HomeMy WebLinkAboutMiscellaneous - Cotuit Street;Leyden StreetN!
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a
6. Property recorded at the Registry of Deed for:
a. County b. Certificate c. Book
NORTHERN ESSEX 8735
7.Dates
d. Page
35
a. Date NOI Filed: 8/25/2013 b. Date Public Hearing Closed: 9/25/2013 c. Date Of Issuance: 9/26/2013
8.17ina1 Approved Plans and Other Documents
a. Plan Title: b. Plan Prepared by: c. Plan Signed/Stamped by: d. Revised Final Date: e. Scale:
SITE PLANS
COTUIT & LEYDEN PENNONI BENJAMIN C. OSGOOD, JR. 9/12/13 & 9/23/13 1 "=20'
STREETS (SHEETS ASSOCIATES, INC. (Sheet 3)
1-6)
B. Findings
Page 1 of 10 * ELECTRONIC COPY
Massachusetts Department of Environmental Protection Provided by MassDEP:
Bureau of Resource Protection - Wetlands
MassDEP File #:242-1601
MTA Form 5 - Order of Conditions
eDEP Transaction #:598709
City/Town:NORTH ANDOVER
(�
Massachusetts Wetlands Protection Act M.G.L. c. 131, §40
A. General Information
1. Conservation Commission NORTH ANDOVER
2. Issuance a. o OOC b. o Amended OOC
3. Applicant Details
a. First Name JOHN b. Last Name
BURKE
c. Organization
d. Mailing Address 14 CHICKERING ROAD
e. City/Town NORTH ANDOVER f State MA
g. Zip Code 01845
4. Property Owner
a. First Name ROBERT J. b. Last Name
BURKE TRUST
c. Organization C/O R.H. HA.RRINGTON, TRUSTEE
d. Mailing Address 600 CLARK STREET, 4TH FLOOR
e. City/Town TEWKSBURY f. State MA
g. Zip Code 01876
5. Project Location
a. Street Address COTUIT STREET & LEYDEN STREET
b.City/Town NORTH ANDOVER
c. Zip Code 01845
d. Assessors Map/Plat# 47
e. Parcel/Lot# 148 & 151
f. Latitude 42.67786N
g. Longitude 71.12535W
6. Property recorded at the Registry of Deed for:
a. County b. Certificate c. Book
NORTHERN ESSEX 8735
7.Dates
d. Page
35
a. Date NOI Filed: 8/25/2013 b. Date Public Hearing Closed: 9/25/2013 c. Date Of Issuance: 9/26/2013
8.17ina1 Approved Plans and Other Documents
a. Plan Title: b. Plan Prepared by: c. Plan Signed/Stamped by: d. Revised Final Date: e. Scale:
SITE PLANS
COTUIT & LEYDEN PENNONI BENJAMIN C. OSGOOD, JR. 9/12/13 & 9/23/13 1 "=20'
STREETS (SHEETS ASSOCIATES, INC. (Sheet 3)
1-6)
B. Findings
Page 1 of 10 * ELECTRONIC COPY
Massachusetts Department of Environmental Protection Provided by MassDEP:
Bureau of Resource Protection - Wetlands MassDEP File #:242-1601
WPA Form 5 - Order of Conditions eDEP Transaction #:598709
Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 City/Town:NORTH ANDOVER
1.Findings pursuant to the Massachusetts Wetlands Protection Act
Following the review of the the above -referenced Notice of Intent and based on the information provided in this application and
presented at the public hearing, this Commission finds that the areas in which work is proposed is significant to the following interests of
the Wetlands Protection Act.
Check all that apply:
a. ❑ Public Water Supply b. ❑ Land Containing Shellfish c. ❑ Prevention of Pollution
d. ❑ Private Water Supply e. ❑ Fisheries f. ❑ Protection of Wildlife Habitat
g. ❑ Ground Water Supply h. ❑ Storm Damage Prevention i. ❑ Flood Control
2. Commission hereby finds the project, as proposed, is:
Approved subject to:
a. ❑ The following conditions which are necessary in accordance with the performance standards set forth in the wetlands regulations.
This Commission orders that all work shall be performed in accordance with the Notice of Intent referenced above, the following
General Conditions, and any other special conditions attached to this Order. To the extent that the following conditions modify or
differ from the plans, specifications, or other proposals submitted with the Notice of Intent, these conditions shall control.
