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Home My WebLink AboutMiscellaneous - 575 OSGOOD STREET 4/30/2018 (6) i OsvoYl Sr7ee 7 Commonwealth of Massachusetts Division of . Fisheries & Wildlife MassWildlife Jack Buckley,Director August 24,2016 Bob Coppola Edgewood Retirement Community 575 Osgood Street North Andover MA 01845 RE: Project Location: Pond Pasture Lane at Rear of 575 Osgood Street Project Description: Edgewood Retirement Community Small Home Project NHESP File No.: 07-21483 Dear Applicant: Thank you for submitting the MESA Project Review Checklist, site plans (dated August 15, 2016) and other required materials to the Natural Heritage and Endangered Species Program of the MA Division of Fisheries & Wildlife (the "Division") for review pursuant to the Massachusetts Endangered Species Act (MESA) (MGL c.131A)and its implementing regulations (321 CMR 10.00). Based on a review of the information that was provided and the information that is currently contained in our database, the Division has determined that this project, as currently proposed, will not result in a prohibited "take" of state-listed rare species. This determination is a final decision of the Division of Fisheries &Wildlife pursuant to 321 CMR 10.18. Any changes to the proposed project or any additional work beyond that shown on the site plans may require an additional filing with the Division pursuant to the MESA. This project may be subject to further review if no physical work is commenced within five years from the date of issuance of this determination,or if there is a change to the project. The Division notes that any future projects or activities proposed on the Property which are (a) located outside of the approval of the limit of Work shown on the site plan,(b)not exempt from review pursuant to 321 CMR 10.14, and (c) located within mapped Priority Habitat as indicated in the Massachusetts Natural Heritage Atlas, will require review by the Division pursuant to MESA. Furthermore, 321 CMR 10.16 provides that projects shall not be segmented or phased to evade or defer the review requirements under MESA. If the Division determines, based on the considerations provided for in 321 CMR 10.16, that a future project or activity proposed on the Property is part of a larger common project or scheme,it may evaluate the cumulative impacts of the existing and proposed segments of the common project when reviewing the future proposed project or activity pursuant to MESA. Please note that this determination addresses only the matter of state-listed species and their habitats. If you have any questions regarding this letter please contact Daisy Medeiros,Endangered Species Review Assistant,at(508)389-6357. Sincerely, www.mass.gov/nhesp Division of Fisheries and Wildlife Field Headquarters,One Rabbit Hill Road,Westborough,MA 01581 (508)389-6300 Fax(508)389-7890 An Agency of the Department of Fish and Game NEESP No.07-21483,page 2 of 2 i Thomas W.French,Ph.D. Assistant Director cc: Kenneth Costello,SMRT Architects&Engineers Alex Strysky,MEPA John McMeeking From: Ken Costello Sent: Tuesday, August 30, 2016 11:46 AM To: John McMeeking Subject: Fwd: EEA 15564- Edgewood Small Home Project, North Andover-WITHDRAWN Can you forward notification from mepa. I will send original. Sent from my iPhone Begin forwarded message: From: "Strysky,Alexander(ENV)"<alexander.strysky@state.ma.us> Date:August 30, 2016 at 10:39:20 AM EDT To: "kcostello@smrtinc.com"<kcostello@smrtinc.com> Subject: FW: EEA 15564-Edgewood Small Home Project, North Andover-WITHDRAWN Hi Ken- Please forward this to any municipal agencies(Conservation Commission, Planning Board, Board of Selectmen, etc)that may have been expecting the project to be reviewed by MEPA. Good luck with the project. Alex Alex Strysky MEPA Office 100 Cambridge Street, 9th Floor Boston, MA 02114 ph: (617) 626-1025 fx: (617) 626-1181 From: Strysky, Alexander(EEA) Sent: Tuesday, August 30, 2016 10:37 AM To: 'avorceCcbnantucket-ma.gov'; Backman, Andy (DCR); Baker, Nancy (DEP); Barbara Newman; Boeri, Robert(EEA); Bourre, Richard (EEA); Buckley, Deirdre (EEA); 'bwoods@nmcog.org'; Carr, Jillian (FWE); Chin, Ken (DEP); Chisholm, Chris (AGR); 'Christopher.Boelke@Noaa.gov'; 'Ciaramella, Pasquale'; 'Connolly, Marianne'; 'ddizoglio(&mvpc.org'; 'Dorr Fox (dfox@capecodcommission.org)'; 'Elizabeth Perry'; Engler, Lisa Berry(EEA); 'Eric Arbenne (earbeene@ocperpa.org)'; 'Eric.Hutchins@noaa.gov'; Evans, Tay (FWE); Feeney, Eileen (FWE); Flaherty, Erin (EEA); Fragata, Carlos (DEP); French,Tom (FWE); Galvin, Mike (DCR); Glenn, Kathryn (EEA); Hill, David (DEP); Hopson, Barbara (AGR); Huckery, Pat(FWE); Janik, David (DEP); 'Jill Valdes Horwood'; 'Julie Wormser'; Kerigan, Kathleen (DEP); 'Kilmer, Charles'; Kinahan, Erin (DOT); Kirby, Christine (DEP); 'Laney, Kristen'; Langhauser, Andrea (DEP); LaRosa,Thomas (DCR); 'Lauren Glorioso'; Lehan, Richard (FWE); 'lindad@frcog.org'; Logan, John (FWE); Lorion, Barry (DOT); Lucien, Lionel (DOT); Lynch, Ben (DEP); Mahala, Jim (DEP); Marold, Misty-Anne (FWE); Mastone, Victor (EEA); 'maura.zlody@ci.boston.ma.us'; McKenna, Steve (EEA); 'mpillsbury@mapc.org'; 'Mystic River Watershed Association'; 'N Karns(&berkshireplan ning.org'; Padula, Michele (AGR); Petitpas, Christian (FWE); 'pincumbe.david@epa.gov'; 'Pioneer Valley Planning Commission'; Putnam, Nancy(DCR); Regosin, Jonathan (FWE); 'Reiner.Ed@epamail.epa.gov'; Salomaa, William (DCR); 'Sandy Conaty'; Schluter, Eve (FWE); Simon, Brona (SEC); Singleton, Stolle (EEA); Skiba, Catherine (DEP); Stanley, Laura (DEP); Strysky, Alexander(EEA); Tamul, Stella (DEP); 'Taylor, Jo-Ann'; 'timmerman.timothy@epa.gov'; Tipton, Nathaniel (DCR); 'Van Deusen, Margaret'; Veinotte, Amanda; Warncke, Tracy (EEA); Washburn, 1 Bradford (EEA); 'Winn, Jane'; Wixon, Josephine (EEA); Worrall, Eric (DEP); Yeo, Jonathan (DCR); Zoto, George (DEP) Cc: 'kcostello@smrtinc.com' Subject: EEA 15564- Edgewood Small Home Project, North Andover-WITHDRAWN This ENF has been withdrawn at the request of the Proponent. Alex Strysky MEPA Office 100 Cambridge Street, 9th Floor Boston, MA 02114 ph: (617)626-1025 fx: (617) 626-1181 2 tAORTH a4 IE ID ,6. o 6 OL O M i _ h � Y( h T l� O Ssgc►+us� CONSERVATION DEPARTMENT Community Development Division Modification to Order of Conditions The NORTH AN OVER CO SERVATION COMMISSION agreed to accept Applicant: cl—dae -A &JhPLj IAJ as a Modification to the Order of Conditions issued in File 242-13 fr dated -.j Jj ao,c- and recorded in Book#111,Pe and page Issued by the NORTH ANDOVER CONSERVATION COMMISSION: On this / ¢T of 6-k5-4'1e before me personally appeared Scott Masse to me day month/yT known to be the person described in and who executed the foregoing instrument and acknowledged that he/she executed the same as his/her free act and deed. Notary Public isionAires DONNA M.WEDGE T77FIR71-5- NOTARY PUBLIC COt MONWEALTH OF MASSACNaSTTS' M Comm.Expires Aug. 03 Y P 9. 1600 Osgood Street,North Andover,Massachusetts 01845 Phone 978.688.9530 Fax 978.688.9542 Web www.townofnorthandover.com I I z NORTH O� t�eo , qq. 3r gtt' 6'6 OL 'A NrED I.PPS�S - SAC HUSH CONSERVATION DEPARTMENT Community Development Division MODIFICATION TO ORDER OF CONDITIONS 575 Osgood Street, North Andover At the November 19, 2008 public hearing the North Andover Conservation Commission (NACC) voted to issue a minor modification to DEP# 242-1398. The Modification shall conform to the plans and documents referenced below and shall be subject to the additional conditions listed in this document. Applicant: Edgewood Retirement Community, Inc. 575 Osgood Street North Andover, MA 01845 Record Documents: Modi{cation Request Letter Prepared by: Christiansen& Sergi, Inc. Dated: October 28, 2008 Memorandum Prepared by: Christiansen& Sergi, Inc. Dated: November 18,2008 RE: Edgewood Retirement Community, OOC Modification Record Plans: Preliminary Landscape Plan (Sheet 1 of 1 and 3 plan pages) Prepared by: Wemi nayr Jay Assoc. Inc. Dated August 1, 2008 j Erosion Control Plan Prepared by: Christiansen & Sergi Date: November 17,2008 Sheet 1 of 1 Utility Relocation Plan Prepared by: Christiansen& Sergi Date: November 17, 2008 Sheet 1 of 1 1600 Osgood Street,Building 20,Suite 2-36,North Andover,114assachusetts 01845 Phone 978.688.9530 Fax 978.688.9542 Web:http://www.towtiofnorthandover.com/Pages/N<-�lidoverNLhk—Conservation/index Sidewalk Relocation Plan Prepared by: Christiansen & Sergi Dated: November 17,2008 Sheet 1 of 1 Other Record Documents: Historical Site Photo Lighting, Stone Wall, 3-Rail Fence and Sign Detail Sheet Approved Modifications •;• Construct dry laid field stone wall and horse fencing along Osgood Street and access drive within the 25-foot No-Disturbance Zone (waiver request attached) ❖ Remove invasive species along stone wall bordering Osgood Street 4- Excavate common reed (Phragmites australis) from existing horse pond ❖ Install landscape plantings along access drive in accordance with approved plan and subject to approval by the Conservation Administrator (plantings within jurisdiction of the NACC shall be native species) ❖ Remove portion of existing fire-road and reconfigure parking area (outside 100-foot Buffer Zone) with associated changes in stormwater management resulting in net decrease in impervious area ❖ Remove existing utility poles (utilities previously installed underground per plans of record) ❖ Relocate sidewalk in buffer zone to E-series wetland resource area Pre-Construction ❖ Erosion control barriers will'be properly installed (silt fence trenched 4— 6-inches into the ground,backed by double-staked hay bales) and located per the approved plans and shall be inspected and approved by the Conservation Department prior to the commencement of work on each of the described modifications. These temporary erosion control measures 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 Department or the NACC. . ❖ The applicant shall flag all non-native and invasive species to be removed as described in the referenced construction sequence. Any other vegetation proposed for removal,including any dead trees or limbs should also be flagged. 4- The applicant shall submit a list of native plantings proposed for landscaping/revegetadon of jurisdictional buffer zone areas. ❖ Due to its close proximity to wetland resource areas, the new sidewalk shall be staked and distances to wetland resource areas confirmed by the site monitor prior to construction. ❖ Immediately following completion of the above-mentioned items, the applicant shall contact the Conservation Department to schedule an on-site pre-construction meeting. The applicant and contractor must be present at this meeting. This modification document and all referenced plans and memos shall be included in all construction contracts, subcontracts, and specifications dealing with the work proposed and shall supersede any conflicting contract requirements. The 1600 Osgood Street,Building 20,Suite 2-36,North Andover,Massachusetts 01845 Phone 978.688.9530 Fax 978.688.9542 Web:http://www.townofnorthandover.com/Pages/NAndoverNLk_Consenration/index applicant shall assure that all contractors, subcontractors and other personnel performing the permitted work are fully aware of the permit's terms and conditions. A reasonable period of time shall be provided as notice of the pre-construction meeting (e.g. 48 hours). During Construction ❖ All non-native and invasive species removed from the property shall be disposed of properly. Material shall be burned or otherwise destroyed and shall not be composted or stored on site. Post Construction ❖ Immediately following completion of the work, any disturbed areas shall be permanently stabilized by seeding or planting as detailed in the record modification documents. If seasonally inappropriate to stabilize by seeding or replanting, areas shall be mulched with hay or matted with a site appropriate material to prevent against erosion. Once the modification areas are adequately stabilized, the Conservation Department shall be contacted to conduct final site inspections. I 1600 Osgood Street,Building 20,Suite 2-36,North Andover,Massachusetts 01845 Phone 978.688.9530 Fax 978.688.9542 Web:http://www.townofnorthandover.com/Pages/NAndoveriIA_Conservation/index Massachusetts Department of Environmental Protection DEP File Number: Bureau of Resource Protection - Wetlands WPA Form 4B — Order of Resource Area Delineation 2421444 Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 Provided by DEP A. General Information Important: North Andover When filling out From: 1.Conservation Commission forms on the computer, use 2. This Issuance is for(check one): only the tab key to move your cursor-do not a. ® Order of Resource Area Delineation Only use the return key. b. ❑ Order of Resource Area Delineation Subject to Simplified Review tab 1. ❑ Not Subject to Stormwater Policy 2. ❑ Subject to Stormwater Policy C. ❑ Amended Order of Resource Area Delineation Note: Before 3. To: Applicant: completing this form consult Marlene Rotering Edgewood Retirement Community Inc your local a.First Name b. Last Name c.Company Conservation Osgood Street 575 OS Commission 9 regarding any d.Mailing Address municipal bylaw North Andover MA 01845 or ordinance. e.Cit /Town Y f.State g.Zip Code 4. Property Owner(if different from applicant): a. First Name b. Last Name c.Company d.Mailing Address e.City/Town f.State g.Zip Code 5. Project Location: 575 Osgood Street North Andover a.Street Address b.Cityrrown Map 36 Parcels 3, 17, 18 and 19 c.Assessors Map/Plat Number d. Parcel/Lot Number Latitude and Longitude (note: electronic filers will click for GIS locator): e. Latitude f.Longitude 10/24/08 11/5/08 11/6/08 6. Dates: a. Date Notice of Intent filed b. Date Public Hearing Closed c. Date of Issuance 7. Title and Date (or Revised Date if applicable) of Final Plans and Other Documents: Plan of Exisitng Conditions 10/23/08 a.Title b. Date ANRAD 10/24/08 c.Title d. Date wpaform4b.doc•rev.01/07 - Page 1 of 7 Massachusetts Department of Environmental Protection DEP File Number: Bureau of Resource Protection -Wetlands WPA Form 4B — Order of Resource Area Delineation 2421444 Provided by DEP Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 B. Order of Delineation 1. The Conservation Commission has determined the following (check whichever is applicable): a. ® Accurate: The boundaries described on the referenced plan(s) above and in the Abbreviated Notice of Resource Area Delineation are accurately drawn for the following resource area(s): 1. ® Bordering Vegetated Wetlands 2. ❑ Other Resource Area(s), specifically: A-1 thru A-16 and F-1 thru F-57, including CC-9 thru CC-1 between F-6 & F-15, as shown on Plan of Exisitng Conditions dated 10/23/08 b. ❑ Modified: The boundaries described on the plan(s) referenced above, as modified by the Conservation Commission from the plans contained in the Abbreviated Notice of Resource Area Delineation, are accurately drawn from the following resource area(s): i. ❑ Bordering Vegetated Wetlands 2. ❑ Other Resource Area(s), specifically: c. ❑ Inaccurate: The boundaries described on the referenced plan(s) and in the Abbreviated Notice of Resource Area Delineation were found to be inaccurate and cannot be confirmed for the following resource area(s): 1. ❑ Bordering Vegetated Wetlands 2. ❑ Other Resource Area(s), specifically: s. The boundaries were determined to be inaccurate because: wpaform4b.doc•rev.01/07 Page 2 of 7 e Massachusetts Department of Environmental Protection DEP File Number: Bureau of Resource Protection - Wetlands WPA Form 4B — Order of Resource Area Delineation 2421444 Ll Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 Provided by DEP C. Simplified Buffer Zone Review Work within the Buffer Zone pursuant to the Simplified Review(310 CMR 10.02) requires that you must comply with the following conditions. If your project does not meet these requirements, you are required to either file a Determination of Applicability or Notice of Intent or take other corrective measures as directed by the Conservation Commission. Simplified Review Conditions: Work conducted under Simplified Review requires the following: 1. No work of any kind shall occur within any wetland resource areas including Riverfront Area and Bordering Land Subject to Flooding. 