HomeMy WebLinkAboutMiscellaneous - 602 BOXFORD STREET 4/30/2018 (3) o�
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CONSERVATION DEPARTMENT
Community Development Division
NEGATIVE DETERMINATION OF APPLICABILITY'
SPECIAL CONDITIONS
602 Boxford Street Lot 1, North Andover
At the October 7,2015 public hearing, the North Andover Conservation Commission (NACC)voted to
issue a Negative Determination of Applicability for clearing and minor grading, loaming and seeding
within the 100-foot Buffer Zone to Bordering Vegetated Wetland (BVW) and Ephemeral Pool Habitat.
The proposed work is more than 50 feet from the edge of the BVW. All disturbed areas will be loamed
and seeded upon completion of the project.The project will conform to the following:
Applicant: S&L Homes LLC
10 Middlesex Avenue
Wilmington,MA 01887
Record Documents: Request for Determination of Applicability Form 1 and supporting
materials,received:August 27,2015
Request for Determination of Applicability for"602 Boxford Street Lot 1"
Plan prepared by: Christiansen& Sergi, Inc.
160 Summer Street
Haverhill,Massachusetts 01830
Dated:August 17,2015
SPECIAL CONDITIONS:
1. Prior to the start of construction the applicant shall ensure that the site contractor has reviewed the
Determination and is aware of the wetland resource area and the limits of the proposed work.
2. Prior to the start of construction,the contractor will install a minimum 12" filter sock(natural fiber, no
plastic netting) as shown on the herein referenced plan.
3. Once erosion controls are installed,the contractor will contact the Conservation Department to
schedule a preconsttuction meeting to inspect the installed erosion controls.
1600 Osgood Street,Suite 2035,North Andover,Massachusetts 01845
Phone 978.688.9530 Fax 978.688.9542
Web:http://www.townofnorthandover.com/Pages/NAndoverMA_Conservation/index
4. Accepted engineering and construction standards and procedures shall be followed in the completion
of the project.
5. All work shall comply with the requirements of the Natural Heritage and Endangered Species Program
as it relates to Priority Habitat located on the site.
6. Once construction is completed,all disturbed areas will be loamed and seeded.
7. Upon completion of the approved project and site stabilization (seeded areas are ready to be mowed),
please contact the Conservation Department for a final inspection. Once approved, erosion controls
can be removed.
1600 Osgood Street,Suite 2035,North Andover,Massachusetts 01845
Phone 978.688.9530 Fax 978.688.9542
Web:http://www.townof lorthandover.com/Pages/NAndoverMA_Conservation/index
ILIMassachusetts Department of Environmental Protection
Bureau of Resource Protection -Wetlands
WPA Form 2 — Determination of Applicability
Massachusetts Wetlands Protection Act M.G.L. c. 131, §40
A. General Information
Important:
When filling out From:
forms on the North Andover
computer, use Conservation Commission
only the tab
key to move To: Applicant Property Owner(if different from applicant):
your cursor-
do not use the S&L Homes LLC
return key. Name Name
10 Middlesex Ave
Mailing Address Mailing Address
Wilmington MA 01887
City/Town State Zip Code City/Town State Zip Code
R 1. Title and Date(or Revised Date if applicable)of Final Plans and Other Documents:
Request for Determination of Applicability for 602 Boxford Street Lott August 17, 2015
Title Date
Title Date
Title Date
2. Date Request Filed:
August 27, 2015
— --- ---- --B—Determi�a iota-------- -----_----- --- ---------- - --
Pursuant to the authority of M.G.L. c. 131, §40, the Conservation Commission considered your
Request for Determination of Applicability, with its supporting documentation, and made the following
Determination.
Project Description (if applicable):
Clearing, minor grading, loaming and seeding within the Buffer Zone to Bordering Vegetated Wetland
and Ephemeral Pool Habitat.
Project Location:
602 Boxford Street(Lot 1) North Andover
Street Address City/Town
Map 105C Parcel 82
Assessors Map/Plat Number Parcel/Lot Number
wpaform2.doc•Determination of Applicability•rev.12/14 Page 1 of 5
Massachusetts Department of Environmental Protection
Bureau of Resource Protection -Wetlands
WPA Form 2 — Determination of Applicability
Massachusetts Wetlands Protection Act M.G.L. c. 131, §40
B. Determination (cont.)
The following Determination(s)is/are applicable to the proposed site and/or project relative to the Wetlands
Protection Act and regulations:
Positive Determination
Note: No work within the jurisdiction of the Wetlands Protection Act may proceed until a final Order of
Conditions(issued following submittal of a Notice of Intent or Abbreviated Notice of Intent)or Order of
Resource Area Delineation(issued following submittal of Simplified Review ANRAD)has been received
from the issuing authority(i.e., Conservation Commission or the Department of Environmental Protection).
❑ 1. The area described on the referenced plan(s)is an area subject to protection under the Act.
Removing,filling,dredging, or altering of the area requires the filing of a Notice of Intent.
® 2a.The boundary delineations of the following resource areas described on the referenced plan(s)are
confirmed as accurate.Therefore,the resource area boundaries confirmed in this Determination are
binding as to all decisions rendered pursuant to the Wetlands Protection Act and its regulations regarding
such boundaries for as long as this Determination is valid.
❑ 2b.The boundaries of resource areas listed below are not confirmed by this Determination,
regardless of whether such boundaries are contained on the plans attached to this Determination or
to the Request for Determination.
❑ 3. The work described on referenced plan(s)and document(s) is within an area subject to
protection under the Act and will remove, fill, dredge, or alter that area. Therefore, said work
requires the filing of a Notice of Intent.
❑ 4. The work described on referenced plan(s)and document(s) is within the Buffer Zone and will
alter an Area subject to protection under the Act. Therefore, said work requires the filing of a
Notice of Intent or ANRAD Simplified Review (if work is limited to the Buffer Zone).
❑ 5. The area and/or work described on referenced plan(s) and document(s) is subject to review
and approval by:
Name of Municipality
Pursuant to the following municipal wetland ordinance or bylaw:
Name Ordinance or Bylaw Citation
wpaform2.doc-Determination of Applicability-rev.12/14 Page 2 of 5
ILIMassachusetts Department of Environmental Protection
Bureau of Resource Protection -Wetlands
WPA Form 2 — Determination of Applicability
Massachusetts Wetlands Protection Act M.G.L. c. 131, §40
B. Determination (cont.)
❑ 6. The following area and/or work, if any, is subject to a municipal ordinance or bylaw but not
subject to the Massachusetts Wetlands Protection Act:
❑ 7. If a Notice of Intent is filed for the work in the Riverfront Area described on referenced plan(s)
and document(s), which includes all or part of the work described in the Request, the applicant
must consider the following alternatives. (Refer to the wetland regulations at 10.58(4)c. for more
information about the scope of alternatives requirements):
❑ Alternatives limited to the lot on which the project is located.
❑ Alternatives limited to the lot on which the project is located, the subdivided lots, and any
adjacent lots formerly or presently owned by the same owner.
❑ Alternatives limited to the original parcel on which the project is located, the subdivided
parcels, any adjacent parcels, and any other land which can reasonably be obtained within
the municipality.
❑ Alternatives extend to any sites which can reasonably be obtained within the appropriate
region of the state.
Negative Determination
Note: No further action under the Wetlands Protection Act is required by the applicant. However, if the
Department is requested to issue a Superseding Determination of Applicability, work may not proceed
on this project unless the Department fails to act on such request within 35 days of the date the
--- — ---- - - -requestHs-post-marked-for-certified-hail-or-rand-delivered-to-t-he-Departrrvent--Work-may-then-proceed-----
at the owner's risk only upon notice to the Department and to the Conservation Commission.
Requirements for requests for Superseding Determinations are listed at the end of this document.
❑ 1. The area described in the Request is not an area subject to protection under the Act or the
Buffer Zone.
❑ 2. The work described in the Request is within an area subject to protection under the Act, but will
not remove, fill, dredge, or alter that area. Therefore, said work does not require the filing of a
Notice of Intent.
® 3. The work described in the Request is within the Buffer Zone, as defined in the regulations, but
will not alter an Area subject to protection under the Act. Therefore, said work does not require
the filing of a Notice of Intent, subject to the following conditions (if any).
See Attached
❑ 4. The work described in the Request is not within an Area subject to protection under the Act
(including the Buffer Zone). Therefore, said work does not require the filing of a Notice of Intent,
unless and until said work alters an Area subject to protection under the Act.
wpaform2.doc•Determination of Applicability•rev.12/14 Page 3 of 5
Massachusetts Department of Environmental Protection
Bureau of Resource Protection - Wetlands
WPA Form 2 — Determination of Applicability
Massachusetts Wetlands Protection Act M.G.L. c. 131, §40
B. Determination (cont.)
❑ 5. The area described in the Request is subject to protection under the Act. Since the work
described therein meets the requirements for the following exemption, as specified in the Act and
the regulations, no Notice of Intent is required:
Exempt Activity(site applicable statuatory/regulatory provisions)
® 6. The area and/or work described in the Request is not subject to review and approval by:
North Andover
Name of Municipality
Pursuant to a municipal wetlands ordinance or bylaw.
North Andover Conservation Commission Chapter 178
Name Ordinance or Bylaw Citation
C. Authorization
This Determination is issued to the applicant and delivered as follows:
❑ by hand delivery on ® by certified mail, return receipt requested on
Date Date
This Determination Is valid for three years from the date oTissuance(except-C`et
ermina ions or
Vegetation Management Plans which are valid for the duration of the Plan). This Determination does not
relieve the applicant from complying with all other applicable federal, state, or local statutes, ordinances,
bylaws, or regulations.
This Determination must be signed by a majority of the Conservation Commission. A copy must be sent to
the appropriate DEP Regional Office(see
httr)://www.mass.pov/eea/agencies/massder)/about/contacts/find-the-massdep-regional-office-for-your-
city-or-town.htmi)and the property owner(if different from the applicant).
