RESIDENT EQUIPMENT,SERVICES AND FACILITIES..................................................................................4 12. LIABILITY....................................................................................5 A. Insurance......................................................................5 B. Personal Safety.............................................................5 C. Release.........................................................................5 13. ENTRY BY LANDLORD.............................................................5 14. ANIMALS.....................................................................................5 15. ABANDONMENT........................................................................5 A. When Abandonment Occurs.........................................5 B. Disposition of Personal Property..................................5 C. Personal Property Upon Death.....................................5 I 16. DEFAULT BY LANDLORD........................................................5 I (Massachusetts:Rev. 10/2004) i APARTMENT LEASE THE PARTIES TO THIS APARTMENT LEASE (this "Lease") are otherwise,the same shall not be a waiver by Landlord of its right to collect the Landlord,acting by and through Landlord's Representative, and Resident. All full Rent due under this Lease for any other month. capitalized terms are defined in the Definition Annex unless otherwise defined in this Lease. D. Early Termination. Resident may terminate this Lease before the end of the Lease Term under the following conditions and by following these 1. LEASE OF APARTMENT HOME. procedures: A. Use. Landlord leases to Resident the Apartment Home. Resident (i) Resident gives Landlord written notice signed by any Resident may use the Apartment Home only as a private residence and not for any of the early termination at least 60 days before the date that Resident business or commercial use (including child care); however, Resident may desires to end the Lease; maintain a home office in connection with a full-time off-premises business office (including telecommuting) as long as the home office use does not (ii) Resident receives written confirmation from Landlord that involve visitors,patrons or other persons coming to the Apartment Home or the Landlord has received this notice; sale of goods or services from or to the Apartment Home. (iii) Resident is not in default of this Lease both when Resident B. Additional Live-In Residents. Only the Resident and Additional gives the notice and on the date of early termination; Live-In Residents identified in the Definition Annex may occupy the Apartment Home. Resident may have a guest for no more than 7 nights in any month, (iv) Resident pays Landlord all Rent and other amounts due through unless Landlord approves a longer period. Resident must obtain the prior the date of termination,plus the Relet Charge and any Rent Concession, written consent of Landlord to change Residents or add Additional Live-In before the early termination date;and Residents. (v) Resident vacates the Apartment Home on the early termination 2. LEASE TERM. date in the manner provided in this Lease. A. Initial Term. The lease of the Apartment Home is for the Lease Resident may not terminate early under this paragraph if there are less than 3 Term. months remaining on the Lease Term. Early termination shall not release Resident from any liability for damage to the Apartment Home or from the B. Renewal. payment of Rent and other amounts when due, through the early termination date. The Relet Charge is not a lease cancellation or buyout fee or penalty and (i) If Resident wants to vacate the Apartment Home on the Lease is intended to be an enforceable liquidated damages amount. Actual damages of End Date and terminate the Lease without further liability to Landlord for Landlord's lost rent and other damages from the early termination of this Lease Rent,Resident must give written notice to Landlord at least 30 days before would be difficult to determine with any certainty,and the Relet Charge is a the Lease End Date of Resident's intent to vacate the Apartment Home(the reasonable estimate of such damages (assuming that Resident has given "Termination Notice"). If Resident has not timely given the Termination Landlord the required 60 days prior written notice of termination), including Notice to Landlord,then Resident shall be a month-to-month tenant from Landlord's costs of making the Apartment Home"rent-ready",such as cleaning, the scheduled Lease End Date on the terms and conditions in this Lease, painting,repairing and marketing the Apartment Home. The provisions of this except that(a)if the Lease End Date is not the first day of the month,then paragraph do not apply to a month-to-month tenancy. any Rent due for the month in which the Lease End Date occurs shall be the then current monthly Rent,(b)Rent shall be equal to Month-to-Month E. Notice of Termination. After Resident gives the notice of intent to Rent beginning on the first day of the first full month after the Lease End vacate or terminate under this section (including a Termination Notice), Date, and (c) either Landlord or Resident may terminate the month-to- Resident cannot change Resident's move-out date as stated in the notice without month tenancy and this Lease upon providing written notice at least 30 Landlord's prior written approval. Verbal notice shall not be sufficient to days before the termination. Landlord shall give written notice to Resident constitute notice of intent to vacate or terminate. Except for an early termination of the Month-to-Month Rent amount before the Month-to-Month Rent under this section, Resident's move out from the Apartment Home before the amount is due. last day of the Lease Term or before the date of termination of the month-to- month tenancy shall not terminate this Lease or release Resident from liability (ii) Resident and Landlord may renew this Lease and extend the under this Lease. Lease Term by executing a renewal addendum (the "Renewal Addendum"). If executed by Resident and approved by Landlord, the 3. RENT. Renewal Addendum shall have the same force and effect as the execution of a new lease and shall incorporate all of the terms of this Lease except as A. Monthly Rent. Resident shall pay the Rent specified in the specifically changed in the Renewal Addendum. Definition Annex each calendar month. Resident shall pay the first month's Rent before the Lease Start Date. If Resident does not pay the first month's Rent (iii) Prior to the Lease End Date, Landlord may, but shall not be before the Lease Start Date,this Lease shall be null and void and of no force or obligated to,send Resident a notice(the"Renewal Option Notice"). The effect. If the Lease Start Date is not the first day of the month,Rent shall be Renewal Option Notice shall remind Resident of the requirements prorated from the Lease Start Date through the last day of the month and shall regarding the Termination Notice and the month-to-month tenancy be payable on the Lease Start Date. If this Lease ends on a day other than the provisions. The Renewal Option Notice also shall notify Resident that,if last day of a month,Rent for the final month shall be prorated from the first day Resident desires to renew the Lease for a renewal term as stated in the of the final month through the Lease End Date. Except for a payment due date Renewal Option Notice(the"Renewal Term"),Resident may so renew by stated in a separate utility bill sent to Resident by Landlord and except for the (a)signing and marking the renewal option on a renewal form (the first month's Rent, Rent and all other amounts to be paid by Resident to "Renewal Form")that shall accompany the Renewal Option Notice,and Landlord under this Lease are due and payable in advance and without demand, (b)returning the signed and completed Renewal Form to Landlord no later setoff or deduction at the Landlord's Address on the V day of each calendar than the date stated in the Renewal Form. The Renewal Option Notice month,and Resident shall be in default under this Lease if Resident fails to also shall inform Resident of the amount of Rent for the Renewal Term pay by that date. Landlord may require Resident to pay Rent and other (the"Renewal Rent")and any changes to the terms of the Lease that apply amounts due under this Lease by certified check,cashier's check,money order, to the Renewal Term. If Resident does not provide the Termination or direct debit and by one monthly payment rather than multiple payments. Notice,but signs and returns the Renewal Form(marked as a renewal)to Landlord also may electronically deposit Resident's check. Landlord shall not Landlord,then Resident shall be a tenant through the Renewal Term on the be liable for any Loss related to any inaccuracies or mistakes made in the same terms of this Lease except (X) as specifically changed in the inputting of data or electronic deposit of such check,except to the extent caused Renewal Option Notice,(Y)if the Lease End Date is not the first day of by the omissions,fault,negligence or misconduct of Landlord. the month,then any Rent due for the month in which the Lease End Date occurs shall be the then current monthly Rent,and(Z)the Rent thereafter B. Late Payment and Late Fees. If in any month Resident does not pay shall be the Renewal Rent. Landlord may repeat this renewal procedure and Landlord does not receive all Rent and all other amounts due under this before each Renewal Term expires,and Resident may accept renewal in Lease before the Late Charges Date,Resident shall pay the Late Charge for each the same manner. If Resident does not provide the Termination Notice, and every day that Rent and such other amounts are not paid from the Late and does not sign and return the Renewal Form(marked as a renewal)to Charges Date to the date that Rent and such other amounts are paid in full. Landlord,Resident shall be a month-to-month tenant under this Lease. Actual damages to Landlord resulting from Resident's failure to pay Rent and other amounts when due would be difficult to determine with any certainty,and C. Delaying Possession. If Landlord is unable to deliver possession of the Late Charge is a reasonable estimate of Landlord's costs and expenses the Apartment Home to Resident on the Lease Start Date for any reason,except necessarily incurred as a result of Resident's failure to pay, including the lost for Landlord's omissions,fault,negligence or misconduct,Landlord shall not be time value of monies owed and employee time and other costs associated with in default under this Lease or liable to Resident for such delay and this Lease tracking late amounts,giving notice of late amounts and other collection-related shall remain in force subject to the following: activities. The Late Charge is not a penalty and is intended to be an enforceable liquidated damages amount. The Late Charge does not constitute a waiver by (i) Rent shall abate on a daily basis during the delay,and Landlord of Landlord's remedies or of the due date of the payment of Rent and other amounts. (ii) if the delay in possession extends for more than 5 days, Resident may terminate this Lease by giving written notice to Landlord no Residents'initials: later than the I&day after the Lease Start Date. C. Returned Checks or Rejected Credit Card Payment. If a check from If Resident terminates the Lease,Resident shall be entitled only to a refund of Resident is returned to Landlord by a bank or other entity for any reason,or if any credit card or debit card payment from Resident to Landlord is rejected,then the Security Deposit and any pre-paid Rent and this Lease shall be null and void. If Landlord provides a Rent concession or abatement (in the month of (i) Resident shall pay to Landlord the NSF Charge; occupancy or thereafter)with respect to the condition of the Apartment Home or (Massachusetts:Rev. 10/2004) 1 (ii) Resident shall pay to Landlord the Late Charge from the initial disconnected by any means,including the non-payment of a bill,until the end of date due until the Rent and other amounts are paid in full; the Lease Term. (iii) Landlord retains all other rights and remedies under this Lease D. Use of Utilities. Resident shall use the utilities only for ordinary for default;and household purposes and shall not waste them. Resident shall not tamper with, adjust or disconnect any metering or submetering system or device. (iv) Landlord reserves the right to refer the matter for criminal prosecution. E. Change or Interruption in Utility Service. Utilities now provided,or any utility rates now in effect, may not continue in the future. Resident's D. Rent Concession. If Landlord provides a Rent Concession, such responsibility to pay for utilities shall be unaffected by any change in utilities, Rent Concession is not a waiver by Landlord of its right to collect the full Rent rate increase and/or reclassification. Landlord may make changes to,or install, due under this Lease for any other month. If Landlord provides a Rent utility wires, meters, sub-metering or load management systems, and similar Concession and Resident subsequently defaults under this Lease or terminates electrical and other utility equipment serving the Apartment Home. This work early,Resident shall immediately pay Landlord the cash equivalent value of the shall be done in a reasonable manner. entire Rent Concession (in addition to any other damages or amounts owing under this Lease arising from such default or early termination)unless such Rent 6. CONDITION OF APARTMENT HOME. Concession otherwise is forgiven by Landlord. A. Move-In Condition Form. Before Resident takes possession of the E. Other Fees. Landlord may charge reasonable fees for the use of the Apartment Home,or within 10 days after possession,Landlord shall furnish to Community's facilities, equipment and services, such as fitness rooms, Resident a separate statement of the present condition of the Apartment Home swimming pools and community rooms. All such fees shall be considered (the "Condition Form"), identifying all material damage or defects with the "Rent"if not paid when due. physical condition of the Apartment Home. Resident's failure to report specific defects or problems,on the Condition Form shall be a binding agreement by F. Taxes. If any sales, use,excise, gross receipts or similar taxes are Resident and conclusive evidence that the Apartment Home is acceptable and in imposed on any fees or charges that Resident is required to pay under this Lease, good condition. Landlord has not made any promises to decorate,alter,repair or Resident shall pay such tax to Landlord upon receipt of a bill from Landlord. improve the Apartment Home, except as stated on the Condition Form. LANDLORD MAKES NO EXPRESS WARRANTIES REGARDING THE G. Application of Funds Received. Resident's right to possess the APARTMENT HOME AND COMMUNITY,AND,TO THE MAXIMUM Apartment Home and all of Landlord's obligations under this Lease are EXTENT PERMITTED BY LAW, EXPRESSLY DISCLAIMS AND expressly contingent on the timely payment of Rent and other amounts due EXCLUDES ANY AND ALL EXPRESS WARRANTIES. under this Lease. Except as otherwise stated in this Lease,all funds received by Landlord shall be applied first to amounts that are not considered"Rent"by this B. Cleaning and Upkeep of Apartment Home. Lease or applicable law, then to delinquent Rent and then to current monthly Rent. (i) Resident shall keep the Apartment Home, including all balconies,patios,and other areas reserved for Resident's private use,in a 4. SECURITY DEPOSIT. clean and sanitary condition. A. Security Deposit. Resident shall pay the Deposit to Landlord on or (ii) Resident shall dispose of all garbage and recyclable materials in before the Lease Start Date. If Resident does not pay the Deposit to Landlord by designated containers and areas in accordance with Landlord's regulations the Lease Start Date,Landlord may declare this Lease null and void and of no and applicable law. Resident shall not dispose of large items,except as force or effect. The Security Deposit is not advance rent and cannot be applied permitted by Landlord. Landlord may charge Resident a fee for improper to Rent by Resident. Landlord and resident shall execute a separate Security disposal of garbage. Deposit Agreement. (iii) Resident shall use all appliances,fixtures and equipment in the B. Refund of Security Deposit. Landlord shall refund the Security Apartment Home and Community in a safe manner and only for the Deposit to Resident as provided in this Lease and pay interest at the rate of 5% purposes for which they are intended. per year,or other such lesser amount of interest as has been received by the bank where the Security Deposit has been paid. Each Resident must provide written (iv) Resident shall maintain a temperature of at least 55T in the notice of the mailing address for any refund of the Security Deposit. Landlord Apartment Home so that the pipes will not freeze. shall mail the Security Deposit(less lawful deductions)and an itemized list of deductions no later than 30 days after Resident's surrender or abandonment of (v) Resident shall replace light bulbs in all light fixtures at the Apartment Home. Resident's expense. 5. UTILITIES. (vi) Resident shall maintain all mechanical rooms located in the Apartment Home in compliance with applicable laws. A. Landlord's Payment for Utilities. Landlord shall pay only for those utilities identified in the Definition Annex Number 20,which shall not include (vii) If the Apartment Home contains a "Stove Top Fire Stop" or telephone. Resident gives Landlord the right to select any utility provider and similar canister above the stove, Resident shall be liable for any Loss change the same from time to time without notice. Resident shall pay for all beyond normal wear and tear,related to such "Stove Top Fire Stop" or other utilities as identified in the Definition Annex Number 21 (including related similar canister and shall pay Landlord $75 for each canister damaged, deposits, charges, fees and services). The records and all sub-meters in the replaced or not in working order. Resident shall notify Landlord Community are presumed to be correct for all purposes. Resident shall transfer immediately if any canister is missing or appears damaged. to Resident's name any utility(ies)required by Landlord to be so transferred. (viii)Upon taking possession of the Apartment Home,Resident shall B. Direct Billing by Landlord. confirm that the smoke detector is in good working order, and Resident shall notify Landlord immediately of any problems associated with the (i) Certain utility services,such as electric,cable TV and gas,may, smoke detector through the Lease Term. from time to time, be billed by Landlord to Resident. The Apartment Home may not receive all of the utilities listed in the preceding sentence or C. No Alterations. Resident shall not make any alterations, the Definition Annex or may receive additional utilities. Resident is improvements,or installations to the interior or exterior of the Apartment Home, required to contract with or pay directly,certain utility providers. including wallpapering,contact paper,cork boards,mirrored squares,painting, awnings, window guards, shelves, screen doors, carpeting, alarm systems, (ii) Landlord may bill Resident for utilities based on actual reading electrical systems, telephone, computer, cable television outlets, shower head of a submeter for Resident's Apartment Home,as determined by Landlord. devices, washers, dryers (portable or otherwise), fans, heaters, or air conditioners without the prior written consent of Landlord. Resident may place (iii) Landlord may at any time require Resident to pay utility a reasonable number of small holes in sheetrock walls and in the grooves of providers directly for Resident's own utility usage on a submetered basis. wood paneling to hang pictures. If Landlord permits Resident to install a Landlord shall give Resident 30 days prior written notice before requiring washer,dryer or other appliance, Resident to begin paying a utility provider directly for Resident's utility usage. (i) Landlord may require Resident to permit Landlord to install the same(and to pay Landlord the reasonable costs of installation), (iv) Resident agrees to allow Landlord,a billing service provider or any utility providers designated by Landlord, reasonable access to the (ii) Landlord may require the use of non-burstable hoses, Apartment Home to inspect the submeter(s), if any, for Resident's Apartment Home. (iii) Landlord may require Resident to cavy Renter's Liability Insurance with a minimum of$10,000 per occurrence and$500 deductible, (v) If Resident moves into or out of the Apartment Home on a date with Landlord named as an additional insured,and other than the first day of the month,Resident will be charged for the full period of time that Resident was living in,occupying,or responsible for (iv) Resident shall be liable for any Losses related to the use or payment of Rent or utilities for the Apartment Home. If Resident is in presence of such appliance. default under this Lease,Resident shall be liable for all charges for utilities for which Resident is responsible under the terms of this Lease through the Resident shall be liable for all damage caused by any personal property or time it takes for Landlord to retake possession of the Apartment Home, appliances permitted by Landlord. Resident shall not remove Landlord's regardless of whether Resident still is occupying the Apartment Home. fixtures, equipment, monitoring devices, or electronic alarm systems for any reason. If Resident makes any improvements to the Apartment Home(with or C. Failure to Pay Utilities. Resident shall pay all charges for utilities on without Landlord's consent), such improvements shall, at the option of the the date specified in a Utility Bill,whether to Landlord or a utility provider. If Landlord,become the property of Landlord. Resident is charged for utilities separately from Rent,then such charges shall be deemed"Rent"for purposes of any defaults under this Lease. Resident shall not D. Alterations for Disability. If a Resident or Additional Live-In allow any utility, other than telephone, to be interrupted or interfered with or Resident is disabled, Resident may, at Resident's expense, make reasonable (Massachusetts: Rev. 10/2004) 2 %MOW modifications to the Apartment Home to accommodate such disability only after as an additional insured to protect Landlord against Losses relating to requesting and receiving prior written consent of Landlord,which consent may Resident's satellite dish or antenna. Resident shall hold harmless and be withheld in Landlord's reasonable discretion and may be reasonably indemnify Landlord's Related Parties against any Losses related to the use, conditioned upon Resident agreeing to restore the interior of the Apartment maintenance or presence of Resident's satellite dish, antenna or related Home to the condition that existed before modification,reasonable wear and tear equipment. excepted. (ix) Resident's security deposit shall be increased by the Antenna E. Water Furniture. Resident shall not place any water furniture in the Deposit to offset possible repair costs, damages, or failure to remove at Apartment Home,except that Resident may place a water bed in the Apartment time of move out. This security deposit does not imply a right to drill or Home after Resident has provided evidence to Landlord of renter's insurance otherwise alter the Apartment Home or Common Areas. that covers any property damage related to the water bed. The insurance shall (x) Resident may start installation of Resident's satellite dish or (i) be in a minimum amount of$100,000 per occurrence; antenna only after Resident has: (a)provided Landlord with a copy of written proof of the liability insurance referred to in this section; and (ii) have a deductible of no more than$500; (b)paid the additional security deposit referred to in this section. After Resident has met the requirements in this section, Landlord shall issue (iii) be written by an insurance company licensed to write insurance Landlord's written authorization on the Community's satellite dish in the jurisdiction in which the Community is located; approval form. (iv) name Landlord as an additional insured; G. Damage to Apartment Home. Resident shall pay to Landlord within 5 days after demand the Loss incurred by Landlord caused by any Resident (v) provide that it cannot be cancelled, amended or non-renewed Party or pets or animals. Landlord may demand such payment either before or without at least 30 days prior written notice to Landlord; after a repair is made. Landlord's delay in demanding such payment is not a (vi) provide a waiver of subrogation with respect to Landlord;and waiver of Landlord's right to demand such payment. (vii) be primary to any insurance carried by Landlord. H: -IGiold Remediation. Resident shall maintain such insurance in effect for so long as the water bed is in (i) Resident shall use best efforts to prevent any conditions in the the Apartment Home. The presence of the insurance does not relieve Resident Apartment Home, such as excessive moisture, that could create an of any liability with respect to the water bed. environment conducive to mold growth. If such conditions develop, Resident shall notify Landlord immediately and shall remedy any such F. Signal Reception Devices. Resident may install signal reception conditions caused by any Resident Party. Landlord's Related Parties are devices(a"satellite dish or antenna")used to receive direct broadcast satellite not responsible for the consequences of any conduct of any Resident Party services, receive or transmit fixed wireless signals via satellite, receive video that leads to or exacerbates mold growth. Resident promptly shall report programming services via multipoint distribution services, receive or transmit to Landlord,in writing,any actual or potential mold problem,regardless of fixed wireless signals other than via satellite,and/or receive television broadcast what may have caused such problem. Failure to make a prompt written signals at the Apartment Home,subject to the following conditions: report of any such potential mold problem constitutes a default. (i) A satellite dish or antenna may not be installed by Resident if (ii) If Landlord notifies Resident of Landlord's intention to the service received by such satellite dish or antenna is available to remediate mold in the Apartment Home,Resident shall provide immediate Resident through the building's master antenna system (if installed)at a access to the Apartment Home to permit Landlord to remediate any cost comparable to the cost of Resident's proposed individual service. problem. If Landlord determines that Resident vacate the Apartment Home during remediation, Resident will relocate (at Landlord's expense) (ii) A satellite dish or antenna may not exceed one meter(3.3 feet) to another Apartment Home within the Community for the period of time in diameter. necessary to complete such remediation. If another Apartment Home