2. The inner 0-to-50-foot wide area from the delineated wetland boundary that has a Buffer Zone shall not be disturbed by any work associated with this project, including placement of any stormwater management components. 3. No work shall occur in the Buffer Zone bordering an Outstanding Resource Water(e.g., certified vernal pool, public water supply reservoir or tributary), as defined in 314 CMR 4.00 or border coastal resource areas at 310 CMR 10.25-10.35. 4. No work shall occur in the Buffer Zone adjacent to wetland resources with estimated wildlife habitat(which is identified on the most recent Estimated Habitat Map of State-listed Rare Wetlands Wildlife). 5. Erosion and Sedimentation controls shall be installed and maintained at the 50-foot Buffer Zone line or limit of work (whichever is a greater distance from the resource area)to protect resource areas during�construction. 6. If the project is subject to the Massachusetts Stormwater Policy, all work shall be conducted in conformance with an approved Stormwater Management Plan. 7. The Buffer Zone does not contain a slope.greater than an average of 15% at its steepest gradient across the 100-foot Buffer Zone. 8. The amount of new impervious surface, in combination with existing impervious surfaces, shall not exceed 40%of the Buffer Zone between 50 and 100 feet. 9. No work is allowed, and no additional NOI or RDA shall be filed, for any work within the 0-to-50- foot Buffer Zone during the three-year term of an Order associated with this application. 10. Prior to any work being undertaken pursuant to this Order, the wetland resource boundary shall be flagged; all boundary delineation flagging should be maintained for the term of the Order. 11. If stormwater management structures are proposed in the Buffer Zone, the stormwater management structures shall be maintained as required in the Stormwater Plan. Such maintenance constitutes an ongoing condition and is not subject to further permitting requirements. 12. If this ORAD involves work as part of a Simplified Review, the ORAD shall be recorded at the Registry of Deeds prior to the commencement of work per the requirements of Section F. 13. Prior to proceeding with any work under Simplified Review, applicants are required to provide written notice to the Commission one week prior to commencing any work. 14. If work authorized under Simplified Review is commenced, no work is allowed, and no additional NO[ or RDA may be filed,for any work within the 0-to-50-foot buffer zone during the term of an ORAD associated with this application. If work authorized under Simplified Review is not commenced, then future NOls or RDAs may be filed for work within the 0-to-50-foot portion of the buffer zone. --End of Conditions— wpaform4b.doc•rev.01/07 Page 3 of 7 Massachusetts Department of Environmental Protection DEP File Number: Bureau of Resource Protection -Wetlands WPA Form 4B — Order of Resource Area Delineation 2421444 Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 Provided by DEP C. Simplified Buffer Zone Review (cont.) Stormwater Applicability 1. ❑ The project is not subject to the Stormwater Policy. 2. ❑ The project is subject to the Stormwater Policy and the Stormwater Plan included for the project complies with all stormwater standards. Ineligibility Determinations Site Conditions: The applicant is not eligible for Simplified Buffer Zone review and must file a _Request for Determination of Applicability or Notice of Intent prior to any work because: 3. ❑ Work is within the Buffer Zone of a Coastal Resource Area as defined at 310 CMR 10.25- 10.85. 4. ❑ The Buffer Zone contains existing slopes greater than an average of 15%. 5. ❑ Buffer Zone contains estimated rare wildlife habitat.' 6. ❑ The site borders an Outstanding Resource Water.2 Stormwater 7. ❑ The project is subject to the Stormwater Policy and the applicant has not submitted sufficient information to demonstrate compliance with the Stormwater Management Policy. Prior to any work, the applicant must submit plans showing compliance with the standards in the P Stormwater Policy, the location of the work, the amount of impervious surface, and the location of erosion controls, to the Commission for its concurrence. (See instructions to ANRAD Form 4A.) The following necessary stormwater information was not submitted by the applicant: a. s. ❑ The project is subject to the Stormwater Policy but the project does not comply with one or more of the stormwater standards (specify which standard(s) not met). a.Standard # b. Standard# s. ❑ Impervious surface exceeds 40% of the area of the Buffer Zone between 50 and 100 feet from the resource area. 10. ❑ The applicant did not submit plans depicting adequate erosion and sedimentation controls located at the limit of work or at least 50 feet from any resource areas, whichever will be greater. 11. ❑ Work is proposed within 50 feet of a resource area. Notice to Commission Any applicant proposing to proceed under Simplified Buffer Zone Review, as specified in 310 CMR 10.02, must provide written notice to the Commission one week prior to any work. ' Identified on the most recent Estimated Habitat Map of State-listed Rare Wetlands Wildlife of the Natural Heritage and Endangered Species Program, Z Certified Vernal Pools, public water supplies, or inland ACFCs as identified in 314 CMR 4.00. wpaform4b.doc•rev.01/07 Page 4 of 7 Massachusetts Department of Environmental Protection DEP File Number. Bureau of Resource Protection -Wetlands WPA Form 4B — Order of Resource Area Delineation 2421444 Ll' Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 Provided by DEP D. Findings This Order of Resource Area Delineation determines that the Stormwater Plan, if applicable, and the boundaries of those resource areas noted above, have been delineated and approved by the Commission and are binding as to all decisions rendered pursuant to the Massachusetts Wetlands Protection Act (M.G.L. c.131, §40) and its regulations (310 CMR 10.00). This Order does not, however, determine the boundaries of any resource area or Buffer Zone to any resource area not specifically noted above, regardless of whether such boundaries are contained on the plans attached to this Order or to the Abbreviated Notice of Resource Area Delineation. 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. If the Abbreviated Notice of Resource Area Delineation was filed as Simplified Review for a Buffer Zone project, the applicant has certified that any work associated with the proposed project meets all eligibility requirements for Simplified Review listed in Section C of this Order. Any work that does not comply with the Simplified Review requirements will require a Notice of Intent or Request for Determination of Applicability. The applicant is responsible for promptly requesting a Certificate of Compliance following completion of any work all pursuant to a Simplified Review or no later than three years from the date of the Order of Resource Area Delineation unless the Order is extended. Failure to comply with the conditions of this Order is grounds for the Conservation Commission or the Department to take enforcement action. This Order must be signed by a majority of the Conservation Commission. The Order must be sent 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 DEP Regional Office(see http://www.mass.gov/dep/about/region/findyour.htm). E. 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 Resource Area Delineation.When requested to issue a Superseding Order of Resource Area Delineation,the Department's review is limited to the objections to the resource area delineation(s)stated in the appeal request.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 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 bylaw or ordinance, and not on the Massachusetts Wetlands Protection Act or regulations,the Department of Environmental Protection has no appellate jurisdiction. wpaform4b.doc•rev.01107 Page 5 of 7 a Massachusetts Department of Environmental Protection Bureau of Resource Protection - Wetlands DEP File Number: WPA Form 4B — Order of Resource Area Delineation 2421444 Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 Provided by DEP F. Signatures and Notary Acknowledgem t �S Please i icate t e number of members who will sign this for ko Number of signers Sign t of Conservation Commission Member Sig ture Conse tision Member Si nature of Conservation Commission ember,\ Si ature of Cons ation Commission Member Signature of se iss' Member - gnatu ervation Commission Member Signa re of Conservat n m is n Member This Order is valid for three years from the date of issuance. This Order is issued to the applicant and the property owner(if different) as follows: ❑ by hand delivery on [F(by certified mail, return receipt requested on Date Date —'— Notary Acknowledgement Commonwealth of Massachusetts County of Essex North On this Day of Month Year Before me, the undersigned Notary Public, .!�Lo 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 Norazv Pusuc i 7Ctsr,': co'�t.AONWEALTHOFMASSACHUSETTS i natureofNota Public j INy Comm.Expires Aug.7,2009 Don,%#- 6� Printed Na/me of Notary Public Place notary seal and/or any stamp above Z/ 7/ bad 7 My Comrfiissi&n Expires(Date) wpaform4b.doc•rev.01/07 Page 6 of 7 Massachusetts Department of Environmental Protection DEP File Number: Bureau of Resource Protection -Wetlands WPA Form 4B — Order of Resource Area Delineation 2421444 Ll Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 Provided by DEP G. Recording Information If this Order is issued for purposes of Resource Area Delineation only, this Order should NOT be recorded. If this Order of Resource Area Delineation is issued as part of a Simplified Review, this Order 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 6 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: i North Andover I Conservation Commission Please be advised that the Order of Conditions for the Project at: 575 Osgood Street 242-1444 Project Location DEP File Number Has been recorded at the Registry of Deeds of: i Essex North 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 wpaform4b.doc•rev.01/07 Page 7 of 7 Q. Massachusetts Department of Environmental Protection Bureau of Resource Protection - Wetlands Request for Departmental Action Fee Transmittal Form Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 A. Request Information Important: When filling out 1. Person or party making request(if appropriate, name the citizen group's representative): forms on the computer, use Name only the tab key to move your cursor- Mailing Address do not use the return key. City/Town State Zip Code Phone Number Fax Number(if applicable) Project Location Mailing Address Cityrrown State Zip Code 2. Applicant(as shown on Notice of Intent(Form 3), Abbreviated Notice of Resource Area Delineation (Form 4A); or Request for Determination of Applicability (Form 1)): Name Mailing Address City/Town State Zip Code Phone Number Fax Number(if applicable) 3. DEP File Number: B. Instructions 1. When the Departmental action request is for(check one): ❑ Superseding Order of Conditions ❑ Superseding Determination of Applicability ❑ Superseding Order of Resource Area Delineation Send this form and check or money order for$100.00(single family house projects)or$200(all other projects), payable to the Commonwealth of Massachusetts to: Department of Environmental Protection Box 4062 Boston, MA 02211 wpaform4b.doc Page 1 of 2 Massachusetts Department of Environmental Protection Bureau of Resource Protection - Wetlands Request for Departmental Action Fee Transmittal Form Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 B. Instructions (cont.) 2. On a separate sheet attached to this form, state clearly and concisely the objections to the Determination or Order which is being appealed. To the extent that the Determination or Order is based on a municipal bylaw, and not on the Massachusetts Wetlands Protection Act or regulations, the Department has no appellate jurisdiction. 3. Send a copy of this form and a copy of the check or money order with the Request for a Superseding Determination or Order by certified mail or hand delivery to the appropriate DEP Regional Office (see hftp://www.mass.gov/dep/about/region/findvour.htm). 4. A copy of the request shall at the same time be sent by certified mail or hand delivery to the Conservation Commission and to the applicant, if he/she is not the appellant. wpaform4b.doc Page 2 of 2 Massachusetts Department of Environmental Protection Bureau of.Resource Protection - Wetlands DEP File Number: WPA Form 5 - Order of Conditions 242-1398 Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 'A. General Information Important: North Andover When filling From: t.