Signat s:
Date
wpaform2.doc•Determination of Applicability•rev.12114 Page 4 of 5
ILIMassachusetts Department of Environmental Protection
Bureau of Resource Protection -Wetlands
WPA Form 2 — Determination of Applicability
Massachusetts Wetlands Protection Act M.G.L. c. 131, §40
D. Appeals
The applicant, owner, any person aggrieved by this Determination, any owner of land abutting the land
upon which the proposed work is to be done, or any ten residents of the city or town in which such land is
located, are hereby notified of their right to request the appropriate Department of Environmental
Protection Regional Office(see http://www.mass.gov/eea/agencies/massdep/about/contacts/find-the-
massdeo-regional-office-for-your-city-or-town.htmI to issue a Superseding Determination of Applicability.
The request must be made by certified mail or hand delivery to the Department, with the appropriate filing
fee and Fee Transmittal Form (see Request for Departmental Action Fee Transmittal Form) as provided in
310 CMR 10.03(7)within ten business days from the date of issuance of this Determination. A copy of the
request shall at the same time be sent by certified mail or hand delivery to the Conservation Commission
and to the applicant if he/she is not the appellant. The request shall state clearly and concisely the
objections to the Determination which is being appealed. To the extent that the Determination is based on
a municipal ordinance or bylaw and not on the Massachusetts Wetlands Protection Act or regulations, the
Department of Environmental Protection has no appellate jurisdiction.
wpaform2.doc•Determination of Applicability•rev.12/14 Page 5 of 5
Massachusetts Department of Environmental Protection
Bureau of Resource Protection -Wetlands DEP File Number:
Request for Departmental Action Fee
Provided by DEP
ILI Transmittal Form
Massachusetts Wetlands Protection Act M.G.L. c. 131, §40
A. Request Information
1.Location of Project
a.Street Address b.City/Town,Zip
c.Check number d.Fee amount
Important: 2 person or party making request(if appropriate, name the citizen group's representative):
When filling
out forms on
the computer, Name
use only the
tab key to Mailing Address
move your
cursor-do City/Town State Zip Code
not use the
return key. Phone Number Fax Number(if applicable)
3. Applicant(as shown on Determination of Applicability(Form 2), Order of Resource Area Delineation
(Form 4B), Order of Conditions(Form 5), Restoration Order of Conditions(Form 5A), or Notice of
Non-Significance (Form 6)):
r�
Name
Mailing Address
City/Town State Zip Code
Phone Number Fax Number(if applicable)
4. DEP File Number:
B. Instructions
1. When the Departmental action request is for(check one):
❑ Superseding Order of Conditions—Fee: $120.00(single family house projects)or$245(all other
projects)
❑ Superseding Determination of Applicability—Fee: $120
❑ Superseding Order of Resource Area Delineation—Fee: $120
Send this form and check or money order, payable to the Commonwealth of Massachusetts, to:
Department of Environmental Protection
Box 4062
Boston, MA 02211
wpaform2.doc•Request for Departmental Action Fee Transmittal Form•rev.12/15 Page 1 of 2
ILIMassachusetts Department of Environmental Protection
Bureau of Resource Protection -Wetlands DEP File Number:
Request for Departmental Action Fee
Transmittal Form Provided by DEP
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 http://www.mass.gov/eea/agencies/massdep/about/contacts/).
4. A copy of the request shall at the same time be sent by certified mail or hand delivery to the
Conservation Commission and to the applicant, if he/she is not the appellant.
wpaform2.doc•Request for Departmental Action Fee Transmittal Form•rev,12/15 Page 2 of 2
Massachusetts Department of Environmental Protection Provided by MassDEP:
r Bureau of Resource Protection-Wetlands MassDEP File#:242-1655
WPA Form 5- Order of Conditions eDEP Transaction#:767311
{` Massachusetts Wetlands Protection Act M.G.L.c. 131, §40 City/Town-.NORTH ANDOVER
A. General Information
1.Conservation Commission NORTH ANDOVER
2.Issuance a. r OOC b.r Amended OOC
3.Applicant Details
a.First Name ROBERT b.Last Name MESSINA
c.Organization MESSINA DEVELOPMENT CO.INC.
d.Mailing Address 277 WASHINGTON STREET
e.City/Town GROVELAND f State MA g.Zip Code 01834
4.Property Owner
a.First Name b.Last Name
c.Organization GORTON FAMILY TRUST
d.Mailing Address 602 BOXFORD STREET
e.City/Town NORTH ANDOVER £State MA g.Zip Code 01845
5.Project Location
a.Street Address BOXFORD STREET
b.City/Town NORTH ANDOVER c.Zip Code 01845
d.Assessors Map/Plat# 105C e.Parcel/Lot# 22
f Latitude 42.66793N g.Longitude 71.04636W
6.Property recorded at the Registry of Deed for:
a.County b.Certificate c.Book d.Page
NORTHERN ESSEX 5407 47
7.Dates
a.Date NOI Filed:7/13/2015 b.Date Public Hearing Closed: 8/26/2015 c.Date Of Issuance: 9/10/20 15
8.Final Approved Plans and Other Documents
a.Plan Title: b.Plan Prepared by: c.Plan Signed/Stamped by: d.Revised Final Date: e.Scale:
DEFINITIVE PRD
PLAN FOR CHRISTIANSEN& PTIILIP G.CHRISTIANSEN,
WELLINGTON SERGI,INC. P.E. August 10,2015 1"=40'
WOODS(SHEETS
4-14)
Page 1 of 10*ELECTRONIC COPY
Massachusetts Department of Environmental Protection Provided by MassDEP:
Bureau of Resource Protection-Wetlands MassDF,P File#:242-1655
Ll�v
eDEP Transaction#:767311WPA Form 5-Order of Conditions eDEP own:NORTHAND11Massachusetts Wetlands Protection Act M.G.L.c. 131,§40OVER
B. Findings
1.Findings pursuant to the Massachusetts Wetlands Protection Act
Following the review of the the above-referenced Notice of Intent and based on the information provided in this application and
presented at the public hearing,this Commission finds that the areas in which work is proposed is significant to the following interests of
the Wetlands Protection Act.
Check all that apply:
a. F Public Water Supply b. r Land Containing Shellfish c.F Prevention of Pollution
d. F Private Water Supply e. r Fisheries f. F Protection of Wildlife Habitat
g. F Ground Water Supply h. F Storm Damage Prevention i. F Flood Control
2.Commission hereby finds the project,as proposed,is:
Approved subject to:
a.F The following conditions which are necessary in accordance with the performance standards set forth in the wetlands regulations.
This Commission orders that all work shall be performed in accordance with the Notice of Intent referenced above,the following
General Conditions,and any other special conditions attached to this Order.To the extent that the following conditions modify or
differ from the plans,specifications,or other proposals submitted with the Notice of Intent,these conditions shall control.
Denied because:
b.r The proposed work cannot be conditioned to meet the performance standards set forth in the wetland regulations.Therefore,
work on this project may not go forward unless and until anew Notice of Intent is submitted which provides measures which are
adequate to protect interests of the Act,and a final Order of Conditions is issued.A description of the performance standards
which the proposed work cannot meet is attached to this Order.
c.r The information submitted by the applicant is not sufficient to describe the site,the work or the effect of the work on the interests
identified in the Wetlands Protection Act.Therefore,work on this project may not go forward unless and until a revised Notice of
Intent is submitted which provides sufficient information and includes measures which are adequate to protect the interests of the
Act,and a final Order of Conditions is issued.A description of the specific information which is lacking and why it is
necessary is attached to this Order as per 310 CMR 10.05(6)(c).
3.F Buffer Zone Impacts:Shortest distance between limit of project disturbance and the wetland resource 50
area specified in 310CMR10.02(1)(a). a.linear feet
Inland Resource Area Impacts:(For Approvals Only):
Resource Area Proposed Permitted Proposed Permitted
Alteration Alteration Replacement Replacement
4. r Bank
a linear feet b.linear feet c.linear feet d.linear feet
5.r Bordering Vegetated Wetland
a.square feet b.square feet c.square feet d.square feet
6. r Land under Waterbodies and Waterways
a square feet b.square feet c.square feet d.square feet
Page 2 of 10*ELECTRONIC COPY
Massachusetts Department of Environmental Protection Provided by MassDEP:
Bureau of Resource Protection-Wetlands MassDEP File 4:242-1655
WPA Form 5- Order of Conditions eDEP Transaction#:767311City/Town:NORTxANDovER
( Massachusetts Wetlands Protection Act M.G.L.c. 131, §40
e.c/y dredged f.c/y dredged
7.r Bordering Land Subject to Flooding
a.square feet b.square feet c.square feet d.square feet
Cubic Feet Flood Storage
e.cubic feet f.cubic feet g.cubic feet h.cubic feet
8.r-Isolated Land Subject to Flooding
a.square feet b.square feet
Cubic Feet Flood Storage
c.cubic feet d.cubic feet e.cubic feet f.cubic feet
9.C Riverfront Area
a.total sq.feet b.total sq.feet
Sq ft within 100 ft
c.square feet d.square feet e.square feet f.square feet
Sq ft between 100-200 ft
g.square feet h.square feet i.square feet j.square feet
Coastal Resource Area Impacts:
Resource Area Proposed Permitted Proposed Permitted
Alteration Alteration Replacement Replacement
10.r-Designated Port Areas Indicate size under Land Under the Ocean,below
11.1—Land Under the Ocean
a square feet b.square feet
c.c/y dredged d.c/y dredged
12.r Barrier Beaches Indicate size under Coastal Beaches and/or Coastal Dunes below
13.r Coastal Beaches
a square feet b.square feet c.c/y nourishment d.c/y nourishment
14.C Coastal Dunes
a square feet b.square feet c.c/y nourishment d.c/y nourishment
15.r-Coastal Banks
a.linear feet b.linear feet
16.r Rocky Intertidal Shores
a square feet b.square feet
17.r Salt Marshes
a.square feet b.square feet c.square feet d.square feet
18.r Land Under Salt Ponds
a square feet b.square feet
c.c/y dredged d.c/y dredged
Page 3 of 10*ELECTRONIC COPY
y ,
Massachusetts Department of Environmental Protection Provided byMassDEP:
Bureau of Resource Protection-Wetlands MassDEPFile#:242-1655
WPA Form 5-Order of Conditions eDEP Transaction#:767311
iM1
Massachusetts Wetlands Protection Act M.G.L.c. 131,§40 Cityfrown:NORTH ANDOVER
19.r Land Containing Shellfish
a.square feet b.square feet c.—square feet d.square feet
Indicate size under Coastal Banks,inland Bank,Land Under the
20.r—Fish Runs Ocean,and/or inland Land Under Waterbodies and Waterways,
above
c.c/y dredged d.c/y dredged
21.C Land Subject to Coastal Storm Flowage
a.square feet b.square feet
22.