within the Community is not available for the relocation,as determined by (iii) The location of the satellite dish or antenna is limited to inside Landlord, Landlord shall provide Resident either (a) relocation at the Apartment Home or on a balcony or balcony railing,patio or terrace Landlord's expense to another nearby community owned or operated by that is under the exclusive control of Resident. Installation is not permitted Landlord or its affiliate, or (b) termination of the Lease without any on any parking area, roof, exterior wall, window, windowsill, fence or financial obligation beyond the date of such termination. Resident's Common Area or in an area that other residents are allowed to use. refusal to relocate in accordance with these provisions, or any other interference with Landlord's remediation efforts,shall constitute a breach (iv) Resident's installation (a)must comply with reasonable safety of this Lease by Resident. Upon Resident's breach of any provision of this standards; (b)may not interfere with Landlord's cable, telephone or section, Landlord may terminate this Lease, and exercise all other electrical systems or those of neighboring properties; (c)may not be remedies for breach of this Lease, including but not limited to court connected to Landlord's telecommunications systems;and(d)may not be eviction proceedings. connected to Landlord's electrical systems except by plugging into a 110-volt duplex receptacle. Installation must be in accordance with all (iii) If(a) Resident has made a good faith written report to the applicable federal, state and local laws and in a manner that will not Community manager of an actual mold problem in Resident's Apartment damage the Apartment Home. A satellite dish or antenna that is placed in Home,and(b)within 5 days after such report Landlord has not(I)taken a permitted outside area,must be safely secured by one of three methods: any action to inspect or remediate mold in Resident's Apartment Home,or (x)securely attaching it to a portable,heavy object such as a small slab of (II)given Resident a plan of remediation for Resident's Apartment Home, concrete;(y)clamping it to a part of the building's exterior that lies within then, and only then, Resident may terminate this Lease without any the Resident's Apartment Home(such as balcony or patio railing without financial obligation beyond the date of such termination. Resident shall protruding over the railing); or (z)any other methods approved by not be released from any Claims related to Rent or other amounts due and Landlord. No other methods of attachment are allowed. Landlord may owing under this Lease. If Resident is found to be partially or wholly require reasonable screening of the satellite dish or antenna that does not liable for the mold infestation and cost of remediation, Resident shall be impair reception or transmission. responsible for all Losses suffered by Landlord,including any concessions (v) Resident may not damage or alter the Apartment Home and made by Landlord. may not drill holes through outside walls,door jambs,windowsills and the I. Basements. Resident may use the finished basement,if any,in the like. If Resident's satellite dish or antenna is located outside the Apartment Apartment Home as living space as long as the occupancy limits for the Home (such as on a balcony or patio)the signals received by it may be Apartment Home are not exceeded. Resident acknowledges that the basement transmitted to the interior of Resident's Apartment Home only by the may not be flood free,and Landlord shall not be liable for any Losses arising following methods: (a)running a flat cable under a doorjamb or window from the use of the basement. sash in a manner that does not physically alter the premises and does not interfere with proper operation of the door or window; (b)running a J. Fireplaces. Resident shall be liable for any Losses resulting from the traditional or flat cable through a pre-existing hole in the wall that will not use of any fireplace located in the Apartment Home. need to be enlarged to accommodate the cable; (c)connecting cables through a window pane similar to how an external car antenna for a 7. REPAIRS AND MALFUNCTIONS. Resident shall request promptly cellular phone can be connected to inside wiring by a device glued to any repairs to be made to the Apartment Home or its contents,fixtures,security either side of the window, without drilling a hole through the window; devices and other equipment that belong to Landlord. Resident must notify (d)wireless transmission of the signal from the satellite dish or antenna to Landlord immediately of any malfunction or damage caused by fire, water or a device inside the Apartment Home;or(e)any other method approved by similar cause and of any water leaks, electrical problems, heating problems, Landlord. broken locks or latches or other condition that may pose a hazard to health, property or safety. Upon receipt of a request,Landlord shall act with reasonable (vi) Resident shall maintain the satellite dish, antenna and all diligence to make the repairs and this Lease shall continue. The Resident's related equipment. request for repair is Resident's agreement for Landlord to enter the Apartment Home to perform the repair. Landlord may decide not to enter the Apartment (vii) Resident shall remove the satellite dish or antenna and other Home if a person under 18 years old is present without a person 18 years or related equipment when Resident moves out of the Apartment Home. older also present. Landlord temporarily may turn off equipment and interrupt Resident shall pay for any damages and for the cost of repairs or repainting utilities to avoid damage to property or to perform maintenance and this shall which may be reasonably necessary to restore the Apartment Home to its not constitute constructive eviction of Resident. If a request for repair is not condition prior to the installation of Resident's satellite dish, antenna or made in writing,Resident must establish when Resident made the request. related equipment,ordinary wear and tear excepted. 8. KEYS AND LOCKS. (viii)As long as the satellite dish and antenna are installed in the Apartment Home, Resident shall maintain and provide Landlord with A. Ownership of Keys and Access Cards. All keys, access cards and evidence of liability insurance in the amount of$10,000 naming Landlord remote controls are the sole property of Landlord. Landlord may charge for the (Massachusetts:Rev. 10/2004) 3 _ ow purchase and installation of a key and lock and may charge a fee if any key, (ii) who,in Landlord's reasonable discretion,cause disturbances at access card or remote control is lost or not returned. Resident shall be liable for the Community which disrupt the livability of the Community or interfere any Loss related to the improper use of any key,access card or remote control. with the management of the Community or the quiet enjoyment of any At the termination of this Lease,Resident shall return all keys,access cards and resident to their Apartment Home,or remote controls to Landlord. (iii) whose activities at the Community are in violation of any laws. B. Change in Locks. Resident shall not install additional or different locks or gates on any door or window of the Apartment Home without the prior Landlord may exclude anyone who previously has been evicted from the written permission of Landlord. If Landlord approves Resident's request to Community for a Non-Rent Default. Guests and invitees who have been install such locks, Resident shall provide Landlord with a key for each lock. notified by Landlord not to return to the Community also may be arrested for Resident shall not duplicate keys for the Apartment Home. Landlord may copy criminal trespass if they return to and enter the Community. If Resident all keys for the Apartment Home,whether provided by Landlord or Resident. knowingly has a guest or invitee in the Apartment Home or on the Community whose presence at the Community is a violation of this section,Resident shall be 9. COMMUNITY POLICIES. in violation of this Lease. If Resident does not cure such violation within 3 days after receipt of written notice from Landlord,or if Resident again is in violation A. Community Rules. Resident Parties shall comply with the of this section after receiving a notice of default and right to cure,Landlord may Community Rules. Resident is responsible for the conduct of the Resident terminate this Lease by notice and Resident shall be in default of this Lease. If Parties. Any guest aged 12 or under must be accompanied by a Resident over such violation may cause imminent harm to any person or property (as 18 years old anywhere in the Community,including Common Areas. Landlord determined in Landlord's reasonable discretion),then the 3-day request shall be may set a curfew for persons under 18 years old. Landlord may make inapplicable and Resident shall cure the violation immediately upon verbal or reasonable policy changes that are applicable to all residents if in writing and written notice from Landlord. given to Resident. All policy changes shall be effective immediately and shall constitute a part of this Lease. Resident acknowledges receipt of the written F. Member Cards. Landlord may photograph each resident of the Community Rules from Landlord prior to the execution of this Lease and Community and give such resident a Member Card with his or her picture on the understands that the terms and conditions of the Community Rules are Member Card for identifying individuals who live and have access to the incorporated in this Lease. Community and the Common Areas. Landlord may install devices that require use of the Member Cards to gain access. Landlord may require that the Member B. Common Areas. Common Areas are subject to Landlord's exclusive Card be produced by anyone seeking access, and may exclude access for a control. Sidewalks,steps,outside hallways,entrances,walkways and stairs shall reasonable period of time to anyone who does not produce the Member Card not be obstructed in any way or used for any purpose other than ingress or until the resident's identity can be verified. Landlord may disclose Resident egress. Common Areas may not be used for storage or the placement of information contained on the Member Cards, including photographs, only if bicycles,toys,athletic equipment,trash,refuse or similar items. Landlord may Resident consents to disclosure,in accordance with the Community's resident impose specific restrictions on Resident's use of the Common Areas by giving privacy policy or if requested to do so by law enforcement officials. Landlord notice by sign, letter or other means to Resident, and violation of any such will not use the Member Cards for commercial purposes. Member Cards may restrictions shall be a default by Resident of this Lease. Resident Parties shall be used only for identifying residents to the Community and not for proof of use Common Areas with care and solely at their own risk. legal residency or identity to third parties. The Member Cards are the property of Landlord and must be returned upon request or upon termination of this C. Defacing the Common Areas. Resident shall not litter the Lease. Landlord shall have no obligation to provide or require the use of Community grounds or Common Areas,destroy,deface,damage or remove any Member Cards. part of the Apartment Home,Common Areas or other parts of the Community, or light any open fires except in designated fireplaces. Resident shall not G. Deliveries. Landlord may accept deliveries of certain types of display any sign or advertising matter that is visible outside the Apartment parcels at the Landlord's management office. If Resident desires Landlord to Home or is on the Common Areas or otherwise in the Community without permit a delivery person to enter the Apartment Home,Resident must execute Landlord's prior written consent. Landlord's permission form. D. Other Improper Conduct. Resident Parties shall not engage in H. Fines. Landlord may charge Resident a reasonable fine as set forth unlawful,improper,unreasonable or prohibited behavior,all of which shall be a in the Community Rules. breach of this Lease,including the following: 10. PARKING AND VEHICLES. Landlord may regulate and/or prohibit the (i) loitering in Common Areas or the management or leasing time,manner,place of parking,number parked,charge for parking,use and/or office; storage of cars, trucks, recreational and commercial vehicles, motorcycles, mopeds, boats and other motor vehicles ("Motor Vehicles"), and of bicycles, (ii) playing in landscaped areas; trailers, tricycles, skateboards, roller skates, trampolines, and exercise equipment. Landlord may limit the parking spaces available for guests and (iii) serving alcoholic beverages in Common Areas; invitees and limit the duration that a guest or invitee may park at the (iv) loud,disorderly,or unlawful conduct,harassment,or nuisances; Community. A guest or invitee shall not be allowed to park at the Community for more than 7 days in any month. A Motor Vehicle is unauthorized or illegally (v) disturbing, infringing upon, adversely affecting or threatening parked in the Community if it:(A)has flat tires or other condition rendering it the rights,comfort,health,safety,property or convenience of others in or inoperable; (B)is on jacks,blocks or has wheel(s)missing; (C)has no current near the Community; license or no current inspection sticker; (D) takes up more than one parking space; (E)belongs to a Resident or Additional Live-In Resident who has (vi) possessing, selling, or manufacturing illegal drugs or drug surrendered or abandoned the Apartment Home; (F) is parked in a marked paraphernalia; handicap space without the legally required handicap insignia; (G) blocks another vehicle from exiting; (H) is parked in a fire lane or designated "no (vii) engaging in or threatening violence; parking"or"restricted parking"area;(I)is parked in a space marked for other resident(s)or Apartment Homes(s);(J)is parked on the grass,sidewalk,patio or (viii)possessing a weapon prohibited by law; staircase; (K)blocks garbage trucks from access to a dumpster; (L)cannot lawfully be operated as a vehicle on the road;(M)has a malfunctioning alarm; (ix) discharging a firearm in the Community; or (N) is parked in a designated visitor or office parking space. Except as permitted by Landlord, Resident shall not perform repairs or maintenance on (x) displaying or possessing a gun, knife or other weapon in the any Motor Vehicle anywhere in the Community. Motorcycles and mopeds may Common Area in a way that may alarm others; be parked only in designated areas and must have an operable device to prevent damage to the asphalt from the kickstand or similar support device. Gasoline, (xi) authorizing solicitors or salespersons to enter the Community; fuel grade alcohol or other explosive materials may not be stored at the (xii) operating a business; Community, including,in parking areas. Resident shall be responsible for oil stains and other damage caused by any Motor Vehicle of any Resident Party. (xiii)bringing hazardous materials into the Community; No Motor Vehicle may be parked or stored at the Community unless such Motor Vehicle is regularly used by a Resident Party as a means of transportation. (xiv)using sterno logs in the fireplace; using candles or kerosene Resident Parties are responsible for the proper operation of vehicle alarms and lamps or heaters; theft deterrent systems. Landlord may tow,at the expense of the owner,a Motor Vehicle that is unauthorized or illegally parked at the Community,or parked in (xv) cooking on a balcony or in the Common Area(other than those violation of this Lease,after proper notification to the owner and Chief of Police in which such cooking is expressly permitted by Landlord); (or Police Commissioner). Landlord shall not be liable for any Losses resulting from such towing. (xvi)storing anything in closets which contains gasoline,kerosene, propane or other similar substances; 11. RESIDENT EQUIPMENT,SERVICES AND FACILITIES. Landlord may provide for Resident's use various services, equipment and facilities (xvii)engaging in any act or practice which will injure the reputation (collectively, the "Facilities"), such as laundry rooms, exercise rooms and of the Community or cause harm to others;or facilities,storerooms and swimming pools. Landlord may modify or cancel the Facilities at any time. Resident's use of the Facilities is subject to the (xviii)violating any law,regulation,ordinance or order. Community Rules or the rules or instructions provided at the Community. Resident shall not allow Resident Parties who do not comply with the rules to E. Landlord's Right to Exclude Persons. Landlord reserves the right to use the Facilities. Resident may be required to show identification to enter or control the entry upon the Community by Resident's guests or invitees. use the Facilities. Landlord may deny use or access to any Resident Party who Landlord reserves the right to exclude any person(s) fails to follow instructions or fails to comply with the rules or the requirements (i) who, in Landlord's reasonable discretion, are involved in of this section. The Facilities are provided for Resident only as an incidental activities, including illegal drug-related activities,which may be harmful service,and Landlord may not provide any attendants or supervisors. Resident to the residents and neighbors of the Community, shall be responsible for and shall indemnify and hold harmless Landlord's (Massachusetts: Rev. 10/2004) 4 12t Win"` Related Parties for any Loss suffered or sustained by Resident Parties in 15. ABANDONMENT. connection with the use of the Facilities,but excluding Landlord's omissions, fault, negligence or misconduct. The Facilities are for the exclusive use of A. When Abandonment Occurs. During the Lease Term,the Apartment Resident and Additional Live-In Residents and for invitees and guests of Home shall be deemed abandoned when Resident is absent from the Apartment Resident and Additional Live-In Residents as permitted by Landlord. Home without notice to Landlord for at least 10 consecutive days while Rent is late for 10 or more days. 12. LIABILITY B. Disposition of Personal Property. If Resident leaves personal A. Insurance. LANDLORD AND LANDLORD'S property in the Apartment Home at the end of this Lease or abandonment of the REPRESENTATIVE ARE NOT INSURERS. LANDLORD STRONGLY Apartment Home,Landlord does not have any duty to store any of Resident's RECOMMENDS THAT RESIDENT SECURE INSURANCE TO personal property. If Landlord does store any such personal property,Resident PROTECT AGAINST PERSONAL INJURY AND PROPERTY shall pay Landlord the reasonable charges for packing,removing and storing any DAMAGE, INCLUDING LOSSES FROM THEFT, FIRE, WATER property removed and stored by Landlord. If Landlord has stored any personal DAMAGE AND VANDALISM. property,Resident may redeem it only after paying Landlord all sums Resident owes Landlord for the care and expense of keeping and preserving the property, B. Personal Safety. Landlord may require Resident to claim such redeemed personal property at the Community or place of storage. Landlord may dispose of personal property in (i) Landlord's Related Parties do not guarantee or warrant accordance with applicable law. Resident's personal security or safety. Landlord has no duty to provide security devices. Any protective steps(such as courtesy patrols or guards) C. Personal Property Upon Death. that Landlord takes are neither a guarantee nor warranty against criminal acts or against the violent tendencies of third persons in the Community or (i) Upon the termination of this Lease because of the death of all otherwise. Resident's personal safety and security is Resident's personal Residents, Landlord may store such personal property for 5 days after responsibility. Landlord becomes aware of a Resident's death, and: (a)release it to Resident's "emergency contact" as designated in Resident's rental (ii) Landlord is under no obligation or duty to inspect,test or repair application or as otherwise provided in this section, provided that such any security device. Landlord may elect to retain (or cancel) an person or the estate of Resident agrees to pay Landlord all storage costs, independent contractor for lockouts,disturbances,fire lane violations and and if Resident's personal property is not claimed within such 5 days, it problems similar in nature. Landlord assumes no responsibility for the shall be deemed abandoned; or (b) if a Resident has not designated an security of Resident through the retention of an independent contractor. "emergency contact," then, unless directed by court order within such The independent contractor is not a police force nor a guaranteed deterrent 5 days to release the personal property to a specific person, and if not to crime. In the event of criminal activity, Resident should contact the claimed within 10 days after Landlord becomes aware of Resident's death, police department. it shall be deemed abandoned. (iii) Resident shall give Landlord keys,codes or operating devices (ii) If after the death of a Resident, another Resident remains immediately upon installation of any additional security device in the living, Landlord may treat all of the personal property located in an Apartment Home. Any security devices installed by Resident must Apartment Home as belonging to any living Resident, unless otherwise comply with all applicable laws. Resident shall provide Landlord with a directed by a court order. copy of any necessary permit or license prior to installing any additional security device. Resident shall be liable for any license or other fee,or any (iii) Landlord is not required to select among competing claims to fine,related to any additional security device. personal property. C. Release. Resident,for Resident Parties,releases Landlord's Related 16. DEFAULT BY LANDLORD. Parties,and acknowledges and agrees that Landlord's Related Parties shall not be liable for any Loss incurred as a result of the following: A. Landlord's Obligations. Landlord shall act reasonably to: (i) theft,burglary, rape, assault,battery,arson, mischief or other (i) keep Common Areas of the Community reasonably clean; crime, vandalism, fire, smoke, water, lightning, rain, flood, water leaks, hail, ice, snow, wind, explosion, sonic boom, interruption of utilities, (ii) reasonably maintain fixtures, hot water, heating and air electrical shock, defect in any of the contents of the Apartment Home, conditioning(if provided)equipment within the Apartment Home and the defects in the Community(including latent defects),acts of God,acts of Community; terror,acts of other residents or their occupants,guests or invitees,or any other cause; (iii) remain in substantial compliance with applicable laws regarding the condition of the Apartment Home;and (ii) utility services,outages,interruptions or fluctuations in utilities (iv) make reasonable repairs to the Apartment Home and Common provided to the Apartment Home; Areas (subject to Resident's obligation to pay for Losses caused by (iii) the failure of Landlord to deliver possession of the Apartment Resident Parties and as otherwise required by this Lease). Home or the termination of this Lease pursuant to the terms of this Lease; B. Resident's Remedies. Resident may terminate this Lease for (iv) the use of the Community's equipment,services and facilities; violation of Landlord's obligations under this Lease under the following conditions: (v) the storage, disposal or sale of personal property in the Apartment Home,including theft by others and under Section 15; (i) Resident makes written request for repair or remedy of the condition or obligation and all Rent and other amounts under this Lease other than the omissions, fault, negligence or misconduct of Landlord or are current; Landlord's employees or agents acting in the course and scope of their engagement at the Community. Resident,for Resident Parties,unconditionally (ii) Landlord does not repair or remedy the condition or obligation and absolutely releases Landlord's Related Parties from all Losses and waives all within a reasonable time after such written request,considering the nature claims for offset,setoff or reduction of Rent or diminished rental value of the of the problem and the reasonable availability of materials, labor, and Apartment Home resulting from such Losses. Resident shall indemnify and utilities; hold harmless Landlord's Related Parties from any Loss related to the use or occupancy of the Apartment Home or Community and from any Claims made (iii) after a reasonable time has lapsed and Landlord has not made a diligent effort to repair or remedy the condition n obligation,Resident has by Resident Parties, other than to the extent caused by the omissions, fault, given Landlord written notice of intent to terminate this Lease unless the negligence or misconduct of the Landlord. repair is made within 30 days;and 13. ENTRY BY LANDLORD. Landlord and its contractors or servicemen may enter the Apartment Home by key,or by other means,including force,if (iv) the repair has not been made within such period. locks have been installed to which Landlord does not have a key,without notice Lease y terminated pursuant to this section, Landlolordrd shall refundd the the to, or permission of, Resident at reasonable times (except in an emergency Security Deposit and prorated Rent as required by law. Landlord may enter at any time) for the following purposes: repairs, 17. DEFAULT BY RESIDENT. extermination, maintenance, mold remediation, safety or fire inspections; installing, repairing or replacing appliances, equipment or security devices; A. Default. Resident shall be in default of this Lease if inspecting the Apartment Home; showing the Apartment Home to building inspectors,fire marshals,lenders,prospective purchasers,or insurance agents,or (i) Resident fails to pay Rent or other lawful amounts when due to prospective residents after notification of move-out or lease termination has under this Lease,including reimbursement for damages and repairs; been given;and,allowing persons to enter as authorized by Resident or law. If the Apartment Home has been equipped with an electronic alarm system (ii) any Resident Party violates any covenant or condition of this approved by Landlord,Landlord may turn the system off to enter the Apartment Lease or any laws with respect to the use or occupancy of the Apartment Home and may enter and allow the alarm to sound for the above described Home or Community(regardless of whether arrest or conviction occurs); purposes. (iii) Resident abandons the Apartment Home; 14. ANIMALS. Resident shall not permit any animal, including pets (even temporarily except for service animals of guests or invitees with disabilities),to (iv) Resident has given incorrect or false information on the rental enter or remain in the Apartment Home or the Community without the prior application; written consent of Landlord. The presence of an animal without Landlord's consent shall constitute a material