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 Marlene Rotering Edgewood Retirement Community Inc. use the return a.First Name b. Last Name c. Company key. 575 Osgood Street d.Mailing Address rah North Andover MA. 01845 e.City/Town f.State g.Zip Code 4. Property Owner(if different from applicant): a. First Name b. Last Name c. Company d.Mailing Address e. City/Town f. State g.Zip Code 5. Project Location: 575 Osgood Street and 549 Osgood Street North Andover a.Street Address b.Cityrrown Map 36 Parcels 3,17, 18, and 19 c.Assessors Map/Plat Number d. Parcel/Lot Number Latitude and Longitude, if known (note: 42-70-328 -71-107-270 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) 9223 177 c. Book d. Page 7. Dates: 4/27/07 2/13/08 aliSID a. Date Notice of Intent Filed b.Date Public Hearing Closed c.Date 6f Iss ante 8. Final Approved Plans and Other Documents (attach additional plan or document references as needed): Definitive Site Plan Re::;ocd rf[Iifai�er} 1i ri'ner of c57A ( A,1'K. i 7 a. Plan Title Christiansen & Sergi Inc. Philip G. Christiansen, P. E4 Michael J. Sergi, P. b.Prepared By L. S. 2/1/08 1"-40'. d.Final Revision Date e. Scale See Attached f.Additional Plan or Document Title g. Date 9. Total WPA Fee Paid: $16,700 $4,287.50 $12,412.50 a.Total Fee Paid b. State Fee Paid c. City/Town Fee Paid wpaform5.doc• rev.3/1/05 Page 1 of 9 I LlMassachusetts Department of Environmental Protection Bureau of Resource Protection - Wetlands DEP File Number: WPA Form 5 - Order of Conditions 242-1398 Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 B. Findings 1. Findings pursuant to the Massachusetts Wetlands Protection Act: Following the review of the above-referenced Notice of Intent and based on the information provided in this application and presented at the public hearing, this Commission finds that the areas in which work is proposed is significant to the following interests of the Wetlands Protection Act. Check all that apply: a. ® Public Water Supply b. ❑ Land Containing Shellfish c. ® Prevention of Pollution d. ® Private Water Supply e. ❑ Fisheries f. ® Protection of Wildlife Habitat g. ® Groundwater Supply h. ® Storm Damage Prevention i. ® Flood Control 2. This Commission hereby finds the project, as proposed, is: (check one of the following boxes) Approved subject to: ® the following conditions which are necessary in accordance with the performance standards set forth in the wetlands regulations. This Commission orders that all work shall be performed in accordance with the Notice of Intent referenced above, the following General Conditions, and any other special conditions attached to this Order. To the extent that the following conditions modify or differ from the plans, specifications, or other proposals submitted with the Notice of Intent, these conditions shall control. Denied because: ❑ the proposed work cannot be conditioned to meet the performance standards set forth in the wetland regulations. Therefore, work on this project may not go forward unless and until a new Notice of Intent is submitted which provides measures which are adequate to protect these interests, and a final Order of Conditions is issued. A description of the performance standards which the proposed work cannot meet is attached to this Order. ❑ the information submitted by the applicant is not sufficient to describe the site, the work, or the effect of the work on the interests identified in the Wetlands Protection Act. Therefore, work on this project may not go forward unless and until a revised Notice of Intent is submitted which provides sufficient information and includes measures which are adequate to protect the Act's interests, and a final Order of Conditions is issued. A description of the specific information which is lacking and why it is necessary is attached to this Order as per 310 CMR 10.05(6)(c). Inland Resource Area Impacts: Check all that apply below. (For Approvals Only) ❑ Buffer Zone Impacts: Shortest distance between limit of project disturbance and wetland boundary (if available) linear feet Resource Area Proposed Permitted Proposed Permitted Alteration Alteration Replacement Replacement 3. ❑ Bank a.linear feet b.linear feet c. linear feet d.linear feet 4. ❑ Bordering Vegetated Wetland a.square feet b.square feet c.square feet d.square feet 5. ❑ Land Under a.square feet b.square feet c. square feet d.square feet Waterbodies and Waterways e.cu.yd dredged f.cu.yd dredged wpaform5.doc• rev.3/1/05 Page 2 of 9 Massachusetts Department of Environmental Protection Bureau of Resource Protection Wetlands DEP File Number: WPA Form 5 - Order of Conditions 242-1398 Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 B. Findings cont. 9 (cont.) Resource Area Proposed Permitted Proposed Permitted Alteration Alteration Replacement Replacement P p s. ❑ 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 fe Storage c. cubic et d.cubic feet e. cubic feet f. cubic feet 8. ❑ Riverfront area a.total sq.feet b.total sq.feet Sq ft within 100 ft c.square feet d.square feet e.square feet f.square feet Sq ft between 100-200 ft e. square feet f.square feet e.square feet f. square feet Coastal Resource Area Impacts; Check all that apply below. (For Approvals Only) 9. ❑ Designated Port Indicate size under Land Under the Ocean, below Areas 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 242-1398 Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 C. General Conditions Under Massachusetts Wetlands Protection Act (only applicable to approved projects) 1. Failure to comply with all conditions stated herein, and with all related statutes and other regulatory measures, shall be deemed cause to revoke or modify this Order. 2. The Order does not grant any property rights or any exclusive privileges; it does not authorize any injury to private property or invasion of private rights. 3. This Order does not relieve the permittee or any other person of the necessity of complying with all other applicable federal state or local statutes,P u es, 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. i 9. A sign shall be displayed at the site not less then two square feet or more than three square feet in size bearing the words, "Massachusetts Department of Environmental Protection" [or, WA DEP"] "File Number 242-1398 " wpaform5.doc• rev.3/1/05 Page 4 of 9 Massachusetts Department of Environmental Protection L7 Bureau of Resource Protection - Wetlands DEP File Number: WPA Form 5 - Order of Conditions 242-1398 Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 C. General Conditions Under Massachusetts Wetlands Protection Act 10. Where the Department of Environmental Protection is requested to issue a Superseding Order, the Conservation Commission shall be a party to all agency proceedings and hearings before DEP. 11. Upon completion of the work described herein, the applicant shall submit a Request for Certificate of Compliance (WPA Form 8A)to the Conservation Commission. 12. The work shall conform to the plans and special conditions referenced in this order. 13. Any change to the plans identified in Condition#12 above shall require the applicant to inquire of the Conservation Commission in writing whether the change is significant enough to require the filing of a new Notice of Intent. i 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 L71Massachusetts Department of Environmental Protection Bureau of Resource Protection - Wetlands DEP File Number: WPA Form 5 - Order of.Conditions 242-1398 Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 D. Findings Under Municipal Wetlands Bylaw or Ordinance 1. Is a municipal wetlands bylaw or ordinance applicable? ® Yes ❑ No 2. The North Andover hereby finds (check one that applies): Conservation Commission 3. ❑ that the proposed work cannot be conditioned to meet the standards set forth in a municipal ordinance or bylaw specifically: a.Municipal Ordinance or Bylaw b. Citation Therefore, work on this project may not go forward unless and until a revised Notice of Intent is submitted which provides measures which are adequate to meet these standards, and a final Order of Conditions is issued. 4. ® that the following additional conditions are necessary to comply with a municipal ordinance or bylaw: North Andover Wetland Protection Bylaw Chapter 178 a.Municipal Ordinance or Bylaw b.Citation The Commission orders that all work shall be performed in accordance with the following.conditions and with the Notice of Intent referenced above. To the extent that the following conditions modify or differ from the plans, specifications, or other proposals submitted with the Notice of Intent, the conditions shall control. s 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 vvpaform5.doc• rev.3/1/05 Page 6 of 9 DEP FILE #242 -1398 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 18. Failure to comply with all conditions stated herein, and with all related statutes and other regulatory measures, shall be deemed cause to revoke or modify this Order. 19. This Order does not grant any property rights or any exclusive privileges; it does not authorize any injury to private property or invasion of property rights. However, the NACC, agent of the NACC or the Department of Environmental Protection (DEP) reserves the right to enter and inspect the property at all reasonable times until a Certificate of Compliance is issued, to evaluate compliance with this Order of Conditions, the Act (310 CMR 10.00), the North Andover Wetland ByLaw and Regulations, and may require any information, measurements, photographs, observations, and/or materials, or may require the submittal of any data or information deemed necessary by the NACC for that evaluation. Further, work shall be halted on the site if the NACC, agent or DEP determines that any of the work is not in compliance with this Order of Conditions. Work shall not resume until the NACC is satisfied that the work will comply and has so notified the applicant in writing. 20. This Order does not relieve the permittee or any other person of the necessity of complying with all other applicable federal, state or local statutes, ordinances,by-laws or regulations. 21. The work authorized hereunder shall be completed within three years from the date of this order. 22. This Order may be extended by the issuing authority for one or more periods of up to one year each upon application to the issuing authority at least thirty days (30) prior to the expiration date of the Order (Refer to Section 8.3 (p.37) of the North Andover Wetland Regulations). 23. The NACC reserves the right to amend this Order of Conditions after a legally advertised public hearing if plans or circumstances are changed or if new conditions or information so warrant. 24. Where the Department of Environmental Protection (DEP) is requested to make a determination and to issue a Superseding Order, the Conservation Commission shall be a party to all agency proceedings and hearings before the Department. 25. This Order is issued under File No. 242-1398. C:\Winword\OOC\242-1398Edgewood.doc 1 NACC 2/15/2008 DEP FILE # 242 -1398 26. The conditions of this decision shall apply to, and be binding upon, the applicant, owner, its employees and all successors and assigns in interest or control. These obligations shall be expressed in covenants in all deeds to succeeding owners of portions of the property. 27. The term "Applicant" as used in this Order of Conditions shall refer to the owner, any successor in interest or successor in control of the property referenced in the Notice of Intent, supporting documents and this Order of Conditions. The NACC shall be notified in writing within 30 days of all transfers of title of any portion of property that takes place prior to the issuance of a Certificate of Compliance. 28. The proposed work includes: Razing of existing structures, the construction of twenty-two (22) attached and single-family cottage style residential units with attached garages, associated driveways, decks/porches, the conversion of a structure (Milk Barn) to two residential units,the I onversion of an existing single family structure (Osgood House) to one residential unit, a greenhouse, roadway construction and improvements, construction of paved walkways, installation of utilities, stormwater management structures, associated grading activities and buffer zone restoration/mitigation activities. Of the twenty-two units proposed, only nine (9) units are jurisdictional. A facility addition/expansion area and associated parking and grading are also proposed. However, this work is located outside of the 100-foot buffer zone and therefore not jurisdictional. The property is also surrounded by several permanently protected Open Space properties owned by the Town of North Andover and the Trustees of Reservations (TTOR). All work regulated under this Order is proposed to be located within the boundaries of the Edgewood property and is not proposed to extend beyond these limits on any of the protected Open Space properties. It shall be the responsibility of the applicant to ensure that no work shall occur within any protected Open Space area maintained by the Town of North Andover or the Trustees of Reservations during the life of the project and in perpetuity unless otherwise allowed in the Edgewood Farm Restrictions or otherwise allowed by the Trustees of Reservations or The Town of North Andover. 