F Restoration/Enhancement(For Approvals Only)
If the project is for the purpose of restoring or enhancing a wetland resource area in addition to the square footage that has been
entered in Section B.5.c&d or B.17.c&d above,please entered the additional amount here.
a_square feet of BV W b.square feet of Salt Marsh
23.
F Streams Crossing(s)
If the project involves Stream Crossings,please enter the number of new stream crossings/number of replacement stream crossings.
a.number of new stream crossings b.number of replacement stream crossings
C. General Conditions Under Massachusetts Wetlands Protection Act
The following conditions are only applicable to Approved projects
1. Failure to comply with all conditions stated herein,and with all related statutes and other regulatory measures,shall be deemed
cause to revoke or modify this Order.
2. The Order does not grant any property rights or any exclusive privileges;it does not authorize any injury to private property or
invasion of private rights.
3. This Order does not relieve the permittee or any other person of the necessity of complying with all other applicable federal,
state,or local statutes,ordinances,bylaws,or regulations.
4. The work authorized hereunder shall be completed within three years from the date of this Order unless either of the following
apply.
a.the work is a maintenance dredging project as provided for in the Act;or
b.the time for completion has been extended to a specified date more than three years,but less than five
years,from the date of issuance.If this Order is intended to be valid for more than three years,the
extension date and the special circumstances warranting the extended time period are set forth as a
special condition in this Order.
5. This Order may be extended by the issuing authority for one or more periods of up to three years each upon application to the
issuing authority at]east 30 days prior to the expiration date of the Order.
6. If this Order constitutes an Amended Order of Conditions,this Amended Order of Conditions does not exceed the issuance
date of the original Final Order of Conditions.
7. Any fill used in connection with this project shall be clean fill.Any fill shall contain no trash,refuse,rubbish,or debris,including
but not limited to lumber,bricks,plaster,wire,lath,paper,cardboard,pipe,tires,ashes,refrigerators,motor vehicles,or parts of
any of the foregoing.
8. This Order is not final until all administrative appeal periods from this Order have elapsed,or if such an appeal has been taken,
Page 4 of 10*ELECTRONIC COPY
Massachusetts Department of Environmental Protection Provided by MassDEP:
Bureau of Resource Protection-Wetlands MassDEP File#:242-1655
WPA Form 5-Order of Conditions eDEP Transaction#:767311
�k Massachusetts Wetlands Protection Act M.G.L.c. 131,§40 City/Ibwn:NORTH ANDOVER
until all proceedings before the Department have been completed.
9. No work shall be undertaken until the Order has become final and then has been recorded in the Registry of Deeds or the Land
Court for the district in which the land is located,within the chain of title of the affected property.In the case of recorded land,
the Final Order shall also be noted in the Registry's Grantor Index under the name of the owner of the land upon which the
proposed work is to be done.In the case of the registered land,the Final Order shall also be noted on the Land Court
Certificate of Title of the owner of the land upon which the proposed work is done.The recording information shall be submitted
to the Conservation Commission on the form at the end of this Order,which form must be stamped by the Registry of Deeds,
prior to the commencement of work..
10. A sign shall be displayed at the site not less then two square feet or more than three square feet in size bearing the words,
"Massachusetts Department of Environmental Protection"
[or'MassDEP"]
File Number:"242-1655"
11. Where the Department of Environmental Protection is requested to issue a Superseding Order,the Conservation Commission
. shall be a party to all agency proceedings and hearings before Mass DEP.
12. Upon completion of the work described herein,the applicant shall submit a Request for Certificate of Compliance(WPA Form
8A)to the Conservation Commission.
13. The work shall conform to the plans and special conditions referenced in this order.
14. Any change to the plans identified in Condition#13 above shall require the applicant to inquire of the Conservation Commission
in writing whether the change is significant enough to require the filing of a new Notice of Intent.
15. The Agent or members of the Conservation Commission and the Department of Environmental Protection shall have the right to
enter and inspect the area subject to this Order at reasonable hours to evaluate compliance with the conditions stated in this
Order,and may require the submittal of any data deemed necessary by the Conservation Commission or Department for that
evaluation.
16. This Order of Conditions shall apply to any successor in interest or successor in control of the property subject to this Order and
to any contractor or other person performing work conditioned by this Order.
17. Prior to the start of work,and if the project involves work adjacent to a Bordering Vegetated Wetland,the boundary of the
wetland in the vicinity of the proposed work area shall be marked by wooden stakes or flagging.Once in place,the wetland
boundary markers shall be maintained until a Certificate of Compliance has been issued by the Conservation Commission.
18. All sedimentation barriers shall be maintained in good repair until all disturbed areas have been fully stabilized with vegetation or
other means.At no time shall sediments be deposited in a wetland or water body.During construction,the applicant or his/her
designee shall inspect the erosion controls on a daily basis and shall remove accumulated sediments as needed.The applicant
shall immediately control any erosion problems that occur at the site and shall also immediately notify the Conservation
Commission,which reserves the right to require additional erosion and/or damage prevention controls it may deem necessary.
Sedimentation barriers shall serve as the limit of work unless another limit of work line has been approved by this Order.
NOTICE OF STORMWATER CONTROL AND MAINTENANCE REQUIREMENTS
19. The work associated with this Order(the"Project")is(1) r is not(2)F- subject to the Massachusetts Stormwater Standards.
If the work is subject to Stormwater Standards,then the project is subject to the following conditions;
a) All work,including site preparation,land disturbance,construction and redevelopment,shall be implemented in accordance
with the construction period pollution prevention and erosion and sedimentation control plan and,if applicable,the
Stormwater Pollution Prevention Plan required by the National Pollutant Discharge Elimination System Construction General
Permit as required by Stormwater Standard 8.Construction period erosion,sedimentation and pollution control measures and
best management practices(BMPs)shall remain in place until the site is fully stabilized.
b) No stormwater runoff may be discharged to the post-construction stormwater BMPs unless and until a Registered
Professional Engineer provides a Certification that:i.all construction period BMPs have been removed or will be removed by
a date certain specified in the Certification.For any construction period BMPs intended to be converted to post construction
operation for stormwater attenuation,recharge,and/or treatment,the conversion is allowed by the MassDEP Stormwater
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I
t
Massachusetts Department of Environmental Protection Provided by MassDEP:
.� Bureau of Resource Protection-Wetlands MassDEP File#:242-1655
WPA Form 5-Order of Conditions eDEP Transaction#:767311
Massachusetts Wetlands Protection Act M.G.L.c. 131,§40 City/Town-.NORTH ANDOVER
Handbook BMP specifications and that the BMP has been properly cleaned or prepared for post construction operation,
including removal of all construction period sediment trapped in inlet and outlet control structures;ii,,as-built final construction
BMP plans are included,signed and stamped by a Registered Professional Engineer,certifying the site is fully stabilized;iii.
any illicit discharges to the stormwater management system have been removed,as per the requirements of Stormwater
Standard 10;iv.all post-construction stormwater BMPs are installed in accordance with the plans(including all planting
plans)approved by the issuing authority,and have been inspected to ensure that they are not damaged and that they are in
proper working condition;v.any vegetation associated with post-construction BMPs is suitably established to withstand
erosion.
c) The landowner is responsible for BMP maintenance until the issuing authority is notified that another party has legally assumed
responsibility for BMP maintenance.Prior to requesting a Certificate of Compliance,or Partial Certificate of Compliance,the
responsible party(defined in General Condition 19(e))shall execute and submit to the issuing authority an Operation and
Maintenance Compliance Statement("O&M Statement")for the Stormwater BMPs identifying the party responsible for
implementing the stormwater BMP Operation and Maintenance Plan("O&M Plan")and certifying the following:i.)the O&M
Plan is complete and will be.implemented upon receipt of the Certificate of Compliance,and ii.)the future responsible parties
shall be notified in writing of their ongoing legal responsibility to operate and maintain the stormwater management BMPs and
implement the Stormwater Pollution Prevention Plan.
d) Post-construction pollution prevention and source control shall be implemented in accordance with the long-term pollution
prevention plan section of the approved Stormwater Report and;if applicable,the Stormwater Pollution Prevention Plan
required by the National Pollutant Discharge Elimination System Multi-Sector General Permit.
e) Unless and until another party accepts responsibility,the landowner,or owner of any drainage easement,assumes
responsibility for maintaining each BMP.To overcome this presumption,the landowner of the property must submit to the
issuing authority a legally binding agreement of record,acceptable to the issuing authority,evidencing that another entity has
accepted responsibility for maintaining the BMP,and that the proposed responsible party shall be treated as a pemlittee for
purposes of implementing the requirements of Conditions 19(f)through 19(k)with respect to that BMP.Any failure of the
proposed responsible party to implement the requirements of Conditions 19(f)through 19(k)with respect to that BMP shall
be a violation of the Order of Conditions or Certificate of Compliance.In the case of stormwater BMPs that are serving more
than one lot,the legally binding agreement shall also identify the lots that will be serviced by the stormwater BMPs.A plan and
easement deed that grants the responsible party access to perform the required operation and maintenance must be submitted
along with the legally binding agreement.
f) The responsible party shall operate and maintain all stormwater BMPs in accordance with the design plans,the 0&M Plan,
and the requirements of the Massachusetts Stonnwater Handbook.
g) The responsible party shall:
1.Maintain an operation and maintenance log for the last three(3)consecutive calendar years of inspections,repairs,
maintenance and/or replacement of the stormwater management system or any part thereof,and disposal(for disposal the
log shall indicate the type of material and the disposal location);
2.Make the maintenance log available to MassDEP and the Conservation Commission("Commission")upon request;and
3.Allow members and agents of the MassDEP and the Commission to enter and inspect the site to evaluate and ensure
that the responsible party is in compliance with the requirements for each BMP established in the 0&M Plan approved by
the issuing authority.
h) All sediment or other contaminants removed from stormwater BMPs shall be disposed of in accordance with all applicable
federal,state,and local laws and regulations.
i) Illicit discharges to the stormwater management system as defined in 310 CMR 10.04 are prohibited.
j) The stormwater management system approved in the Order of Conditions shall not be changed without the prior written
approval of the issuing authority.
k) Areas designated as qualifying pervious areas for the purpose of the Low Impact Site Design Credit(as defined in the
MassDEP Stormwater Handbook,Volume 3,Chapter 1,Low Impact Development Site Design Credits)shall not be altered
without the prior written approval of the issuing authority.
l) Access for maintenance,repair,and/or replacement of BMPs shall not be withheld.Any fencing constructed around
Page 6 of 10*ELECTRONIC COPY
LT7
Massachusetts Department of Environmental Protection Provided by MassDEP:
Bureau of Resource Protection-Wetlands MassDEP File#:242-1655
WPA Form 5-Order of Conditions eDEPTransaction#:767311
Massachusetts Wetlands Protection Act M.G.L.c. 131,§40 Cityfrown:NORTH ANDOVER
stormwater BMPs shall include access gates and shall be at least six inches above grade to allow for wildlife passagc.