breach of this Lease. (v) during the Lease Term, Resident or any Additional Live-In Resident is convicted of,or pleads guilty or"no contest"with respect to, (Massachusetts: Rev. 10/2004) 5 C Wim"` in consent for en into the Apartment Home an drug-related offense,sexual offense,crime against person or property, notice from,consent by(including co try p ) Y g or felony; or action taken by any Resident is a notice from,consent by, or action of all Residents. All demonstrations,inspections and explanations made by Landlord (vi) during the Lease Term,any person within the Apartment Home to one of the Residents shall bind all Residents with the same force and effect as or Community with Resident's consent is or has been convicted of, or if made to each Resident. An Additional Live-In Resident who has permanently pleads guilty or "no contest" with respect to, any drug related offense, moved out according to an affidavit signed by a Resident is, at Landlord's sexual offense,crime against person or property,or any felony,that occurs option,no longer entitled to occupancy of or keys to the Apartment Home. The at the Community or the Apartment Home;or termination of such person's right of occupancy of the Apartment Home shall not release such person from any obligations under this Lease unless specifically (vii) any illegal drugs or paraphernalia are found in the Apartment agreed in writing by Landlord. Home. 19. ASSIGNMENT. Resident shall not sublet or assign this Lease. Any Resident may exercise any statutory right to cure any default to the extent(but purported assignment or sublet of this Lease without the prior written consent of only to the extent)required by law. Landlord is null and void. B. Remedies. Upon default by Resident, after the lapse of any 20. RELEASE OF RESIDENT. applicable statutory cure period, Landlord shall have all remedies available at law, equity, statute or this Lease, all of which may be pursued individually, A. No Release. Resident shall not be released from this Lease on any successively or together. Upon a default by Resident,Landlord may grounds, including voluntary or involuntary school withdrawal or transfer, voluntary or involuntary business transfer, layoff or termination, marriage, (i) collect the Rent Damages, if any,and any other Loss,if any, divorce, marriage reconciliation, loss of co-residents, bad health, or any other related to any Non-Rent Defaults;or reason(except as expressly stated in this section). (ii) terminate the Lease and collect the Rent Default Termination B. Limited Exception-Military Servicemembers. Resident may Damages,if any,and collect any other Loss,if any,related to any Non- terminate this Lease before the Lease End Date by providing the written notice Rent Defaults. required below if: Landlord may (with or without demand for performance)terminate Resident's (i) Resident enters military service of the United States(as defined right of occupancy of the Apartment Home by giving Resident a 14-day Notice in the Servicemembers' Civil Relief Act) after Resident enters into this to Quit for non-payment of rent or a 7-day Notice to Quit for all other Non-Rent Lease;or Defaults,and be entitled to pursue an eviction in court against the Resident. To the extent permitted by law,Landlord may give notice to vacate,if required,by (ii) Resident was a member of the military service of the United any of the following methods: States when the lease was executed and thereafter receives:(I)Orders for a permanent change of station;or(II)Orders to deploy with a military unit (i) regular mail; for at least 90 days. (ii) certified mail,return receipt requested; In order to terminate this Lease under this "Limited Exception-Military Servicemembers", Resident must give Landlord written notice of termination. (iii) personal delivery to any Resident; The termination shall be effective 30 days after the first date on which the next rental payment is due and payable. (For example,if Resident gives Landlord (iv) personal delivery at the Apartment Home to any occupant 16 notice on January 15th,this Lease would terminate on March I with respect to years of age or older; Resident and Resident's dependents). At the time Resident gives such notice, Resident must furnish Landlord with a copy of the servicemember's military (v) affixing the notice to the main entry door of the Apartment orders proving eligibility for the Limited Exception under paragraph B(i)(a)or Home;or B(i)(b). Military permission for base housing does not constitute a permanent change of station order. The release under this subsection applies only to the (vi) as otherwise permitted by law. Resident in U.S. military service and such Resident's dependents (including Resident's spouse). Landlord shall not be deemed to have terminated this Lease unless such termination is in a writing signed by Landlord expressly terminating this Lease. C. Death of All Residents. If all Residents are no longer living, this If the Rent that Resident would pay under this Lease through the Lease End Lease shall terminate upon the death of the last such Resident,except for those Date is less than the Relet Charge plus 2 months Rent,then the portion of the provisions of Section 15 applicable to a deceased Resident's personal property. Rent Default Termination Damages consisting of the Relet Charge plus 2 months Rent shall be reduced to equal the amount of such remaining Rent. 21. MOVE OUT PROCEDURES. The Rent Default Termination Damages are not a lease cancellation or buyout A. Move Out Cleaning and Inspection. Resident shall comply with the fee or a penalty and are intended to be an enforceable liquidated damages terms of Landlord's move-out instructions and otherwise peacefully vacate and amount. Actual damages of Landlord's lost Rent and other damages from surrender possession of the Apartment Home in the same condition as when Resident's default would be difficult to determine with certainty,and the Rent leased,except for ordinary wear and tear. Resident shall clean thoroughly the Default Termination Damages are a reasonable estimate of those damages, Apartment Home,including bathrooms,kitchen appliances,windows,furniture, including Landlord's costs of making the Apartment Home"rent ready,"such as patios,garage and storage rooms,to the same level of cleanliness that existed at cleaning,painting,repairing and marketing the Apartment Home. the time Resident first took occupancy. After Resident vacates the Apartment Home, Landlord will inspect the Apartment Home and shall complete the C. No Waiver. If Landlord gives notice to vacate or Landlord files a Condition Form. Resident may request in writing that Landlord conduct the petition for eviction, Landlord still may accept Rent or other amounts due inspection in Resident's presence by giving Landlord at least 5 days notice prior without to Resident's vacating the Apartment Home. Landlord shall then inform Resident,in writing,of the date and time of the inspection. Any verbal estimate (i) waiving or diminishing Landlord's right of eviction, or other of repairs,charges or deductions given by Landlord's Related Parties shall not rights under law,equity,statute or this Lease, bind Landlord. (ii) waiving any notice to vacate served upon Resident,or B. Deductions. Landlord may deduct the following items from the (iii) waiving Landlord's right to collect from Resident for property Security Deposit: damage,past or future Rent or other amounts due under this Lease. (i) Landlord's actual expenses for repairs and damages beyond D. No Duty to Mitigate. If applicable law requires Landlord to attempt normal wear and tear to the Apartment Home or its contents; to mitigate its damages by reletting the Apartment Home, Landord will use (ii) damages resulting from Resident's breach of any provision of reasonable efforts to relet the Apartment Home,Landlord is not required to relet this Lease;and the Apartment Home before it leases other vacant apartment homes, Landlord may relet the Apartment Home for a period longer or shorter than the remaining (iii) any unpaid Rent or other amounts due to Landlord under the Lease Term,and Landlord is not required to relet the Apartment Home at a rent terms of this Lease. less than, or on terms less advantageous to Landlord than, it is leasing other similar apartment homes. Landlord will use reasonable diligence in obtaining In the case of any deductions,Landlord shall provide to Resident within 30 days fair rent. If Landlord relets the Apartment Home, any payments made after an itemized list of damages, sworn to, with attached documentation regarding reletting shall be credited first against the Rent Damages or Rent Default actual repair. If lawful deductions exceed the total amount of the Security Termination Damages, as the case may be, then to any Losses incurred by Deposit, Resident shall pay such excess amount upon written demand by Landlord, then to other amounts that are not considered "Rent" by applicable Landlord. law,then to delinquent Rent and then to current monthly Rent. C. Surrender. "Surrender"or"vacating" of the Apartment Home shall E. Credit Reporting. Landlord may report all Lease defaults,including occur upon the first to occur of the following events: unpaid Rent,other amounts due and/or insufficient funds or returned checks,to any national or local credit bureau or other similar collection or credit reporting (i) all Residents who signed this Lease live elsewhere and the service for permanent recordation in Resident's credit record as well as to any Lease Term has expired or been terminated;or national or local tenant reporting bureau. (ii) all keys,access cards and remote openers have been turned in. 22. MISCELLANEOUS. 18. MULTIPLE RESIDENTS. If there is more than one Resident, each Resident is jointly and severally liable for all obligations under this Lease. The A. Eminent Domain. If the Apartment Home is taken through the power violation of this Lease by any Resident Party is a violation by all Residents. A or threat of the power of eminent domain,the Rent and other amounts due under this Lease shall be paid by Resident to the date of ouster from the Apartment (Massachusetts:Rev. 10/2004) 6 Jnr"` Home, at which time this Lease shall terminate. The taking of part of the N. DISCLOSURE OF RESIDENT INFORMATION. RESIDENT Community,but not the Apartment Home,by the power or threat of the power ACKNOWLEDGES AND AGREES THAT LANDLORD MAY of eminent domain shall not terminate this Lease or be deemed constructive DISCLOSE INFORMATION WITH RESPECT TO RESIDENT AS eviction of Resident. In the event of a taking of the Apartment Home,the entire REQUIRED BY LAW (SUCH AS SEARCH WARRANTS OR award for damage to the Apartment Home,both leasehold and reversion,except SUBPOENAS), IN COMPLIANCE WITH LAW ENFORCEMENT for relocation expenses or as otherwise provided by statute, shall be the sole REQUESTS OR LEGAL NOTICES, WITH RESPECT TO property,right and cause of action of the Landlord,and Resident hereby assigns AFFORDABLE OR SUBSIDIZED HOUSING-RELATED and conveys to Landlord all of Resident's right,title and interest,if any,in and GOVERNMENT REQUESTS OR AS AUTHORIZED BY RESIDENT, to any joint award made pursuant to any such proceedings and authorizes INCLUDING RENTAL HISTORY. Landlord in the name of Resident to pursue such award for damages and to execute in Resident's name any instrument that may be required to recover such O. Background Investigation. Resident acknowledges and agrees that, award. as stated in resident's rental application, and to the extent permitted by law, landlord may request an investigative consumer report containing information B. Casualty. If the Apartment Home becomes unfit for occupancy,as obtained through personal interviews with resident's landlord, employer or determined by Landlord,whether by casualty or otherwise,Landlord may refuse others with whom resident is acquainted.This inquiry may include information to repair the same and, by giving written notice to Resident, terminate this as to resident's character,general reputation,personal characteristics,mode of Lease. living and credit report.The federal fair credit reporting act requires landlord to provide resident with additional information about the nature and scope of the C. Notice Requirement. All notices by Resident to Landlord or investigation if resident provides a written request of landlord within a Landlord's Representative shall be in writing and delivered to the location where reasonable time. In addition,upon written request,landlord will notify resident Rent is paid or to Landlord's E-Mail Address. Except for a notice to vacate, if an investigative consumer report has been obtained relating to resident,and notices by Landlord to Resident shall be firmly affixed to the Apartment Home's provide resident with the name and address of the consumer-reporting agency door or delivered to the Apartment Home or to such other address as Resident that prepared the report. Resident also may request a copy of any consumer may have designated by written notice received by Landlord. Facsimile report or investigative consumer report relating to resident directly from the signatures are binding on all notices. consumer-reporting agency. Resident acknowledges that it received a summary of resident's rights under the fair credit reporting act when resident executed D. Entire Agreement. This Lease,together with the Definition Annex, resident's rental application. Resident authorizes landlord, or its agent, and Community Rules,and addenda and exhibits attached to this Lease,are a attorney or assign to order and review one or more consumer reports part of,and constitute,the entire agreement between Landlord and Resident with relating to resident (including credit history, criminal history and rental respect to the lease of the Apartment Home,and are considered the"Lease"for history, including other properties owned by property owners affiliated this agreement. No prior or contemporaneous agreements or understandings are with landlord). Resident authorizes landlord, or its agent, attorney or effective for any purpose. The Lease may not be amended or supplemented assign to order or prepare, and review, investigative consumer reports except by an agreement in writing signed by Resident and Landlord. No relating to resident. Resident understands and authorizes landlord, or its statement of any of Landlord's Related Parties shall modify, add, or delete agent,attorney or assign to continue to obtain or prepare consumer reports provisions of this Lease unless in writing signed by Resident and Landlord. and investigative consumer reports on resident for the duration of this lease This Lease may be executed in multiple copies. and at any time thereafter, including for the purposes of collection of E. Rental Application. Resident represents and warrants that all of amounts resident may owe under any lease or other agreement. Resident further authorizes and directs all employers, financial institutions, banks, Resident's statements in the rental application are true and correct and creditors, and residential managers/landlords to release any and all understands that Landlord relied upon these statements in the execution of this information relating to resident to landlord or its agent,attorney or assign. Lease. If this Lease is executed prior to approval of Resident's rental application The provisions of this section shall survive the termination of this lease for by Landlord, this Lease shall not become effective until Landlord has either the purpose of landlord pursuing remedies against resident for breach of tendered the Apartment Home to Resident or approved Resident's application(s) this lease. in writing. If any information stated in the rental application changes during the Lease Term, Resident shall immediately notify Landlord in writing of the P. State Law. To the extent that federal law or the laws of the state, change. county or municipality in which the Community is located impose any requirement on Landlord or Resident that is contrary to any provision of this F. Waiver. The waiver by Landlord of any term contained in this Lease Lease or prohibit the inclusion in any lease of any provision included in this shall not be effective unless in writing and signed by Landlord, and any such Lease,this Lease shall be deemed to be amended so as to comply with such law. waiver shall not be a waiver of any other term or any subsequent breach of the The reformation of any provision of this Lease shall not invalidate this Lease. If same or any other term of this Lease. The acceptance of Rent or other amounts an invalid provision cannot be reformed,it shall be severed and the remaining due from Resident to Landlord shall not be deemed a waiver of any preceding portions of this Lease shall be enforced. default by Resident of any term of this Lease,other than the failure of Resident to pay the particular Rent or amount so accepted, regardless of Landlord's Q. Arbitration. Except for any Excluded Claim(as defined below),any knowledge of such preceding default at the time of the acceptance of such Rent dispute, claim, demand, action, proceeding or cause of action of any kind or or other amounts. nature whatsoever relating to this Lease,whether for damages or for injunctive or other legal, equitable or other relief, whether arising under federal, state, G. Landlord's Representative. Landlord's Representative acts only as local, common, statutory, regulatory, constitutional or other law, between agent for Landlord. Responsibility for all obligations of Landlord, including Resident and Landlord shall be settled by arbitration administered by the Security Deposits,rests entirely with Landlord. Landlord's Representative shall American Arbitration Association (the "AAA") in the state in which the have all the rights,powers and benefits of Landlord under this Lease. Community is located. If Landlord and Resident cannot agree on the selection H. Binding Effect. The covenants and conditions contained in this of an arbitrator within 15 days after the request for arbitration,the AAA shall Lease shall inure to the benefit of and bind the successors and permitted assigns select an arbitrator. The determination of the arbitrator in such arbitration shall of the parties to this Lease. be final and binding and may be enforced in any court of competent jurisdiction. The arbitrator shall assess the costs of arbitration against the party which is not I. Jurisdiction/Governing Law . Except as set forth in the section the substantially prevailing party in such arbitration. An"Excluded Claim"is entitled"Arbitration,"Landlord and Resident agree that any action to enforce or any action, proceeding or cause of action by Landlord for the eviction of interpret, or related to, this Lease shall be brought in a court of competent Resident from the Apartment Home, to recover possession of the Apartment jurisdiction in the Commonwealth of Massachusetts. Landlord and Resident Home or to collect past due Rent or other amounts due under the Lease. An consent to personal jurisdiction and venue in such courts. This Lease shall be Excluded Action shall be brought in a court of competent jurisdiction in the state governed by and construed in accordance with the laws of the Commonwealth in which the Community is located. This section shall survive the termination or of Massachusetts, without giving effect to the principles of conflict of laws expiration of this Lease. thereof. R. Fair Housing. Landlord adheres to the federal Fair Housing Act J. Continuing Liability. No termination or expiration of this Lease which stipulates that it is illegal to discriminate against any person in housing shall relieve Resident of any obligation to pay or reimburse sums to Landlord. practices because of race, color, religion, sex, national origin, disability or familial status. All requirements of the Fair Housing Act and all other federal, K. Assignment By Landlord. Nothing in this Lease restricts Landlord's state and local laws pertaining to civil rights of the Community's applicants and right to sell,convey,ground lease,hypothecate,assign or otherwise deal with residents will be followed during all leasing and management activities of the the Apartment Home or Community or Landlord's interest under this Lease. Community. Resident shall look to Landlord's transferee for performance of Landlord's obligations relating to the period after such effective date. This Lease will not S. Prorations. Any proration of Rent under this Lease shall be be affected by any such sale, conveyance, ground lease hypothecation or calculated by dividing the Rent by 30 days and multiplying that amount by the assignment,and Resident will allom to Landlord's transferee. Resident accepts applicable number of days in the month. the Apartment Home subject to and subordinate to any existing or future T. Other Deposits. Every deposit (including the Security Deposit) recorded mortgage, deed of trust, easement, lien or encumbrance, or, if collected under this Lease and any Addendum attached hereto shall be treated as determined by any lender,superior to any existing or future mortgage or deed of one, collective "security deposit" for all purposes under this Lease and by trust. Massachusetts law,including the rights of Landlord to deduct from said deposit. L. Standard of Decision. Unless otherwise expressly provided in this Lease,if Landlord has discretion with respect to any matter,or any consent or [end of page) approval is to be made by Landlord,such discretion,consent or approval shall be in Landlord's sole,subjective discretion. M. Examples Are Not Limitations. All examples of items or matters included in a description are given as examples only,without limitation as to the description given of such matter. (Massachusetts: Rev. 10/2004) 7 Mr 20 - 3 Dehumidifier Log Date Time Tech Amount 3 -o Iq i`3 0 k t a- 1 /�p / 6 - oq APPENDIX 6 Page 1 of 2 APPENDIX 6 TIPS FOR PREVENTING CONDENSATION OR MOISTURE BUILDUP IN YOUR APARTMENT HOME It is our goal to maintain the highest quality living environment for our residents. To achieve this goal, it is important that we work together to prevent condensation and moisture build-up in you apartment home. Moisture buildup can lead to structural damage, your personal property damage, and mold. You can help us minimize the damage caused my excessive moisture in your apartment home by taking the following actions: ► Immediately report to the management office any evidence of a water leak or excessive moisture in your apartment home, storage room, garage, or any common area. b► Open windows frequently when the weather is dry to allow an exchange of air and permit the introduction of sunlight through your apartment home. It may help if you run the fan on your furnace to circulate fresh air throughout your apartment home during these times. No- In damp or rainy weather conditions, keep windows and doors closed. 0- If possible, maintain a temperature of between 50 degrees and 80 degrees Fahrenheit within your apartment home at all times. 0. On a regular basis, wipe down and dry areas where moisture sometimes accumulates, like countertops, windows and windowsills. ► Use any pre-installed bathroom fan when bathing or showering and allow the fan to run until all excess moisture has vented form the bathroom. F Use the exhaust fans in your kitchen when cooking or while the dishwasher is running and allow the fan to run until all excess moisture has vented from the kitchen. No, Limit houseplants to a reasonable number to keep the moisture level in your apartment to a minimum. ► Ensure that your clothes dryer is properly connected and clean the lint screen after every use. 10- When washing clothes in warm or hot water, watch to make sure condensation does not build up within the washer and dryer closet; if condensation does accumulate, dry with a fan or towel. I► If you live in a humid climate, the use of a personal dehumidifier will help regulate humidity levels in your apartment home and create a more comfortable environment. lhttn-//intranet.aimeo.cem/Risk/ ,andE/moldme-mt/MoldPolicv/Annendix%206.hhn 11/15/2002 APPENDIX 6 Page 2 of 2 Is Thoroughly dry any spills on carpeting. ► Do not overfill closets or storage areas. l: Do not allow damp or moist stacks of clothes or other cloth materials to lay in piles for an extended period of time. One of the byproducts of excessive moisture is Mold and/or Mildew. You can help us minimize the damage caused in your apartment home by taking the following actions: ► Immediately report to the management office any evidence of mold or mildew-like growth that cannot be removed by simply applying a common household cleaner and wiping the area. Also report any area of mold or mildew that reappears despite regular cleaning. ► Report to the management office any failure or malfunction with your heating, ventilation or air-conditioning system. Do not block or cover any of the heating, ventilation or air- conditioning ducts in your apartment home. ► Report to the management office any inoperable windows or doors. I► Report to the management office any musty odors that you notice in your apartment home. Po- Clean and dust your apartment on a regular basis. Regular vacuuming, mopping and use of environmentally safe household cleaners are important to remove household dirt and debris that mold feeds on. I► Periodically, clean and dry walls and floors around the sink, bathtub, shower, toilets, windows, and patio doors using a common household disinfecting cleaner. http://lntranet.aimco.com/Risk/SandE/moldmgmt/MoldPolicy/Appendix%206.htm 11/15/2002 APPENDIX 9 Page 1 of 4 APPENDIX 9 AINICO GOOD NEIGHBOR PRINCIPLES Community Management Practice Community Management will provide each Resident with a quality home and allow the quiet enjoyment and use of such home. Community Management will provide quality customer service to each Resident and will provide each Resident with a detailed Resident Handbook outlining Community related rules and regulations. Community Management will provide a positive and timely move-in and move-out experience. Community Management will provide a clean community and maintain the exterior of the building and all common areas and on-site amenities. Community Management will respect the visitors and guests of each Resident. Community Management will promptly respond after notice to any maintenance, repair, or service request. Community Management promptly will respond to any report of a mold problem and remedy any actual mold problem. If necessary to remedy mold, Community Management will temporarily relocate affected Residents, without cost to the Residents, to another home in the Community or, if no such homes are available, to a home in another AIMCO managed community. Community Management will reasonably respond to unsafe conditions and unauthorized visitors. Community Management will work with law enforcement to create a drug-free community. Community Management will respond to disturbances and excessive noise. Resident Practice I will pay my rent on time according to the terms of my lease and abide by all of the other terms of my lease and by the Community rules and regulations. I will respond when contacted by a Community Management representative and report any problems or issues that need to be resolved. I will familiarize myself with and refer to the Resident Handbook and inquire of Community Management when I am unsure of Community rules or regulations. I will use common areas and on-site amenities responsibly in compliance with Community rules and regulations. I will not use common areas or patios/balconies for storage. http://intranet.aimeo.coin/Risk/SandE/moldmgmt/MoldPolicy/Appendix%209.htm 11/15/2002 APPENDIX 9 Page 2 of 4 1 will be responsible for the actions of my guests and visitors to ensure that the standards and policies of the Community are met. I will promptly report any damage to my home and any maintenance, repair, or service needs and allow access to Community Management to perform maintenance, service and repairs. I will maintain my home properly to ensure that no mold is allowed to develop or grow in it. I will immediately report any signs of mold in the Community or in my home to Community Management and to AIMCO Resident Relations (1-800-999-8600). 