29. The work shall conform to the following (except as noted in the remainder of this document where revisions may be required): Notice of Intent filed by: Edgewood Retirement Community,Inc.,(Applicant) C/o Marlene Rotering 575 Osgood Street North Andover, MA 01845 Dated April 27,2007 Notice of Intent prepared by: Nitsch Engineering (Former Representative) 186 Lincoln Street, Suite 200 Boston, MA 02111 C:\Winword\OOC\242-1398Edgewood.doc 2 NACC 2/15/2008 DEP FILE # 242 -1398 Secondary/Team Representative: Linbeck One Maquire Road/One Cranberry Hill, Suite 303 Lexington,MA 02421 Site Plans prepared by: Christiansen & Sergi, Inc. (Latter Representative) 160 Summer Street Haverhill, MA-01830 Entitled "Definitive Site Plan, Edgewood Retirement Community". Dated November 1, 2007, last revised 2/1/08. Consisting of Sheets 1 through 19 Stamped & Signed by Philip G. Christiansen,P.E. & Michael J. Sergi, P.L.S. Other Record Plans: Notice of Intent Plans by Nitsch Engineering dated 4/27/07 - includes Existing Conditions Plan by Christiansen & Sergi dated 11/15/06 and Planting Plans by Stephen Stimson Associates dated 4/27/07; Site Plan Review Drawings by Nitsch Engineering dated 5/5/07 revised on 5/29/07 and 6/18/07. Included in these plans are the Existing Consditions Plan by Christiansen & Sergi dated 11/15/06 and revised on 5/17/07. Also includes Landscape Plans by Stephen Stimson Associates dated 6/18/07; Landscaping Plans entitled "Planting Plan", prepared by Stephen Stimson Associates Landscape Architects, Inc. consisting of sheets L2.1 & L2.0, dated December 4, 2007, revised February 1, 2008. Stamped & Signed by Edward Marshall, R.L.A.; Post & Rail Fence and Wood Guard Rail Detail Sketches/Drawings (SK-1 & SK-2) dated February 1, 2008. Stamped & Signed by Edward Marshall,R.L.A.; Mitigation Plan entitled "Buffer Zone Mitigation Plan" (Sheet M1.0), dated February 1,2008; "Pre-Development Conditions Watershed Maps" & "Post- Development Conditions watershed Maps" prepared by Christiansen & Sergi, dated December 10,2007. Other Record Documents: Supplemental Information Report by Nitsch Engineering dated June 20, 2007-includes Appendix A thru N; "Mitigative Drainage Analysis" Reports prepared by Christiansen & Sergi, dated November 1, 2007, revised December 10, 2007 &January 2,2008; C:\Winword\OOC\242-1398Edgewood.doc 3 NACC 2/15/2008 DEP FILE # 242 -1398 Note: there are two (2) separate record Mitigative Drainage Analysis documents as some attachments and calculations were unchanged in the previous submittal and omitted from the final revised report. This is noted on the report with the revision date of January 2,2008. Operation and Maintenance Plan dated February 1,2008; Waiver Request Form and Associated Attachments (Appendix E), signed June 12, 2007; Alternative Analysis (Appendix G) dated June 5,2007; Alternative Analysis Sketch Plans consisting of 7 sheets (SK 1-A, SK 1-B, SK 2-A, SK 2-B, SK 3-A, SK 4-A, SK 5-A) dated June 5, 2007; Planning Board CCRC Special Permit Decision dated January 23, 2008; Planning Board Site Plan Review Special Permit Decision dated January 23,2008. Drainage Reviews: Letter from Lisa Eggleston dated June 27, 2007 RE: Stormwater Management Review; Letter from Nitsch Engineering to Lisa Eggleston dated July 5, 2007 RE: response to 6/27 letter; Letter from Lisa Eggleston dated July 18, 2007 RE: Stormwater Management Review; Letter from Nitsch Engineering to Lisa Eggleston dated August 30, 2007 RE: Response to 7/18 letter; Letter from Margaret Wheeler, Community Conservation Specialist, The Trustees of Reservations (TTOR), dated July 30, 2007 with attached peer review letter from Horsley Witten Group, Inc. dated July 24,2007; Response Memorandum from Stacey Furlong, Linbeck, to Margaret Wheeler, TTOR, dated August 3,2007; Nitsch Engineering Stormwater Systems Operation and Maintence Plan dated September 7,2007; C:\Winword\OOC\242-1398Edgewood.doc 4 NACC 2/15/2008 DEP FILE #242 -1398 Letter from Horsley Witten Group dated September 10, 2007; Letter from Lisa Eggleston dated September 11, 2007 RE: Stormwater Management Review; Letter from Christiansen & Sergi, Inc. dated November 14,2007; Letter from Eggleston Environmental dated November 27, 2007; Response letter from Christiansen & Sergi, Inc. dated December 10,2007; Letter from Eggleston Environmental dated December 18, 2007; E-mail correspondence from Ellie Baker, Horsley Witten Group, Inc., dated January 2, 2008; E-mail correspondence from Lisa Eggleston, Eggleston Environmental, dated January 3, 2008; Letter from Christiansen & Sergi,Inc. dated January'3, 2008; E-mail correspondence from Lisa Eggleston, Eggleston Environmental, dated January 8,2008; Response letter from Christiansen & Sergi, Inc. dated January 9, 2008; Final letter from Horsley Witten Group, Inc. dated January 9, 2008; Final review letter from Eggleston Environmental dated January 9, 2008. Correspondences: Letter from Alison McKay, North Andover Conservation Administrator, to Sandra Brock P.E., Nitsch Engineering dated March 12, 2007; Letter from Nitsch Engineering to Alison McKay5/15/07dated RE: Rain Garden Information and Consultant Contracts; Letter from a concerned resident dated August 20,2007; Letter from Marlene Rotering, Executive Director, Edgewood Retirement Community, dated August 24,2007; C:\Winword\OOC\242-1398Edgewood.doc 5 NACC 2/15/2008 DEP FILE # 242 -1398 Letter from North Andover resident, Angelo Giambusso, dated September 27,2007; Letter from Christiansen & Sergi. Inc. for the revised project submission and design changes dated November 1,2007; Letter from Marlene Rotering, Executive Director, Edgewood Retirement Community, dated November 2, 2007; Letter from Devine Millimet dated January 15, 2008 regarding Confirmation of Paved Parking Area on Town's Portion of Half Mile Hill. 30. The following wetland resource areas are affected by the proposed work: Buffer Zone to Isolated Vegetated Wetland (local), Buffer Zone to Bordering Vegetated Wetland (BVW) and Bank associated with intermittent stream/drainage channels. These resource areas are significant to the interests of the Act and Town ByLaw as noted above and therein. The applicant has not attempted to overcome the presumption of significance of these resource areas to the identified interests. 31. The NACC agrees with the applicant's delineation of the wetland resource areas on the site as shown on the approved plans referenced herein and as approved under the previously issued ORAD (242-1375) with exception to the following changes, additions, and/or notations: • A portion of an additional wetland resource area was reviewed and approved under this project filing, specifically wetland flags W1 through W8. • The buffer zones shown to the east of wetland flag series Y & X on the approved plan are erroneous,wherein this wetland series delineates one side of the boundary only. Therefore, buffer zones on the eastern side of this wetland resource area delineation should not have been depicted on the plans referenced herein and are not approved. • Other buffer zones associated with wetland resource areas not reviewed or approved under this filing or the ORAD filing were added to the record plans erroneously, specifically at the lower portion of the site along Osgood Street and along the main entrance drive off of Osgood Street. Any wetland resource area and associated buffer zones not noted and approved above under this Order or previously approved under the issued ORAD is not approved under this filing. 32. The NACC finds that the intensive use of the upland areas and buffer zone proposed on this site will cause further alteration of the wetland resource areas. In order to prevent any alteration of wetland resource areas a twenty-five foot (25') No-Disturbance Zone and a fifty-foot (50') No- Construction Zone shall be established from the edge of the adjacent wetland resource areas except for the demolition of existing structures; the construction/relocation of "Driveway G", installation of utilities and grading activities within and associated with the relocation of the roadway, the construction of additional walkways, and the implementation of the approved restoration/mitigation areas as approved under this filing. The Conservation Administrator and/or other agents of the NACC do not have the authority to waive these setbacks as established C:\Winword\OOC\242-1398Edgewood.doc 6 NACC 2/15/2008 DEP FILE # 242 -1398 under the local bylaw. No disturbance of existing grade, soils or vegetation is permitted in the No-Disturbance zone. (See Section 3.4 &Appendix F of the local Regulations). 33. The NACC hereby accepts the alternative analysis and therefore GRANTS-the applicant a waiver for disturbances within the regulated 25-foot No Disturbance Zone (1,587 s.f.) provided that mitigation/restoration of these disturbed areas are conducted in accordance with the approved landscaping and mitigation plans. 34. The NACC finds the applicant's proposal for 7,065 sq. ft. (>2:1 ratio) of buffer zone restoration consisting primarily of meadow areas to remain consistent with the existing natural landscape to be adequate. However,the NACC reserves the right to require alternate species should these species be determined to be more appropriate. 35. Restoration activities shall be conducted in accordance with the approved mitigation and landscaping plans and shall be constructed immediately upon construction of the work in "Area H" and "Area G". This sequence shall be reflected in the construction sequence. 36. A qualified wetland scientist shall monitor the restoration areas for TWO consecutive growing seasons (May and October) following construction of said restoration areas. At the end of each seasonal inspection, a progress report and photographs shall be prepared and submitted to the Conservation Department that describes the survivability,health and vigor of the restoration areas. A total of FOUR separate monitoring reports shall be submitted over a two-year period. If at the end of the first growing season, overall success of restoration activities is not achieved, the NACC reserves the rights to require additional mitigation measures. 37. 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,including any formed Management Company or other assignee designated by Edgewood Retirement Community, Inc. Thereafter, any and all the above stated parties and the applicant will be held jointly liable for any violation of this Order resulting from failure to comply with its conditions. 38. The owners of the project and their successors in title, in the event they proceed to alter areas subject to the Commissions jurisdiction under the order, agree that the Order does not in itself impose upon the Town any responsibility to maintain the proposed drainage system and that said Town shall not be liable for any damage in the event of failure. By acceptance of this Order, the owners agree to indemnify and hold harmless to the Town and its residents for any damage attributable to alterations undertaken on this property pursuant to the Order. Maintenance of the drainage system, if accepted by the Town as part of a public way, becomes the responsibility of the Town. 39. 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. C:\Winword\OOC\242-1398Edgewood.doc 7 NACC 2/15/2008 DEP FILE # 242 -1398 PRIOR TO CONSTRUCTION 40. 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. 41. 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 thero osed work is to be done. In the case of registered land the Final Order shall also be P P g , 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. 42. A sign shall be displayed at the site not less than two square feet or more than three square feet in size bearing the words "Massachusetts DEP, File Number 242-1398." 43. Prior to the commencement of any work, the applicant shall submit to the Conservation Department a co of the roved NPDES S p copy ea pp form Water Pollution Prevention Plan (SWPPP). 44. Soil and groundwater testing was conducted in several locations on the site in May of 2007 when the original drainage design was proposed. Estimated high ground water elevations were determined in those locations. Pond designs were based on the groundwater elevation data collected at that time. Since that time however, the applicant had redesigned the drainage system. .Therefore, additional confirmatory soil testing shall be conducted prior to construction and prior to each building permit application in the locations of the approved stormwater management structures and in the vicinity of each stormtech roof drain infiltration area, to determine soil suitability and high groundwater elevations. Upon completion of testing activities, documentation must be submitted to the Conservation Department for verification of said soil suitability and separation to groundwater. 45. Prior to construction and during a period of low water/flow conditions, the existing detention basin should be thoroughly cleaned and inspected by a qualified engineer and any necessary repairs to the basin or the outlet control structure shall be completed. Cleaning and inspection of the basin shall be ongoing in accordance with the approved Operation & Maintenance Plan referenced herein. C:\Winword\OOC\242-1398Edgewood.doc 8 NACC 2/15/2008 DEP FILE # 242 -1398 46. During the project review, the outlet from the wetland to the south of the site driveway (Wetland flag series D) was observed to be overgrown or otherwise obstructed resulting in overtopping flows onto the adjacent cart path and onto the Trustees of Reservations property to the south. The flow from this wetland, as well as the discharge from the culvert from Area H should drain toward the wet meadow further to the west on the Edgewood property. In order to preserve the integrity of the cartproperty,P ath and retain the flow on the Edg ewoodthe outlet area in this location shall be cleaned and obstructions removed prior to construction activities. 47. Prior to the construction of units G3, G4, G5, H12, H11, H10, and both units labeled H9, the foundation corners and corners of associated decks/patios of these units shall be staked in the field by a Registered Land Surveyor (R.L.S.). Measurements shall be taken and verified by the I Conservation Department during the Pre-Construction meeting. 48. Any changes in the submitted plans caused by the applicant, state or federal agency, another Board's decision or resulting from this Order of Conditions must be submitted to the NACC for approval prior to implementation. Said revisions shall be submitted as part of the record filing even if located outside of the buffer zone and therefore outside of the NACC's jurisdiction. 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. 49. 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. 50. Prior to any work commencing on site,the applicant shall submit to the NACC for approval, a detailed sequence of construction, including a dated timetable of construction,the construction of compensation and retention areas, installation of sedimentation/erosion control devices, roadway infrastructure, phasing associated with the development,the construction of the associated stormwater management structures, landscaping activities, and required mitigation/restoration areas. The construction sequence shall specify that the stormwater management structures will be constructed first, prior to any other site preparation This timetable must continue to be updated throughout the project. C:\Winword\OOC\242-1398Edgewood.doc 9 NACC 2/15/2008 DEP FILE #242 -1398 51. 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 clean marked with stakes or flags and shall be Y g confirmed b the NACC. Such markers shall all 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. 52. A row of staked hay bales backed by trenched siltation fence shall be placed between all construction areas and wetlands. The erosion control barrier will be properly installed and placed as shown on the plans approved and referenced herein and shall be inspected and approved by the NACC prior to the start of construction and shall remain intact until all disturbed areas have been permanently stabilized to prevent erosion. All erosion prevention and sedimentation protection measures found necessary during construction shall be implemented at the direction of I 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. Any additional erosion controls necessary shall be discussed in more detail in the field at the pre-construction meeting. The NACC reserves the right to require the installation of these additional erosion controls at the pre-construction meeting or at any time during construction activities. Should such installation be required by the NACC, they shall be installed within 48 hours of the Commissions request. 