Special Conditions:
SEE ATTACHED
Page 7 of 10*ELECTRONIC COPY
Massachusetts Department of Environmental Protection Provided by MassDEP:
Bureau of Resource Protection-Wetlands MassDEP File 4:242-1655
WPA Form 5-Order of Conditions eDEP Transaction 9:767311
Massachusetts Wetlands LIN�- Protection Act M.G.L.c. 131,§40 City1fown:NORTH ANDOVER
D. Findings Under Municipal Wetlands Bylaw or Ordinance
I- Is a municipal wetlands bylaw or ordinance applicable?r Yes f No
2. The Conservation Commission hereby check one that applies
a. F DENIES the proposed work which cannot be conditioned to
meet the standards set forth in a municipal ordinance or bylaw
specifically:
1.Municipal Ordinance or Bylaw 2.Citation
Therefore,work on this project may not go forward unless and until a revised Notice of Intent is submitted which provides
measures which are adequate to meet these standards,and a final Order or Conditions is issued.Which are necessary to
comply with a municipal ordinance or bylaw:
b.
F APPROVES the proposed work,subject to the following
additional conditions.
NORTH ANDOVER
1.Municipal Ordinance orB law WETLANDS 2.Citation CHAPTER 178
p y PROTECTION
BYLAW
3. The Commission orders that all work shall be performed in accordance with the following conditions and with the Notice of
Intent referenced above.To the extent that the following conditions modify or differ from the plans,specifications,or other
proposals submitted with the Notice of Intent,the conditions shall control.
The special conditions relating to municipal ordinance or bylaw are as follows:
SEE ATTACHED
Page 8 of 10*ELECTRONIC COPY
Massachusetts Department of Environmental Protection Provided by MassDEP:
Bureau of Resource Protection-Wetlands MassDEP File#:242-1655
Lj�� '
WPA Form 5- Order of Conditions eDEP Transaction#:767311
Massachusetts Wetlands Protection Act M.G.L.c. 131,§40
City/Town-.NORTH ANDOVER
E. Signatures /I /�
This Order is valid for three years from the date of issuance,unless otherwise specified l �t✓ /
pursuant to General Condition#4.If this is an Amended Order of Conditions,the Amended 1.Date of Original Order
Order expires on the same date as the original Order of Conditions. (/(7
Please indicate the number of members who will sign this form.This Order must be signed by 2 Number of Signers
a majority of the Conservation Commission.
The Order must be mailed by certified mail(return receipt requested)or hand delivered to the applicant.A copy also must be mailed
or hand delivered at the same time to the appropriate Department of Environmental Protection Regional Office,if not filing
electronically,and the property owner,if different from applicant.
Signatures:
by and d very on r y certified mail,return receipt requested,on
qbd/ jJ-
Date Date
F. Appeals
The applicant,the owner,any person aggrieved by this Order,any owner of land abutting the land subject to this Order,or any ten
residents of the city or town in which such land is located,are hereby notified of their right to request the appropriate MassDEP
Regional Office to issue a Superseding Order of Conditions.The request must be made by certified mail or hand delivery to the
Department,with the appropriate filing fee and a completed Request for Departmental Action Fee Transmittal Form,as provided in
310 CMR 10.03(7)within ten business days from the date of issuance of this Order.A copy of the request shall at the same time be
sent by certified mail or hand delivery to the Conservation Commission and to the applicant,if he/she is not the appellant.
Any appellants seeking to appeal the Department's Superseding Order associated with this appeal will be required to demonstrate prior
participation in the review of this project.Previous participation in the permit proceeding means the submission of written information to
the Conservation Commission prior to the close of the public hearing,requesting a Superseding Order,or providing written information
to the Department prior to issuance of a Superseding Order.
The request shall state clearly and concisely the objections to the Order which is being appealed and how the Order does not
contribute to the protection of the interests identified in the Massachusetts Wetlands Protection Act(M.G.L.c. 131,§40),and is
inconsistent with the wetlands regulations(3 10 CMR 10.00).To the extent that the Order is based on a municipal ordinance or bylaw,
and not on the Massachusetts Wetlands Protection Act or regulations,the Department has no appellate jurisdiction.
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Massachusetts Department of Environmental Protection Provided by MassDEP:
Bureau of Resource Protection-Wetlands MassDEP File#:242-1655
Lit, WPA Form 5-Order of Conditions eDEP Transaction#:767311
City/Town:NORTHRNDOVER
Massachusetts Wetlands Protection Act M.G.L.c.]31,§40
G. Recording Information
This Order of Conditions must be recorded in the Registry of Deeds or the Land Court for the district in which the land is located,
within the chain of title of the affected property.In the case of recorded land,the Final Order shall also be noted in the Registry's
Grantor Index under the name of the owner of the land subject to the Order.In the case of registered land,this Order shall also be
noted on the Land Court Certificate of Title of the owner of the land subject to the Order of Conditions.The recording information on
this page shall be submitted to the Conservation Commission listed below.
NORTH ANDOVER
Conservation Commission
Detach on dotted line,have stamped by the Registry of Deeds and submit to the Conservation Commission.
.................................................................................................................. ...................................................................................
To:
NORTH ANDOVER
Conservation Commission
Please be advised that the Order of Conditions for the Project at:
BOXFORD STREET 242-1655
Project Location MassDEP File Number
Has been recorded at the Registry of Deeds of:
County Book Page
for.
Property Owner
and has been noted in the chain of title of the affected property in:
Book Page
In accordance with the Order of Conditions issued on:
Date
If recorded land,the instrument number identifying this transaction is:
Instrument Number
If registered land,the document number identifying this transaction is:
Document Number
Signature of Applicant Rev.4n2010
Page 10 of 10*ELECTRONIC COPY
DEP FILE #242-1655
Therefore, the North Andover Conservation Commission(hereafter the"NACU) hereby
finds that the following conditions are necessary, in accordance with the Performance
Standards set forth in the State Regulations,the local ByLaw and Regulations,to protect
those interests noted above. The NACC orders that all work shall be performed in
accordance with said conditions and with the Notice of Intent referenced below. To the
extent that the following conditions modify or differ from the plans,specifications or other
proposals submitted with the Notice of Intent, the conditions shall control.
GENERAL CONDITIONS
20. The proposed work includes: construction of a roadway entrance off of Boxford Street
with approximately 3,900 s.f. of work within the 100-foot Buffer Zone to Bordering
Vegetated Wetland (BVW) and Ephemeral Pool/Ephemeral Pool Habitat. Associated
stormwater management, site work and grading is also proposed. Six single family
homes are proposed outside of Conservation Commission jurisdiction.
21. The work shall conform to the following(except as noted in the remainder of this
document where revisions may be required):
Applicant: Robert Messina
Messina Development Co. Inc.
277 Washington Street
Groveland, MA 01834
Property Owner: Gorton Family Trust
602 Boxford Street
North Andover, MA 01845
Representative: Philip Christiansen
Christiansen&Sergi, Inc.
160 Summer Street
Haverhill, MA 01830
Record Site Plans prepared
by: Christiansen&Sergi,Inc.
Titled: Definitive PRD Plan for Wellington Woods
in North Andover, Mass.
Dated: June 12,2015
Revised: 8/10/15
Sheets 4-14
Signed and Stamped by Philip G. Christiansen,P.E.
Record Documents: WPA Form 3 - Notice of Intent
Submitted July 10,2015
242-1655,Boxford Street-Wellington Woods OOC Spec Cond1 NACC 9/10/2015
DEP FILE#242-1655
Stormwater Management Report
For the PRD Definitive Subdivision Plan for
"Wellington Way"
Prepared by Christiansen&Sergi, Inc.
Date:June 26,2015
Revised August 10,2015
Letter from Thomas W. French,Ph.D.
Division of Fisheries&Wildlife
NHESP Tracking No.: 14-33638
Date: August 11,2015
Stormwater Review: Letter from Lisa D. Eggleston,P.E.
RE: Stormwater Review,602 Boxford St,Wellington
Woods Subdivision
Date:July 29,2015
Letter from Philip G. Christiansen,P.E.
Re: Wellington Woods Stormwater Review
Date: August 9,2015
Emails from Lisa D. Eggleston,P.E.
Re: Wellington Woods
Dates: August 11 &12,2015
22. The term"Applicant" as used in this Order of Conditions shall refer to the owner, any
successor in interest or successor in control of the property referenced in the Notice of
Intent,supporting documents and this Order of Conditions. The NACC shall be
notified in writing within 30 days of all transfers of title of any portion of property that
takes place prior to the issuance of a Certificate of Compliance.
23. The conditions of this decision shall apply to, and be binding upon, the applicant,
owner,its employees and all successors and assigns in interest or control. These
obligations shall be expressed in covenants in all deeds to succeeding owners of
portions of the property.
24. Failure to comply with all conditions stated herein,and with all related statutes and
other regulatory measures,shall be deemed cause to revoke or modify this Order.