1 will provide immediate access to my home upon request to permit Community Management to inspect for and remedy any mold problem. I will temporarily relocate to another home in the Community, at Community Management's request and expense, to allow Community Management to remedy mold in my home. If no other home is available in the Community, I agree to be relocated temporarily to another AIMCO managed community, if available, or allow my lease to be terminated without further obligation. Community Management will encourage a congenial community environment built on principles of mutual respect and courtesy for others. Violence in the Community is strictly forbidden. Community Management will implement a policy to prohibit solicitors. Community Management will not tolerate unlawful discrimination or harassment, and will investigate promptly and respond appropriately to any report of harassment or discrimination of any type, including sexual harassment. I will be aware of my surroundings and take personal safety precautions. I will report the presence of unauthorized visitors and suspicious activities. I will not allow drugs onto the Community or in my home and will report any drug-related activity to Community Management and law enforcement. I will keep noise in my home to a minimum and report any disturbances or excessive noise. I will treat all of my fellow Residents with respect, refrain from violence, and immediately report any incident of violence. I will not invite solicitors to the Community or solicit other Residents in the Community. I immediately will report all incidents of harassment, including sexual harassment, or discrimination directed against me or my family to either Community Management or to AIMCO Resident Relations (1-800-999-8600). We appreciate your taking the time to review our Good Neighbor Principles. Your residency is of the utmost importance to us and the on-site Community Management team is here to serve http://intranet.aimco.coin/Risk/SandE/moldmgi-nt/MoldPolicy/Appendix°/`209.htm 11/15/2002 APPENDIX 9 Page 3 of 4 you. While the on-site Community Management team will best be able to assist you, if, at anytime, the on-site Community Management team is not responsive to your requests, we encourage you to contact AIMCO Resident Relations (1-800-999-8600). Thank you for choosing this Community. Welcome Home! AGREED TO AND ACKNOWLEDGED BY COMMUNITY MANAGEMENT Community Name: By: Community Representative Date: AGREED TO AND ACKNOWLEDGED BY RESIDENT Name: Date: Name: Date: dm t/N4oldPolic /A endix%209.htm 11/15/2002 http://intranet.aimco.com/I2isk/SandE/mol ,gym y pp Table 2 (AIMCO Mold Severity Levels) Page 1 of 2 Table 2 (AIMCO Mold Severity Levels) Remediation Parameter Level 1 Level 2 Level 3 Level 4 Level 5A Level 5 ......... __.... _. Description Small Isolated Areas(10 sq. Mid-Sized Isolated Areas Large Isolated Areas(30 Extensive Contamination :HVAC Systems(Less than HVAC Systems 1 ft.or less) (10-30 sq.ft.) 100 sq.ft.) (Greater than 100 10 sq.ft.) than 10 sq.ft. ) :contiguous sq.ft.) .Examples Ceiling Tiles,Small Areas on 'Individual Wallboard Panels Several Wallboard Panels :Multiple Wallboard Panels Wall Minimum requirements for Trained Building Staff'* :Trained Building Staff** Qualified Health and Qualified Health and Trained Building Staff** Qualified Health remediation oversight Safety Professional Safety Professional Safety Professio ....... .... .._.........._.... ........... Respiratory Protection— 'N95 Disposable respirator 'N95 Disposable respirator 'N95 Disposable respirator Full-face respirators with N95 Disposable respirator Full-face respiral NEPA cartridges HEPA cartridges .............. . ............ . .. ....._._ .... .......... ....... _ ... ... Gloves Yes 'Yes Yes ;Yes Yes Yes Eye Protection Yes ... -:Yes Yes Yes Yes Yes : Yes Protective Clothing No :No No :Yes No _ . Remediation while Yes ;Yes Yes Yes Yes ;Yes ;unoccupied _ ...... .......... . .. _ Relocate Resident(s): Temporary-during Temporary,Permanent if Permanent Relocation Permanent Relocation Temporary-during .Temporary, Pern Temporary or Permanent ;repair/remediation `occupied by susceptible repair/remediation occupied by suss ;groups* groups* .. .......... ........ ... .. .... Vacate adjacent spaces :Recommended if occupied bysRecommended if occupied ,Yes Recommended if occupied Recommended if occupied Recommended i' susceptible groups* by susceptible groups* by susceptible groups* by susceptible groups* by susceptible gi F . ._ ... . Mold Case Manager AIMCO CM or SM ;AIMCO CM or SM DOTS DOTS AIMCO CM or SM DOTS :Who will Remediate AIMCO Maintenance Staff AIMCO Maintenance Staff :Outside Contractor Outside Contractor AIMCO Maintenance Staff Outside Contract ...... .. .. .......... Containment Required No Critical barriers Critical barriers Critical barriers,airlocks, Critical barriers Critical barriers,. decon room within critical :decon room if ov 'barriers eft• 'HEPA Filtered Negative Air 'No No ;No Yes No ......... ... ......_.... _.. . ._.... ........ .. Yes Dust suppression Misting Misting Misting Misting Misting Misting Bag contaminated materials Yes Yes Yes Yes Yes Yes ..... . .................... ........... ............... .... .. ....... .Post Remediation Cleaning 'Clean with damp cloth and/or.NEPA vacuum and clean :NEPA vacuum and clean 'NEPA vacuum and clean ;NEPA vacuum and clean NEPA vacuum a of work area and egress mop with detergent solution :with damp cloth and/or mop:with damp cloth and/orwith damp cloth and/or :with damp cloth and/or mop with damp cloth with detergent solution 'mop with detergent mop with detergent with detergent solution mop with deterg( solution solution solution M..... ... ... .._.._..._ _.._......, __._ ._. _ ....._ ._.............._.. ._. . Clearance Testing =No .No No Yes No Yes *Susceptible groups include infants less than 12 months old,persons recovering from recent surgery,immune suppressed people or people with chronic inflammatory Iung diseas asthma,hypersensitivity pneumonitis,and severe allergies). ;**OSHA Hazard Communication Standard 29 CFR 1910.1200,governs worker training.Such persons should receive training on proper clean-up methods,personal protection,and 1 healthhazards.A copy of the standard is available on the OSHA website at http://www.osha-sic.gov/OshStd_data/1910 1200.html. ***Respiratory protection in accordance with the OSHA respiratory protection standard(29 CFR 1910.134)is recommended.A copy of the standard is available on the OSHA Web si http://www.osha-slc.gov/OshStd data/1910 0134.html. _ . .. ..__._... __.... .. __.._ _........ __...... .. ....._..._.. _....._. .........._._ ......... Royal Crest On November 19, 20041 did a drive by at Royal Crest, Building 20. The gutters have been extended away from the building. Michele E Grant 4 Royal Crest Estates November 11,2004 _ Michele Grant Public Health Inspector NOS 15 2004 Town of North Andover Office of the Health Department TMAim c), Community Development and Services Division 400 Osgood Street North Andover, Massachusetts 01845 Dear Ms. Grant: Thank you for visiting Royal Crest North Andover on Tuesday, November 9, 2004. 1 am confident that the Management Team for Royal Crest and the Office of the Health Department for the Town of North Andover will continue to work together to service the needs of our mutual constituents. This response is directed to your letter dated November 2`'d,2004 regarding 20 Royal Crest Avenue, Apt 3 and the above mentioned visit to the property. We both agreed that the apartment was in good condition and void of any noticeable water infiltration issues. The carpet was stained from what appeared to be topical and not from any water/mold emanating from the concrete flooring. The minor mold/stain on the drywall was considered of little significance to necessitate the removal of the drywall and normal cleaning would control such re- occurrence. The extensions for the downspouts will be installed in a 24-hour timeframe. It was noted that the apartment, possibly the carpet had a"musty"odor. As requested,please note below the Action Plan for the apartment and the community. 20 Royal Crest Avenue,Apartment#3 1. Make apartment rent ready by Friday, November 19,2004 or sooner. 2. Simulate living conditions and monitor humidity and temperature levels. 3. Install extensions on downspouts. Upon completion of the "turnover' of the apartment, Royal Crest Management will invite the Office of Health Department to visit the apartment as many times as necessary to obtain certificate of compliance. It is both parties'intentions to do so by December 1,2004. The Royal Crest Community—Drains 1. Re-grade the areas at the building perimeters in order to provide positive drainage away from the building perimeter. The tentative plan is to complete 10 buildings in a 2 year time frame, if not sooner. We trust that the positive steps taken above will result in providing a solid foundation for the future and look fo and to completing the above action plan to all parties' mutual satisfaction. cer Mark T nson Community Manager, Royal Crest-North Andover www.aimco.com/royal • 50 Royal Crest Drive • North Andover, MA 01845 • Tel: (978)682-7200 • Fax: (978)682-9064 Date 8861 ' NCRrM / TOWN OF NORTH ANDOVER PERMIT FOR.PaJMBING SSACHUS� This certifies that,V.' . �"�J, . . . .?... .... .`. . . .�. has permission to performl�yOh!?-�. . r '� . . L--- plumbing in the buildings of . oh ey . C/u?T , ` 7-1. . . . . . . at �d/e9 . . . . . . . . North Andover, Mass. Fee. .�. . .Lic. No..,,Y.00/ . . . . . . . . . . . . . . . . . . . . . . . . . . . PLUMBING INSPECTOR Check .7 -0/ MASSACHUSETTS UNIFORM APPLICATION FOR PERMIT TO DO PLUMBING ` i City/Town: V4�MVZr ,MA. Date: 1'1%-200V Permit# ` I Building Location: 50 4e&W& CeEJi 4e416 Owners Name: ` Type of Occupancy: Commercial i - yp p y: ❑ Educational❑ Industrial❑ Institutional❑ Residential[- ` New:❑ Alteration:❑ Renovation:❑ Replacement: Plans Submitted: Yes❑ No❑ l FIXTURES ` DEDICATED rr z SYSTEMS WZ I Z y 0 WZ Y x w 0 O Z a W Z W Z F W Z 9 N H _Z N W F a 3 m H z H w > a H Y vi y� a X a ~ C a W a Z 4: Q Q W Z W J Z U d L6 a x = 3 0 3 = z LL '^ J a x W W o�S o N 3 W LU Q a 3 Y W Cr U a m m D D 0 = Y > > O Q Q Z a a a F H W a Q g g 3 3 3 Q a 3 SUB BSMT. BASEMENT 1ST FLOOR 2ND FLOOR ` 3RD FLOOR 1 4T"FLOOR 5T"FLOOR 6T"FLOOR 7T"FLOOR 8T"FLOOR Check One Only Certificate# Installing Company Name: ` 1*1 f& y 70�O�ltilE�/ �p/��Q cj'yfT r ❑Corporation Address: /S"Z pLL'V79f yl ST City/Town: QEioigl&46: State: X44 ❑ Partnership Business Tel: 7F/ 0'741- yY37 Fax:_��/ 2gy- ��oy ❑Firm/Company Name of Licensed Plumber: /m INSURANCE COVERAGE: I have a current liability insurance policy or its substantial equivalent which meets the requirements of MGL.Ch.142 Yes ® No❑ If you have checked Yes,please indicate the type of coverage by checking the appropriate box below. A liability insurance policy P Other type of indemnity ❑ Bond ❑ OWNER'S INSURANCE WAIVER: I am aware that the licensee does not have the insurance coverage required by Chapter 142 of the Massachusetts General Laws,and that my signature on this permit application waives this requirement. Check One Only Signature of Owner or Owner's Agent Owner ❑ Agent ❑ I hereby certify that all of the details and information I have submitted(or entered)regarding this application are true and accurate to the best of my Knowledge and that all plumbing work and installations performed under the permit issued for this application will be in compliance with all I Pertinent provision of the Massachusetts State Plumbing Code and Chapter 142 of the Ge ner I L ws. By Type of License: Title ❑Plumber Signature of Licensed lumber City/Town ❑ Master O 7 APPROVED OFFICE USE ONLY ❑Journeyman License Number: i I 9747 Date.................................. 04 'OkORT•il A TOWN OF NORTH ANDOVER 0 f. 0 PERMIT FOR WIRING 4L ,Sy *AT.P A u US This,certifies that 71:—�C............................................................................................. has permission to perform �e2jllct- &-Pik/2......................................................................... wiring in the building UJI .......... .. ........ ...... . .. ...................................................... ...........y............. at.:4P.6?YAr—e&!��7.. rorth Andover,Mass. `Fee......S....5........... Lic.No../C.7SI7 ............... ......................... ........ . E cm i icAL INsPEcToR Check # Commonweahk of f•f'laijac4aaelb Official Use Only cc-� cc77 Permit No. l 7 y� vUe�narEmenE o�.}ire�ervices Occupancy and Fee Checked BOARD OF FIRE PREVENTION REGULATIONS [Rev. 1/07] (leave blank) APPLICATION FOR PERMIT TO PERFORM ELECTRICAL WORK All work to be performed in accordance with the Massachusetts Electrical Code(MEC),527 CMR 12.00 (PLEASE PRINT IN INK OR TYPE ALL INFORMATION) Date: November 2, 2010 City or Town of: North Andover To the Inspector of Wires: By this application the undersigned gives notice of his or her intention to perform the electrical work described below. Location(street&Number) 50 Royal Crest Drive Building #24 & Maintenance shack Owner or Tenant Royal Crest Apartments Telephone No. 978-681-1822 Owner's Address 50 Royal Crest Drive North Andover, MA 01845 Is this permit in conjunction with a building permit? Yes ❑ No ® (Check Appropriate Box) Purpose of Building Commercial -Apartment Buildingiltility Authorization No. Existing Service Amps / Volts Overhead ❑ Undgrd❑ No.of Meters _ New Service Amps / Volts Overhead ❑ Undgrd ❑ No.of Meters Number of Feeders and Ampacity Location and Nature of Proposed Electrical work: Make repair to burnt wires in handhole feeding building 24 and Maintenance Shack as necessaryl Completion of the following table may be waived by the Inspector of Wires. No.of Recessed Luminaires No.of Ceil.-Susp.(Paddle)Fans o.of Total Transformers KVA No.of Luminaire Outlets No.of Hot Tubs Generators KVA No.of Luminaires Swimming Pool Above ❑ n- ❑ o.o Emergency Lighting rnd. rnd. Batte Units No.of Receptacle Outlets No.of Oil Burners FIRE ALARMS No.of Zones No.of Switches No.of Gas Burners o.of Detection and Initiating Devices No.of Ranges No.of Air Cond. Total No.of Alerting Devices Tons No.of Waste Disposers Heat Pump Number Tons KW No.of elf-Contained Totals: ........................ Detection/Alertina Devices f No.of Dishwashers Space/Area Heating KW Local❑ Municipal ❑ Other Connection No.of Dryers Heating Appliances KW ecuritySystems:* No.of Devices or Equivalent No.o Water Kms, No.o o.o Data Wiring: Heaters Si ns Ballasts No.of Devices or Equivalent No.Hydromassage Bathtubs No.of Motors Total HP Telecommunications Wiring: No.of Devices or Equivalent OTHER: Attach additional detail if desired, or as required by the Inspector of Wires. Estimated Value of Electrical Work: $ 1,100,00 (When required by municipal policy.) Work to Start: 10/31/2010 Inspections to be requested in accordance with MEC Rule 10,and upon completion. INSURANCE COVERAGE: Unless waived by the owner,no permit for the performance of electrical work may issue unless the licensee provides proof of liability insurance including"completed operation"coverage or its substantial equivalent. The undersigned certifies that such coverage is in force,and has exhibited proof of same to the permit issuing office. CHECK ONE: INSURANCE ® BOND ❑ OTHER ❑ (Specify:) I certify,under the pains and penalties of perjury,that the information on this application is true and complete. FIRM NAME: The Electricians & Co. Inc. LIC.NO.: A10737 Licensee: Wayne Morganti Signature , v LIC.NO.: E28407 (If applicable, enter "exempt"in the license number line.) Bus.Tel.No.: 781-322-9344 Address: 50 Branch Street Malden, MA 02148 Alt.Tel.No.: 781-322-3100 *Per M.G.L.c. 147,s.57-61,security work requires Department of Public Safety"S"License: Lic.No. SS CO 001021 OWNER'S INSURANCE WAIVER: I am aware that the Licensee does not have the liability insurance coverage normally required by law. By my signature below,I hereby waive this requirement. I am the(check one)❑owner ❑owner's a ent. Owner/Agent PERMIT FEE. $ Signature Telephone No. 3 0- r w n The Commonwealth of Massachusetts Department of Industrial Accidents Office of Investigations U1W 600 Washington Street Boston,MA 02111 www.mass.gov/dia Workers' Compensation Insurance Affidavit: Builders/Contractors/Electricians/Plumbers Applicant Information Please Print Legibly Name(Business/Organization/Individnap: The Electricians & Co Inc Address: 50 Branch Street City/State/Zip: Malden. MA 02148 Phone#: (781) 322-9344 Are you an employer?Check the appropriate box: Type of project(required): 1.® I am a employer with 15 4. ❑ I am a general contractor and I employees(full and/or part-time).* have hired the sub-contractors 6. New construction 2.❑ I am a sole proprietor or partner- listed on the attached sheet. 7. ❑ Remodeling ship and have no employees These sub-contractors have 8, ❑ Demolition working for me in any capacity. employees and have workers' 9. Building addition [No workers' comp. insurance comp. insurance. t ❑ required.] 5. ❑ We are a corporation and its 10.® Electrical repairs or additions 3.❑ I am a homeowner doing all work officers have exercised their I I.❑ Plumbing repairs or additions myself o workers' right of exemption per MGL y � comp. 12.❑Roof repairs insurance required.]t c. 152,§1(4),and we have no employees. [No workers' 13.❑ Other comp. insurance required.] 'Any applicant that checks box#1 must also fill out the section below showing their workers compensation policy information. I Homeowners who submit this affidavit indicating they are doing all work and then hire outside contractors must submit a new affidavit indicating such. $Contractors that check this box must attached an additional sheet showing the name of the sub-contractors and state whether or not those entities have employees. If the sub-contractors have employees,they must provide their workers'comp.policy number. I am an employer that is providing workers'compensation insurance for my employees. Below is the policy and job site information. Insurance Company Name: Hanover Insurance Company Policy#or Self-ins.Lie.#: WH N 6055762 01 Expiration Date: 09/01/2011 50 Royal Crest Drive Job Site Address: Building#24&Maintenance Sha _k City/State/Zip:_N. Andover, MA 01845 Attach a copy of the workers' compensation policy declaration page(showing the policy number and expiration date). Failure to secure coverage as required under Section 25A of MGL c. 152 can lead to the imposition of criminal penalties of a fine up to$1,500.00 and/or one-year imprisonment,as well as civil penalties in the form of a STOP WORK ORDER and a fine of up to$250.00 a day against the violator. Be advised that a copy of this statement may be forwarded to the Office of Investigations ofthe DIA for insurance coverage verification. I do hereby certify under the pains and penalties ofperjury that the information provided above is true and correct. Signature: �!!!!-Jr Y6 -� Date: November 2 2010 Phone#: (781-)-322-3100 Official use only. Do not write in this area,to be completed by city or town official. City or Town: Permit/License# Issuing Authority(circle one): 1.Board of Health 2.Building Department 3.City/Town Clerk 4.Electrical Inspector 5.Plumbing Inspector 6.Other Contact Person: Phone#: 1 r 9945 Date....:3...... 4, TOWN OF NORTH ANDOVER PERMIT FOR WIRING c c u u 64 Thiscertifies that ............................................................................................. has permission to perform ... ...... ................... .................................. wiring in the building of...............ll.................................... - at ,y /Prd.. ..A. ..n..d..o..v..e. i..,..M...a..... ....t Od Fee...1Z;�... Lic.No../. ..72 7. ................ ............ .......... ELE ICALI SPE R ... ... Check # (fommonwea&of M7ajjac4taetEa Official Use Only_ QR Apartment of- ire Servicee Permit No. Occupancy and Fee Checked r BOARD OF FIRE PREVENTION REGULATIONS [Rev. 1/071 leave blank) APPLICATION FOR PERMIT TO PERFORM ELECTRICAL WORK All work to be performed in accordance with the Massachusetts Electrical Code(MEC),527 CMR 12.00 (PLEASE PRINT IN INK OR TYPE ALL INFORMATION) Date: March 4, 2011 City or Town of: North Andover To the Inspector of Wires: By this application the undersigned gives notice of his or her intention to perform the electrical work described below. Location(Street&Number) 50 RoYal Crest Drive Building # 10 Owner or Tenant Royal Crest Apartments Telephone No. 978-681-1822 Owner's Address 50 Roval Crest Drive North Andover, MA 01845 Is this permit in conjunction with a building permit? Yes ❑ No X❑ (Check Appropriate Box) Purpose of Building Commercial -Apartment BUIIdinTsUtility Authorization No. Existing Service Amps / Volts Overhead ❑ Undgrd❑ No.of Meters New Service Amps / Volts Overhead ❑ Undgrd ❑ No.of Meters Number of Feeders and Ampacity Location and Nature of Proposed Electrical Work: Install 6 Gell Packs! ' Completion ofthefollovi,ing table may be waived by the Inspector of Wires. i No.of Recessed Luminaires No.of Ceil.-Susp.(Paddle)Fans No.of Total Transformers KVA No.of Luminaire Outlets No.of Hot Tubs Generators KVA No.of Luminaires Swimming Pool Above ❑ n- ❑ o.o Emergency Lighting rnd. rnd. of Units 6 No.of Receptacle Outlets No.of Oil Burners FIRE ALARMS No.of Zones No.of Switches No.of Gas Burners No.of Detection and Initiatin Devices No.of Ranges No.of Air Cond. Total No.of Alerting Devices Tons g No.of Waste Disposers Heat um Number Tons KW No.of Self-Contained Totals . "" Detection/Alerting Devices No.of Dishwashers Space/Area Heating KW Local❑ Municipal El Other Connection No.of Dryers Heating Appliances Kms, Security Systems: No.of Devices or Equivalent Heaters No.o Water K`,`, No.o No.o Data Wiring: Signs Ballasts No.of Devices or E uivalent No.Hydromassage Bathtubs No.of Motors Total HP Telecommunications Wiring: No.of Devices or E uivalent OTHER: Attach additional detail if desired, or as required by the Inspector of Wires. Estimated Value of Electrical Work: $ 600.00 (When required by municipal policy.) Work to Start: 03/04/2011 Inspections to be requested in accordance with MEC Rule 10,and upon completion. INSURANCE COVERAGE: Unless waived by the owner,no permit for the performance of electrical work may issue unless the licensee provides proof of liability insurance including"completed operation"coverage or its substantial equivalent. The undersigned certifies that such coverage is in force,and has exhibited proof of same to the permit issuing office. CHECK ONE: INSURANCE ® BOND ❑ OTHER ❑ (Specify:) I certify,under the pains and penalties of perjury,that the information on this application is true and complete. FIRM NAME: The Electricians & Co. Inc. A LIC.NO.: A10737 Licensee: Michael J. Parziale Signature LIC.NO.: E20269 (If applicable,enter "exempt"in the license number line) Bus.Tel.No.: 781-322-9344 Address: 50 Branch Street Malden, MA 02148 Alt.Tel. No.: 781-322-3100 *Per M.G.L. c. 147,s.57-61,security work requires Department of Public Safety"S"License: Lic.No. SS CO 001021 OWNER'S INSURANCE WAIVER: I am aware that the Licensee does not have the liability insurance coverage normally required by law. By my signature below,I hereby waive this requirement. I am the(check one)❑owner ❑ owner's a ent. Owner/Agent Signature Telephone No. PERMIT FEE: $ 125.00 9942 Date......�......7-..1.(1. .... ...... .. ... AL TOWN OF NORTH ANDOVER PERMIT FOR WIRING SA US .... .. This certifies that ............................. ............... ........................ has permission to perform .......... ........... wiring int e building of at.�kr�W..(n.dt;.S.r..0.q.... North Andover Mass. ............ Fee..l..2.5--!if. Lic.No-10Z I'ELE�*TICA"-L-&S�-��W;'� . .. ............ ......... ........ Check # (ommonwea&of Vajeackae//a Official Use Only 2epartment of ire Serviced Permit No. Occupancy and Fee Checked y BOARD OF FIRE PREVENTION REGULATIONS [Rev. 1/07] (leave blank) APPLICATION FOR PERMIT TO PERFORM ELECTRICAL WORK All work to be performed in accordance with the Massachusetts Electrical Code(MEC),527 CMR 12.00 (PLEASE PRINT IN INK OR TYPE ALL INFORMATION) Date: March 4. 2011 City or Town of: North Andover To the Inspector of Wires: By this application the undersigned gives notice of his or her intention to perform the electrical work described below. Location(Street&Number) 50 Royal Crest Drive Building # Owner or Tenant Royal Crest Apartments Telephone No. J78-681-1822 Owner's Address 50 Royal Crest Drive North Andover, MA 01845 Is this permit in conjunction with a building permit? Yes ❑ No X❑ (Check Appropriate Box) Purpose of Building Commercial -Apartment Buildin�sUtility Authorization No. Existing Service Amps / Volts Overhead ❑ Undgrd❑ No.of Meters New Service Amps / Volts Overhead❑ Undgrd ❑ No.of Meters Number of Feeders and Ampacity Location and Nature of Proposed Electrical Work: Install 6 Gell Packs! Completion of thefollowing table may be waived by the Inspector of Wires. 1 No.of Recessed Luminaires No.of Ceil:Susp.