53. The applicant shall have on hand at the start of any soil disturbance, removal or stockpiling, a minimum of 75 hay bales and sufficient stakes for staking these bales (or an equivalent amount of silt fence). Said bales shall be used only for the control of emergency erosion problems and shall not be used for the normal control of erosion. Said emergency erosion controls shall be on site prior to the commencement of an work and shall verified b h Y y the Conservation Department during the pre-construction meeting. 54. A check payable to the Town of North Andover shall be provided in the amount of $70,000 (9 Jurisdictional units - 27K; Roadways & Utilities - 5K; Stormwater - 17K; Restorations/Mitigation - 21K), 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. C:\Winword\OOC\242-1398Edgewood.doc 10 NACC 2/15/2008 DEP FILE #242 -1398 55. The applicant shall be responsible for placing signs designating the applicable unit numbers as depicted on the plans approved and referenced herein. 56. The applicant shall designate a Qualified Professional Wetland Scientist as an "Erosion Control Monitor" to oversee any emergency placement of controls and regular inspection or replacement of sedimentation control devices. The name and phone number of the erosion control monitor must be provided to the NACC in the event that this person has to be contacted, due to an emergency at the site, during any 24-hour period, including weekends. Credentials of said Erosion Control Monitor shall be submitted in writing for review and subsequent approval by the NACC. This person shall be given the authority to stop construction for erosion control purposes. The erosion control monitor will be required to inspect all such devices and oversee cleaning and the proper disposal of waste products. Cleaning shall include removal of any entrapped silt. 57. The applicant and/or the legal. owner of that portion of land upon which these Orders of Conditions have beenlaced shall provide to the NA p p CC prior to transferring, or assigning any portion of said land to another party, such as a Management Company, Condominium Association or individual, subject to said Orders of Conditions, the "Compliance Certification Form Affidavit attached herein signed under the pains ( ) g p and penalties of perjury, stating that said applicant has read these Orders of Conditions and is in compliance with each and every condition. If portions of said land are transferred to different parties, such as individual unit owners, each party is subject to this Condition. This document shall apply to each of the conditions referenced herein and shall berovided to the Conservation Department partment at least five (5) business days prior to the closing of said land transaction. 5 . 8 Once these above mentionedre-construction requirements P q is are complete, the applicant shall contact the Conservation anon Office prior to site preparation.or construction and shall arrange an on-site conference with an NACC representative, the contractor, the engineer, the 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). C:\Winword\OOC\242-1398Edgewood.doe 11 NACC 2/15/2008 DEP FILE # 242 -1398 STORMWATER MANAGEMENT CONDITIONS 59. All construction and post-construction stormwater management systems shall be constructed in accordance with the approved construction sequence, supporting documents and plans submitted with the Notice of Intent, this Order of Conditions, and the approved Operation and Maintenance Plan attached herein. 60. Construction of the stormwater structures shall be constructed and functioning as part of the initial project phase, immediately following clearing and rough grading the site to serve as siltation control during construction. Runoff from the site shall be directed towards these basins. 61. All stormwater best management practices shall be maintained as specified in the Operation and Maintenance Plan submitted with the Notice of Intent and incorporated in the Order of Conditions. The approved Operation & Maintenance Plan is fully binding upon the applicant and/or owners, successors, agents, associations, heirs and assigns and must be adhered to in perpetuity. 62. Evidence of maintenance of the stormwater management system shall be provided to the NACC on an annual basis by a Registered Professional Civil Engineer certifying that the drainage system is working as designed and shall include any maintenance invoices for cleaning and repairs. The first report shall be submitted to the NACC as soon as the first stormwater structure goes on-line and reports must continue to be submitted until a Certificate of Compliance is issued. Compliance with the designed stormwater management system and associated stormwater management conditions shall be satisfied prior to the issuance of a Certificate of Compliance. 63. Temporary and/or permanent basins being used for sedimentation and dewatering during construction shall be cleaned of sediment when levels exceed six (6) inches. The basins shall be cleaned of sediment prior to final grading and construction of permanent stormwater basins. 64.Wetland Ponds are proposed as part of the stormwater management design. Pond plantings must be conducted in accordance with the approved plans and documents referenced herein. A qualified wetland specialist must supervise wetland plantings and monitoring must be conducted in the spring and fall for two (2) consecutive years after the planting date. Reports prepared by a qualified wetland specialist shall be submitted following each inspection and must document species survival/distribution, sediment accumulation,water quality and conditions of the pond outlet. 65. All roof runoff shall be directed to the stormtech roof drain infiltrators to provide groundwater recharge as shown on the approved plans referenced herein. 66. 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. C:\Winword\OOC\242-1398Edgewood.doc 12 NACC 2/15/2008 DEP FILE # 242 -1398 67. Water quality down gradient of BVW's shall not differ significantly following completion of the project from the pre-development conditions. There shall be no sedimentation into wetlands or water bodies from discharge pipes or surface runoff leaving the site. 68. Prior to the issuance of the Certificate of Compliance,the applicant shall be responsible for cleaning all stormwater structures, in accordance with the approved Operation & Maintenance Plan attached herein and the associated stormwater management conditions mandated herein. 69. The applicants, owners, and their successors and assignees, shall maintain all culverts, collections basins, traps, outlet structures, subsurface storage areas, and other elements of the drainage system, unless put into an easement to the Town of North Andover, in order to avoid blockages and siltation which might cause failure of the system and/or detrimental impacts to on-site or off-site resource areas, and shall maintain the integrity of vegetative cover on the site. DURING CONSTRUCTION 70. IMPORTANT: Immediately upon completion of the dwelling/unit foundations, and prior to further construction activities associated with the site, the applicant shall complete a plan prepared by a Registered Professional Land Surveyor of the Commonwealth (R.P.L.S.) which accurately depicts the foundation location of those units within the buffer zone and it's proximity to wetland resource areas as approved under this Order of Conditions. Said plan shall be submitted to the Conservation Administrator for review. 71. ON'EVERY MONDAY of each week,.or otherwise arranged by the NACC, in which active construction activities occur in the buffer zone or for as long thereafter as the ground remains unstable, the "Erosion Control Monitor" shall contact the NACC or agent thereof and submit a written report 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. Considering that the project proposes phased development and will therefore be under construction for a period of time, weekly monitoring may be limited for construction activities that are occurring within the buffer zone only. However, development and construction of portions of the drainage system are located outside of the buffer zone, but outlet to jurisdictional areas. Therefore, monthly inspections and reports are required throughout the duration of the project even if construction activities are not actively being conducted in jurisdictional resource areas. The Conservation Administrator has the authority to require additional monitoring reports if necessary. 72. Accepted engineering and Best Management Practices (BMPs) for construction standards shall be followed during construction of all work. C:\Winword\OOC\242-1398Edgewood.doc 13 NACC 2/15/2008 DEP FILE #242 -1398 73. Crushed stone construction entrances shall be designated at each access location as shown on the approved plans referenced herein to minimize soil/material tracking onto the roadways and paved surfaces. These entrances shall be reinforced as necessary throughout the duration of construction. 74. Construction sequencing shall be followed throughout all phases of construction in an appropriate and logical manner as to minimize site access, thereby minimizing any unnecessary impacts to the wetland resource areas. 75. The NACC finds that physical barriers are necessary in several locations to prevent future inadvertent encroachment into the wetland resource areas. Therefore,the installation of a split- rail fence shall be installed upgradient to and along the 25' No Disturbance Zone in "Area H" and in "Area G" and the installation of a wood guard rail shall be installed along the edge of a portion of the newly constructed "Driveway G upon completion of construction and as shown on the approved plans and details referenced herein. 76. Additional erosion controls consisting of trenched silt fence shall be placed between the wetland resource areas and the areas to be restored. Erosion controls shall be positioned outside of said restoration areas and shall be located to minimize disturbance to adjacent jurisdictional areas. Erosion controls required for the construction of the restoration areas in the vicinity of wetland series X,Y, G, & H shall be positioned and located at the direction of the NACC agent. 77.The designated wetland scientist/erosion control monitor shall be on site during buffer zone restoration activities. 78. All existing and proposed catch basins and oil traps on the site or on the streets adjacent to the � P ) project shall be protected by Silt Sacks to prevent sediment from entering the drainage system. Silt Sacks shall be maintained and regularly cleaned of sediments until all areas associated with the work permitted by this Order have beenpermanently stabilized and the NACC /or Conservation Department has formally approved their removal. 79. Erosion control devices shall be inspected regularly; any entrapped silt shall be removed to an area outside of the buffer zone and wetland resource areas; silt fence and hay bales shall be replaced as necessary. The areas of construction shall remain in stable condition at the close of each construction day. All erosion controls shall be in place throughout the duration of any construction on site or unless otherwise authorized by the Conservation Department. 80. Upon beginning gulrung work, the applicant shall submit written progress reports every week detailing what work has been done in or near resource areas, and what work is anticipated to be done over the next period. This will update the construction sequence. 81. All catch basins shall contain oil/gasoline traps, and it shall be a continuing condition of this order, even after a Certificate of Compliance is issued, that the oil/gasoline traps in the catch basins be maintained. All catch basins shall be free of all accumulated silt and debris before Compliance is issued and the owner or his/her agent shall so specify in the request for Compliance. C:\Winword\OOC\242-1398Edgewood.doc 14 NACC 2/15/2008 DEP FILE # 242 -1398 82. The sewer lines on the site, where they cross wetland resource areas, shall be tested for water tightness in accordance with North Andover DPW standards. 83. The Erosion Control Monitor shall be on site during and/or following a major storm event of 1 inch of rain or greater to ensure that soils remain stable, erosion controls are adequate and secure, and that all BMP's are adequately functioning. 84. Approved de-watering activities shall be supervised and witnessed by the designated erosion control monitor. This designee must be on-site at all times while dewatering is occurring De- watering activities shall be conducted as shown on the approved plans and shall be monitored daily by the erosion control monitor to ensure that sediment laden water is appropriately settled prior to discharge toward the wetland resource areas. No discharge of water is allowed directly into an area subject to jurisdiction of the Wetlands Protection Act 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. 85. Associated pavement and roadways.shall be swept at least bi-weekly (twice per month) or as directed by the Erosion Control monitor, the Site Supervisor, Project Manager,p � ger, or Conservation staff for as long as the site remains exposed and unstabilized 86. The entrance access road/drive to the Town owned Open Space area known as Half Mile Hill located off of "Driveway G" on the approved plans shall be constructed and maintained at a minimum width of 20 feet. Further, the current owner/applicant, Edgewood Retirement Community, Inc., and/or. any future owner acknowledges said access way and shall not impede/obstruct access to the Town owned Open Space in perpetuity. 87. The applicant has voluntarily agreed, by letter from its Attorney referenced herein, to improve the existing parking area and entranceway to Half Mile Hill at it own expense during construction activities. Improvements shall include, but may not be limited to, access improvements, paving of the existing parking area, and the installation of signage. The scope of work and project details shall be provided by the Conservation Commission prior to the commencement of said improvement activities. As such, the applicant shall notify the Conservation Commission at least seven (7) days in advance of anticipated activities of this work in order for the Conservation Commission to prepare and provide the applicant's contractor with the necessary documentation, and plans to conduct said work. In addition, the Town shall be responsible for obtaining all necessary permits and approvals prior to said work. 88. After land development construction is complete and the temporary use of the Wet Ponds as siltation controls are dismantled, the applicant must visually observe and document high groundwater conditions within the excavated ponds to determine if hydrology is adequate to support the proposed wetland vegetative communities. Plans shall be submitted for review depicting proposed pond elevations suitable for sustaining the proposed zoned wetland communities. C:\Winword\OOC\242-1398Edgewood.doc 15 NACC 2/15/2008 A DEP FILE # 242 -1398 89. 