25. This Order does not grant any property rights or any exclusive privileges;it does not
authorize any injury to private property or invasion of property rights. However, the
NACC,agent of the NACC or the Department of Environmental Protection(DEP)
reserves the right to enter and inspect the property at all reasonable times until a
Certificate of Compliance is issued, to evaluate compliance with this Order of
Conditions, the Act(310 CMR 10.00),the North Andover Wetland ByLaw and
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DEP FILE#242-1655
Regulations, and may require any information,measurements, photographs,
observations,and/or materials, or may require the submittal of any data or
information deemed necessary by the NACC for that evaluation. Further,work shall
be halted on the site if the NACC,agent or DEP determines that any of the work is not
in compliance with this Order of Conditions. Work shall not resume until the NACC
is satisfied that the work will comply and has so notified the applicant in writing.
26. This Order does not relieve the permittee or any other person of the necessity of
complying with all other applicable federal,state or local statutes, ordinances, by-laws
j or regulations.
27. The work authorized hereunder shall be completed within three years from the date of
this order.
28. This Order may be extended by the issuing authority for one but not more than two
periods of up to one year each upon application to the issuing authority at least thirty
days (30) prior to the expiration date of the Order (Refer to Section 8.3 of the North
Andover Wetland Regulations).
29. The NACC reserves the right to amend this Order of Conditions after a legally
advertised public hearing if plans or circumstances are changed or if new conditions
or information so warrant.
30. Where the Department of Environmental Protection(DEP) is requested to make a
determination and to issue a Superseding Order,the Conservation Commission shall
be a party to all agency proceedings and hearings before the Department.
31. Any future project which proposes a wetland crossing in order to access certain
portions of the property will not be qualified as a limited project roadway under 310
CMR 10.53(e).
32. The following wetland resource areas are affected by the proposed work: Buffer Zone
to Bordering Vegetated Wetland (BVW) and Ephemeral Pool/Ephemeral Pool Habitat.
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 this resource area to the identified interests.
33. The delineation of the wetland resource areas was approved under an Order of
Resource Area Delineation (ORAD), DEP File #242-1640.
34. The NACC finds that the intensive use of the upland areas and buffer zone proposed
on this site will cause further alteration of the wetland resource areas. In order to
prevent any alteration of wetland resource areas a fifty foot(50') No-Disturbance Zone
and a seventy-five foot (75') No-Construction Zone shall be established from the edge
of the adjacent BVW containing Ephemeral Pools/Ephemeral Pool Habitat(twenty
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DEP FILE#242-1655
five feet(25')/fifty feet(50') from the edge of Bordering Vegetated Wetland on the
south side of Boxford Street). The Conservation Administrator and/or other agents of
the NACC do not have the authority to waive these setbacks as established under the
local bylaw. No disturbance of existing grade,soils or vegetation is permitted in the
No-Disturbance zone. (See Section 3.4 &Appendix F of the local Regulations).
35. This document shall be included in all construction contracts, subcontracts,and
specifications dealing with the work proposed and shall supersede any conflicting
contract requirements. The applicant shall assure that all contractors,subcontractors,
and other personnel performing the permitting work are fully aware of the permits
terms and conditions. Thereafter, the contractor will be held jointly liable for any
violation of this Order resulting from failure to comply with its conditions.
36.The owners of the project and their successors in title agree that the Order does not in
itself impose upon the Town any responsibility to maintain the proposed drainage
system and that said Town shall not be liable for any damage in the event of failure.
By acceptance of this Order,the owners agree to indemnify and hold harmless to the
Town and its residents for any damage attributable to alterations undertaken on this
property pursuant to the Order. Issuance of these Conditions does not in any way
imply or certify that the site or downstream areas will not be subject to flooding, storm
damage or any other form of water damage.
"PRIOR CONSTRUCTION mi
37. No work shall be undertaken until all administrative appeal periods from this Order
have elapsed or,if such an appeal has been filed,until all proceedings before the
Department or Court have been completed.
38. This Order shall be recorded by the applicant at the Registry of Deeds immediately
after the expiration of all appeal periods. No work shall be undertaken until the Final
Order has been recorded in the Registry of Deeds or the Land Court for the district in
which the land is located,within the chain of title of the affected property. In the case
of recorded land,the Final Order shall also be noted in the Registry's Grantor Index
under the name of the owner of the land upon which the proposed work is to be done.
In the case of registered land,the Final Order shall also be noted on the Land Court
Certificate of Title of the owner of the land upon which the proposed work is to be
done.The recording information shall be submitted to the North Andover
Conservation Commission on the form at the end of this Order prior to
commencement of the work. Any Order not recorded by the applicant before work
commences may be recorded by the NACC at the applicant's expense.
39. A sign shall be displayed at the site not less than two square feet or more than three
square feet in size bearing the words "Massachusetts DEP, File Number 242-1655."
242-1655,Boxford Street-Wellington Woods OOC Spec Cond4 NACC 9/10/2015
DEP FILE#242-1655
40. Any other changes in the submitted plans caused by the applicant,another Board's
decision or resulting from this Order of Conditions must be submitted to the NACC
for approval prior to implementation. If the NACC finds said changes to be
significant,the NACC will call for another public hearing(at the expense of the
applicant). Within 21 days of the close of said public hearing the NACC will issue an
amended or new Order of Conditions. Any errors found in the plans or information
submitted by the applicant shall be considered as changes. No work shall begin on a
project until written approval has been granted by the NACC.
41. It is the responsibility of the applicant,owner,and/or successor(s) to ensure that all
conditions of this Order of Conditions are complied with. The project engineer and
contractors are to be provided with a copy of this Order of Conditions and referenced
documents before commencement of construction.
42. Prior to any work commencing on-site, the applicant shall submit to the NACC for
approval, a dated and detailed sequence of construction,including the installation of
erosion controls, site clearing, grading and construction through final paving and
stabilization.
43. Wetland flagging shall be checked prior to start of construction and shall be re-
established where missing. All wetland flagging shall remain visible and enumerated
per the approved plan(s) throughout the life of the project and until a Certificate of
Compliance is issued so that erosion control measures can be properly placed and
wetland impacts can be monitored. The proposed limit of work shall be shall be
clearly marked with erosion controls or temporary fencing and shall be confirmed by
the NACC. Such barriers shall be checked and replaced as necessary and shall be
maintained until all construction is complete. Workers should be informed that no use
of machinery,storage of machinery or materials, stockpiling of soil, or construction
activity is to occur beyond this line at any time.
44. Staked hay bales or silt sock backed by trenched siltation fence approved by the
Conservation Department shall be placed between all construction areas and resource
areas as shown on the herein referenced plan. The erosion control barrier will be
properly installed and placed as shown on the plans approved and referenced herein
and shall be inspected and approved by the NACC or its agent prior to the start of
construction and shall remain intact until all disturbed areas have been permanently
stabilized to prevent erosion. All erosion prevention and sedimentation protection
measures found necessary during construction shall be implemented at the direction
of the NACC or its agent. The NACC reserves the right to impose additional
conditions on portions of this project to mitigate any impacts which could result from
site erosion, or any noticeable degradation of surface water quality discharging from
the site. For example,installation of erosion control measures may be required in
areas not shown on the plan(s) referenced in this Order of Conditions. Should such
installation be required by the NACC,they shall be installed within 48 hours of the
Commission's request.
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DEP FILE#242-1655
45.The applicant shall have on hand at the start of any soil disturbance,removal or
stockpiling,a minimum of twenty (20)hay bales or the equivalent amount of silt sock
(1 bale=3 feet of sock) and sufficient stakes for staking these bales or sock. Said bales
shall be used only for the control of emergency erosion problems and shall not be used
for the normal control of erosion.
46. A check payable to the Town of North Andover shall be provided in the amount of
$5,500 which shall be in all respects satisfactory to Town Counsel,Town Treasurer,
and the NACC,and shall be posted with the North Andover Town Treasurer through
the NACC before commencement of work. Said deposit of money shall be
conditioned on the completion of all conditions hereof,shall be signed by a party or
parties satisfactory to the NACC,and Town Counsel,and shall be released after
completion of the project,provided that provisions,satisfactory to the NACC, have
been made for performance of any conditions which are of continuing nature. The
applicant may propose a monetary release schedule keyed to completion of specific
portions of the project for the NACC's review and approval. This condition is issued
under the authority of the local ByLaw.
47. The applicant shall designate a Wetland Scientist(or other environmental professional
as approved by the NACC or its agent) as an"Erosion Control Monitor' to oversee
any emergency placement of controls and regular inspection or replacement of
sedimentation control devices. The name and phone number of the erosion control
monitor must be provided to the NACC in the event that this person has to be
contacted,due to an emergency at the site, during any 24-hour period, including
weekends. Proof of the retained monitor must be submitted to the Conservation
Department on letterhead by the retained consulting firm. This person shall be given
the authority to stop construction for erosion control purposes.The Environmental
Professional will immediately notify the Conservation agent of any matter that
requires attention by the Commission or the agent. The erosion control monitor will
be required to inspect all such devices and oversee cleaning and the proper disposal of
waste products. Cleaning shall include removal of any entrapped silt.
48. At least once during each week in which construction activities occurs on-site and for
as long thereafter as ground remains unstabilized,the applicant shall submit a written
report with photos from the"Erosion Control Monitor" to the NACC certifying that,
to the best of his/her knowledge and belief based on a careful site inspection,all work
is being performed in compliance with this Order of Conditions and that approved
setbacks are being adhered to. The erosion control monitor must visually inspect all
sedimentation/erosion control measures and assume responsibility for their
maintenance on a weekly basis and that they are functioning as intended. In addition,
all wetland resource areas must be visually inspected for siltation,turbidity,and/or
other water quality impacts. The Erosion Control Monitor shall be on site during
and/or following a major storm event of 1/2" inch of rain or greater (24 hour event)to
ensure that soils remain stable,and erosion controls are adequate and secure.
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49. Prior to construction the applicant shall mark the "50' No-Disturbance Zone' on all
delineated wetlands abutting the development with signs or markers spaced evenly
every 40 feet incorporating the following text: "Protected Wetland Resource Area'
and the associated rules (1 square for every 3 round markers). Markers may be
mounted to existing vegetation. These markers will designate the sensitivity of the
resource area and assure no further inadvertent encroachment into the wetland. These
permanent markers are subject to review and approval by the NACC. The applicant
shall instruct all agents to explain these markers to buyers/lessees/landscapers and all
persons taking over the property from the applicant. These markers shall remain
posted and be replaced as necessary in perpetuity. Markers are available from the
Conservation Department($2 round and$3 square).