(Paddle)Fans No.of Tota Transformers KVA No.of Luminaire Outlets No.of Hot Tubs Generators KVA No.of Luminaires Swimming Pool Above El 1:1 o.o mergency ig ing rnd. rnd. Batter Units 6 No.of Receptacle Outlets No.of Oil Burners FIRE ALARMS No.of Zones No,of Switches No.of Gas Burners f Detection ing Devn es No.of Ranges No.of Air Cond. Tons Total No.of Alerting Devices No.of Waste Disposers Heat Pump I Number Tons K No.of elf-Contained Totals: Detection/Alerting Devices No.of Dishwashers Space/Area Heating KW Local❑ Municipal E] Other Connection No.of Dryers Heating Appliances KW Securityystems: No.of Devices or Equivalent No.of WaterNo.KW No.of No.of Data Wiring: Signs Ballasts No.of Devices or Equivalent d No.Hydromassage Bathtubs No.of Motors Total HP Telecommunications Wiring : No.of Devices or E uivalent OTHER: Attach additional detail if desired, or as required by the Inspector of Wires. Estimated Value of Electrical Work: $ 600,00 (When required by municipal policy.) Work to Start: 03/04/2011 Inspections to be requested in accordance with MEC Rule 10,and upon completion. INSURANCE COVERAGE: Unless waived by the owner,no permit for the performance of electrical work may issue unless the licensee provides proof of liability insurance including"completed operation"coverage or its substantial equivalent. The undersigned certifies that such coverage is in force,and has exhibited proof of same to the permit issuing office. CHECK ONE: INSURANCE ® BOND ❑ OTHER ❑ (Specify:) I certify,under the pains and penalties ofperjury,that the information on this application is true and complete. FIRM NAME: The Electricians & Co. Inc. LIC.NO.: A10737 _ Licensee: Michael J. Parziale Signature LIC.NO.: E20269 (If applicable, enter "exempt"in the license number line.) Bus.Tel.No.: 781-322-9344 Address: 50 Branch street Malden MA 02148 Alt.Tel. No.: 781-322-3100 *Per M.G.L.c. 147,s.57-61,security work requires Department of Public Safety"S"License: Lic.No. SS CO 001021 OWNER'S INSURANCE WAIVER: I am aware that the Licensee does not have the liability insurance coverage normally required by law. By my signature below,I hereby waive this requirement. I am the(check one)❑owner ❑ owner's agent. Owner/Agent Signature Telephone No. PERMIT FEE: $ 125.00 �� a A i 1 • • S�K-SLED l 3-28-2011 Field Report: March 24, 2011 ---- 50 Royal Crest Drive Unit 22 Issue 1 Dryer Fire: In wall due to bad electrical terminations and lack of the ground wire connection to the power supply wall device receptacle box. Also noted the newly installed 30 amp dryer appliance cord was lacking proper power supply cord strain relief. (below) National Electric Code issues: 110.26 Space about electrical equipment 250.114 (3) Equipment connected by cord and plug 250.148 Continuity (A) (B) (C) Equipment Grounding conductors to boxes 314.4 Metal boxes: shall be grounded It is the responsibility, Royal Crest _To contact a Mass. qualified electrical installer. _To be sure that the electrical connection is adequate and in conformance with the 2011 Mass and 2011 National Electrical Code, 70 edition and all local codes and ordinances. The National Electric Code requires a 4-wire power supply connection for dryers made after 1996, and also states involving remodeling dryer circuits after 1996. (new construction) A 4-wire power supply connection must be used when the appliance is installed in a location where grounding through the neutral conductor is prohibited. 250.14 (3) Grounding through the neutral is prohibited for new branch-circuit installations installed after the adoption of the 1996 NEC.and Mass code editions. Fire Hazard_A UL listed 30-amp power supply cord, rated 120/240 volt minimum. The cord should be type SRD or SRDT and be at least 4 ft (1.22 m) long. The wires that connect to the dryer must end in ring terminals or spade terminals with upturned ends with UL listed strain relief. Using a UL listed power supply cord kit marked for use with clothes dryers. The kit should contain: UL listed strain relief (UL marking on strain relief). Issue 2 During a recent permitted Inspection of the new emergency lighting throughout the complex it was noted that in buildings 28, 29, 30, 31, 32, 33 the laundry rooms were in the dedicated space of the electrical service rooms and in violation of clearance dimension of NEC 110.26 — 30 inch minimum clearance. A copy of the above code standards can be obtained from: National Fire Protection Association, One Battery march Park, Quincy, MA 02269. North Andover Electrical Inspector Peter Murphy -- ptiz �C Included: NEC 110.26 37_ 250.114 p 121_ 250.148 p 127_ 314. 4 p 177 ARTICLE 110—REQUIREMENTS FOR ELECTRICAL INSTALLATIONS 110.26 effective means. Such identification shall be placed at each neering supervision in�accordafice with 240.86(A) shall be point on the system where a connection is made if the legibly marked in the field as` directed by,the engineer to grounded conductor is also present. indicate the equipment has been applied with a series com- bination rating. The marking shall be readily visible and 110.16 Arc-Flash Hazard Wainitig.Electrical equipment, state the following: such as switchboards, panelboards, industrial control pan- CAUTION — ENGINEERED SERIES COMBINA- els,meter socket-enclosures,and motor control centers,that TION SYSTEM RATED AMPERES. IDENTI- aze in other than dwelling units, and are likely to require FIED REPLACEMENT COMPONENTS REQUIRED. examination, adjustment, servicing, or maintenance while energized shall be field marked to warn qualified persons of (C) Tested Series Combination Systems. Equipment en= potential electric arc flash hazards. The marking shall be closures for•circuit breakers or-fuses applied in compliance located so as to be clearly visible to qualified persons be- with the series combination ratings marked on the fore examination, adjustment, servicing, or maintenance of equip- ment by the manufacturer�n accordance With.240.86(B)shall the equipment. be legibly marked in the field to indicate the equipment has Informational Note No. 1: NFPA 70&2009., Standard for been applied with a series combination rating. The marking Electrical Safety in the Workplace,provides assistance in de- shall be readily visible and•state the following: termining severity of potential exposure, planning safe work • practices,and selecting personal protective equipment. CAUTION •— SERIES COMBINATION SYSTEM RATED AMPERES.IDENTIFIED REPLACEMENT Informational Note No. 2: ANSI Z535.4-1998, Product COMPONENTS REQUIRED. Safety Signs and Labels,provides guidelines for the design of safety signs and labels for application to products. ' 110.23 Current Transformers.Unused current transform- 110.18 Arcing Parts. Parts of electrical equipment that in ers associated with potentially energized circuits shall be ordinary operation produce arcs, sparks, flames, or molten short-circuited. metal shall be enclosed or separated and isolated from all combustible material. ;110:24 Available Fault Current. Informational Note: For hazardous (classified) locations, -(A) Field Marking. Service equipment'in other than see Articles 500 through 517.For motors,see 430.14. dwelling unit"s shall-lie legibly maiked in the field"witli the maximum available fault cbrrerit.The field'marking(s)Wall 110.19 Light and Power from Railway Conductors.Cir- include the date llie fault cuiTent calculation was performed cuits for lighting and power shall not be connected to any and be of sufficient durability to withstand the environment system that contains trolley wires with a ground return. involved: Exception: Such circuit connections shall be permitted in car houses,powerhouses, or passenger and freight stations B) :MOdifications. When modifications to the electrical installation occur thaf affect the maximum available fault operated in connection with electric railways. current at[tie service,-tlie maximuin available fault current • 110.2'1 Marking.The manufacturer's name, trademark, or "shall"be verified or recalculated"as necessary to ensure the service equipment ratings are sufficient for the-inaxifnum other descriptive marking by which the organization re- W-ai _ lable sponsible for the product can be identified shall be placed ava -fault current at the Brie-terminals of the aquip- on all electrical equipment. Other markings that indicate men-: The required field marking(s) in 110.24(A) 'shall be 'adjusted to reflect the new level of maximum available voltage, current,wattage, or other ratings shall be provided fault current as specified elsewhere in this Code.The marking shall be of sufficient durability to withstand the environment involved. Exception: The field marking requirements in T10.240) hind�110.24(B) 'shall riot be required in indiistrial'installa- 110.22 Identification of Disconnecting Means. tions where conditions of maintenance and supervision en- (A) General. Each disconnecting means shall be legibly sure dial only q_ua7ifred persons'seivice the equipment. marked to indicate its purpose unless located and arranged so the purpose is evident.The marking shall be of sufficient H. 600 Volts, Nominal, or Less durability to withstand the environment involved. 110.26 Spaces About Electrical Equipment. Access and (B) Engineered Series Combination Systems.Equipment working space shall be provided and maintained about all enclosures for circuit breakers or fuses applied in compli- electrical equipment to permit ready and safe operation and ante with series combination ratings selected under engi- maintenance of such equipment. 70-37 2011 Edition NATIONAL ELECTRICAL CODE 110.26 ARTICLE 110—REQUIREMENTS FOR ELECTRICAL INSTALLATIONS (A) Working Space.Working space for equipment operat- (2) Width of Working Space. The width of the working ing at 600 volts, nominal, or less to ground and likely to space in front of the electrical equipment shall be the width i require examination, adjustment, servicing, or maintenance of the equipment or 762 mm(30 in.), whichever is greater. while energized shall comply with the dimensions of In all cases,the work space shall permit at least a 90 degree 110.26(A)(1), (A)(2),and(A)(3)or as required or permitted opening of equipment doors or hinged panels. elsewhere in this Code. (3) Height of Working Space. The work space shall be - (1) Depth of Working Space. The depth of the working clear and extend from the grade,floor,or platform ttoAeight space in the direction of live parts shallnot be less than that �,,fbr'Ahe„)liig"heequ,�p� ;, lucHever:s specified in Table 110.26(A)(1) unless the requirements of :eater:Within the height requirements of this section, other. 110.26(A)(1)(a), (A)(1)(b), or (A)(1)(c) are met. Distances equipment that is associated with the electrical installation and shall be measured from the exposed live parts or from the is located above or below the electrical equipment shall be enclosure or opening if the live parts are enclosed. permitted to extend not more than 150 mm(6 in.)beyond the front of the electrical equipment. Table 110.26(A)(1) Working Spaces Exception No. 1: 4 xis'lin` elin 'efts er}v c ui`; oo mp� :Vh Nominal Minimum Clear Distance be, ermitfgtl iri "b`bi he a he �i h* he�4ivok'iri Voltage to P T �.,�,, P�. .,» r..� . . oft! •.... ....,� 9 Ground Condition 1 Condition 2 Condition 3 space:is'l0 han12,1.0 0-150 914 mm(3 ft) 914 mm(3 ft) 914 mm(3 ft) Exception No. 2: fillet 2ha "re fislaZl��i '"l?ter s ck- �n �.i ......a �...» �. 151-600 914 mm(3 ft) 1.07 m(3 ft 1.22 m(41t) tis MsWdllb *I,&n-'t7��71 'exen�i�be,�y""bnc7 6 in.) Tient.'�The:mi?ter"'socket:sliall<be i'reur"ed!1o"foZlowTthe"ru'les Of?1hiS kn tlOa rtmr�•+c vw.:rn., Note: Where the conditions are as follows: Condition 1—Exposed live parts on one side of.the working space (B) Clear Spaces. Working space required by this section and no live or grounded parts on the other side of the working space, shall not be used for storage.When normally enclosed live or exposed live parts on both sides of the working space that are effectively guarded by insulating materials. parts are exposed for inspection or servicing, the working Condition 2—Exposed live parts on one side of the working space space, if in a passageway or general open space, shall be and grounded parts on the other side of the working space. Concrete, suitably guarded. brick, or tile walls shall be considered as grounded.. Condition 3 — Exposed live parts on both sides of.the working (C) Entrance to and Egress from Working Space. space. (1) Minimum Required. At least one entrance of suffi- (a) Dead-Front Assemblies.Working space shall not be cient area shall be provided to give access to and egress required in the back or sides of assemblies, such as dead- from working space about electrical equipment. front switchboards or motor control centers, where all con- nections and all renewable or adjustable parts,such as fuses or more and over 1.8 m (6 ft) wide that contains overcur- or switches, are accessible from locations other than the rent devices, switching devices, or control devices, there back or sides. Where rear access is required to work on shall be one entrance to and egress from the required work- nonelectrical parts on the back of enclosed equipment, a ing space not less than 610 mm (24 in.) wide and 2.0.m minimum horizontal working space of 762 mm (30'in.) (6'/2 ft)high at each end of the working space. shall be provided. A single entrance to and egress from the required work- (b) Low Voltage. By special permission, smaller work- ing space shall be permitted where either of the conditions ing spaces shall be permitted where all exposed live parts in 110.26(C)(2)(a) or (C)(2)(b) is met. operate at not greater than 30 volts rms,.42 volts peak, or 60 volts de. (a) Unobstructed Egress. Where the location permits a (c) Existing Buildings.In existing buildings where electri- continuous and unobstructed way of egress travel; a single cal equipment is being replaced, Condition 2 working'clear- entrance to the working space shall be permitted. ance shall be permitted between dead-front switchboards,pan- (b) Extra Working Space. Where the depth of the elboards,or motor control centers located across the aisle from working space is twice that required by 110.26(A)(1), a each other where conditions of maintenance and supervision single entrance shall be permitted. It shall be located such ensure that written procedures have been adopted to prohibit that the distance from the equipment to the nearest edge of equipment on both sides of the aisle from being open at the the entrance is not less than the minimum clear distance same time and qualified persons who are authorized will ser- specified in Table 110.26(A)(1)for equipment operating at vice the installation. that voltage and in that condition. 70-38 NATTlIUA} TT ClTT]ilAi ��t�t lAlt tel_._-_ ARTICLE 250—GROUNDING AND BONDING 250.114 (2) Where located in a wet or damp location and not isolated (F) Garages, Theaters, and Motion Picture Studios. (3) Where in electrical contact with metal Electrical equipment in commercial garages, theaters, and (4) Where in a hazardous (classified) location as covered motion picture studios, except pendant lampholders sup- by Articles 500 through 517 plied by circuits not over 150 volts to ground. (5) Where supplied by a wiring method that provides an (G) Electric Signs.Electric signs, outline lighting, and as- equipment grounding conductor, except as permitted sociated equipment as provided in 600.7. by 250.86 Exception No. 2 for short sections of metal enclosures (M Motion Picture Projection Equipment. Motion pic- (6) Where equipment operates with any terminal at over ture projection equipment. 150 volts to ground (1) Remote-Control,Signaling,and Fire Alarm Circuits. Exception No. -1: If exempted by special permission, the Equipment supplied by Class 1 circuits shall be grounded metal frame;of electrically heated Vppliance8 that h_ave the unless operating at less than 50 volts. Equipment supplied game permanently and electively insulated from ground by Class 1power=limited circuits, by Class 2 and Class 3 Shall not be-required to be-grounded. remote-control and signaling circuits, and by fire alarm cir- cuits shall be grounded where system'grounding is required Exception No. 2: Distribution apparatus, such as trans- by Part II or Part VIII of this article. former and capacitor cases, mounted on wooden oles a7 a height exceeding 2.5 m (8 ft) above ground or grade level () Luminaires. Luminaires as provided in Part V of Ar- f hall not be-required to be-grounded. ticle 410.. Exception No. 3: Listed equipment protected by a system -(K) Sldd-Mounted Equipment.Permanently mounted elec- of double insulation, or its equivalent, shall not be required trical equipment and skids shall be connected to the equipment to be'connected to the equipment grounding conductor grounding conductor sized as required by 250.122. Where such a system is employed, the equipment shall be distinctively marked. (L) Motor-Operated Water Pumps. Motor-operated wa- ter pumps, including the submersible type. 250112 Specific-Equipment Fastened in Place (Fixed) or Connected by Permanent Wiring Methods.Except as . (M) Metal Well Casings. Where a submersible pump is used inn-a metal well casing, the well casing shall be con- permitted in 250:112(F)-and (I), exposed, Siorinally non— nected to the pump circuit equipment grounding conductor.current-carrying metal parts' of equipment described in 250.112(A) through (K), and pormally non—current- 250.114 Equipment Connected by Cord and Plug. Under carrying metal parts of equipment and enclosures described any of the conditions described in 250.114(1) through (4), in 250.112(L) and(M), shall be connected to an equipment exposed,--_normally non—current-carrying metal parts of grounding conductor;regardless of voltage. cord-and-plug-connected equipment sfiall be connected to the equipment grounding conductor. (A) Switchboard Frames and Structures. Switchboard frames and structures supporting switching equipment, ex- .Exception: Listed tools, listed appliances, and listed equip- cept frames of 2-wire do switchboards where effectively ment covered in 250.114(2) through(4)shall not be required insulated from ground. to be connected to an equipment grounding conductor.where protected by a system of double insulation or its equivalent. (B) Pipe'Organs. Generator and.motor frames in an elec- Double insulated equipment shall be distinctively marked trically operated pipe organ, unless effectively insulated (1) In hazardous (classified) locations (see Articles 500 from ground and the motor driving it. through 517) (C) Motor Frames.Motor frames, as provided by 430.242. (2) Where operated at over 150 volts to ground Exception No. 1: Motors, where guarded, shall not be re- (D) Enclosures for Motor Controllers.' Enclosures for quired to be connected to an equipment grounding conductor motor controllers unless attached to ungrounded portable Exception No. 2: Metal frames of electrically heated ap- equipment. pliances, exempted by special permission, shall not be re- quired to be connected to an equipment grounding conduc- (E) Elevators and Cranes.Electrical equipment for eleva- tor, in which case the frames shall be permanently and tors and cranes. effectively insulated from ground. 2011 Edition NATIONAL ELECTRICAL CODE 70-121 250.116 ARTICLE 250=GROUNDING AND BONDING (3) In residential occupancies: the circuit conductors shall be one or more or combina- a. Refrigerators, freezers, and air conditioners tion of the following: b. Clothes-washing, clothes-drying, dish-washing ma- (1) A copper, aluminum, or copper-clad aluminum con- chines; angel;kitchen waste disposers;information ductor. This conductor shall be solid or stranded; in- technology equipment; sump pumps and electrical sulated, covered,or bare; and in the form of a wire or aquarium equipment a busbar of any shape. c. Hand-held motor-operated tools, stationary and (2) Rigid metal conduit. fixed motor-operated tools, and light industrial. (3) Intermediate metal conduit. motor-operated tools (4) Electrical metallic tubing. d. Motor-operated appliances of the following types: hedge clippers, lawn mowers, snow blowers, and (5) Listed flexible metal conduit meeting all the following wet scrubbers conditions: ' e. Portable handlamps a. The conduit is terminated in listed fittings. (4) In other than residential occupancies: b. The circuit conductors contained in the conduit are a. Refrigerators, freezers, and air conditioners protected by overcurrent devices rated at 20 am- b. Clothes-washing, clothes-drying, dish-washing ma- peres or less. chines; information technology equipment; sump c. The combined length of flexible metal conduit and flexible metallic tubing and liquidtight flexible metal pumps and electrical aquarium equipment c. Hand-held motor-operated tools, stationary and conduit in the sameground.fal`11 t c�lWE path does fixed motor-operated tools, and light industrial not exceed 1.8 m(6 ft). . Lf tools dused to connect equipment where flexibility is nec- d. Motor-operated appliances of the following types: essary to'-`�"miiiiini�the transmissionon ofivibration from hedge clippers, lawn mowers, snow blowers, and iupment or o providesflexibiliiyhr equipment that wet scrubbers, equines movement after installation, an equipment e. Portable handlamps grounding conductor shall be installed. f. Cord-and-plug-connected appliances used in damp or (6) Listed liquidtight flexible metal conduit meeting all wet locations or by persons standing on the ground or the following conditions: on metal floors or working inside of metal tanks or a. The conduit is terminated in listed fittings. boilers b. For metric designators 12 through 16 (trade sizes g. Tools likely to be used in wet or conductive locations 3/s through 1/2), the circuit conductors contained in Exception: Tools and portable handlamps likely to be used the conduit are protected by overcurrent devices in wet or conductive locations shall not be required to be rated at 20 amperes or less. connected to an equipment grounding conductor where c. For metric designators 21 through 35 (trade sizes supplied through an isolating transformer with an un- 3/a through 11/a),the circuit conductors contained in grounded secondary bf not over 50 volts. the conduit are protected by overcurrent devices rated not more than 60 amperes and there is no 250.116 Nonelectrical Equipment.The metal parts of the flexible metal conduit,.flexible metallic tubing, or following nonelectrical equipment described in this section liquidtight flexible metal conduit in trade sizes shall be connected to the equipment grounding conductor: metric designators 12 through 16 (trade sizes 3/8 f (1) Frames and tracks of electrically operated cranes and through 1/2) in the g oundLfaultt path. hoists d. The combined length of flexible metal conduit and (2) Frames of nonelectrically driven elevator cars to which flexiblemetallic tubing and liquidtight flexible electrical conductors are attached metal conduit in the same gro ridfaultcuirenf (3) Hand-operated metal shifting ropes or cables of electric path does not exceed 1.8 in (6 ft). elevators e. 'If used to connect equipment where flexibility is necessary to`=minimize'thetry ansmisson of;„uiba= Informational Note: Where extensive metal in or on build- ings may become energized and is subject to personal con- •----� pqurpment,illat.,requiresmovement after installa- tact, adequate bonding and grounding will provide addi- tion, an equipment grounding conductor shall be tional safety. installed. 250.118 Types of Equipment Grounding Conductors. (7) Flexible metallic tubing where the tubing is terminated The equipment grounding conductor run with or enclosing in listed fittings and meeting the following conditions: 70-122 NATIONAL ELECTRICAL CODE 2011 Edition ARTICLE 250—GROUNDING AND BONDING 250.148 side of a separately derived system disconnecting means cover with at least two fasteners that are permanent (such or the overcurrent devices for a separately derived sys- as a rivet) or have a thread locking or screw,of nuf locking tem not having a main disconnecting means. means and (2) when the cover mounting holes are located Exception No. The on a flat non-raised portion of the cover. P frames of ranges, wall-mounted ov- ens, counter-mounted cooking units, and clothes dryers un- . (B) Contact Devices or Yokes.Contact devices or yokes de- der the conditions permitted for existing installations by signed and listed as self-grounding shall be permitted in con-. 250.140 shall be permitted to be connected to the grounded junction with the supporting screws to establish the grounding circuit conductor. circuit between the device yoke and flush-type.boxes. Exception No. 2: It shall be permissible to ground meter enclosures by connection to the grounded circuit conductor (C) Floor Boxes. Floor boxes designed for and listed as on the load side of the service disconnect where all of the providing satisfactory ground continuity between the box following conditions apply: and the device shall be permitted. (1) No service ground fault protection is installed. (D) Isolated Receptacles. Where installed for the reduc- (2) All meter enclosures are locatedtion of electrical noise(electromagnetic interference)on the immediately adjacent grounding circuit, a receptacle in which the grounding ter- to the service disconnecting means. min al is purposely insulated from the receptacle mounting (3) The size of the grounded circuit conductor is- not means shall be permitted.The receptacle grounding termi- .smaller than the size specified in Table 250.122 for nal shall be connected to an insulated equipment grounding equipment grounding conductors. conductor run with the circuit conductors. This equipment Exception No. 3:Direct-current systems shall be permitted grounding conductor shall be permitted to pass through,one to be grounded on the load side of the disconnecting means or more panelboards without a connection to the panel- or ovdreurrent device in accordance with 250.164. board grounding terminal bar as permitted in 408.40, Ex- Exception No. 4: Electrode-type boilers operating at over ception, so as to terminate within the same•building or 600 volts shall be grounded as required in 490.72(E)(1) structure directly at an equipment grounding conductor ter- and 490.74. urinal of the applicable derived system or service. Where installed in accordance with the provisions of this section, 250.144 Multiple Circuit Connections. Where equipment this equipment grounding conductor shall also be permitted is grounded and is supplied by separate connection to more to pass through boxes, wireways, or other enclosures with- than one circuit or grounded premises wiring system, an out being connected to such enclosures. equipment grounding conductor termination shall be provided Informational Note: Use of an isolated equipment ground- 1� for each such connection as specified in 250.134 and 250.138. ing conductor does not relieve the requirement for ground- ing the raceway system and outlet box. 250.146 Connecting Receptacle Grounding Terminal to Box. An equipment bonding jumper shall be used to con- 250.148 Continuity and Attachment of Equipment nett the grounding terminal of a grounding-type receptacle Grounding Conductors to Boxes. Where circuit conduc- fors are spliced within a box, -or terminated on equipment to agrounded box unless grounded as in •250.146(A) through (D). The equipment bonding jumper shall be sized con- within supported by a box, any equipment grounding con- ' ductor(s)associated with those circuit conductors shall be con in accordance with Table 250.122 based on the rating of the - overcurrent device protecting the circuit conductors. netted within the box or to the box with devices suitable for the use in accordance with 250.148(A)through(E). (A) Surface-Mounted Box. Where the box is mounted on the surface, direct metal-to-metal contact between the de- Exception: The equipment grounding conductor permitted vice yoke and the box or a contact yoke or device that in 250.146(D)shall not be required to be connected to the complies with 250.146(B)shall be permitted to ground the other equipment grounding conductors or to the box. receptacle to the box.At least one of the insulating washers shall be removed from receptacles that do not have a con- (A) Connections. Connections and splices shall be made tact yoke or device that tom lies with 250.146 in accordance with 110.14(B) except that insulation shall P (B)to ensure direct Imetal-to-metal contact.This provision shall not apply not be required. j to cover-mounted receptacles unless the box and cover combination are listed as providing satisfactory B) Grounding Continuity. The arrangement of ground- combination ry ground ing connections shall be such that the disconnection or the continuity between the box and the receptacle.A listed ex- removal of a receptacle,luminaire,or other device fed from posed work cover shall be permitted to be the grounding the box does not interfere with or interrupt the grounding and bonding means when (1) the device is attached to the continuity. 