Denied because:
b. p The proposed work cannot be conditioned to meet the performance standards set forth in the wetland regulations. Therefore,
work on this project may not go forward unless and until a new Notice of Intent is submitted which provides measures which are
adequate to protect interests of the Act, and a final Order of Conditions is issued. A description of the performance standards
which the proposed work cannot meet is attached to this Order.
c. ❑ 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 ❑ Buffer Zone Impacts: Shortest distance between limit of project disturbance and the wetland resource 20
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. ❑ Bank
5. ❑ Bordering Vegetated Wetland
6. o Land under Waterbodies and Waterways
a. linear feet
b. linear feet c. linear feet d. linear feet
a. square feet
b. square feet c. square feet d. square feet
a square feet
b. square feet c. square feet d. square feet
e. c/y dredged
f. c/y dredged
Page 2 of 10 * ELECTRONIC COPY
Massachusetts Department of Environmental Protection Provided by MassDEP:
�-- Bureau of Resource Protection - Wetlands
MassDEP File #:242-1601
MTA Form 5 - Order of Conditions
eDEP Transaction #:598709
( Massachusetts Wetlands Protection Act M.G.L.
c. 131, §40
City/rown:NORTH ANDOVER
7.o 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. o 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. o 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
10. o Designated Port Areas
11. o Land Under the Ocean
12. o Barrier Beaches
13. o Coastal Beaches
14.o Coastal Dunes
15.0 Coastal Banks
16.o Rocky Intertidal Shores
17. o Salt Marshes
18.0 Land Under Salt Ponds
19. o Land Containing Shellfish
Proposed Permitted Proposed Permitted
Alteration Alteration Replacement Replacement
Indicate size under Land Under the Ocean, below
a. square feet b. square feet
c. c/y dredged d. c/y dredged
Indicate size under Coastal Beaches and/or Coastal Dunes below
a. square feet b. square feet c. c/y nourishment d. c/y nourishment
a. square feet b. square feet c. c/y nourishment d. c/y nourishment
a linear feet b. linear feet
a. square feet b. square feet
a. square feet b. square feet c. square feet d. square feet
a. square feet b. square feet
c. c/y dredged d. c/y dredged
Page 3 of 10 * ELECTRONIC COPY
Massachusetts Department of Environmental Protection Provided by MassDEP:
Bureau of Resource Protection - Wetlands MassDEP File #:242-1601
WPA Form 5 - Order of Conditions eDEP Transaction #:598709
Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 City/Town:NORTH ANDOVER
a. square feet b. square feet c. square feet d. square feet
Indicate size under Coastal Banks, inland Bank, Land Under the
20. o Fish Runs Ocean, and/or inland Land Under Waterbodies and Waterways,
above
21.o Land Subject to Coastal Storm Flowage
22.
Restoration/Enhancement (For Approvals Only)
c. c/y dredged d. c/y dredged
a. square feet b. square feet
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
23.
b. square feet of Salt Marsh
o Streams Crossing(s)
If the project involves Stream Crossings, please enter the number of new stream crossings/number of replacement stream crossings.
a. number of new stream crossings
b. number of replacement stream crossings
C. General Conditions Under Massachusetts Wetlands Protection Act
The following conditions are only applicable to Approved projects
1. Failure to comply with all conditions stated herein, and with all related statutes and other regulatory measures, shall be deemed
cause to revoke or modify this Order.
2. The Order does not grant any property rights or any exclusive privileges; it does not authorize any injury to private property or
invasion of private rights.
3. This Order does not relieve the permittee or any other person of the necessity of complying with all other applicable federal,
state, or local statutes, ordinances, bylaws, or regulations.
4. The work authorized hereunder shall be completed within three years from the date of this Order unless either of the following
apply
a. the work is a maintenance dredging project as provided for in the Act; or
b. the time for completion has been extended to a specified date more than three years, but less than five
years, from the date of issuance. If this Order is intended to be valid for more than three years, the
extension date and the special circumstances warranting the extended time period are set forth as a
special condition in this Order.
5. This Order may be extended by the issuing authority for one or more periods of up to three years each upon application to the
issuing authority at least 30 days prior to the expiration date of the Order.
6. If this Order constitutes an Amended Order of Conditions, this Amended Order of Conditions does not exceed the issuance
date of the original Final Order of Conditions.
7. Any fill used in connection with this project shall be clean fill. Any fill shall contain no trash, refuse, rubbish, or debris, including
but not limited to lumber, bricks, plaster, wire, lath, paper, cardboard, pipe, tires, ashes, refrigerators, motor vehicles, or parts of
any of the foregoing.
8. This Order is not final until all administrative appeal periods from this Order have elapsed, or if such an appeal has been taken,
until all proceedings before the Department have been completed.