50. Prior to construction or when seasonally appropriate and prior to requesting a
Certificate of Compliance,all Ephemeral Pools on site shall be evaluated for
certification as Vernal Pools under the criteria established by the Natural Heritage and
Endangered Species Program. Those found to meet the criteria shall be certified with
NHESP.
51. The applicant and/or the legal owner of that portion of land upon which these Orders
of Conditions have been placed shall provide to the NACC prior to transferring, or
assigning any portion of said land to another party, subject to said Orders of
Conditions,the"Compliance Certification Form Affidavit" attached via"Appendix
A" signed under the pains and penalties of perjury, stating that said applicant and/or
owner has read these Orders of Conditions and is in compliance with each and every
condition. This document shall apply to each of the conditions referenced herein and
shall be provided to the Conservation Department at least five (5)business days prior
to the closing of said land transaction.
52. Once these above mentioned pre-construction requirements are complete,the
applicant shall contact the Conservation Office prior to site preparation or
construction and shall arrange an on-site conference with an NACC representative,the
contractor, the erosion control monitor, and the applicant to ensure that all of the
Conditions of this Order are understood. This Order shall be included in all
construction contracts,subcontracts, and specifications dealing with the work
proposed and shall supersede any conflicting contract requirements. The applicant
shall assure that all contractors, subcontractors and other personnel performing the
permitted work are fully aware of the permit's terms and conditions. Thereafter, the
contractor will be held jointly liable for any violation of this Order of Conditions
resulting from failure to comply with its conditions. The applicant or contractor shall
notify the NACC in writing of the identity of the on-site construction supervisor hired
to coordinate construction and to ensure compliance with this Order. A reasonable
period of time shall be provided as notice of the pre-construction meeting(e.g. 72
hours).
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STORMWATER MANAGEMENT CONDITIONS
53. All construction and post-construction stormwater management shall be conducted in
accordance with supporting documents submitted with the Notice of Intent,the
Department of Environmental Protection Stormwater Management Standards,and as
approved by the NACC in this Order of Conditions.
54.The NACC will be provided the opportunity to review the Stormwater Pollution
Prevention Plan(SWPPP) prior to filing the NOI and the start of work. An electronic
copy of the approved SWPPP will be provided to the Conservation Department.
55. All stormwater best management practices shall be maintained as specified in the
Operations and Maintenance Plan(O&M Plan)submitted with the Notice of Intent
and incorporated in the Order of Conditions. Evidence of maintenance of the
stormwater management system shall be provided to the NACC on an annual basis by
a Registered Professional Civil Engineer. The first report shall be submitted to the
NACC one year after the first stormwater structure goes on-line and annual reports
must continue to be submitted until a COC is obtained. Following the issuance of a
COC,Stormwater Best Management Practice Maintenance (see Table 1 Best
Management Practice Maintenance in the Post Construction Phase O&M Plan) and/or
proof of annual maintenance activities for all stormwater structures and activities shall
be maintained for a prior 5 year period and shall be available upon request for review
by the NACC or its agent in perpetuity.
56. Prior to issuance of a Certificate of Compliance, the Applicant shall provide for the
long-term maintenance of the proposed stormwater infrastructure. Evidence of a long-
term maintenance agreement must be provided to the Conservation Department
either in the form of a Homeowner's Association Agreement,or other formal
documentation,such that the funding,access, and preventative maintenance of the
proposed stormwater infrastructure is assured for the entire subdivision(including
stormwater structures on individual lots within the subdivision) in perpetuity.
57. Temporary and/or permanent basins and swales being used for sedimentation and
dewatering during construction shall be cleaned of sediment when levels exceed six
(6) inches. The basins shall be cleaned of sediment prior to final grading and
construction of permanent stormwater structures.
58.There shall be no increase in the post development discharges from the storm drainage
system or any other changes in post development conditions that alter the post
development watershed boundaries as currently depicted in the Notice of Intent and
approved by this Order of Conditions,unless specifically approved in writing by the
Commission.
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59. Water quality in down gradient BVW's shall not differ significantly following
completion of the project from the pre-development conditions. There shall be no
sedimentation into wetlands or water bodies from discharge pipes or surface runoff
leaving the site.
60. The applicants,homeowners,and their successors and assignees, shall maintain all
drainage structures, including bioretention areas,rain gardens, infiltration basins,
grassed swales,drainage channels 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.
SUBDIVISION LOT DEVELOPMENT
61. The NACC shall be notified in writing of any lot line or number changes with a copy
of a plan showing these changes prior to any work on these lots. If any clearing,
grading or other activity is proposed within jurisdiction of the NACC on any lot,a
new filing with the NACC will be required.
DURING CONSTRUCTION
62. Upon beginning work,the applicant shall submit written progress reports every
month detailing what work has been done in or near resource areas, and what work is
anticipated to be done over the next period. This will update the construction
sequence.
63. Dewatering activities are not anticipated or approved. 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(including the Buffer Zone). If emergency
de-watering requirements arise,the applicant shall submit a contingency plan to the
Commission for approval,which provides for the pumped water to be contained in a
settling basin, to reduce turbidity prior to discharge into a resource area.
64. A crushed stone construction entrance will be established as detailed on Sheet 12 of 14
of the herein referenced plans. This entrance shall be refreshed as needed until
pavement is established.
65. Once catch basins are installed,they shall be protected with silt sacks until all areas of
the development are permanently stabilized.
66. Any fill used in connection with this project shall be clean fill,containing no trash,
refuse,rubbish or debris,including but not limited to lumber,bricks,plaster,wire,
242-1655,Boxford Street-Wellington Woods OOC Spec Cond9 NACC 9/10/2015
DEP FILE#242-1655
lath,paper,cardboard,pipe,tires, ashes,refrigerators,motor vehicles or parts on any
of the foregoing.
67. All exposed soil finish grade surfaces shall be immediately landscaped and stabilized,
or loamed,seeded and mulched,with a layer of mulch hay. All disturbed areas must
be graded,loamed and seeded prior to November 1St of each year. Outside of the
growing season, exposed soil finish grade surfaces shall be stabilized with a layer of
mulch hay or other stabilization method(as directed by the Conservation Department)
until climate conditions allow for seeding. During construction, any area of exposed
soils that will be left idle for more than 30 days shall be stabilized with a layer of
mulch hay or other means as directed by the NACC.
68. No re-grading in the buffer zone shall have a slope steeper than 2:1 (horizontal:
vertical). Slopes of steeper grade shall be rip-rapped to provide permanent
stabilization.
69. There shall be no stockpiling of soil or other materials within 100-feet of any resource
area. All stockpiled materials shall be stored in the area shown on the herein
referenced plan.
70. Washings from concrete trucks, or surplus concrete, shall not be directed to,any
drainage system,or wetland resource area. If truck washing is necessary an area shall
be designated and approved by the Conservation Department.
71. All waste generated by,or associated with,the construction activity shall be contained
within the limit of work, and away from any wetland resource area. There shall be no
burying of spent construction materials or disposal of waste on the site by any other
means. The applicant shall maintain dumpsters (or other suitable means)at the site
for the storage and removal of such spent construction materials off-site. However,no
trash dumpsters will be allowed within 50' of areas subject to protection under the Act
or local ByLaw.
72. Accepted engineering and construction standards and procedures shall be followed in
the completion of the project.
73. During and after work on this project,there shall be no discharge or spillage of fuel, or
other pollutants into any wetland resource area. If there is a spill or discharge of any
pollutant during any phase of construction the NACC shall be notified by the
applicant within one(1) business day. No construction vehicles are to be stored within
100 feet of wetland resource areas, and no vehicle refueling,equipment lubrication, or
maintenance is to be done within 100 feet of a resource area.
"AFTERCONSTRUCTION J
242-1655,Boxford Street-Wellington Woods OOC Spec Cond10 NACC 9/10/2015
DEP FILE#242-1655
74. No underground storage of fuel oils shall be allowed on any lot within one-hundred
(100)feet of any wetland resource area. This condition shall survive this Order of
Conditions and shall run with the title of the property. This condition is issued under
the authority of the Town's Wetland protection ByLaw.
75. Fertilizers utilized for landscaping and lawn care shall be slow release,low-nitrogen(<
5%), and phosphorous free and shall not be used within 50 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 survive the issuance of a Certificate of Compliance.
76. There shall be no dumping of leaves, grass clippings,brush, or other debris into a
wetland resource area or beyond the limits of clearing. This condition shall survive
the issuance of a Certificate of Compliance.
77. Upon completion of construction and grading, all disturbed areas located outside
resource areas shall be stabilized permanently against erosion. This shall be done by
loaming and seeding according to NRCS standards. Stabilization will be considered
complete once full vegetative cover has been achieved.
78. Upon approved site stabilization by Conservation staff,the erosion controls shall be
removed and properly disposed of and all exposed unvegetated areas shall be seeded.
79. Upon completion of the project the applicant shall submit the following to the
Conservation Commission as part of a request for a Certificate of Compliance:
a. WPA Form 8A- "Request for a Certificate of Compliance."
b. A letter from the applicant requesting a Certificate of Compliance.
c. The name and address of the current landowner.
d. Signed statements from the individual property owners shall be submitted with
the request for a Certificate of Compliance indicating that they read and
understood the recorded Order of Conditions prior to purchasing their property.
e. The name and address of the individual/trust or corporation to whom the
compliance is to be granted.
f. The street address and assessor's map/parcel number for the project.
g. The DEP file number.
h. A written statement from a Registered Professional Civil Engineer (and/or
Registered Professional Land Surveyor) of the Commonwealth certifying that the
work has been conducted as shown on the plan(s) and documents referenced
above, and as conditioned by the Commission.
i. An"As-Built" plan prepared and signed and stamped by a Registered Professional
Civil Engineer (P.E.) (and/or Registered Professional Land Surveyor) of the
Commonwealth, for the public record. This plan will include:
242-1655,Boxford Street-Wellington Woods OOC Spec Condl l NACC 9/10/2015
DEP FILE#242-1655
➢ "As-Built" post-development elevations of all drainage&stormwater
management structures constructed within 100 feet of any wetland resource
area. NOTE: If portions of the stormwater systems exist partially within the
Buffer Zone then the entire structure must be depicted to accurately verify
compliance.