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. 90. 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. No exposed area shall remain unfinished for more than thirty (30) days, unless approved by the NACC. 91. 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. 92. Equipment shall not be staged overnight within 100-feet of a wetland resource area, excluding the construction of "Driveway G". The erosion control monitor shall closely monitor the construction of "Driveway G" and shall ensure that if equipment is stored overnight for said construction, it shall be stored in a location as far as practicable from any wetland resource area. 93. There shall be no.stockpiling of soil or other materials within twenty-five (25) feet of any resource area. Soils shall be stockpiled in those locations as depicted on the approved plan referenced herein or other suitable locations as determined by the NACC. Further, all soil stockpile areas shall be adequately protected and surrounded by appropriate erosion controls measures. 94. Washings from concrete trucks, or surplus concrete, shall not be directed to, any drainage system, or wetland resource area. 95. 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 SyLaw. 96. 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. C:\Winword\OOC\242-1398Edgewood.doc 16 NACC 2/15/2008 DEP FILE #242 -1398 AFTER CONSTRUCTION 97. 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. 98. 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. 99. No road salt sodium s d um chloride, or ether de-icing chemicals shall be used on paved surfaces in the buffer zone, and any arrangement for snow removal shall so stipulate due to the importance of the site and wetlands. The approved O & M plan stipulates snowplowing procedures for the site. In addition, the NACC finds that as stockpiling of snow is needed, permanent signs designating "No-Salt Zone" and "No-Snow Stockpiling Zones" shall be displayed in prominent locations as approved by the Conservation Department. 100. Prior to the issuance of a Certificate of Compliance, the applicant must submit proof of contract to the Conservation Department in the form of a written and signed document from the assignee(s) responsible for conducting the perpetual site maintenance in accordance with the Operation & Maintenance Plan and perpetual conditions mandated in this Order. In addition to this contract, the applicant shall submit an Affidavit from the assignee (s) acknowledging the Operation & Maintenance responsibilities of the stormwater management systems in accordance with the approved Operation & Maintenance Plan and other perpetual conditions mandated in this Order. 101. Upon completion of work, the applicant shall permanently mark the edge of the "25' No- Disturbance Zone" either on installed posts, existing trees, or along the approved split rail fence behind the units in "Area H" and behind the units in "Area G" with twenty-eight (28) signs or markers spaced evenly every 40 feet incorporating the following text: "Protected Wetland Resource Area" (available at the Conservation Department). In addition, eleven (11) of the same signs or markers shall be placed in the same manner along the 25' No Disturbance Zone starting from the end of the wood guard rail upgradient to wetland flag G5 ending at the 25' No Disturbance Zone upgradient to wetland flag J5. 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. 102. 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. C:\Winword\OOC\242-1398Edgewood.doc 17 NACC 2/15/2008. DEP FILE #242 -1398 103. Upon completion of construction and grading, all disturbed areas located outside resource areas shall be stabilized permanently against erosion. This shall be done either by loaming and seeding according to SCS standards. if the latter course is chosen, stabilization will be considered complete once vegetative cover has been achieved. 104. 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. 105. Upon completion of construction and final site stabilization, 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 individual unit 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 unit. 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 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 detailing any deviations that exist, and their potential effect on the project. A statement that the work is in "substantial compliance"with no detailing of the deviations shall not be accepted. i. An "As-Built" plan prepared and signed and stamped by a Registered Professional Civil Engineer and Registered Professional Land Surveyor of the Commonwealth. 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 2ny disturbance of soils or vegetation. ➢ Location of all subsurface utilities entering the property. C:\Winword\OOC\242-1398Edgewood.doc 18 NACC 2/15/2008 DEP FILE # 242 -1398 106. The following special conditions shall survive the issuance of a Certificate of Compliance (COC) for this project: ➢ 25' No-Disturbance Zone and a 50' No-Construction Zone shall be established from the edge of adjacent wetland resource areas except in those locations approved under this filing. Future work within 100' of existing wetland resource areas will require a separate filing with the NACC. The Conservation Administrator and/or other agents of the NACC do not have the authority to waive these setbacks as established under the local ByLaw (Condition#32); ➢ Prohibition of any activities on the surrounding protected Open Space properties unless otherwise allowed by the Trustees of Reservations or The Town of North Andover (Condition#28); ➢ Prohibition of impediment/obstruction of the access way to the adjacent Town Open Space property (Condition #86); ➢ Maintenance of all culverts, collections basins, traps, outlet structures, subsurface storage areas, and other elements of the drainage system, unless put into an easement to the Town of North Andover, in order to avoid blockages and siltation, which might cause failure of the system and/or detrimental impacts to on-site or off-site resource areas (Condition #69); ➢ All catch basins shall contain oil/gasoline traps and shall be maintained (Condition #81); ➢ Discharge or spillage of pollutants (Condition#96); ➢ Prohibition of underground fuels (Condition#97); ➢ Limitations on the use of fertilizers, herbicides, road salts, de-icing compounds and pesticides (Conditions #98 & #99); ➢ Prohibition of dumping of leaves, grass clippings, brush, or other debris (Condition #102); ➢ The approved "Stormwater Operations and Management Plan", including Best Management Practices. No additional filings will be required to conduct maintenance of the above referenced system and plan (Condition#61). C:\Winword\OOC\242-1398Edgewood.doc 19 NACC 2/15/2008 DEP FILE# 242 -1398 APPENDIX A —AFFIDAVIT I, on oath do hereby depose and state: (authorized agent of applicant and/ or owner) PLEASE CHECK AT LEAST ONE BLOCK 1) I am the of (position with applicant) (applicant's name) the applicant upon whom the Order of Conditions have been (DEP or NACC File#) placed upon by the North Andover Conservation Commission(NACC). and / or 2) I am the of (position with owner) (owner) the owner upon whose land Order of Conditions have been (DEP or NACC File#) . placed upon by the NACC. ♦ I hereby affirm and acknowledge that I have received said Order of Conditions and have read the same and understand each and every condition, which has been set forth in said Order of Conditions. ♦ I hereby affirm and acknowledge that on this day of 20 I inspected said property together with any and all improvements, which have been made to the same and hereby certify that each and every condition set forth in the Order of Conditions are presently in compliance. ♦ I hereby affirm and acknowledge that this document will be relied upon by the NACC, as well as any potential buyers of said property, which is subject to the Order of Conditions. Signed under the pain and penalties of perjury this day of 20 (Authorized agent of applicant or owner) C:\Winword\OOC\242-1398Edgewood.doc 20 NACC 2/15/2008 Mitigative Drainage Analysis "Edgewood Retirement Community" - North Andover, Mass. V) Operation and Maintenance Plan February 1, 2008 NOTE: This Operations and Maintenance Plan is to be applied to all structural best management practices on the properties owned and maintained by RECEIVED Edgewood Retirement Community, Inc. FSR 012008 J)t) I. Stormwater Management System Owners: NORTH ANDOVER CONSERVATION COMMISSION The owner of the facility; Edgewood Retirement Community, Inc, herein referred to as the FACILITY OWNER shall be the owner of the associated drainage structures and maintenance of said structures. II: Parties Responsible for Operation and Maintenance: The general contractor of the project shall be responsible for the operation and maintenance of the stormwater management systems during construction. Upon completion of the project, the facility owner shall be responsible for the operation and maintenance of the stormwater management system II1. Inspection and Maintenance: a). Erosion Control shall be inspected and maintained/reinforced on a daily basis during construction. b) All exposed soil finish surfaces shall be immediate) landscaped ped and stabilized; or loamed, seeded and mulched with a layer of mulch hay. Outside of the growing season, surfaces shall be covered with a layer of mulch hay until climate conditions allow for seeding. I C) Immediately upon installation of any catch basin or storm drain, erosion control devices shall be set and staked around the inlet to prevent sediment from entering the drainage system prior to paving. d) All stockpile areas are to be covered, and should have a double row of haybales staked at the base. e) During construction, all drainage structures shall be cleaned on an as needed basis and/or after heavy rainfalls. Prior to the placement of any impervious materials on site, all drainage structures shall be properly installed and functional. After construction, the inspection of catch basins, including the oil and grease traps; shall be performed on a four times per year basis. The basins are to be cleaned at least once per year (after spring street sweeping) to prevent blockage. If it is found at the time of cleaning that the depth of the accumulated sediment is greater than 50% of the depth of the sump, the maintenance schedule shall be adjusted to include more frequent cleanings. Disposal of the accumulated sediment and hydrocarbons must be in accordance with applicable local, state, and federal guidelines and regulations. Structural repairs will be performed as needed. Mitigative Drainage Analysis "Edgewood Retirement Community" -North Andover, Mass. f) During construction (after paving) street sweeping shall be performed on a monthly basis to remove sediment before it enters the catch basins and drainage swales. After construction, street sweeping shall be performed with a vacuum type machine on monthly basis during the spring, summer and fall seasons. g) StormTech Infiltration Chambers shall be inspected quarterly and maintained in accordance with the manufacturer's suggested maintenance schedule. h) StormCeptor particle separators shall be inspected quarterly and maintained in accordance with the manufacturer's suggested maintenance schedule. i) After construction, the detention areas and sediment forebay shall be inspected twice annually, in the spring and early fall, for the failure or erosion of side slope embankments, integrity of the outlet control structure and for accumulated sediment. Necessary sediment removal, earth repair, and/or reseeding will be performed immediately upon identification. Sediment shall be removed from the existing detention basin and sediment forebay on an annual basis. Disposal of the accumulated sediment must be in accordance with applicable local, state, and federal guidelines and regulations. The grass on the detention area berms and side slopes, as well as in the drainage channels shall be mowed to a height no less than 4-inches, and grass clippings, organic matter, and accumulated trash and debris removed, at least twice during the growing season. Sediment shall be removed from the detention area when the sediment accumulates to an average depth of three inches (50% of the basin sump). Removal procedures shall not take place until the floor of the basin is thoroughly dry. j) Upon completion of construction, the pocket wetlands should be cleaned of sediment that may have accumulated during the construction. The wetland shall be planted with New England Wetmix (or equivalent) seed mixture at a rate no less than 1lb./2,500-sf. The stormwater wetland should be dewatered at least three days prior to planting. k) Sediment should be removed from the deepwater micropools in the pocket wetlands annually, in late summer when there is little standing water in the wetland. 1) The large existing detention basin to the south of the access drive shall be cleared of sediment below the 12" orifice in the existing outlet control. structure. This should be done during a dry period when minimal water is standing in the existing basin, preferably in late summer. Upon removal of sediment the floor of the basin is to be stabilized with a wet meadow seed mixture applied at the same rate specified for the proposed constructed wetlands on the project. Mitigative Drainage Analysis "Edgewood Retirement Community" -North Andover, Mass. m) Snow should be plowed to the vegetated shoulders along all drives where it can melt over pervious surfaces. Snow shall NEVER be place in wetlands or storm water treatement areas. Ever effort should be made to limit the use of de-icing compounds on site. n) Grass clippings, yard waste, debris and compost material are not to be disposed of in resource areas and/or their buffer zones. Materials to be composted should be stored outside jurisdictional buffer zones and covered. Erosion control should be provided at the downgradient slope of all compost piles. IV. Erosion and Sedimentation Control Techniques: The erosion and sedimentation control measures to be employed on the project site will include the following: i • Silt Fence and Hay Bale Barriers • Catch Basin Inlet Protection • Crushed Stone Construction Entrance/Exit • Vegetative Slope Stabilization V. Construction Seauencina: At all areas, erosion control will be put in place before any construction activity occurs. The utilities and roadways for cottage areas will be done first, with the construction of the cottages to follow. The sequence of construction for the various components of the project is planned to be the following: 1. Area G&H (concurrently) 2. Expansion for Social Day Program and Bistro 3. Expansion for Cognitive Impaired Unit 4. Area A cottages Typical construction sequencing for each phase to be as follows: 1. Install erosion control in accordance with the plans; 2. Inspect erosion control placement with designated monitor ; 3. Clear trees (if necessary) within phase area; 4. Stump and grub tree clearing areas; 5. Install stabilized construction entrances; 6. Cut and grade soil stockpile areas; 7. Begin construction of site driveways and phase utilities; 8. Begin building Pad construction. Mitigative Drainage Analysis "Edgewood Retirement Community" - North Andover, Mass. Dewatering: Should dewatering be required for construction a temporary settling basin shall be excavated at the most upgradient point outside of the 50-foot buffer and/or outside the 100-foot buffer if feasible. The temporary settling basin shall be lined with 6-inches of inch stone. Groundwater shall be pumped uphill to the settling basin. The discharge from the basin shall be directed to a swale with crushed stone check dams every 15- feet. The swale shall taper to a level spreader to disperse flow. i LlMassachusetts Department of Environmental Protection Bureau of Resource Protection - Wetlands DEP File Number: WPA Form 5 - Order of Conditions 242-1398 Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 E. Issuance This Order is valid for three years, unless otherwise specified as a special condition pursuant to General Conditions#4, from the date of issuance. 