Page 4 of 10 * ELECTRONIC COPY
Massachusetts Department of Environmental Protection Provided by MassDEP:
Bureau of Resource Protection - Wetlands MassDEP File #:242-1601
WPA Form 5 - Order of Conditions eDEP Transaction #:598709
j Massachusetts Wetlands Protection Act M.G.L. c. 131, §40
Cityfrown:NORTH ANDOVER
9. No work shall be undertaken until the Order has become final and then has been recorded in the Registry of Deeds or the Land
Court for the district in which the land is located, within the chain of title of the affected property. In the case of recorded land,
the Final Order shall also be noted in the Registry's Grantor Index under the name of the owner of the land upon which the
proposed work is to be done. In the case of the registered land, the Final Order shall also be noted on the Land Court
Certificate of Title of the owner of the land upon which the proposed work is done. The recording information shall be submitted
to the Conservation Commission on the form at the end of this Order, which form must be stamped by the Registry of Deeds,
prior to the commencement of work..
10. A sign shall be displayed at the site not less then two square feet or more than three square feet in size bearing the words,
" Massachusetts Department of Environmental Protection"
[or'MassDEP"]
File Number: "242-1601 "
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) o is not (2) o subject to the Massachusetts Stormwater Standards.
If the work is subject to Stormwater Standards, then the project is subject to the following conditions;
a) All work, including site preparation, land disturbance, construction and redevelopment, shall be implemented in accordance
with the construction period pollution prevention and erosion and sedimentation control plan and, if applicable, the
Stormwater Pollution Prevention Plan required by the National Pollutant Discharge Elimination System Construction General
Permit as required by Stormwater Standard 8. Construction period erosion, sedimentation and pollution control measures and
best management practices (BMPs) shall remain in place until the site is fully stabilized.
b) No stormwater runoff may be discharged to the post -construction stormwater BMPs unless and until a Registered
Professional Engineer provides a Certification that: i. all construction period BMPs have been removed or will be removed by
a date certain specified in the Certification. For any construction period BMPs intended to be converted to post construction
operation for stormwater attenuation, recharge, and/or treatment, the conversion is allowed by the MassDEP Stormwater
Handbook BMP specifications and that the BMP has been properly cleaned or prepared for post construction operation,
including removal of all construction period sediment trapped in inlet and outlet control structures; ii.. as -built final construction
Page 5 of 10 * ELECTRONIC COPY
Massachusetts Department of Environmental Protection Provided by MassDEP:
Bureau of Resource Protection - Wetlands MassDEP File #:242-1601
WPA Form 5 - Order of Conditions eDEP Transaction #:598709
Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 City/Town.-NORTH ANDOVER
BMP plans are included, signed and stamped by a Registered Professional Engineer, certifying the site is fully stabilized; iii.
any illicit discharges to the stormwater management system have been removed, as per the requirements of Stormwater
Standard 10; iv. all post -construction stormwater BMPs are installed in accordance with the plans (including all planting
plans) approved by the issuing authority, and have been inspected to ensure that they are not damaged and that they are in
proper working condition; v. any vegetation associated with post -construction BMPs is suitably established to withstand
erosion.
c) The landowner is responsible for BMP maintenance until the issuing authority is notified that another party has legally assumed
responsibility for BMP maintenance. Prior to requesting a Certificate of Compliance, or Partial Certificate of Compliance, the
responsible party (defined in General Condition 19(e)) shall execute and submit to the issuing authority an Operation and
Maintenance Compliance Statement ("O&M Statement") for the Stormwater BMPs identifying the party responsible for
implementing the stormwater BMP Operation and Maintenance Plan ("O&M Plan") and certifying the following: i.) the O&M
Plan is complete and will be implemented upon receipt of the Certificate of Compliance, and ii.) the future responsible parties
shall be notified in writing of their ongoing legal responsibility to operate and maintain the stormwater management BMPs and
implement the Stormwater Pollution Prevention Plan.
d) Post -construction pollution prevention and source control shall be implemented in accordance with the long-term pollution
prevention plan section of the approved Stormwater Report and, if applicable, the Stormwater Pollution Prevention Plan
required by the National Pollutant Discharge Elimination System Multi -Sector General Permit.
e) Unless and until another party accepts responsibility, the landowner, or owner of any drainage easement, assumes
responsibility for maintaining each BMP. To overcome this presumption, the landowner of the property must submit to the
issuing authority a legally binding agreement of record, acceptable to the issuing authority, evidencing that another entity has
accepted responsibility for maintaining the BMP, and that the proposed responsible party shall be treated as a permittee for
purposes of implementing the requirements of Conditions 19(f J 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 parry access to perform the required operation and maintenance must be submitted
along with the legally binding agreement.
f} The responsible party shall operate and maintain all stormwater BMPs in accordance with the design plans, the O&M Plan,
and the requirements of the Massachusetts Stormwater Handbook.