➢ "As-Built" post-development elevations and grades of all filled or altered
wetland resource areas including the encompassing buffer zone which is
regulated as a resource area under the local Wetland Protection Bylaw.
➢ Distances from structures to wetland resource areas. Structures include (but
are not limited to) septic systems,additions,fences,sheds,stone walls,
pools,retaining walls,subsurface utilities and decks.
➢ A line showing the limit of work and the extent of existing erosion control
devices. "Work" includes aU disturbance of soils or vegetation.
➢ Location of all subsurface utilities entering the property.
80. The following special conditions shall survive the issuance of a Certificate of
Compliance (COC)for this project:
➢ A 50' No-Disturbance Zone and a 75' No-Build Zone shall be established
from the edge of adjacent wetland resource areas (BVW including
Ephemeral Pools and Ephemeral Pool Habitat) and a 25' No-Disturbance
Zone and a 50' No-Build Zone from the edge of BVW on the south side of
Boxford Street as approved under DEP File #242-1655. Future work within
100' of existing wetland resource areas will require a separate filing with the
NACC (See Section 3.4 of the Regulations for performance standards within
these zones).The Conservation Administrator and/or other agents of the
NACC do not have the authority to waive these setbacks as established
under the local ByLaw;
➢ Resource Area Markers (Condition#49)
➢ Stormwater Management System Maintenance (Condition#55);
➢ Discharge or spillage of pollutants (Condition#73);
➢ Prohibition of underground fuels (Condition#74);
➢ Limitations on the use of fertilizers,herbicides, and pesticides (Conditions
#75);
242-1655,Boxford Street-Wellington Woods OOC Spec Cond12 NACC 9/10/2015
DEP FILE#242-1655
➢ Prohibition of dumping of leaves, grass clippings, brush, or other debris
(Condition#76);
➢ The attached "Stormwater O&M Plan', including Best Management Practice
Maintenance. No additional filings will be required to conduct maintenance
of the above referenced system as detailed in the report.
242-1655,Boxford Street-Wellington Woods OOC Spec Cond13 NACC 9/10/2015
DEP FILE#242-1655
APPENDIX A-AFFIDAVIT
I, on oath do hereby depose and state:
(authorized agent applicant and/or current owner)
(PLEASE CHECK AT LEAST ONE BLOCK)
1. I am the of
(position with applicant) (applicant name or company name)
the applicant upon whom Order of Conditions
have been placed upon by (DEP or NACC number)
the North Andover Conservation Commission.
&/or
2. 1 am the of
(position with owner) (owner name)
the owner upon whose land Order of Conditions
have been placed up by (DEP or NACC number)
the North Andover Conservation Commission.
&
3. I hereby affirm and acknowledge that I have received said Order of Conditions
and have read the same and understand each
(DEP File#) and every condition which has been set forth
in said Order of Conditions.
&
4. 1 hereby affirm and acknowledge that on this day of 19
I inspected said property together with any and all improvements which have
been made to the same and hereby certify that each and every condition set
forth in Order of Conditions are presently in compliance.
(DEP File#)
&
5. I hereby affirm and acknowledge that this document will be relied upon by the
North Andover Conservation Commission as well as any potential buyers of
said property which is subject to said Order of Conditions
(DEP File#)
Signed under the pains and penalties of perjury this day of 19 .
(Signature-authorized agent of applicant or owner)
242-1655,Boxford Street-Wellington Woods OOC Spec Cond14 NACC 9/10/2015
Wellington Woods
Wellington Way,North Andover Mass.
Pollution Prevention and
Operations and Maintenance Plan-Post Construction Phase
Date: June 26,2015,Rev 8/10/15
OWNERSHIP AND RESPONSIBILITY
1.1 Stormwater Management System Owners:
The owners of the land(Messina Development, and any successors) on which the
stormwater management systems are located shall be the owners of the systems.
If and when the Town of North Andover accepts the roadway,utilities, and open
space parcel, the town shall own the stormwater management system components
that lie within the roadway right-of-way and drainage easements.
1.2 Parties Responsible for Operation and Maintenance:
If and when the Town of North Andover accepts the roadway and utilities,the
town or a Home Owners Association will be responsible for the operation and
maintenance of the stormwater management system components that lie within
the roadway right-of-way and drainage easements
STORMWATER MANAGEMENT CONTROLS
The purpose of this section is to identify the types of best management practices (BMPs)
1.3 Permanent Erosion Control Practices
A list of best management practices(BMPs)is included as Table 1; a number of
the BMPs listed have been developed to serve as post-construction storm water
controls. Refer to Attached Figure for locations of BMP's to be maintained
Table 1
BEST MANAGEMENT PRACTICE MAINTENANCE
BEST DRAINAGE TYPE/ MAINTENANCE
MANAGEMENT AREAS RESPONSIB
PRACTICE -ILITY
- - Drains roadway-3P
Detention/ &6P Permanent/ Inspect two times per year.Mow if required.In late fall and
Infiltration Pond i Drains cul-de sac HOA spring.Remove leaves and sediment
1P
Infiltration Basin LOT 3 Permanent/ Inspect two times per year.Mow if required. In late fall and
Hone Owner spring.Remove leaves and sediment
Catch Basin with Roadway Permanent/
SNOUT TNA
Inspect monthly first year and as indicated in section 3.1.2
I I
1
Wellington Woods
Wellington Way,North Andover bass.
Pollution Prevention and
Operations and Maintenance Plan-Post Construction Phase
Date:June 26,2015,Rev 8110115
Grass basin
Pond 7 Lot 4 i Lots 4 and 7 Permanent/ Maintained as Lawn i
i
Pond 8 Lot 5 J Home Owner
Grass Treatment Along roadway Permanent Inspect two times per year.In late fall and spring.Remove
swales 1 HOA leaves and sediment
I
Sedimentation All Permanent Inspect after every major storm in the first few months
Forebay HOA after construction to ensure proper stabilization,and
function. Thereafter,inspect annually. Perform repairs as
necessary.
2.0 CERTIFICATION OF COMPLIANCE WITH FEDERAL,STATE AND
LOCAL REGULATIONS
This Operation and Maintenance Plan reflects the storm water management requirements
of the Town of North Andover and the Commonwealth of Massachusetts,as well as the
requirements of the US EPA's National Pollutant Discharge Elimination System
(NPDES)permit. There are no other applicable State or Federal requirements for
sediment and erosion site plans(or permits)or storm water management site plans(or
permits).
3.0 INSPECTION AND MAINTENANCE OF STORMWATER
MANAGEMENT CONTROLS:
3.1 Post-Construction:
The following maintenance schedule for stormwater controls shall be established
in accordance with Table 1 of this plan.
3.1.1 Grass Treatment Swales and forebays
-Remove sediment from treatment swales twice per year.
-After construction,the treatment swales shall be inspected
annually,in the spring,for the failure or erosion of sideslope
embankments, and for accumulated sediment.Necessary sediment
removal, earth repair, and/or reseeding will be performed
immediately upon identification. Disposal of the accumulated
sediment must be in accordance with applicable local, state,and
federal guidelines and regulations.
-The grass on the swale sideslopes should be mowed,and grass
clippings, organic matter, and accumulated trash and debris
removed, at least twice yearly during the growing season.
2
Wellington Woods
Wellington Way,North Andover Mass.
Pollution Prevention and
Operations and Maintenance Plan-Post Construction Phase
Date: June 26,2015,Rev 8/10/15
3.1.2 Catch basins with SNOUT
Maintenance Recommendations:
- Monthly monitoring for the first year of a new installation after the
site has been stabilized.
- Measurements should be taken after each rain event of.5 inches or
more, or monthly, as determined by local weather conditions.
- Checking sediment depth and noting the surface pollutants in the
structure will be helpful in planning maintenance.
- The pollutants collected in SNOUT equipped structures will consist
of floatable debris and oils on the surface of the captured water, and
grit and sediment on the bottom of the structure.
- It is best to schedule maintenance based on the solids collected in
the sump.
- Optimally,the structure should be cleaned when the sump is half fall
(e.g. when 2 feet of material collects in a 4 foot sump, clean it out).
- Structures should also be cleaned if a spill or other incident
causes a larger than normal accumulation of pollutants in a
structure.
- Maintenance is best done with a vacuum track.
- All collected wastes must be handled and disposed of according to
local environmental requirements.
- To maintain the SNOUT hoods themselves, an annual inspection of
the anti-siphon vent and access hatch are recommended. A simple
flushing of the vent, or a gentle rodding with a flexible wire are all
that's typically needed to maintain the anti-siphon properties.
Opening and closing the access hatch once a year ensures a lifetime
of trouble-free service.
3.1.3 Detention/Infiltration Area
-Remove sediment twice per year.
-After construction,the Infiltration/Detention Area shall be
inspected annually, in the spring,for the failure or erosion of
sideslope embankments, and for accumulated sediment.Necessary
sediment removal, earth repair, and/or reseeding will be performed
immediately upon identification. Disposal of the accumulated
sediment must be in accordance with applicable local, state,and
federal guidelines and regulations.
3.1 A Snow Removal and Storage
Snow will be plowed from roadway onto shoulder and the swales
Snow from the driveways shall be plowedinto swales and onto the
lots. All snow from impervious surfaces shall be plowed to
adjacent vegetated pervious surfaces to melt and recharge into the
3
Wellington Woods
Wellington Way,North Andover Mass.
Pollution Prevention and
Operations and Maintenance Plan-Post Construction Phase
Date: June 26,2015,Rev 8/10/15
ground or run off into the stormwater system for treatment. If
snow piles on site become too large to accommodate additional
plowed snow they should be removed from the site; snow shall
never be plowed onto adjacent properties or into adjacent resource
areas.
3.1.5 De-Icing and Sanding
De-icing compounds shall be used sparingly and only in
areas required for the safety of the public. Sanding of the
driveways and walks should also be kept to a minimum; if
sanding is required the best management practices listed in
this plan should be inspected immediately after the winter
and,if needed, accumulated sediment from sanding shall be
removed.