1. Date of Issbance 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 f 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 if not filing electronically, and the property owner, if different from applicant. Signatures: Notary Acknowledgement Commonwealth of Massachusetts County of Essex North On this Day �f Month Year Before me, the undersigned Notary Public, JC01+ M"SS'- personally appeared Name of Document Signer proved to me through satisfactory evidence of identification, which was/were Massachusetts License Description of evidence of identification to be the person whose name is signed on the preceding or attached document, and acknowledged to me that he/she signed it voluntarily for its stated purpose. As member of North Andover Conservation Commission City/Town D=WEDGEECOMMOSETTSSi nature of Nota PublicfNr C2009 9 ry Printed Name of Notary Public Place notary seal and/or any stamp above e 7Aa002 My Comeissivfi Expires(Date) This Order is issued to the applicant as follows: [(by hand delivery on ❑ by certified mail, return receipt requested, on 5 O Date A / Date wpaform5.doc• rev.3/1/05 //_ w 1 rs. (/J� rt Page 7 of 9 Massachusetts Department of Environmental Protection Bureau of Resource Protection - Wetlands DEP File Number: WPA Form 5 - Order of Conditions 242-1398 L/ Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 F. Appeals The applicant, the owner, any person aggrieved by this Order, any owner of land abutting the land subject to this Order, or any ten residents of the city or town in which such land is located, are hereby notified of their right to request the appropriate DEP Regional Office to issue a Superseding Order of Conditions. The request must be made by certified mail or hand delivery to the Department, with the appropriate filing fee and a completed Request of Departmental Action Fee Transmittal Form, as provided in 310 CMR 10.03(7) within ten business days from the date of issuance of this Order. A copy of the request shall at the same time be sent by certified mail or hand delivery to the Conservation Commission and to the applicant, if he/she is not the appellant. Any appellants seeking to appeal the Department's Superseding Order associated with this appeal will be required to demonstrate prior participation in the review of this project. Previous participation in the permit proceeding means the submission of written information to the Conservation Commission prior to the close of the public hearing, requesting a Superseding Order or Determination, or providing written information to the Department prior to issuance of a Superseding Order or Determination. The request shall state clearly and concisely the objections to the Order which is being appealed and how the Order does not contribute to the protection of the interests identified in the Massachusetts Wetlands Protection Act, (M.G.L. c. 131, § 40) and is inconsistent with the wetlands regulations (310 CMR 10.00). To the extent that the Order is based on a municipal ordinance or bylaw, and not on the Massachusetts Wetlands Protection Act or regulations, the Department has no appellate jurisdiction. Section G, Recording Information is available on the following page. wpaform5.doc• rev.3/1/05 Page 8 of 9 Massachusetts Department of Environmental Protection Bureau of Resource Protection - Wetlands DEP File Number: WPA Form 5 - Order of Conditions 242-1398 Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 G. Recording Information This Order of Conditions must be recorded in the Registry of Deeds or the Land Court for the district in which the land is located, within the chain of, title of the affected property. In the case of recorded land, the Final Order shall also be noted in the Registry's Grantor Index under the name of the owner of the land subject to the Order. In the case of registered land, this Order shall also be noted on the Land Court Certificate of Title of the owner of the land subject to the Order of Conditions. The recording information on Page 7 of this form shall be submitted to the Conservation Commission listed below. North Andover Conservation Commission Detach on dotted line, have stamped by the Registry of Deeds and submit to the Conservation Commission. --------------------------------------------------------------------------------------------------------------------------- To: North Andover Conservation Commission Please be advised that the Order of Conditions for the Project at: 575 Osgood Street and 549 Osgood Street 242-1398 Project Location DEP File Number Has been recorded at the Registry of Deeds of: Essex North County Book Page i 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 Massachusetts Department of Environmental Protection Bureau of Resource Protection - Wetlands DEP File Number: WPA Form 4B — Order of Resource Area Delineation 242-1375 Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 Provided by DEP A. General Information Important: North Andover When filling out From. 1.Conservation Commission forms on the computer,use 2 This Issuance is for(check one): only the tab key to move your cursor-do not a. ® Order of Resource Area Delineation Only use the return key. b. ❑ Order of Resource Area Delineation Subject to Simplified Review res 1. ❑ Not Subject to Stormwater Policy 2. ❑ Subject to Stormwater Policy C. ❑ Amended Order of Resource Area Delineation Note: Before 3. To: Applicant: completing this form consult Marlene Rotering Edgewood Retirement Community, Inc. your local a. First Name b.Last Name c.Company Conservation Commission 575 Osgood Street regarding any d.Mailing Address municipal bylaw North Andover MA. 01845 or ordinance. e.Cit /Town Y f.State g.Zip Code 4. Property Owner(if different from applicant): a. First Name b.Last Name c.Company d.Mailing Address e.City/Town f.State g.Zip Code 5. Project Location: 575 &549 Osgood Street North Andover a.Street Address b.City/Town Map 36 Parcels 3& 17 c.Assessors Map/Plat Number d. Parcel/Lot Number Latitude and Longitude(note: electronic filers will click for GIS locator): e.Latitude f.Longitude 6. Dates: 1 A IA11 , Ia11'5/06 ala%Notice of Intent filed b.Date Pul5lic Mearing Closed c. Date of Issuince 7. Title and Date(or Revised Date if applicable)of Final Plans and Other Documents: Abbreviated Notice of Resource Area Delineation Plan 1 J11JD6 a.Title b. ate c.Title d. Date wpaform4b.doc-rev.06/13/05 Page 1 of 7 Massachusetts Department of Environmental Protection DEP File Number: ILI Bureau of Resource Protection - Wetlands WPA Form 4B — Order of Resource Area Delineation 242-1375 Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 Provided by DEP B. Order of Delineation 1. The Conservation Commission has determined the following (check whichever is applicable): a. ® Accurate: The boundaries described on the referenced plan(s)above and in the Abbreviated Notice of Resource Area Delineation are accurately drawn for the following resource area(s): 1. ® Bordering Vegetated Wetlands 2. ® Other Resource Area(s), specifically: b. ❑ Modified: The boundaries described on the plan(s) referenced above, as modified by the Conservation Commission from th eP lans contained in the Abbreviated Notice of Resource Area Delineation, are accurately drawn from the following resource area(s): i. ❑ Bordering Vegetated Wetlands 2. ❑ Other Resource Area(s), specifically: c. ❑ Inaccurate: The boundaries described on the referenced plan(s)and in the Abbreviated Notice of Resource Area Delineation were found to be inaccurate and cannot be confirmed for the following resource area(s): 1. ❑ Bordering Vegetated Wetlands 2. ❑ Other Resource Area(s), specifically: 3. The boundaries were determined to be inaccurate because: wpaform4b.doc-rev.06/13/05 Page 2 of 7 Order of Resource Area Delineation 575 &549 Osgood Street, Map 36 Lot 3 &17 Edgewood Retirement Community, Inc. DEP File # 242-1375 Facts &Findings: Jurisdictional wetland resource areas on the subject property include the following: ❖ Bordering Vegetated Wetlands (BVW) associated with intermittent stream/drainage channels; ❖ Bank associated with intermittent stream/drainage channels; ❖ An Isolated Vegetative Wetland (IVW)jurisdictional under the North Andover Wetlands Protection Bylaw (greater than 1,000 s.f.) and; ❖ Those associated 25-foot No-Disturbance Zone, 50-foot No-Construction Zone, and 100- foot Buffer Zone areas as shown on the approved plan referenced herein. The aforementioned jurisdictional resource areas on the site were thoroughly reviewed by the Conservation Administrator and Jennifer Vicich of Wetlands Preservation Inc. Plans were revised based upon field review and were submitted to the North Andover Conservation Commission (NACC) for review and approval. As such, the NACC formally approved the boundaries of the cited jurisdictional wetland resource areas at their meeting of December 13, 2006, accepting the final revised plan. It is important to note the following additional information however, which was discussed and understood by the applicant prior to this approval: i ❖ The off property wetland flags G10, G8, G7, H6 through H10, 1-4 through I-7, and J14 through J30 located on the Family Cooperative Preschool parcel (Map 36 Lot 1) were neither confirmed nor approved as part of this Order. j ❖ Additional jurisdictional resource areas may exist and are in fact known to exist off property on several adjacent parcels. ❖ The approved plan referenced herein may not incorporate all jurisdictional resource areas on the subject property, as said plan was not inclusive of the subject parcel in its entirety. The resource areas approved are limited to the limits of said approved plan. Therefore, additional resource areas not shown and approved under this Order within 100 feet of any future proposed project filing would be subject to review and approval by the NACC. Record Documents: ➢ Abbreviated Notice of Resource Area Delineation, dated November 2, 2006; ➢ Plan entitled "Abbreviated Notice of Resource Area Delineation Plan". Prepared by Chistiansen &Sergi, dated October 10, 2006, revised November 11, 2006. Stamped & signed by Philip G. Chistiansen, P.E. and Michael Sergi, P.L.S. y Y Massachusetts Department of Environmental Protection DEP File Number: Bureau of Resource Protection - Wetlands WPA Form 4B — Order of Resource Area Delineation 242-1375 Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 Provided by DEP C. Simplified Buffer Zone Review Work within the Buffer Zone pursuant to the Simplified Review(310 CMR 10.02) requires that you must comply with the following conditions. If your project does not meet these requirements, you are required to either file a Determination of Applicability or Notice of Intent or take other corrective measures as directed by the Conservation Commission. Simplified Review Conditions: Work conducted under Simplified Review requires the following: 1. No work of any kind shall occur within any wetland resource areas including Riverfront Area and Bordering Land Subject to Flooding. 2. The inner 0-to-50-foot wide area from the delineated wetland boundary that has a Buffer Zone shall not be disturbed by any work associated with this project, including placement of any stormwater management components. 3. No work shall occur in the Buffer Zone bordering an Outstanding Resource Water(e.g., certified vernal pool, public water supply reservoir or tributary), as defined in 314 CMR 4.00 or border coastal resource areas at 310 CMR 10.25-10.35. 4. No work shall occur in the Buffer Zone adjacent to wetland resources with estimated wildlife habitatwhich is identified on the most recent E i - ( s st mated Habitat Map of State listed Rare Wetlands Wildlife). 5. Erosion and Sedimentation controls shall be installed and maintained at the 50-foot Buffer Zone line or limit of work(whichever is a greater distance from the resource area)to protect resource areas during construction. 6. If the project is subject to the Massachusetts Stormwater Policy, all work shall be conducted in conformance with an approved Stormwater Management Plan. 7. The Buffer Zone does not contain a slope greater than an average of 15% at its steepest gradient across the 100-foot Buffer Zone. 8. The amount of new impervious surface, in combination with existing impervious surfaces, shall not exceed 40% of the Buffer Zone between 50 and 100 feet. 9. No work is allowed, and no additional NOI or RDA shall be filed, for any work within the 0-to-50- foot Buffer Zone during the three-year term of an Order associated with this application. 10. Prior to any work being undertaken pursuant to this Order, the wetland resource boundary shall be flagged; all boundary delineation flagging should be maintained for the term of the Order. 11. If stormwater management structures are proposed in the Buffer Zone, the stormwater management structures shall be maintained as required in the Stormwater Plan. Such maintenance constitutes an ongoing condition and is not subject to further permitting requirements. 