2011 Edition NATIONAL ELECTRICAL CODE 70-127 • 1 250.160 ARTICLE 250.—GROUNDING AND BONDING (C) Metal Boxes.A connection shall be made between the (3) By other means that accomplish equivalent system pro- one or more equipment grounding conductors and a metal tection and that utilize equipment listed and identified box by means of a grounding screw that shall be used for for the use no other purpose, equipment listed for grounding, or a listed grounding device. 250.166 Size of the Direct-Current Grounding Elec- trode Conductor.The size of the grounding electrode con-- (D on=(D) Nonmetallic Boxes. One or more equipment ground- ductor for-a do system shall be as specified in 250.166(A) ing conductors brought into a nonmetallic outlet box shall and (B), except as permitted by 250.166(C) through (E). be arranged such that a connection can be made to any fitting or device in that box requiring grounding. (A) Not Smaller Than the Neutral Conductor.Where the do system consists of a 3-wire balancer set or a balancer wind- (E) Solder. Connections depending solely on solder shall ing with overcurrent protection as provided in 445.12(D), the not be used. grounding electrode conductor shall not be smaller than the neutral conductor and not smaller than 8 AWG copper or 6 VIII. Direct-Current Systems AWG aluminum. 250.160.General. Direct-current systems shall comply (B) Not Smaller Than the Largest Conductor.Where the with Part VIII and other sections of Article,250 not specifi- do system is other than as in 250.166(A), the grounding cally intended for ac systems.. electrode conductor shall not be smaller than the largest. conductor supplied by the system, and not smaller than 8 250.162 Direct-Current Circuits and Systems to Be AWG copper or 6 AWG aluminum. Grounded. Direct-current circuits and systems shall be grounded as provided for in 250.162(A) and (B). (C) Connected to Rod,Pipe,or Plate Electrodes. Where connected to rod,pipe, or plate electrodes as in 250.52(A)(5) (A) Two-Wire,Direct-Current Systems.A 2-wire,do sys- or (A)(7), that portion of the grounding electrode conductor tem supplying premises wiring and operating at greater than that is the sole connection to the grounding electrode shall not 50 volts but not greater than 300 volts.shall be grounded. be required to be larger than 6 AWG copper wire or 4 AWG aluminum wire. Exception No. 1: A system equipped with a ground detec- tor and supplying only industrial equipment in limited ar- (D) Connected to a Concrete-Vncased Electrode.Where eas shall not be required to be grounded. connected to a'concrete-encased electrode as in 250.52(A)(3), Exception No. 2: A rectifier-derived do system supplied. that portion of the grounding electrode conductor that is the from an ac system complying with 250.20 shall;not be re- sole connection to the grounding electrode shall not be re- quired to be grounded. quired to be larger than 4 AWG copper wire. Exception No. 3: Direct-current fire alarm circuits having (E) Connected to a Ground Ring. Where connected to a a maximum current of 0.030 ampere as specified in Article ground ring as in 250.52(A)(4), that portion of the ground- 760, Part III, shall not be required to be grounded. ing electrode conductor that is the sole.connection to the (B) Three-Wire, Direct-Current Systems. The neutral grounding electrode shall not be required to be larger than conductor of all 3-wire,do systems supplying premises wir- the conductor used for the ground ring. ing shall be grounded. 250.168 Direct-Current System Bonding Jumper. For direct-current systems that are to be grounded,an unspliced 250.164 Point of Connection for Direct-Current Systems. . bonding jumper shall be used to connect.the equipment (A) Off-Premises Source. Direct-current systems to, be grounding conductor(s) to.the grounded conductor at the grounded and supplied from an off-premises source shall source or the first system disconnecting means where the have the grounding connection made at one or more supply system is grounded. The size of the bonding jumper shall stations.A grounding connection shall not be made at indi- not be smaller than the system grounding electrode conduc-' vidual services or at any point on the premises wiring. for specified in 250.166 and shall comply with the provi- sions of 250.28(A), (B), and (C). (B) On-Premises Source. Where the do system source is located'on the premises, a grounding connection shall be250.169 Ungrounded Direct-Current Separately De- made at one of the following: rived Systems.Except as otherwise permitted.in 250.34 for (1) The source portable and vehicle-mounted generators, an ungrounded (2) The'first system disconnection means or overcurrent do separately derived system supplied from a stand-alone device power source(such as an engine—generator set)shall have a 70-12R NATIONAL ELECTRICAL CODE 2011 Edition ARTICLE 314—OUTLET,DEVICE,PULL,AND JUNCTION BOXES;CONDUIT BODIES;FITTINGS;AND HANDBOLES 314.15 (1) Base. Other than at points of support,there shall be an open shall be provided with covers to complete the enclo- ( airspace of at least 1.59 nun (0.0625 in.) between the base sure. Where adequate space is provided for feed-through of the device and the wall'of any metal cabinet or cutout conductors and for splices as required in 312.8, additional box in which the device is mounted. barriers shall not be required. (2) Doors. There shall be an airspace of at least 25.4 mm (1.00 in.)between any live metal part, including live metal parts of enclosed fuses, and the door. - _ -- - Exception: Where the door is lined with an approved in- ARTICLE'314 ; sulating material or is of a thickness of metal not less than. Outlet, Device„Pull, and Junction,Boxes;_ 2.36 mm(0.093 in.)uncoated, the airspace shall not be less Conduit;Bodies;,Fittings;ands Handhole, than 12.7 mm(0.500 in.). Enclosures, i (3) Live Parts. There shall be an airspace of at least 12.7 mm (0.500 in.) between the walls, back, gutter-parti- I. Scope and General tion, if of metal, or door of any cabinet or cutout box and the nearest exposed current-carrying part of devices 314.1 Scope.This article covers the installation and use of mounted within the cabinet where the voltage does not all boxes and conduit bodies used as outlet, device, junc- exceed'250. This spacing shall be increased'to at least tion, or pull boxes, depending on their use, and handhole 25.4 mm (1.00 in.) for voltages of 251 to 600, nominal. enclosures. Cast, sheet metal, nonmetallic, and other boxes such as FS, FD, and larger boxes are not classified as con- .Exception: Where the conditions in 312.11(A)(2), Excep- duit bodies. This article also includes installation require- tion, are met, the airspace for nominal voltages from 251-to menu for fittings used to join raceways and to connect 600 shall 'be permitted to be not less than 12:7 mm (0.500 in.). raceways and cables to boxes and conduit bodies. (B) Switch Clearance.Cabinets and.cutout boxes shall be 314.2 Round Boxes.Round boxes shall not be used where deep enough to allow the closing of the doors when 30- conduits or connectors requiring the use of locknuts or i ampere branch-circuit panelboard switches are in any posi- bushings are to be connected to the side of the box. tion,when combination cutout switches are in any position, or when other single-throw switches are opened as far as 314.3 Nonmetallic Boxes. Nonmetallic boxes shall be per- their construction permits. miffed only with open wiring on insulators, concealed knob- and-tube wiring,cabled wiring methods with entirely nonme- (C) Wiring Space. Cabinets and cutout boxes that contain tallic sheaths,flexible cords,and nonmetallic raceways. devices or apparatus connected within the cabinet or box to Exception No. 1: Where internal bonding means are pro- more than eight conductors, including those of branch cir- vided between all entries, nonmetallic boxes shall be per- cuits,meter loops,feeder circuits,power circuits, and simi- lar circuits,but not including the supply circuit or a continua- cables. tion thereof, shall have back-wiring spaces or one or more side-wiring spaces, side gutters,or wiring compartments. Exception No. 2: Where integral bonding means with a provision for attaching an equipment bonding jumper in- (D) Wiring Space—Enclosure. Side-wiring spaces,.side side the box are provided.between-all threaded entries in gutters,or side-wiring compartments of cabinets and cutout nonmetallic boxes listed for the purpose, nonmetallic boxes boxes shall be made tight enclosures by.means of covers, shall be permitted to be used with metal raceways or metal- barriers, or partitions extending from the bases of the de- armored cables. vices contained in the cabinet, to the door, frame, or sides of.the cabinet. 314.4 Metal'Boxes. Metal boxes shall be grounded and bonded.in accordance with Parts I,IV,V,•VI,VII, and X of Exception: Side-wiring.spaces,side gutters, and side-wiring Article 250 as applicable,except as permitted in 250.112(1). compartments of cabinets shall not be required to be made tight enclosures where those side spaces-contain only conduc- tors that enter the cabinet directly opposite to the devices H. Installation where they terminate. 314.15 Damp or Wet Locations. In damp or wet loca- Partially enclosed back-wiring spaces shall be provided tions, boxes, conduit bodies, and fittings shall be placed or with covers to complete the enclosure. Wiring spaces that equipped so as to prevent moisture from entering or accu- are required by 312.11(C) and are exposed when doors are mulating within the box, conduit body, or fitting. Boxes, 2011 Edition NATIONAL ELECTRICAL CODE 70-177 Royal Crest Estates 50 Royal Crest Drive North gngover MA 01845 Kevin Montembault Service Manager Tel:(978)685-5791 E-mail"kevin. Fax:(978)682-9064 montemba utt@aimco.com • SFSjUEDI ♦ r • r 3-28-2011 Field Report: March 24, 2011 ---- 50 Royal Crest Drive Unit 22 Issue 1 Dryer Fire: In wall due to bad electrical terminations and lack of the ground wire connection to the power supply wall device receptacle box. Also noted the newly installed 30 amp dryer appliance cord was lacking proper power supply cord strain relief. (below) National Electric Code issues: 110.26 Space about electrical equipment 250.114 (3) Equipment connected by cord and plug 250.148 Continuity (A) (B) (C) Equipment Grounding conductors to boxes 314.4 Metal boxes: shall be grounded It is the responsibility, Royal Crest _To contact a Mass. qualified electrical installer. _To be sure that the electrical connection is adequate and in conformance with the 2011 Mass and 2011 National Electrical Code, 70 edition and all local codes and ordinances. The National Electric Code requires a 4-wire power supply connection for dryers made after 1996, and also states involving remodeling dryer circuits after 1996. (new construction) A 4-wire power supply connection must be used when the appliance is installed in a location where grounding through the neutral conductor is prohibited. 250.14 (3) Grounding through the neutral is prohibited for new branch-circuit installations installed after the adoption of the 1996 NEC and Mass code editions. Fire Hazard_A UL listed 30-amp power supply cord, rated 120/240 volt minimum. The cord should be type SRD or SRDT and be at least 4 ft (1.22 m) long. The wires that connect to the dryer must end in ring terminals or spade terminals with upturned ends with UL listed strain relief. Using a UL listed power supply cord kit marked for use with clothes dryers. The kit should contain: UL listed strain relief (UL marking on strain relief). Issue 2 During a recent permitted Inspection of the new emergency lighting throughout the complex it was noted that in buildings 28, 29, 30, 31, 32, 33 the laundry rooms were in the dedicated space of the electrical service rooms and in violation of clearance dimension of NEC 110.26 30 inch minimum clearance. A copy of the above code standards can be obtained from: National Fire Protection Association, One Battery march Park, Quincy, MA 02269. North Andover Electrical Inspector Peter Murp Included: NEC 110.26 p 37_ 25 .114 p 121_ 250.148 p 127_ 314. 4 p 177 ARTICLE 110—REQUIREMENTS FOR ELECTRICAL INSTALLATIONS 110.26 effective means. Such identification shall be placed at each neering supervision Cn;acc_oidance With�240.86(A) shall be point on the system where a connection is made if the legibly marked in the field as.directed by the,engineer to grounded conductor is also present. indicate the equipment has been applied with a series com- bination rating. The marking shall be readily visible and 110.16 Arc=Flash Hazard Wining.Electrical equipment, state the following: such as switchboards, panelboards, industrial control pan- CAUTION — ENGINEERED SERIES COMBINA- els,meter socket enclosures,and motor control centers,that TION SYSTEM RATED AMPERES. IDENTI- are in other than dwelling units, and are likely to require FIED REPLACEMENT COMPONENTS REQUIRED. examination, adjustment, servicing, or maintenance while energized shall be field marked to warn qualified persons of (C) Tested Series Combination Systems. Equipment:en`; potential electric arc flash hazards. The marking shall be closures`for circuit breakers or fuses applied in compliance located so as to be clearly visible to qualified persons be- with the series combination ratings marked on the- - fore examination, adjustment, servicing, or maintenance of equip- ment by the manufacturer P,iacc6 dOce Witlf 240.86(B)shall the equipment. be legibly marked in the field to indicate the equipment has Informational Note No. 1: NFPA 701-2002,, Standard for been applied with a series combination rating. The marking Electrical Safety in the Workplace,provides assistance in de- shall be readily visible and,.state the following: termining severity of potential exposure,planning safe work practices,and selecting personal protective equipment: � CAUTION �— SERIES COMBINATION SYSTEM RATED AMPERES.IDENTIFIED REPLACEMENT Informational Note No. 2: ANSI Z535.4-1998, Product COMPONENTS REQUIRED. Safety Signs and Labels,provides guidelines for the design of safety signs and labels for application to products.' 110.23 Current Transformers.Unused current transform- 110.18 Arcing Parts. Parts of electrical equipment that in ers associated with potentially energized circuits shall be ordinary operation produce arcs, sparks, flames, or molten short-circuited. metal shall be enclosed or separated and isolated from all combustible material. i110:24 Available-Fault'CIIrfent. Informational Note: For hazardous (classified) locations, -(A) Field-�MiifMfig. Seivice equipment�ui otlier•than see Articles 500 through 517.For motors, see 430.14. dwelling units-shall•be 1e`gilily marked-iri the field:Witi the maxunum available`fault current:The field a king(§)`sliall 110.19 Light and Power from Railway Conductors.Cir- �dl-06 the date-the fault cuiT_FR calculation was;performed cuits for lighting and power shall not be connected to any aad1ie of sufficient durability to with"stand the environment system that contains trolley wires with a ground return. involved: Exception: Such circuit connections shall be permitted in car houses,powerhouses, or passenger and freight stations ) 1VI°dificatio`ns. When modifications to "the electrical operated in connection with electric railways. Znstallatiori occur-fiat affecf tlfe maximum available fault cc eurrnt at tlie.service,_ e iriaxiirium,avaiIaable fault current • 110.21 Marking.The manufacturer's name, trademark, or shall�be verified"or`iecalculated"as necessary"to ensure the - other descriptive marking by which the organization re- service equipment ratings are sufficient"foir,the maximum sponsible for the product can be identified shall be placed available fault current if the line teiiriinals.of tfie equip- on all electrical equipment. Other markings that indicate inent:'The required'field"marking(§) iii 110:24(A) shall be voltage, current,wattage,or other ratings shall be provided adjusted"tiS_reflect"ttie new level of maximum.-available as specified elsewhere in this Code.The marking shall be of ;fault cuirentl sufficient durability to withstand the environment involved. Exception: ''LTh-e field marking iequirenzents in I10.24(A) 'a-nd 110,20) shall iioi'b required"in indus'irial install&= 110.22 Identification of Disconnecting Means. iiorls•Ivliere conditions of mainienance and supervision en- �. sure that only,gicalifte`d 7.i rfo jns_se"-vice the eq"uipnierct_ (A) General. Each disconnecting means shall be legibly - - - marked to indicate its purpose unless located and arranged so the purpose is evident.The marking shall be of sufficient H. 600 Volts, Nominal, or Less durability to withstand the environment involved. 110.26 Spaces About Electrical Equipment. Access and (B) Engineered Series Combination Systems.Equipment working space shall be provided and maintained about all enclosures for circuit breakers or fuses iapplied in compli- electrical equipment to permit ready and safe operation and ance with series combination ratings selected under engi- maintenance of such equipment. 2011 Edition NATIONAL ELECTRICAL CODE 70-37 110.26 ARTICLE 110—REQUIREMENTS FOR ELECTRICAL INSTALLATIONS (A) Working Space.Working space for equipment operat- (2) Width of Working Space. The width of the working ing at 600 volts, nominal, or less to ground and likely to space in front of the electrical equipment shall be the width require examination, adjustment, servicing, or maintenance of the equipment or 762 mm(30 in.), whichever is greater. while energized shall comply with the dimensions of In all cases,the work space shall permit at least a 90 degree 110.26(A)(1),(A)(2),and(A)(3)or as required or permitted opening of equipment doors or hinged panels. elsewhere in this Code. (3) Height of Working Space. The work space shall be (1) Depth of Working Space. The depth of the working clear and extend from the grade,floor,or platform to a height space in the direction of live parts shall not be less than that of 2.0 m(6'/2 ft)or the height of the equipment,.whichever is specified in Table 110.26(A)(1) unless the requirements of greater. Within the height requirements of this section, other.' 110.26(A)(lj(a), (A)(1)(b), or (A)(1)(c) are met. Distances equipment that is associated with the electrical installation and shall be measured from the exposed live parts or from the is located above or below the electrical equipment shall be enclosure or opening if the live parts are enclosed. permitted to extend not more than 150 mm(6 in.)beyond the front of the electrical equipment. Table 110.26(A)(1) Working Spaces Exception No. 1: In existing dwelling units, service equip- ment or-panelboards that do not exceed 200 amperes shall Nominal Minimum Clear Distance Voltage to be permitted'in spaces where the height of the working Ground Condition 1 Condition 2 Condition 3 space is less than,2:0 m (61/z ft). 0-150 914 mm(3 ft) 914 mm(3 ft) 914 mm (3 ft) . Exception No. 2: Meters that are installed in meter sock- 151-600 914 mm(3 ft) 1.07 m(3 ft 1.22 m(4 ft) ets shall be permitted to extend beyond the other equip- 6 in.) ment. The meter socket shall be required to follow the rules of this section. Note: Where the conditions are as follows: Condition 1—Exposed live parts on one side of.the working space (B) Clear Spaces. Working space required by this section and no live or grounded parts on the other side of the working space, shall not be used for storage.When normally enclosed live or exposed live parts on both sides of the working space that are effectively guarded by insulating materials. parts are exposed for inspection or servicing, the working Condition 2—Exposed live parts on one side of the working space space, if in a passageway or general open space, shall be and grounded parts on the other side of the working space.Concrete, suitably guarded. brick, or tile walls shall be considered as grounded.. Condition 3 — Exposed live parts on both sides of.the working (C) Entrance to and Egress from Working Space. space. (1) Minimum Required. At least one entrance of suffi- (a) Dead-Front Assemblies. Working space shall not be cient area shall be provided to give access to and egress required in the back or'sides of assemblies, such as dead- from working space about electrical equipment. front switchboards or motor control centers,where all con- (2) Large Equipment.For equipment rated 1200 amperes nections and all renewable or adjustable parts,such as fuses or more and over 1.8 m (6 ft) wide that contains o'vercur- or switches, are accessible from locations other than the rent devices, switching devices, or control devices, there back or sides. Where rear access is required to work on shall be one entrance to and egress from the required work- minimum on the back of enclosed equipment, a ing space not less than 610 mm (24 in.) wide and 2.0.m minimum horizontal working space of 762 mm (30 in.) (61/2 ft) high at each end of the working space. shall be provided. A single entrance to and egress from the required work- (b) low Voltage. By special permission, smaller work- ing space shall be permitted where either of the conditions ing spaces shall be permitted where all exposed live parts in 110.26(C)(2)(a) or (C)(2)(b) is met. operate at not greater than 30 volts rms, 42 volts peak, or 60 volts dc. (a) Unobstructed Egress. Where the location permits a (c) Existing Buildings.In existing buildings where electri- continuous and unobstructed way of egress travel, a single cal equipment is being replaced, Condition 2 working clear- entrance to the working space shall be permitted. ance shall be permitted between dead-front switchboards,pan- (b) Extra Working Space. Where the depth of the elboards,or motor control centers located across the aisle from working space is twice that required by 110.26(A)(1), a each other where conditions of maintenance and supervision single entrance shall be permitted. It shall be located such ensure that written procedures have been adopted to prohibit that the distance from the equipment to the nearest edge of equipment on both sides of the aisle from being open at the the entrance is not less than the minimum clear distance same time and qualified persons who are authorized will ser- specified in Table 110.26(A)(1)for equipment operating at vice the installation. that voltage and in that condition. 70-38 NATT(1NAT.FT.F(`TRTrAT.Mr)P ')011 FAiti- b ARTICLE 250—GROUNDING AND BONDING 250.114 (2) Where located in a wet or damp location and not isolated (F) Garages, Theaters, and Motion Picture Studios. (3) Where in electrical contact with metal Electrical equipment in commercial garages, theaters, and (4) Where in a hazardous (classified) location as covered motion picture studios, except pendant lampholders sup- by Articles 500 through 517 plied by circuits not over 150 volts to ground. (5) Where supplied by �_Wiring method that provides an (G) Electric Signs.Electric signs, outline lighting, and as- equipment grounding conductor, except as permitted sociated equipment as provided in 600.7. by 250.86 Exception No. 2 for short sections of metal enclosures (H) Motion Picture Projection Equipment. Motion pic- (6) Where equipment operates with any terminal at over ture projection equipment. 150 volts to ground (1) Remote-Control,Signaling,and Fire Alarm Circuits. Exception No. 4: If exempted by special permission,the Equipment supplied by Class 1 circuits shall be grounded --- - r unless operating at less than 50 volts. Equipment supplied metal frariie of electrically heated�ippliances tthaih_ave t7ie frame permanently and effectively insulated from ground by Class 1power=limited circuits, by Class 2 and Class 3 Shall no'ibe-.required to be- grounded. remote-control and signaling circuits,and by fire alarm cir- cuits shall be grounded where system'grounding is required Exception No. 2: Distribution apparatus, such as trans- by Part 11 or Part VIII of this article. former and capacitor cases, mounted on wooden Poles at a height exceeding 2.5 m (8 ft) above ground or grade level Q) Luminaires. Luminaires as provided in Part V of Ar- C hall not be required to be pro unded. title 410.. Exception No. 3: Listed equipment protected by a system (K) Sldd-Mounted Equipment.Permanently mounted elec- of double insulation, or its equivalent, shall not be required trical equipment and skids shall be connected to the equipment to be connected to -the equipment grounding conductor grounding conductor sized as required by 250.122. Where such a system is employed, the equipment shall be distinctively marked. (L) Motor-Operated Water Pumps. Motor-operated wa- ter pumps, including the submersible type. 250:112_ Specific-_Equipment Fastened in Place (Fixed) or Connected by Permanent Wiring�1Vlethmds.Except as - Metal Well Casings. Where a submersible pump is used in a metal well casing,the well casing shall be con- permitted in50.112( -and (I), exposed, �ormaZly non— netted to the pump circuit equipment grounding conductor. current-carrying metal parts of equipment described in 250.112(A) through (K), andiormally non—current- 250.114 Equipment Connected by Cord and Plug.Under carrying metal parts of equipment and enclosures described any of-the conditions described in 250.114(1) through (4), in 250.112(L) and(M), shall be connected to an'equipmerit exposed;-_normally non—current-carrying metal parts of grounding conductor`;regardless of voltage. cord-and-plug-connected equipment shall be connected to the equipment grounding conductor. (A) Switchboard Frames and Structures. Switchboard frames and structures supporting switching equipment, ex- .Exception: Listed tools, listed appliances, and listed equip- cept frames of 2-wire do switchboards where effectively ment covered in 250.114(2) through(4)shall not be required insulated from ground. to be connected to an equipment grounding conductor.where protected by a system of double insulation or its equivalent. (B) Pipe'Organs. Generator and.motor frames in an elec- Double insulated equipment shall be distinctively marked trically operated pipe organ, unless effectively insulated (1) In hazardous (classified) locations (see Articles 500 from ground and the motor driving it. through 517) (C) Motor Frames.Motor frames,as provided by 430.242. (2) Where operated at over 150 volts to ground Exception No. 1: Motors, where guarded, shall not be re- (D) Enclosures for Motor Controllers.' Enclosures for quired to be connected to an equipment grounding conductor motor controllers unless attached to ungrounded portable Exception No. 2: Metal frames of electrically heated ap- equipment. pliances, exempted by special permission, shall not be re- quired to be connected to an equipment grounding conduc- (E) Elevators and Cranes.Electrical equipment for eleva- for in which case the frames shall be permanently and tors and cranes. effectively insulated from ground. 