3.2 Estimated Operations and Maintenance Budget
Any opinions of probable project cost or probable construction cost provided by
Christiansen& Sergi, Inc. are made on the basis of information available to
Christiansen& Sergi, Inc and on the basis of Christiansen& Sergi, Inc's
experience and qualifications, and represents its judgment as an experienced and
qualified professional engineer. However, since Christiansen&Sergi, Inc has no
control over the cost of labor,materials, equipment or services furnished by
others, or over the contractor(s')methods of determining prices,or over
competitive bidding or market conditions, Christiansen&Sergi, Inc does not
guarantee that proposals,bids or actual project or construction cost will not vary
from opinions of probable cost Christiansen&Sergi, Inc prepares.
3.2.1 Grass Treatment Swales and forebays (2 time/yr.)
3.2.1.1 Excavator—6hrs @ $100/hr
3.2.1.2 Disposal- $500
Subtotal- $2200/year
3.2.2 Catch Basins
3.2.2.1 Engineer 4 hr @$150/hr. (1 time/yr.)
Subtotal- $600
3.2.3 Grass basins on Home owner lots—no cost
3.2.4 Detention/Infiltration Areas (2 times per year) 1P,3P,and 6P
3.2.4.1 Excavator—6hrs @$100/hr
3.2.4.2 Disposal-$500
Subtotal- $2200/year
Total Annual Estimated Operating Budget: $5,000/year
4
Wellington Woods
Wellington Way,North Andover Mass.
Pollution Prevention and
Operations and Maintenance Plan-Post Construction Phase
Date:June 26,2015,Rev 8/10/15
4.0 ILLICIT DISCHARGES
Recording of this Instrument constitutes agreement by the Owner and Operator of
the facility that no stormwater discharges other than those outlined on this plan
are allowed for this site.
5
PO'ttD 7P LOT 4
\
AR 3.044 S.F. \
\ 100:
\ pa
P ND 8P ,
00,
LOT 3
AREA=55,078 S.F. \
SEDIM TFOREBAY``�\\\\ LOT 5
`LIMIT OF 100'
BUFFER ZONE
° POND
LOT 6
AREA=21,7805.F.
OND 4P
\ \
f � % v LOT
CHECK DAM AREA=45,619 .F.
SEDIMENT FOREBAY \
ROOF
\ RUNOFF
LEADER(TYP SWALE
CHECK DAM
SEDIM FORE
LOT 2
AREA=24,9435.F. \,.' EDIM TFOREB
p° CHECK DAM
LOT 1 ;
Q7.--fOiRF�4=2n,9A3 S.F. Cdr .:.. .f••;ri., /
700• SEDIMENTFOREBAY '
.ya J CB
CBS
_2= ROOF
/ RUNOFF
/ LEADER(TVP)
` 1 C86
8'NAL
'4
4
SEDIMENT FORo AY :i
SEDIMENT FOREBAY
v T_ .3.79 CHECK DAM
CB4
B3 CB2
'•� ';� SWALE
POND 3P
STORMWATER BMPS _ =i OPEN SPACE
AT ° s`:
POND 6P PARCELA�
WELLINGTON WOODS ��. ; .�: AREA 8.167 S.F.
IN
- �
NORTH ANDOVER, MASS.
PREPARED FOR:
MESSINADEVELOPMENT `�
.�'Qa;i?• g.
DATE:JUNE 23,2015
REV:B/10/15 �ExTE[`JSIpNf••°^ $
�\ PROFESSIONAL ENGINEERS&LAND SURVEYORS
CHRISTIANSEN &SERGI, INC. BO�CFORD STRE ?
160SUMMERST.HAVERHILL,MA01830 WWW.CSIENGR.COM
TEL 978-373-0310 FAX.978-372-3960 OCOPYRIGHT2015
DWG.NO,14036014
i
Order of Resource Area Delineation((BRAD)
Lot 1 &2 Boxford Street(602 Boxford Street)
DEP File #242-1640
Facts&Findings:
Wetland resource areas,jurisdictional under the Massachusetts Wetland Protection Act(WPA) and/or the
North Andover Wetland Protection Bylaw(Bylaw),within the subject parcel include:Bordering Vegetated
Wetland(BVW),Bordering Land Subject to Flooding(BLSF)and Ephemeral Pool and Ephemeral Pool Habitat.
Norse Environmental Services,Inc. delineated these resource areas on September 2,2014. Wetland flags were
reviewed and amended by Jennifer Hughes,Conservation Administrator,on November 25,2014 and include:
BVW Flags Ai-A148,B1-B22,and C1-C11
Bordering Land Subject to Flooding-Line on Sheet 1 of 3 labeled"Limit of FEMA 100-Year Flood Hazard
Zone A"
The site also falls within Natural Heritage Endangered Species Program(NHESP)Priority Habitat for Rare
Species
The presence of Ephemeral Pools and Ephemeral Pool Habitat,as defined in section 3.1 of the Bylaw,was
noted in the letter from Maureen Hanley of Norse Environmental,Inc.dated November 18,2014 and
submitted as part of the Abbreviated Notice of Resource Area Delineation.The Conservation Administrator
confirmed the presence of the Ephemeral Pools and Ephemeral Pool habitat during the site inspection on
November 25,2014.The boundaries of these resource areas were not delineated or confirmed as part of this
filing.
The NACC formally approved the resource area boundaries at a public hearing on December 3,2014.
Record Documents:
➢ Abbreviated Notice of Resource Area Delineation-WPA Form 4A and supporting documents,received
November 21,2014;
Plan entitled"ANRAD Plan for Lot 1 &2 Boxford Street in North Andover,Mass." Prepared by
Christiansen&Sergi,Inc.and signed by Philip G.Christiansen,P.E.,dated November 10,2014 and last
revised December 1,2014.
Massachusetts Department of Environmental Protection Provided by MassDEP:
Bureau of Resource Protection-Wetlands MassDEP File#:242-1640
'A Form 4iB-Order of Resource Area Delineation eDEP Transaction#:706399
Massachusetts Wetlands Protection Act M.G.L.c. 131 S40 City/Town:NORTH ANDOVER
A.General Enfomation
1.Conservation Commission NORTH ANDOVER
2.This Issuance is for(Check one):
a. E Order of Resource Area Delineation
b. C Amended Order of Resource Area Delineation
3.Applicant Details
a.First Name ROBERT b.Last Name MESSINA
c.Organization MESSINA DEVELOPMENT CO.INC.
d.Mailing Address 277 WASHINGTON STREET
e.City/Town GROVELAND f.State MA g.ZIP 01834
4.Property Owner(if different from applicant):
a.First Name CHARLOTTE b.Last Name HOPPING(LOT 3)
c.Organization GORTON FAMILY TRUST(LOT 22)
d.Mailing Address 5i-(HOPPING)AND 623(TRUST)BOXFORD STREET
e.City/Town NORTH ANDOVER f State MA g.ZIP 01845
5.Project Location
a.Street Address 602 BOXFORD STREET
b.City/Town NORTH ANDOVER C.Zip 01845
d.Assessors Map/Plat# 105C e.Parcel/Lot# 3&22
f.Latitude 42.6682N g.Longitude 71.04739W
6.Dates
a.Date ANRAD Filed 11/24/2014 b.Date Public Hearing Closed 12/3/2014 c.Date Of Issuance 12/5/2014
7.Final Approved Plans and Other Documents
Plan Title Plan PreparedBy Plan Signed By Plan Final Plan Scale
!Date
ANRAD PLAN FOR LOT 1&2 CHRISTIANSEN& PHILIP G. December 1, 1"=60'&
BOXFORD STREET(3 SHEETS) SERGI,INC CHRISTIANSEN,P.E. 2014 1"=40'
B.Order of Delineation
1.The Conservation Commission has determined the following(check whichever is applicable)
a. r 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. r Bordering Vegetated Wetlands
2. r Other resource area(s),specifically
&BORDERING LAND SUBJECT TO FLOODING SEE ATTACHED REGARDING PRESENCE OF EPHEMERAL
POOLS AND EPHEMERAL POOL HABITAT
b. C Modified:The boundaries described on the plan(s)referenced above,as modified by the Conservation Cominission from the
plans contained in the Abbreviated Notice of Resource Area Delineation,are accurately drawn from the following resource area(s):
1. r Bordering Vegetated Wetlands
2. C Other resource area(s),specifically
Page 1 of 3 *ELECTRONIC COPY
Massachusetts Department of Environmental Protection Provided by MassDEP:
Bureau of Resource Protection-Wetlands MassDEP File#:242-1640
A Fenn 4B-Order of Resource Area'delineation eDEP Transaction 9:706399
Massachusetts Wetlands Protection Act M.G.L.c. 131 S40 City/Town:NORTH ANDOVER
a.
c. C Imaccurate::The boundaries described on the referenced plan(s)and in the Abbreviated Notice of Recource Area Delineation
were found to be inaccurate and cannot be confirmed for the following resource area(s):
1. 1-7 Bordering Vegetated Wetlands
2. l-Other resource area(s),specifically
a.
3.The boundaries were determined to be inaccurate because:
C.Findings
This Order of Resource Area Delineation determines that 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,S 40)and its regulations(3 10 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.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/deplabout/region/fmdyour.htm).
D.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 of Resource Area
Delineation 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,S 40)and is inconsistent with the wetlands regulations(3 10 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.
Page 2 of 3 *ELECTRONIC COPY
Massach,usetts IDepa ent 4. Environ.mental Protection, Provided by assDEP:
Bureau of Resource Protection -Wetlands
MassDEP File N' er
2LI PA Form, B - Order of Resource Area D
iDelineationeDEP Transaction' umber
North Andover
Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 City/Town
E. Signatures
Dateof Is ance
Please indicate the nUnaber of members who will sign this for d. 1.Number of Signers
/07;e_ �
re of C on mmission Member S' ature Conserv n Commission Member
Signature e atio 0 iss' n lember Signature of Conservation Commission Member
Signa a ototommission Member Signature of Conservation Commission Member
Sigril of Conservation Commission Member
This Order is valid for three years from the date�of issuance.
If this Order constitutes an Amended Order of Resource Area Delineation, this.Order does not extend
the issuance date of the original Final Order,which expires on unless extended in writing by
the issuing authority.
This Order is issued to the applicant and the property owner(if different)as follows:
2.❑ By hand delivery on 3. By certified mail, return receipt requested on
a.Date a.Date
I
I
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