12. If this ORAD involves work as part of a Simplified Review, the ORAD shall be recorded at the Registry of Deeds prior to the commencement of work per the requirements of Section F. 13. Prior to proceeding with any work under Simplified Review, applicants are required to provide written notice to the Commission one week prior to commencing any work. 14. If work authorized under Simplified Review is commenced, no work is allowed, and no additional NOI or RDA may be filed, for any work within the 0-to-50-foot buffer zone during the term of an ORAD associated with this application. If work authorized under Simplified Review is not commenced,then future NOls or RDAs may be filed for work within the 0-to-50-foot portion of the buffer zone. --End of Conditions— wpaform4b.doc•rev.06/13/05 Page 3 of 7 LlMassachusetts Department of Environmental Protection DEP File Number: Bureau of Resource Protection -Wetlands WPA Form 4B — Order of Resource Area Delineation 242-1375 Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 Provided by DEP C. Simplified Buffer Zone Review (cont.) Stormwater Applicability 1. ❑ The project is not subject to the Stormwater Policy. 2. ❑ The project is subject to the Stormwater Policy and the Stormwater Plan included for the project complies with all stormwater standards. Ineligibility Determinations Site Conditions: The applicant is not eligible for Simplified Buffer Zone review and must file a Request for Determination of Applicability or Notice of Intent prior to any work because: 3. ❑ Work is within the Buffer Zone of a Coastal Resource Area as defined at 310 CMR 10.25- 10.35. 4. ❑ The Buffer Zone contains existing slopes greater than an average of 15%. 5. ❑ Buffer Zone contains estimated rare wildlife habitat.' s. ❑ The site borders an Outstanding Resource Water.2 Stormwater 7. ❑ The project is subject to the Stormwater Policy and the applicant has not submitted sufficient information to demonstrate compliance with the Stormwater Management Policy. Prior to any work, the applicant must submit plans showing compliance with the standards in the Stormwater Policy, the location of the work, the amount of impervious surface, and the location of erosion controls, to the Commission for its concurrence. (See instructions to ANRAD Form 4A.)The following necessary stormwater information was not submitted by the applicant: a. s. ❑ The project is subject to the Stormwater Policy but the project does not comply with one or more of the stormwater standards (specify which standard(s) not met). a.Standard# b.Standard# s. ❑ Impervious surface exceeds 40% of the area of the Buffer Zone between 50 and 100 feet from the resource area. 1o. ❑ The applicant did not submit plans depicting adequate erosion and sedimentation controls located at the limit of work or at least 50 feet from any resource areas,whichever will be greater. 11. ❑ Work is proposed within 50 feet of a resource area. Notice to Commission Any applicant proposing to proceed under Simplified Buffer Zone Review, as specified in 310 CMR 10.02, must provide written notice to the Commission one week prior to any work. ' Identified on the most recent Estimated Habitat Map of State-listed Rare Wetlands Wildlife of the Natural Heritage and Endangered Species Program. 2 Certified Vemal Pools,public water supplies, or inland ACECs as identified in 314 CMR 4.00. wpaform4b.doc•rev.06/13/05 Page 4 of 7 ILIMassachusetts Department of Environmental Protection DEP File Number: Bureau of Resource Protection - Wetlands WPA Form 4B — Order of Resource Area Delineation 242-1375 Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 Provided by DEP D. Findings This Order of Resource Area Delineation determines that the Stormwater Plan, if applicable, and the boundaries of those resource areas noted above, have been delineated and approved by the Commission and are binding as to all decisions rendered pursuant to the Massachusetts Wetlands Protection Act (M.G.L. c.131, §40)and its regulations (310 CMR 10.00). This Order does not, however, determine the boundaries of any resource area or Buffer Zone to any resource area not specifically noted above, regardless of whether such boundaries are contained on the plans attached to this Order or to the Abbreviated Notice of Resource Area Delineation. 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. If the Abbreviated Notice of Resource Area Delineation was filed as Simplified Review for a Buffer Zone project, the applicant has certified that any work associated with the proposed project meets all eligibility requirements for Simplified Review listed in Section C of this Order. Any work that does not comply with the Simplified Review requirements will require a Notice of Intent or Request for Determination of Applicability. The applicant is responsible for promptly requesting a Certificate of Compliance following completion of any work allowed pursuant to a Simplified Review or no later than three years from the date of the Order of Resource Area Delineation unless the Order is extended. Failure to comply with the conditions of this Order is grounds for the Conservation Commission or the Department to take enforcement action. This Order must be signed by a majority of the Conservation Commission. The Order must be sent 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 DEP Regional Office. E. 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 Resource Area Delineation.When requested to issue a Superseding Order of Resource Area Delineation,the Department's review is limited to the objections to the resource area delineation(s)stated in the appeal request.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 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 bylaw or ordinance,and not on the Massachusetts Wetlands Protection Act or regulations,the Department of Environmental Protection has no appellate jurisdiction. wpaform4b.doc•rev.06/13/05 Page 5 of 7 Massachusetts Department of Environmental Protection DEP File Number: ILI Bureau of Resource Protection - Wetlands WPA Form 4B — Order of Resource Area Delineation 242-1375 Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 Provided by DEP F. Signatures and Notary Acknowledgement Pleaseindicate th numb of mbers who will sign this form* 1. Number of Signers Si natu ofFitton ommission Member Si re rvat' n Commission Member L AIA S' nat a of ommission Member Signa re Conservation Commission Member Signature of Conservation Commission Member Signature of Conservation Commission Member Signature of Conservation Commission Member This Order is valid for three years from the date of issuance. This Order is issued to the applicant and the property owner(if different) as follows: ❑ by hand delivery on [0/by certified mail, return receipt requested on aal >sla6 Date Date �— Notary Acknowledgement Commonwealth of Massachusetts County of Essex North 1 ,3+h �¢-�e.N►b er c100 6 On this Day Of Month Year Before me, the undersigned Notary Public, C16-ft MOL'<S- 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 Cityrrown DONNA K WEDGE 6� -x NOTAUBUC RY MASSA Si nature of Nota Public COMMOtiWEALTH OF MASSACHUSETTS 9 Notary My Comm.Expires Aug.7.2009 Printed Name of Notary Public Place notary seal and/or any stamp aboveP My Com issi Expires(Date) This Order is issued to the applicant as follows: wpaform4b.doc•rev.06/13/05 Page 6 of 7 ILIMassachusetts Department of Environmental Protection DEP File Number: Bureau of Resource Protection - Wetlands WPA Form 4B — Order of Resource Area Delineation 242-1375 Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 Provided by DEP G. Recording Information If this Order is issued for purposes of Resource Area Delineation only, this Order should NOT be recorded. If this Order of Resource Area Delineation is issued as part of a Simplified Review, this Order 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 f 9 o the owner of the land subject to the Order of Conditions. The recordinginformation on Page 6 of this form shall be 9 submitted to the Conservation Commission listed below. North Andover Conservation Commission Detach on dotted line, have stamped by the Registry of Deeds and submit to the Conservation Commission. --------------------------------------------------------------------------------------------------------------------------- To: North Andover Conservation Commission Please be advised that the Order of Conditions for the Project at: 242-1375 Project Location DEP File Number Has been recorded at the Registry of Deeds of: County Book Page for: Property Owner and has been noted in the chain of title of the affected property in: Book Page In accordance with the Order of Conditions issued on: Date If recorded land, the instrument number identifying this transaction is: Instrument Number If registered land, the document number identifying this transaction is: Document Number Signature of Applicant wpaform4b.doc•rev.06/13/05 Page 7 of 7 LlMassachusetts Department of Environmental Protection Bureau of Resource Protection -Wetlands DEP Regional Addresses Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 Mail transmittal forms and DEP payments,payable to: Commonwealth of Massachusetts Department of Environmental Protection Box 4062 Boston, MA 02211 DEP Western Region Adams Colrain Hampden Monroe Pittsfield Tyringham 436 Dwight Street Agawam Conway Hancock Montague Plainfield Wales Alford Cummington Hatfield Monterey Richmond Ware Suite 402 Amherst Dalton Hawley Montgomery Rowe Warwick Springfield,MA 01103 Ashfield Deerfield Heath Monson Russell Washington Phone:413-784-1100 Becket Easthampton Hinsdale Mount Washington Sandisfield Wendell Belchertown East Longmeadow Holland New Ashford Savoy Westfield Fax:413-784-1149 Bemardston Egremont Holyoke New Marlborough Sheffield Westhampton Blandford Erving Huntington New Salem Shelburne West Springfield Brimfield Florida Lanesborough North Adams Shutesbury West Stockbridge Buckland Gill Lee Northampton Southampton Whately Charlemont Goshen Lenox Northfield South Hadley Wilbraham Cheshire Granby Levereft Orange Southwick Williamsburg Chester Granville Leyden Otis Springfield Williamstown Chesterfield Great Barrington Longmeadow Palmer Stockbridge Windsor Chicopee Greenfield Ludlow Pelham Sunderland Worthington Clarksburg Hadley Middlefield Peru Tolland DEP Central Region Acton Charlton Hopkinton Millbury Rutland Uxbridge 627 Main Street Ashburnham Clinton Hubbardston Millville Shirley Warren Ashby Devens Hudson New Braintree Shrewsbury Webster Worcester,MA 01605 Athol Douglas Holliston Northborough Southborough Westborough Phone:508-792-7650 Auburn Dudley Lancaster Northbridge Southbridge West Boylston Fax:508 792-7621 Ayer Dunstable Leicester North Brookfield Spencer West Brookfield Barre East Brookfield Leominster Oakham Sterling Westford TDD:508-767-2788 Bellingham Fitchburg Littleton Oxford Stow Westminster Berlin Gardner Lunenburg Paxton Sturbridge Winchendon Blackstone Grafton Marlborough Pepperell Sutton Worcester Bolton Groton Maynard Petersham Templeton Boxborough Harvard Medway Phillipston Townsend Boylston Hardwick Mandan Princeton Tyngsborough Brookfield Holden Milford Royalston Upton Hopedale DEP Southeast Region Abington Dartmouth Freetown Mattapoiseft Provincelown Tisbury 20 Riverside Drive Acushnet Dennis Gosnold Middleborough Raynham Truro Aquinnah Dighton Halifax Nantucket Rehoboth Wareham Lakeville,MA 02347 Attleboro Duxbury Hanover New Bedford Rochester Wellfleet Phone:508-946-2700 Avon Eastham Hanson North Attleborough Rockland West Bridgewater Fax:508-947-6557 Barnstable East Bridgewater Harwich Norton Sandwich Westport Berkley Easton Kingston Norwell Scituate West Tisbury TDD: 508-946-2795 Bourne Ed artown g Lakeville Oak Bluffs Seekonk Whitman Brewster Fairhaven Mansfield Orleans Sharon Wrentham Bridgewater Fall River Marion Pembroke Somerset Yarmouth Brockton Falmouth Marshfield Plainville Stoughton CarverFoxborough Mashpee Plymouth Swansea Chatham Franklin Plympton Taunton Chilmark DEP Northeast Region Amesbury Chelmsford Hingham Merrimac Quincy Wakefield One Winter Street Andover Chelsea Holbrook Methuen Randolph Walpole Arlington Cohasset Hull Middleton Reading Waltham Boston,MA 02108 Ashland Concord Ipswich Millis Revere Watertown Phone:617-654-6500 Bedford Danvers Lawrence Milton Rockport Wayland Fax: 617-556-1049 Belmont Dedham Lexington Nahant Rowley Wellesley Beverly Dover Lincoln Natick Salem Wenham TDD:617-574-6868 Billerica Dracut Lowell Needham Salisbury West Newbury Boston Essex Lynn Newbury Saugus Weston Boxford Everett Lynnfield Newburyport Sherbom Westwood Braintree Framingham Malden Newton Somerville Weymouth Brookline Georgetown Manchester-By-The-Sea Norfolk Stoneham Wilmington Burlington Gloucester Marblehead North Andover Sudbury Winchester Cambridge Groveland Medfield North Reading Swampscott Winthrop Canton Hamilton Medford Norwood Tewksbury Woburn Carlisle Haverhill Melrose Peabody Topsfield Wpaform4b.doc•rev.11/22/00 Page tof 1 Massachusetts Department of Environmental Protection Bureau of Resource Protection - Wetlands / Request for Departmental Action Fee Transmittal Form Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 A. Request Information Important: When filling out 1. Person or party making request(if appropriate, name the citizen group's representative): forms on the computer, use Name only the tab key to move your cursor- Mailing Address do not use the return key. City/Town State Zip Code V=V Phone Number Fax Number(if applicable) Project Location Mailing Address City/Town State Zip Code 2. Applicant(as shown on Notice of Intent(Form 3), Abbreviated Notice of Resource Area Delineation (Form 4A); or Request for Determination of Applicability (Form 1)): Name Mailing Address City/Town State Zip Code Phone Number Fax Number(if applicable) 3. DEP File Number: B. Instructions 1. When the Departmental action request is for(check one): ❑ Superseding Order of Conditions ❑ Superseding Determination of Applicability ❑ Superseding Order of Resource Area Delineation Send this form and check or money order for$100.00(single family house projects)or$200(all other projects), payable to the Commonwealth of Massachusetts to: I Department of Environmental Protection Box 4062 Boston, MA 02211 Wpaform4b.doc•rev.10/04 Page 1 of 2 .,. 41 ILIMassachusetts Department of Environmental Protection Bureau of Resource Protection - Wetlands Request for Departmental Action Fee Transmittal Form Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 B. Instructions (cont.) 2. On a separate sheet attached to this form, state clearly and concisely the objections to the Determination or Order which is being appealed. To the extent that the Determination or Order is based on a municipal bylaw, and not on the Massachusetts Wetlands Protection Act or regulations, the Department has no appellate jurisdiction. 3. Send a copy of this form and a copy of the check or money order with the Request for a Superseding Determination or Order by certified mail or hand delivery to the appropriate DEP Regional Office. 4. A cop of the request shall at the same time be sent b certified mail or hand delivery to the Y q Y rY Conservation Commission and to the applicant, if he/she is not the appellant. Wpaform4b.doc•rev.10/04 Page 2 of 2