2011 Edition NATIONAL ELECTRICAL CODE 70-121 t 250.116 ARTICLE 250—GROUNDING AND BONDING (3) In residential occupancies:. the circuit conductors shall be one or more or combina- a. Refrigerators, freezers, and air conditioners tion of the following: b. Clothes-washing, clothes-drying, dish-washing ma- (1) A copper, aluminum, or r copper-clad aluminum con- chines;ranges;kitchen waste disposers;information ductor. This conductor shall be solid or stranded; in- technology equipment; sump pumps and electrical sulated, covered,or bare; and in the form of a wire or aquarium equipment a busbar of any shape. c. Hand-held motor-operated tools, stationary and (2) Rigid metal conduit. fixed motor-operated tools, and light industrial. (3) Intermediate metal conduit. motor-operated tools (4) Electrical metallic tubing. d. Motor-operated appliances of the following types: hedge clippers, lawn mowers, snow blowers, and (5) Listed flexible metal conduit meeting all the following wet scrubbers conditions: ' e. Portable handlamps a. The conduit is terminated in listed fittings. b. The circuit conductors contained in the conduit are (4) In other than residential occupancies: a. Refrigerators, freezers, and air conditioners protected by overcurrent devices rated at 20 am- b. Clothes-washing, clothes-drying, dish-washing ma- Peres or less. chines; information technology equipment; sump c. The combined length of flexible metal conduit and flexible metallic tubing and liquidtight flexible metal pumps and electrical aquarium equipment conduit in the same c. Hand-held motor-operated tools, stationary and ground=fault current path does fixed motor-operated tools, and light industrial not exceed 1.8 m(6 ft). d motor-operated tools . If used to connect equipment where flexibility is nec- d. Motor-operated appliances of the following types: essary tp.m;nimi�e`the transmission of vibration from hedge clippers, lawn mowers, snow blowers, and ;equipment or to provide flexibility for equipment that wet scrubbers• requires.-movement after installation, an equipment e. Portable handlamps grounding conductor shall be installed. f. Cord-and-plug-connected appliances used in damp or (6) Listed liquidtight flexible metal conduit meeting all wet locations or by persons standing on the ground or the following conditions: on metal floors or working inside of metal tanks or a.*The conduit is terminated in listed fittings. boilers b. For metric designators 12 through 16 (trade sizes g. Tools likely to be used in wet or conductive locations 3/s through 1/2), the circuit conductors contained in Exception: Tools and portable handlamps likely to be used the conduit are protected by overcurrent devices in wet or conductive locations shall not be required to be rated at 20 amperes or less. connected to an equipment grounding conductor where c. For metric designators 21 through 35 (trad6-sizes supplied through an isolating transformer with an un- 3/a through 11/4),the circuit conductors contained in grounded secondary of not over 50 volts. the conduit are protected by overcutrent devices rated not more than 60 amperes and there is no 250.116 Nonelectrical Equipment.The metal parts of the flexible metal conduit,.flexible metallic tubing, or following nonelectrical equipment described m this section liquidtight flexible metal conduit in trade sizes shall be connected to the equipment grounding conductor: metric designators 12 through 16 (trade sizes 3/8 (1) Frames and tracks of elecfrically operated cranes and through 1/2) in the ground=fault current path. hoists d. The combined length of flexible metal conduit and (2) Frames of nonelectrically driven elevator cars to which flexible. metallic tubing and liquidtight flexible electrical conductors are attached metal conduit in the same ground=fault cutrenf (3) Hand-operated metal shifting ropes or cables of electric path does not exceed 1.8 in (6 ft). elevators e. If used to connect equipment where flexibility is necessary to_minimize t7-6 tiansinission of vibrd- Informational Note: Where extensive metal in or on build- tion-from e quip menti or to rovlde flexibili "for ings may become energized and is subject to personal con- r equrpment.that r`equiies. movemeuf after installa- tact, adequate bonding and grounding will provide addi- tion, an equipment grounding conductor shall be tional safety. installed. 250.118 Types of Equipment Grounding Conductors. (7) Flexible metallic tubing where the tubing is terminated The equipment grounding conductor run with or enclosing in listed fittings and meeting the following conditions: 70-122 NATIONAL ELECTRICAL CODE 2011 Edition d ARTICLE 250—GROUNDING AND BONDING 250.148 side of a separately derived system disconnecting means cover with at least two fasteners that are permanent (such or the overcurrent devices for a separately derived sys- as a rivet) or have a thread locking or screw V�.nut locking tem not having a main disconnecting means. means,and (2) when the cover mounting holes are located Exception No.. The on a flat non-raised portion of the cover. P frames of ranges, wall-mounted ov- ens, counter-mounted cooking units, and clothes dryers un- (B)'Contact Devices or Yokes.Contact devices or yokes de- der the conditions permitted for existing installations by signed and listed as self-grounding shall be permitted in con 250.140 shall be permitted to be connected to the grounded junction with the supporting screws to establish the grounding circuit conductor. circuit between the device yoke and flush-type,boxes. Exception No. 2: It shall be permissible to ground meter enclosures by connection to the grounded circuit conductor (C) Floor Boxes. Floor boxes designed for and listed as on the load side of the service disconnect where all of the Providing satisfactoy ground continuity between the box following conditions apply: and the device shall be permitted. (1) No service ground fault protection is installed. (D) Isolated Receptacles. Where installed for the reduc- ( ) Allmeter enclosures are located immediately adjacent 2 tion of electrical noise(electromagnetic interference)on the grounding circuit, a receptacle in which the grounding ter- to the service disconnecting means. minal is purposely insulated from the receptacle mounting (3) The size of the grounded circuit conductor is. not means shall be permitted. The receptacle grounding termi- smaller than the size specified in Table 250.122 for nal shall be connected to an insulated equipment grounding equipment grounding conductors. conductor run with the circuit conductors. This equipment Exception No. 3:Direct-current systems shall be permitted grounding conductor shall be permitted to pass through,one to be grounded on the load side of the disconnecting means or more panelboards without a connection to the panel- or overcurrent device in accordance with 250.164. board grounding terminal bar as permitted in 408.40, Ex- Exception No. 4: Electrode-type boilers operating at over ception, so as to terminate within the same.building or 600 volts shall be grounded as required in 490.72(E)(1) structure directly at an equipment grounding conductor ter- and 490.74. minal of the applicable derived system or service. Where installed in accordance with the provisions of this section,. 250.144 Multiple Circuit Connections. Where equipment this equipment grounding conductor shall also be permitted is grounded and is supplied by separate connection to more to pass through boxes,wireways, or other enclosures with- than one circuit or grounded premises wiring system, an out being connected to such enclosures. equipment grounding conductor termination shall be provided Informational Note: Use of an isolated equipment for each such connection as specified in 250.134 and 250.138. ing conductor does not relieve the requirement for ground- ing the raceway system and outlet box. 250.146 Connecting Receptacle Grounding Terminal to Box. An equipment bonding jumper shall be used to con- nect the grounding terminal of a grounding-type receptacle Grounding Conductors to Boxes. Where circuit conduc- to a grounded box unless grounded as in 250.146(A) tors are spliced within a box, ,or terminated on equipment through (D). The equipment bonding jumper shall be sized within or supported by a box, any equipment grounding con- in accordance with Table 250.122 based on the rating of the ductor(s)associated with those circuit conductors shall be con- overcurrent device protecting the circuit conductors. nected within the box or to the box with devices suitable for the use in accordance with 250.148(A)through(E). (A) Surface-Mounted Box. Where the box is mounted.on Exception: The equipment grounding the surface, direct metal-to-metal contact between the de- ding conductor permitted vice yoke and the box or a contact yoke -or device that in 250.146(D) shall not be required to be connected to the complies with 250.146(13) shall be permitted to ground the other equipment grounding conductors or to the box. receptacle to the box.At least one of the insulating washers I shall be removed from receptacles that do not have acon- (A) Connections. Connections and splices shall be made tact yoke or device that complies with 250.146 in accordance with 110.14(B) except that insulation shall II P � (B)to ensure direct metal-to-metal contact.This provision shall not apply not be required. j to cover-mounted receptacles unless the box and cover (B) Grounding Continuity. The arrangement of ground- combination are listed as providing satisfactory ground ing connections shall be such that the disconnection or the continuity between the box and the receptacle.A listed ex- removal of a receptacle,luminaire,or other device fed from posed work cover shall be permitted to be the grounding the box does not interfere with or interrupt the grounding and bonding means when (1) the device is attached to the continuity. 2011 Edition NATIONAL ELECTRICAL CODE 70-127 - r 250.160 ARTICLE 250.—GROUNDING AND BONDING (C) Metal Boxes.A connection shall be made between the (3) By other means that accomplish equivalent system pro- one or more equipment grounding conductors and a metal tection and that utilize equipment listed and identified I box by means of a grounding screw that shall be used for for the use no other purpose, equipment listed for grounding, or a listed grounding device. 250.166 Size of the Direct-Current Grounding Elec- trode Conductor.The size of the grounding electrode con-, (D) Nonmetallic Boxes. One or more equipment ground- ductor fora do system shall be as specified in 250.166(A) ing conductors brought into a nonmetallic outlet box shall and(B), except as permitted by 250.166(C) through (E). be arranged such that a connection can be made to any fitting or device in that box requiring grounding. (A) Not Smaller Than the Neutral Conductor.Where the do system consists of a 3-wire balancer set or a balancer wind- (E) Solder. Connections depending solely on solder shall ing with overcurrent protection as,provided in 445.12(D),the not be used. grounding electrode conductor shall not be smaller-than the neutral conductor and not smaller than 8 AWG copper or 6 VIII. Direct-Current Systems AWG aluminum. 250.160.General. Direct-current systems shall comply (B) Not Smaller Than the Largest Conductor.Where the with Part VIII and other sections of Article.250 not specifi- do system is other than as in 250.166(A), the grounding cally intended for ac systems.. electrode conductor shall not be smaller than the largest conductor supplied by the system, and not smaller than 8 250.162 Direct-Current Circuits and Systems to Be AWG copper or 6 AWG aluminum. Grounded. Direct-current circuits and systems shall be grounded as provided for in 250.162(A) and(B). (C) Connected to Rod,Pipe,or Plate Electrodes. Where connected to rod,pipe, or plate electrodes as in 250.52(A)(5) (A) _Two-Wire,Direct-Current Systems.A 2-wire,do sys- or (A)(7), that portion of the grounding electrode conductor tem supplying premises wiring and operating at greater than that is the sole connection to the grounding electrode shall not 50 volts but not greater than 300 volts,shall be grounded. be required to be larger than 6 AWG copperwire or 4 AWG Exception No. 1: A system equipped with a ground detec- aluminum wire. for and supplying only industrial equipment in limited ar- (D) Connected to a Concrete-Encased Electrode. Where eas shall not be required to be grounded. connected to a concrete-encased electrode as in 250.52(A)(3), Exception No. 2: A rectifier-derived do system supplied. that portion of the grounding electrode conductor that is the from an ac system complying with 250.20 shall not be re- sole connection to the grounding electrode shall not be re- r quired to be grounded. quired to be larger than 4 AWG copper wire. Exception No. 3: Direct-current fire alarm circuits having (E) Connected to a Ground Ring.Where connected to a a maximum current of 0.030 ampere as specified in Article ground ring as in 250.52(A)(4), that portion of the ground- 760, Part III, shall not be required to be grounded. ing electrode conductor that is the sole,connection to the (B) Three-Wire, Direct-Current Systems. The neutral grounding electrode shall not be required to be larger than conductor of all 3-wire,do systems supplying premises wir- the conductor used for the ground ring. ing shall be grounded. 250.168 Direct-Current System Bonding Jumper. For direct-current systems that are to be grounded,an unspliced 250.164 Point of Connection for Direct-Current Systems. - bonding jumper shall be used to connect,the equipment (A) Off-Premises Source. Direct-current systems to, be grounding conductor(s) to the grounded conductor at the grounded and supplied from an off-premises source shall source or the first system disconnecting means where the have the grounding connection made at one or more supply system is grounded. The size of the bonding jumper shall stations.A grounding connection shall not be made at indi- not be smaller than the system grounding electrode conduc-' vidual services or at any point on the premises wiring. for specified in 250.166 and shall comply with the provi- sions of 250.28(A), (B), and (C). (B) On-Premises Source. Where the do system source is located'on the premises, a grounding connection shall be 250.169 Ungrounded Direct-Current Separately De- made at one of the following: rived Systems.Except as otherwise permitted,in 250.34 for (1) The source portable and vehicle-mounted generators, an ungrounded (2) The'first system disconnection means or overcurrent do separately derived system supplied from a stand-alone device power source(such as an engine—generator set)shall have a 70-128 NATIONAL ELECTRICAL CODE 2011 Edition ARTICLE 314—OUTLET,DEVICE,PULL,AND JUNCTION BOXES;CONDUIT BODIES;FITMGS;AND HANDBOLES 314.15 (1) Base.Other than at points of support,there shall be an open shall be provided with covers to complete the enclo- ( airspace of at least 1.59 mm (0.0625 in.) between the base sure. Where adequate space is provided for feed-through of the device and the wall'of any metal cabinet or cutout conductors and for splices as required in 312.8, additional box in which the device is mounted. barriers shall not be required. (2) Doors.There shall be an airspace of at least 25.4 mm (1.00 in.)between any live metal part,including live metal parts of enclosed fuses, and the door. Exception: Where the door is lined with an !approved in- ARTIO 314 sulating material or is of a thickness of metal not less than. Outlet, Device, Pull, and unction Boxes; 2.36 mm(0.093 in.)uncoated, the airspace shall not be less on uit O ies; fittings; an andhole than 12.7 mm (0.500 in.). Enclosures ' (' (3) Live Parts. There shall be an airspace of at least 12.7 mm (0.500 in'.) between the walls, back, gutter Parti- I. Scope and General ` tion, if of metal, or door of any cabinet or cutout box and the nearest exposed current-carrying part of devices 314.1 Scope.This article covers the installation and use of mounted within the cabinet where the voltage does not all boxes and conduit bodies used as outlet, device, junc- exceed' tion, or pull boxes, depending on their use and handhole 250. This spacing shall be increased'to at least p p g 25.4 mm 1.00 in. for voltages of 251 to 600 nominal. enclosures. Cast, sheet metal, nonmetallic, and other boxes ( ) g , such as FS,FD, and larger boxes are,not classified as con- .Exception: Where the conditions in 312.11(A)(2), Excep- duit bodies. This article also includes installation require- tion, are met, the airspace for nominal voltages from 251-to600 ments for fittings used to join raceways and to connect (0.500 in.).shall 'be permitted to be not less than 12.7 mm raceways and cables to boxes and conduit bodies. (0. (B) Switch Clearance. Cabinets and.cutout boxes shall be 314.2 Round Boxes.Round boxes shall not be used where deep enough to allow the closing of the doors when 30- conduits or connectors requiring the use of locknuts or ampere branch-circuit panelboard switches are in any posi- bushings are to be connected to the side of the box. tion,when combination cutout switches are in any position, 3 or when other single-throw switches are opened as far as 14.3 Nonmetallic Boxes. Nonmetallic boxes shall be per- their construction permits. nutted only with open wiring on insulators, concealed knob- and-tube wiring,cabled wiring methods with entirely nonme- (C) Wiring Space. Cabinets and cutout boxes that contain tallic sheaths, flexible cords,'and nonmetallic raceways. devices or apparatus connected within the cabinet or box to Exception No. 1: Where internal bonding means are pro- • ,more than eight conductors, including those of branch cin- � vided between all entries, nonmetallic boxes shall be per- cuits, meter loops,feeder circuits,power circuits, and simi- mitted to be used with metal raceways or metal-armored- tion. etal-armored lar circuits,but not including the supply circuit or a continua- cables. tion.thereof, shall have back-wiring spaces or one or more side-wiring spaces, side gutters,or wiring compartments. Exception No. 2: ' Where integral bonding means with a Provision for attaching an equipment bonding jumper in- (D) Wiring Space—Enclosure. Side-wiring spaces,.side side the box are provided.between-all threaded 'entries in gutters,or side-wiring compartments of cabinets and cutout nonmetallic boxes listed for the purpose, nonmetallic boxes boxes shall be made tight enclosures by.means of covers, shall be permitted to be used with metal raceways or metal- barriers, or partitions extending from the bases of the de- armored cables. vices contained in the cabinet, to the door, frame, or sides of.the cabinet. 314.4 Metal'Boxes. Metal boxes shall be grounded and bonded in accordance with Parts I, IV,V,•VI,VII, and X of Exception: Side-wiring.spaces, side gutters, and side-wiring Article 250 as applicable,except as permitted in 250.112(I). compartments of cabinets shall not be required to be made tight enclosures where those side spaces contain only conduc- tors that enter the cabinet directly opposite to the devices H. Installation where they terminate. 314.15 Damp or Wet Locations. In damp or wet loca- Partially enclosed back-wiring spaces shall be provided tions,boxes, conduit,bodies, and fittings shall be placed or with covers to complete the enclosure. Wiring spaces that equipped so as to prevent moisture from entering or accu- are required by 312.11(C) and are exposed when doors are mulating within the box, conduit body, or fitting. Boxes, 2011 Edifion NATIONAL ELECTRICAL CODE 70-177 4041 Of NORTH,'4 Town of North Andover HEALTH DEPARTMENT ,SSACHUSEt . CHECK#: DATE: N 13 OQ LOCATION: A L- L k,CS7) H/O NAME: CONTRACTOR NAME: Type of Permit or License:(Check box) ❑ Animal $ ❑ Body Art Establishmen`ty $ VDody Art Practitioner $ umpster - $ b ❑ Food Service-Type: $ ❑ Funeral Directors $ ❑ Massage Establishment $ ❑ Massage Practice $ ❑ Offal(Septic)Hauler $ ❑ Recreational Camp $ ❑ Sun tanning $ ❑ Swimming Pool $ ❑ Tobacco $ ❑ Trash/Solid Waste Hauler $ ❑ Well Construction $ SEPTIC Systems S,s�: ❑ Septic-Soil Testing $ ❑ Septic-Design Approval $ ❑ Septic Disposal Works Construction(DWC) $ ❑ Septic Disposal Works Installers(DWI) $ ❑ Title 5 Inspector $ ❑ Title 5 Report $ ❑ Other. (Indicate) $ ffea�l �A ent Initials White-Applicant Yellow-Health Pink-Treasurer Royal Crest Estates 50 Royal Crest Drive North Andover,MA 01845 Deana Susko Community Manager Tel:(978)681-1822 Fax: (978)682-9064 E-mail:deana.susko@aimco.com Q TOWN OF NORTH ANDOVER °< F°DTA. Office of COMMUNITY DEVELOPMENT AND SERVICES HEALTH DEPARTMENT SUITE 2-36 20•, 1600 OSGOOD STREET; BUILDING Susan Y. Sawyer,REHSlRS , Public Health Director NORTH ANDOVER.MASSACHUSETTS 01845 us crr Phone: 978.688.9540 Fax: 978.688.8476 E-mail:health dent(Zto,.vnofnorthan ve RECEIVED APPLICATION FOR DUMPSTER PERM T NOV 13 2009 PURSUANT TO SECTION 31A AND 31B OF CHAPTER II TOWN OF NORTH ANDOVER OF THE GENERAL LAWS, AND RULESAND REGULATIONS OF LffhLTH DEPARTMENT NORTHANDOVER BOARD OF HEALTH DATE: Application is hereby made for a permit to maintain a dumpster(s) on property located at .ZO�I�L C-�•��T �STATC S in accordance with the rules and regulations of the Board of Health. Applicant: R()VNLL� �I ��� Property Owner:_ ROQ C1 crn S Name of Contact-'__b_ � � 5 b Owners Address:5Z UUQj Cf-,fS+ 1R. Address:_ I R000 (aF �0 /P�OUC-YZ,VY) Owners Phone#: _1Joo Telephone#: (0�a-� �U Federal ID or SS#: � Dumpster Company:_�—l- �_-t Telephone#:_ OO- (A`'1)-1�60 Pick-Up Schedule:_ lL On the back of this form, please sketch an outline of property,showing the proposed location of the dumpster(s). Give distance from dumpster to other buildings and lot lines or boundaries. Annual Dumpster Permit Fee: $60.00 per establishment Payable to: Town of North Andover. LATE FEE AFTER JANUARY 1St WILL BE DOUBLED -$120.00 *Please note that all contact information and the associated fee is required upon application submittal. Page I of I Commonwealth of Massachusetts } e Board of Health _ North Andover 1600 OSGOOD STREET BUILDING 20- SUITE 2-36• South NORTH ANDOVER,MA 01845 DUMPSTERS DATE PRINTED 10/28/2009 ESTABLISHMENT NAME: Royal Crest Estates Royal Crest Estates 50 Royal Crest Drive File Number: BHF-2002-000103 Attn:Patty Perdue NORTH ANDOVER MA 01845 RE: 2010 LICENSE RENEWAL LOCATED AT: ,MA OWNER: Royal Crest Estates PHONE:(978)681-1822 RENEWAL FEE DUE: $60.00 PERMIT TYPE. FEE DURATION ANNUAL SEASONAL TEMPORARY Dumpster $60.00 F-1 FI NOTES: Patty Perdue,Community Manager; , 978.682.1822 Total Fees: $60.00 COURTESY RENEWAL REMINDER............Your 2009 Dumpster Permit expires on December 31 st. In order to renew your permit,you must complete the enclosed application and return it along with the renewal fee of$60.00. The application and fee must be returned to:Health Department, 1600 Osgood Street,Building 20;Suite 2-36,North Andover,MA 01845. To ensure timely processing,please return your application and payment by November 30th. Please make your check payable to the Town of North Andover. As a reminder,the following excerpts from the Dumpster Regulations are as follows:: 4.4 It.shall also be the responsibility of the owner or agent whose property is being serviced by the dumpster(s)to maintain the lid(s)in a closed condition at all times except when actually in the process of placing refuse in the dumpster. 4.7 Dumpsters are not to be filled after 9:00 p.m.or before 7:00 a.m. for residential property,nor after the close of the business day for commercial property,at which time the lids are to be locked. All necessary forms and regulations may be found on the Town of North Andover website: www.townofnorthandover.com- Town Departments- -Health Department-Permits&Regulations. If you have any questions,please e-mail the Health Department at: healthdept@townofnorthandover.com,or call at 978.688.9540. Thank you for your cooperation during the annual renewal process. Enc: Application 1(0 I�. Garage aintenance cg:) � 24 r47 0 35 D4' N Y Puttin _ 40 ngU 20 21 = = Grecn 22 - Tennis Court 1940= 39 34 r o Pool Greeng a� test Drive m o 4 �O.ya Tennis O � 44 ell, 'Cres t'e Club , �� 32 v \J 41 D Ga 0 `e mouse � 42 �cp O 07g �tiSl > 2 Mile Jogging Course ` °� 29 >>t,01 & neer�� Pond Commonwealth of Massachusetts North Andover Board of Health i v a' 1600 OSGOOD STREET BUILDING 20; SUITE 2-36; South NORTH ANDOVER,MA 01845 DATE PRINTED: 10/28/2009 ESTABLISHMENT NAME: Royal Crest Estates Royal Crest Estates 50 Royal Crest Drive Attn:Patty Perdue NORTH ANDOVER MA 01845 File Number:BHF-2002-000103 LOCATED AT: , MA Permit Type Permit No. Permit Issued Permit Expires Fee Restrictions/Notes Dumpster BHP-2010-0130 Jan 1,2010 Dec 31,2010 $60.00 Allied Waste Company;Pickups 6 days per week/Patty Perdue, Community Manager;978.682.1822 Total Fees: $60.00 PERMIT EXPIRES December 31, 2010 Board of Health Page 1 f Commonwealth of Massachusetts 100138023 —~ Asbestos Notification Form ANF-001 Decal Number �~ — Important: TOWN Or'Hlt OF ' When filling out A. Asbestos Abatement Description HhA4.tM I !-"� forms on the computer,use 1. a. Is this facility fee exempt-city, town, district, municipal housing authority, owner-occupied only the tab key residence of four units or less? ❑Yes ✓❑ No .___._..... ....; to move your C cursor-do not b. Provide blanket decal number if applicable: /Blanket Decal Number use the return key. 2. Facility Location: IR ROYAL CREST ESTATES 50 ROYAL CREST DRIVE a.Name of Facility b.Street Address — .......... . ............................................ NORTH ANDOVER I IMA 1 101845 . ......... c.City/Town d. State e.Zip Code f.Telephone Number INSTRUCTIONS 3. Worksite Location: 1.All I seU ctions of this NT 35'2 .....1 � frw _ form must be a. Building Name/Building Location b. Building# c.Wing d.Floor e. Room completed in order to comply with 4. Is the facility occupied? Z Yes ❑ No DEP notification requirements of 310 CMR 7.15 5. Asbestos Contractor: and the Division --- — ----------------- of occupational ABSOLUTE ENVIRONMENTAL CONTRALTO 114 KENOZA AVE l - -...............__._—... —...__._.....__.... -- ._._.._....._.. -.._._.......... __.. .. _._..-------_..... ..._........__.........._.................._........__.._...... _.....__........_....._........................................................... Safety(DOS) a.Name b.Address _ notification requirements of 453 HAVERHILL � -_� 101830 ❑ 9784201492 l CMR 6.12 c.City/Town _ —_ — d.Zip Code _ e.Telephone Number AC000755 f. DOS License Number g. Contract Type: ❑ Written ❑Verbal CHRIS MCNULTY _ _ �- --� PRESIDENT --� h. FacilityContactPerson i.Contact Person's Title DOUGLAS MCKENNA ASO41152 6' a.Name of On-Site Supervisor/Foreman••_.___— _ b.Supervisor/Foreman DOS Certification Number _ SMITH &WESSEL ffAA000161 7 a._Name of Project Monitor _ _ b.Priect Monitor DOS Certification Number 8. SMITH &WESSEL I IAA000161 a.Name of Asbestos Analytical Lab b.Asbestos Analytical Lab DOS Certification Number,,.,_„_,_,, =0 9 11/14/2011 11/21/2011 a. Pro'ect Start Date mm — -- — m- .� ._..._...............1..._.. _ S._..- /dd/Xx.YXJ._....�....._.._......._..._._....__._._..._..........__............. b:.._Fsd Date(mm/dd/X.XX.X.)......................................................_............................................................, �0 7A-4P i N c.Work hours Mon-Fri. d.Work hours Sat-Sun. _o 10. a. What type of project is this? =0 ❑ Demolition Renovation ❑✓ Repair ❑ Other, please specify: b. Describe 11. a. Check abatement procedures: Glove bag (_ Encapsulation o ❑ Enclosure ❑ Disposal only _u- ❑ Cleanup ❑ Other, specify: ❑✓ Full containment b. Describe —z =Q 12. Is the job being conducted: Z Indoors? ❑Outdoors? anf001 ap.doc•10/02 Asbestos Notification Form •Page 1 of 3 Commonwealth of Massachusetts _____----__.__..__.-.....__-_..-.......____....._-_..-____, 100138023 Asbestos Notification Form ANF-001 Decal Number A. Asbestos Abatement Description (cont.) 13. Total amount of each type of Asbestos Containing Materials (ACM) to be removed, enclosed, or encapsulated: a.Total pipes or ucts(mear ft) Tb. otal other surrfaces square r — --- surface coatings Lin. : Sq d. Insulating cement IL n..... ._.......... 17'.­ c.Boiler,breaching,duct,tank .......' r-- ft --- r e.Corrugated or layered paper C= �........................ pipe insulation Lin.ft. Sq.ft. f.Trowel/Sprayer coatings Lin.ft.......... Sq.ft. g.Spray-on fireproofing Lin,ft. Sq.ft h.Transite board,wall board Lin.ft_ Sq�t ._._..__ _..1 S..........................._., i.Cloths,woven fabrics j.Other,please specify: == .30 Lin.ft. S .ft. Lin. , ft. Sq.ft._.__ k.Thermal,solid core pipe (J�OI�NT�CMPND insulation Lin Sq.ft. I.Specify.� _._._...___..—.._._—.__..........__........m- ._..........._.............._............................: 14. Describe the decontamination system(s) to be used: ........--............._......__...._..-.._._........._......-........__...............-........_.........._.._........_-..............._._....__..._.._._......__........................................................-............._..........__..._......_.........._.............................-.__..-............................................................._............. 3 STAGE DECONTAMINATION UNIT ..............__..........__............................................ 15. Describe the containerization/disposal methods to comply with 310 CMR 7.15 and 453 CMR 6.14(2) (g): CET, DOUBLE BAG 16. For Emergency Asbestos Operations, the DEP and DOS officials who evaluated the emergency: JOE PAPARELLA INSPECTOR -------............................... - _ ......_..............................---...._.........._...._.........................................................................._................................................................... a.Name of DEP Official _--..--_..---.__.._.._.. b.Title 11/10/2011 1111930 c.Date(mm/dd/yyyy)of Authorization d. DEP Waiver USED ON LINE SYSTEM e.Name of DOS Official f. DOS Off icial its [11/10/2011 [1636-2011 .._._._....... _..._......_.........._...._....................................................................................................................... ..._................_._._............; g.Date(mm/dd/yyyy)of Authorization h. DOS Waiver# N _0 17. Do prevailing wage rates as per M.G.L. c. 149, §26, 27 or 27A-F apply to this project? [J Yes I No ° B. Facility Description -0 1. Current or prior use of facility: APARTMENTS 2. Is the facility owner-occupied residential with 4 units or less? [_I Yes Z No AIMCO � 2 GREENWOOD SQUARE 3. r._-___-......---._....---._._.........-.._..... aa. Facility Owner Name -- — b.Address ° BENSALEM, PA - _- -_- 19020 L o C.Cit /Town d.Zip Code e.Tele hone Number area code and extension �LL 4' a.Name of Facility Owner's On-Site Manager b.On-Site Manager Address Z ---- _.... -... ...... - ——--...._.._ 9 ._..._ .._..__ —_ ... ................g ................ .......................................................... �Q c.City/Town d.Zip Code e.Telephone Number(area code and extension) anf001ap.doc•10/02 Asbestos Notification Form•Page 2 of 3 Commonwealth of Massachusetts 100138023 Asbestos Notification Form ANF-001 Decal Number B. Facility Description (cont.) 5' a.Name of General Contractor b.Address ........_....._....._.._.._._..._.........__..._..._...._... _...._ .................. ..................................._........................................................................ c.City/Town - d.Zip Code e.Telephone Number area code and extension f.Contractor's Worker's Comp. Insurer Policy Number h. Exp. Date(mm/dd/yyyy) 6. What is the size of this facility? a.Square Feet b. Number of floors C. Asbestos Transportation and Disposal 1. Transporter of asbestos-containing material from site to temporary storage site (if necessary): _.._..__.......____.._..._......._......_..___..___..........-.._.._____...... ....._._............_.....; ABSOLUTE ENVIRONMENTAL CONTRACTO 114 KENOZA AVE . _...__............................... Note:Transfer a.Name of Transporter b.Address Stations must IHAVERHILL, MA 01830 c9784201492 _-'_'_-- comply with the —� — " __' P Y c.City/Town d.Zip Code e.Telephone Number Solid Waste Division 2. Transporter of asbestos-containing waste material from removal/temporary site to final disposal site: Regulations 310 CMR 19.000 SERVICE TRANSPORT PO BOX 2132 ._.....__.............._._..._...._._._...........................__......_......_..._........_...._........._.............._.__.......__........... ....._........... ............_......_................_................................................................................................................................................. ... ...... ..........; a.Name of Transporter BRISTOL, PA 1900_� (2158269226b.Address _....__. J L ___�__ __..___.....__._.._....__.._...., 7 e.Telephone Number _ ......... ...... . . 3. a.Refuse Transfer Station and Owner b.Address c.CitylTown d.Zip Code e.Telephone Number _ ................_......................_.._.; 4, *NERVA ENTERPRISES INC a.,Final Disposal Site Location Name b.Final Disposal Site Location Owner's Name P....._......_...._. ._ __ .. ........................ . . 9000 MINERVA ROAD LWAYNESBURG c.Final Disposal Site Address OH 44688 e.State f.Zip Code g.Telephone Number 0 D. Certification —� The undersigned hereby states, under the CHRIS MCNULTY CHRIS MCNULTY o ... _._._._......_....._.._ ...................................................._........ penalties of perjury, that he/she has read the a. Name_ b.Authorized Signature �o Commonwealth of Massachusetts regulations 1PRESIDENT J 111/10/2011 for the Removal, Containment or -- ------ -- ---____ c. Position/Title d.-Date mm/dd yy)_ __._.______•, Encapsulation of Asbestos,453 CMR 6.00 and 784201492 ABSOLUTE ENVIRONMEi 310 CMR 7.15, and that the information _ �o contained in this notification is true and correct e.Telephone Number _ f.Representing._.__n--_ :::....._........ �_. to the best of his/her knowledge and belief. 114 KENOZA AVE j —� 1-1...............-.----........_............_........_.........................................._.................................-...._.................._.................................................................................... o q.Address I �U_ HAVERHILL, MA 01830 __-- _...._.._ ...____....._–_ _ ._....................__.._._..._J h.City/Town i.Zip Code i Z �Q anf001 ap.doc 10/02 Asbestos Notification Form•Page 3 of 3 1 • 'T'll L Commonwealth of Massachusetts 100138022 Asbestos Notification Form ANF-001 Decal Number Important: When filling out A. Asbestos Abatement Description forms on the computer,use 1, a. Is this facility fee exempt-city, town, district, municipal housing authority, owner-occupied only the tab key residence of four units or less? ❑Yes ❑✓ No to move your cursor-do not b. Provide blanket decal number if applicable: — -----------.....__._._............._..._...._..: use the return Blanket Decal Number key. 2. Facility Location: CROYAL=CRES_T ESTATES _ _ � � 50OY RAL_CRES—DRIVE a Name of Facilit m - - - - - b.Street Address NORTH ANDOVER MA 101845 ` c.City/Town d.State e.Zip Code f.Telephone Number INSTRUCTIONS 3. Worksite Location: 1.All sections of this form must be a.Building Name/Building Location b. Building# c.Wing d. Floor e. Room completed in order to comply with 4. Is the facility occupied? Z Yes (J No DEP notification requirements of 310 CMR 7.15 5. Asbestos Contractor: and the Division — — -- --of occupational ABSOLUTE ENVIRONMENTAL CONTRACTOR 114 KENOZA AVE _._.._..---....._..._.._.__.................................._.._........__...---...---------........_---._._......_.._.........._..... --.._.__............_......................_._..........._..............__......................._..._.................._......................................................... Safety(DOS) a.Name b.Address notification requirements of 453 HAVERHILL 01830J9784201492____ CMR 6.12 c.City/Town _ -�� _ d.Zig Code e.Telephone Number AC000755 _ Verbal f. DOS License Number g. Contract Type: Written �_J _ _ ........................................ CHRIS MCNULTY PRESIDENT h.Facility Contact Person -- - - i.Contact Person's Title _ DOUGLAS MCKENNA JAS041152 � —_„ w 6' a. Name of On-Site Su ervisor/Foreman b.Supervisor/Foreman DOS Certification Number SMITH & WESSEL AA000161 7. --- a. Name of Pj roiect Monitor b.Proect Monitor DOS Certification Number 8. SMITH &WESSEL IAA000161 a.Name of Asbestos Analyical Lab __ b.Asbestos An, alytical Lab DOS Certification Number 0 9. [11/14/2011 — -�___� � 111/21/2011 _._...,-. .___._.. — __ _a-:._Project Start Date_(mm/dd/yyy�!)___---.._.._..._..........._...... b:End Date(mmldd/Y.YY._Y............._..._..........................._,....................................................................., r o 7A-4 P _ _ ___= !��__..___ — .........................._..i �N c.Work hours Mon-Fri, d.Work hours Sat-Sun. =o 10. a. What type of project is this? —0 ❑ Demolition ❑ Renovation o Repair ❑ Other, please specify: b.Describe 11. a. Check abatement procedures: O EJ Glove bag Ej Encapsulation o ❑ Enclosure ❑ Disposal only _LL ❑ Cleanup ❑ Other, specify: ❑✓ Full containment b. Describe —z —Q 12. Is the job being conducted: Q Indoors? ❑Outdoors? anf001ap.doc•10/02 Asbestos Notification Form•Page 1 of 3 ✓ 1 . Commonwealth of Massachusetts (100138022 Asbestos Notification Form ANF-001 Decal Number A. Asbestos Abatement Description (cont.) 13. Total amount of each type of Asbestos Containing Materials (ACM) to be removed, enclosed, or encapsulated: 10 1 65 a.Tota pipes or ducts(linear ) otaf o-`tTi`er s`u a es square ifj� c. Boiler,breaching,duct,tank r� .____.._.__......._._.. d. Insulating cement -......................................... 1.....................................� surface coatings Lin.ft. _ Sq.ft. Lin.ft. Sq.ft. e.Corrugated or layered paper L__1 1� 1 ................... pipe insulation Lin.ft. Sq.ft. f.Trowel/Sprayer coatings Lin.ft. Sq.ft. l E=__1 r .._..-_._.g.Spray on fireproofing Lin.ft. h.Transite board,wall board LLin,ft. ...... .............. i.Cloths,woven fabrics j.Other,please specify: —ft -� �5 - -- Lin.ft. _ S .ft. Lin. 59,ft....._-: k.Thermal,solid core pipe �� JOINT CMPND insulation Lin,ft. Sq.ft. �pecify __.__.-..__ ___ __..__.__�__......._. 14. Describe the decontamination system(s) to be used: _............._..................................--........--....._.--....._........................................_._...._...-----.-...._...................-........................................................................................_................_.._........_................................_.................................................................... ...........; �3 STAGE DECONTAMINATION UNIT 15. Describe the containerization/disposal methods to comply with 310 CMR 7.15 and 453 CMR 6.14(2) (g): WET, DOUBLE BAG 16. For Emergency Asbestos Operations, the DEP and DOS officials who evaluated the emergency: JOE PAPARELLA INSPECTOR j i_ ---"_ -'-"""*-"'- ----------,-"*"""",_ ... ._.. . ... _.._ _ ......-_._........_..-......_.............._........................................................................_........................_........................... .Name of DEP Official b.Title 11/10/2011 1111931 c. Date(mm/dd/yyyy)of Authorization d.DEP Waiver# USED ON LINE SYSTEM __ __ ,_,_._._, •_,_____._____.._...___..-j e.Name of DOS Official -� . DOS Offici-57itle 11/10/20111635-2011 ....__.._.__.._._.-....__....._..._....................__..___.._..._.__.._.__.._.._......_............._....................._....) ......_...........-..........................................................._......................................._............_........-......................................................... ..._I N g. Date(mm/dd/yyyy)of Authorization h. DOS Waiver# _0 17. Do prevailing wage rates as per M.G.L. c. 149, §26, 27 or 27A—F apply to this project? [..J Yes [✓ No B. Facility Description =o 1. Current or prior use of facility: APARTMENTS �o 2. Is the facility owner-occupied residential with 4 units or less? [I Yes Z No AIMCO �I 2 GREENWOOD SQUARE a.Facies Owner Name b.Address =0 BENSALEM, PA � 19020 — o c.Cityfrown-- �^ d.Zip Code e.Tele ho�-^ne Number area code and extension) u. 4. r ::::] 7 a. Name of Facility Owner's On-Site Manager ........... ' ''Y ' b.On-Site Manager Address Z Y....-....._......._..__..__..__... L�J I— g.................._._._......_.__... .............................. Q c.City/Town d.Zip Code e.Telephone Number(area code and extension) anf001ap.doc• 10/02 Asbestos Notification Form•Page 2 of 3 Commonwealth of Massachusetts . ........ . 100138022 _ _ Decal Number Asbestos Notification Form ANF-001 B. Facility Description (cont.) 5. a.Name of General Contractor b.Address _ — __.... .................................... .... .................. c.Cit�r/Town ....... _w __` d Zp Code _ e.Telephone Number area code and extension — A .. . ...... ..........._. f.Contractor's Worker's Comp. Insurer g. Policy Number — I h. Exp. Date�mm/dd/yyyy) 6. What is the size of this facility? ---- __...__ _ __..__..__-..._................._.........._i a.Square Feet b. Number of floors C. Asbestos Transportation and Disposal 1. Transporter of asbestos-containing material from site to temporary storage site (if necessary): ABSOLUTE ENVIRONMENTAL CONTRACT 114 KENOZA AVE Note:Transfer a.Name of Transporter b.Address — __ry Stations must IHAVERHILL, MA 01830 'L9 4201492 ...--_._.___..........._._._. ..-......-....... . ..... . .. ....:. comply with the c.City/Town d.Zip Code e.Telephone Number- ^-_..__....___..__. Solid Waste Division 2, Transporter of asbestos-containing waste material from removal/temporary site to final disposal site: Regulations 310 CMR 19.000 ISERVICE TRANSPORT PO BOX 2132 a.Name of Transporter b.Address BRISTOL, PA 19007 1 12158269226_ —� c.Ci— t��/Town _ d.Zip Code e.Telephone Number Il P ....................._................................_...__........................................................._..........._; 3• L __ __ _ _—._._..___. a.Refuse Transfer Station and Owner b.Address _ ___..._.._....-_............__.._____...._....._...__,_-..___.............._....... c.Cit /Town _ __ d.Zip Code _ e.Telephone Number ._--.__-._-_- _____ ......_.._......................_........_..................., 4. MINERVA ENTERPRISES INC a_final Disposal Site Location Name _ b. Final Disposal Site Location Owner's Name 9000 MINERVA ROAD ( IWAYNESBURG j c. Final Disposal Site Address d.City/Town J.OH 44688 e .____........_........._._..__. .State f.Zi --- p Code g.Telephone Number 0 D. Certification N The undersigned hereby states, under the CHRIS MCNULTY CHRIS MCNULTY i �o penalties of perjury, that he/she has read the a.Name b.Authorized Signature o Commonwealth of Massachusetts regulations PRESIDENT 11/10/2011 �I for the Removal, Containment or ------- --- - Encapsulation of Asbestos,453 CMR 6.00 and (�c mm/dd/vvvv) 8�784201492 Position/Title d. Date 310 CMR 7.15, and that the information l_.� _ _ 1 JABSOLUTE ENVIRONME._.__...-._.__.___....__._.__...._._._._................J � contained in this notification is true and correct e.Telephone Number f. Representing o to the best of his/her knowledge and belief. 114 KENOZA AVE o q.Address HAVERHILL�� MA 01830 Z h.Cityfrown i.Zip Code Q anf001ap.doc•10/02 Asbestos Notification Form•Page 3 of 3 J Commonwealth of Massachusetts 100138019 �' Asbestos Notification Form ANF-001 Decal Number Important: When filling out A. Asbestos Abatement Description forms on the computer,use 1. a. Is this facility fee exempt-city, town, district, municipal housing authority, owner-occupied only the tab key residence of four units or less? ❑Yes F%/1 No ________.__....._._._., to move your cursor-do not b. Provide blanket decal number if applicable: — --..----__..._......_..__......_-..._..._-._.._! use the return Blanket Decal Number key. 2. Facility Location: `ROYAL'-CRESTESTATES 50 ROYAL CREST DRIVE M `a.Name of Facility _ - b.Street Address ................................. NORTH ANDOVER 101845 a City/Town d.State e.Zip Code f.Telephone Number INSTRUCTIONS 3. Worksite cation: 1.All sections of this UNIT 1-2 _ �__....... __....._.______..� _....... .........................i form must be a.Building Name/Building Location b. Building# c.Wing d.Floor e. Room completed in order to comply with 4. Is the facility occupied? Z Yes U No DEP notification requirements of 310 CMR 7.15 5. Asbestos Contractor: and the Division of occupational JABSOLUTE ENVIRONMENTAL CONTRA 114 KENOZA AVE --..........._._._.__.._..__-- — -- -- . . --..-_-....._....._._._..............................._..........._..........................._...........................-............... .................... Safety(DOS) a.Name - b.Address _ notification � 01830 974201492 requirements of 453 HAVERHILL8 CMR 6.12 c.City/Town d.Z�Code e.Telephone Number AC000755 –� f. DOS License Number g. Contract Type: E] Written ,.,-]Verbal CHRIS MCNULTY _ PRESIDENT h. Facility Contact Person i.Contact Person's Title DOUGLAS MCKENNA -----I ASO41152 6. a. Name of On-Site Supervisor/Foreman _ b.Supervisor/Foreman DOS.Certification Number SMITH &WESSEL I IAA000161 7. a.Name of Project Monitor _ b. Project Monitor DOS Certification Number _ 8. SMITH &WESSEL J IAA000161 a.Name of Asbestos Analytical Lab b.Asbestos Analytical Lab DOS Certification Number =0 9 11/14/2011 -� - 11/2112011 a:Project Start Date(m _ b. End Date(mm/dd/yyyy? ) _. . .... 0 7AM-4PM N c.Work hours Mon-Fri. d.Work hours Sat-Sun. =o 10. a. What type of project is this? —0 ❑ Demolition ❑ Renovation ✓❑ Repair ❑ Other, please specify: b. Describe 11. a. Check abatement procedures: ° F. Glove bag ❑ Encapsulation o ❑ Enclosure ❑ Disposal only _L ❑ Cleanup ❑ Other, specify: ✓❑ Full containment b.Describe z —Q 12. Is the job being conducted: Ev(] Indoors? ❑Outdoors? anf001ap.doc•10/02 Asbestos Notification Form•Page 1 of 3 -� .. Commonwealth of Massachusetts '100138019 ' Decal Number Asbestos Notification Form ANF-001 A. Asbestos Abatement Description (cont.) 13. Total amount of each type of Asbestos Containing Materials (ACM) to be removed, enclosed, or encapsulated: 10 165 a.Total pipes or ducts(linear ft) D. I otal other u—fr aces square c. Boiler,breaching,duct,tank ( j _ .. . ._... __..........---..__...__... d. Insulating cement I........................................� I...._....... ........................., surface coatings -Lin.ft.-- Sq.ft. Lin.ft. Sq.ft. ---•----- e.Corrugated or layered paper � � C _ � I TF! - --�-------•--- f.Trowel/Sprayer coatings pipe insulation Lin.ft. Sq.ft. Lin.ft. Sq.ft. g.Spray-on fireproofing h.Transite board,wall board 1 ........................: Lin.ft. Sq.ft. Lin,ft. . q�ft. "-_._.... I.Cloths,woven fabrics C� j.Other,please specify: Lin.ft. S ..ftp_. �i _ Lin.ft. k.Thermal,solid core pipe I(JOINT CMPND insulation Lin.ft. Sq.ft. I.Specify_._.__.,._________.-_...._..___-_.....__._._..__._. _..._..................................................i 14. Describe the decontamination system(s) to be used: 3 STAGE DECONTAMINATION UNIT 15. Describe the containerization/disposal methods to comply with 310 CMR 7.15 and 453 CMR 6.14(2) (g): ____.._.-_.___...__._...__.........._........................................ i WET, DOUBLE BAG 16. For Emergency Asbestos Operations, the DEP and DOS officials who evaluated the emergency: JOE PAPARELLA INSPECTOR _ _ _...__....._.._.. ___ .._....._._.. _....__..........._._._._. .._.._......._ .....__.............................................................................................................................._....... a.Name of DEP Official ___.___..—_.____......... b.Title 111/10/2011 1111932 ...................................... .....-...: c.Date(mm/dd/yyyy)of Authorization d.DEP Waiver# USED ON LINE SYSTEM �� ! e.Name of DOS Official D S 0 ficial Title 11/10/20111634-2011 _._..__..__._..........._....._.._.._......- -._----------..._..._...._.. _............_......-_................_..........................._..................................................................................................; g. Date(mm/dd/yyyy)of Authorization h. DOS Waiver# N 0 17. Do prevailing wage rates as per M.G.L. c. 149, § 26, 27 or 27A—F apply to this project? {D Yes [✓. No B. Facility Description APARTMENTS to 1. Current or prior use of facility: _....__............_........._... — _........ -.............................................. ............................... 0 2. Is the facility owner-occupied residential with 4 units or less? Yes Z No AIMCO L GREENWOOD SQUARE 3. a. Facility Owner Nameb.Address _ _ ___......._....__......_._............ o BENSALEM, PA - -� 19020�� __ ___._..__.._._...._� o C.City_/Town__ d.Zip Code e.Telephone Number(area code and extension) b. te nager Q �c.Cit /TownFacility Owner's On-Site Manager d.Zi � � Telephone and extension � � Y P Code e. ele P ( ) anf001ap.doc•10/02 Asbestos Notification Form•Page 2 of 3 .� Commonwealth of Massachusetts ....................... .._......__.... 100138019 ` Asbestos Notification Form ANF-001 `'LDecal Number B. Facility Description (cont.) 5. __ a.Name of General Contractorb.Address _.. _.. - .. .... ........... ..... ................. C.City/Town — d;Zp Code _ e_Telephone Number tarea code and extension) ----- - -- ( 1 ((... ..._.._.....___ f.Contractor's Worker's Comp. Insurer r2PPolioy Number h. Ems. Date rrnd yyyy) 6. What is the size of this facility? a.Square Feet b. Number of floors C. Asbestos Transportation and Disposal 1. Transporter of asbestos-containing material from site to temporary storage site (if necessary): ABSOLUTE ENVIRONMENTAL CONTRACTO 114 KENOZA AVE _ _ _ - ....__........._ ............. Note: Note:Transfer a. Name of Transporter b.Address Stations must HAVERHILL,TMA � 01830 9784201492 i comply with the c.City/Town d.Zip Code e.Telephone Number .............._....._............_............_............._` Solid Waste Division 2. Transporter of asbestos-containing waste material from removal/temporary site to final disposal site: Regulations 310 _ CMR 19.000 SERVICE TRANSPORT PO BOX 2132 _ -._._..._.........._.._.._..._._.._.__......._...--............_........._....._........._...._................................................................................: a.Name of Transporter b.Address BRISTOL, PA ��--'-I 19007 1 12158269226 c.City/Town d.Zip Code e.Telephone Number 3. _ _... - ..............._..................__.._...._.................................................................................-.............i a.Refuse Transfer Station and Owner b.Address.._.._ —_ I c.Cit /Town d.Zi Code e.Tele•_phone Number - .................... ... .................... 4. MINERVA ENTERPRISES INC a. Final Disposal Site Location Name_____ —_ _ b.Final Disposal Site Location Owner's__Name. r_ ....... 9000 MINERVA ROAD WAYNESBURG c. Final Disposal Site Address d.City/Town _ OH 44688 ro e.State f.Zip Code g.Telephone Number �o D. Certification N The undersigned hereby states, under the ICHRIS MC_N_ULTY ~-- � CHRIS MCNULTY _ .............._................. penalties of perjury,that he/she has read the a.Name - _. b.Authorized signature _ 10 Commonwealth of Massachusetts regulations PRESIDENT 11/10/2011— for the Removal, Containment or -� -- c. Position/Title _ d.Date mmld�yy1L _._____ Encapsulation of Asbestos, 453 CMR 6.00 and 9784201492 - - - ABSOLUTE ENVIRONME] 310 CMR 7.15, and that the information _.____....__.._.._.........._..._..........._....._..__......___..., �o contained in this notification is true and correct e.Telephone Number f. Representing to the best of his/her knowledge and belief. 114 KENOZA AVE _.._._.... —._.._..._...__......_................_....................................._.._......................................................................................................................., o .Address 1HAV�-ERHILL, Z h.City/Town i.Zip Code �Q i anf001ap.doc•10/02 Asbestos Notification Form•Page 3 of 3 RECEIVED NovOWN i 9 [tiit F NORTH ENVIRONMENTAL TLS T HEALTH DEPARTMENT ANDOVER November 14, 2012 Ms. Susan Sawyer Health Department 1600 Osgood Street Building 20, Unit 2034 North Andover, Massachusetts 01845 Re: MCP Public Notice—Immediate Response Action (IRA) Completion Report and Response Action Outcome (RAO) Statement f"r9 Royal Crest Estates North Andover, Massachusetts 01845 RTN 3-30564 Dear Ms. Sawyer: The Massachusetts Contingency Plan (MCP) at 310 CMR 40.1403(3)(f) requires that the Chief Municipal Officer and the Department of Public Health be notified of the availability of a Release Action Outcome (RAO) Statement for sites in their community, as well as of the results of the RAO Statement. In accordance with those provisions, please be aware that the CNA Realty Advisors, Inc. on behalf of Royal Crest Estates, has submitted an Immediate Response Action (IRA) Completion Report and a Class A-1 RAO Statement in relation to the referenced disposal site in North Andover, and response actions have achieved a condition of No Significant Risk. Should you wish to receive a copy of the IRA Completion Report or the RAO Statement, please contact the Massachusetts Department of Environmental Protection (DEP), Northeast Regional Office in Wilmington at (978) 694-3200. MassDEP also maintains an online File Viewer where all reports can be reviewed using the RTN listed above. Please feel free to contact me at (978) 470-4755 if you would like to discuss this matter. Very sincerely yours, Cooperstown Environmental LLC Richard E. Gang Senior Vice President 23 Main Street • Andover MA 01810 T 978-470-4755 www.CooperstownEnv.com