g) The responsible party shall:
1. Maintain an operation and maintenance log for the last three (3) consecutive calendar years of inspections, repairs,
maintenance and/or replacement of the stormwater management system or any part thereof, and disposal (for disposal the
log shall indicate the type of material and the disposal location);
2. Make the maintenance log available to MassDEP and the Conservation Commission ("Commission") upon request; and
3. Allow members and agents of the MassDEP and the Commission to enter and inspect the site to evaluate and ensure
that the responsible party is in compliance with the requirements for each BMP established in the O&M Plan approved by
the issuing authority.
h) All sediment or other contaminants removed from stormwater BMPs shall be disposed of in accordance with all applicable
federal, state, and local laws and regulations.
i) Illicit discharges to the stormwater management system as defined in 310 CMR 10.04 are prohibited.
j) The stormwater management system approved in the Order of Conditions shall not be changed without the prior written
approval of the issuing authority.
k) Areas designated as qualifying pervious areas for the purpose of the Low Impact Site Design Credit (as defined in the
MassDEP Stormwater Handbook, Volume 3, Chapter 1, Low Impact Development Site Design Credits) shall not be altered
without the prior written approval of the issuing authority.
I) Access for maintenance, repair, and/or replacement of BMPs shall not be withheld. Any fencing constructed around
stormwater BMPs shall include access gates and shall be at least six inches above grade to allow for wildlife passage.
Page 6 of 10 * ELECTRONIC COPY
Massachusetts Department of Environmental Protection Provided by MassDEP:
Bureau of Resource Protection - Wetlands MassDEP File #:242-1601
WPA Form 5 - Order of Conditions eDEP Transaction #:598709
Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 City/Town-.NORTH ANDOVER
Special Conditions:
SEE ATTACHED.
Page 7 of 10 * ELECTRONIC COPY
Massachusetts Department of Environmental Protection Provided by MassDEP:
Bureau of Resource Protection - Wetlands MassDEP File #:242-1601
WPA Form 5 - Order of Conditions eDEP Transaction #:598709
Massachusetts Wetlands Protection Act M.G.L. c. 131, §40
City/Town:NORTH ANDOVER
A Findings Under Municipal Wetlands Bylaw or Ordinance
I. Is a municipal wetlands bylaw or ordinance applicable? ❑ Yes o No
2• The Conservation Commission hereby(check one that applies
a. p 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:
APPROVES the proposed work, subject to the following
additional conditions.
1. Municipal Ordinance or Bylaw NORTH ANDOVER
WETLANDS BYLAW
2. Citation CHAPTER 178
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
LlMassachusetts Department of Environmental Protection Provided by MassDEP:
Bureau of Resource Protection - Wetlands MassDEP File #:242-1601
WPA Form 5 - Order of Conditions eDEP Transaction #:598709
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
pursuant to General Condition #4. If this is an Amended Order of Conditions, the Amended 1. Date of or' inal Order
Order expires on the same date as the original Order of Conditions.
Please indicate the number of members who will sign this form. This Order must be signed by 2 Number 6f 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.
SignaAs
d " C i•
o by hand delivery on
Date
F. Appeals
[s/by certified mail, return receipt requested, on
I /-'a 13
Date
The applicant, the owner, any person aggrieved by this Order, any owner of land abutting the land subject to this Order, or any ten
residents of the city or town in which such land is located, are hereby notified of their right to request the appropriate MassDEP
Regional Office to issue a Superseding Order of Conditions. The request must be made by certified mail or hand delivery to the
Department, with the appropriate filing fee and a completed Request for Departmental Action Fee Transmittal Form, as provided in
310 CMR 10.03(7) within ten business days from the date of issuance of this Order. A copy of the request shall at the same time be
sent by certified mail or hand delivery to the Conservation Commission and to the applicant, if he/she is not the appellant.
Any appellants seeking to appeal the Department's Superseding Order associated with this appeal will be required to demonstrate prior
participation in the review of this project. Previous participation in the permit proceeding means the submission of written information to
the Conservation Commission prior to the close of the public hearing, requesting a Superseding Order, or providing written information
to the Department prior to issuance of a Superseding Order.
The request shall state clearly and concisely the objections to the Order which is being appealed and how the Order does not
contribute to the protection of the interests identified in the Massachusetts Wetlands Protection Act (M.G.L. c. 131, § 40), and is
inconsistent with the wetlands regulations (3 10 CMR 10.00). To the extent that the Order is based on a municipal ordinance or bylaw,
and not on the Massachusetts Wetlands Protection Act or regulations, the Department has no appellate jurisdiction.
Page 9 of 10 * ELECTRONIC COPY
Massachusetts Department of Environmental Protection Provided by MassDEP:
Bureau of Resource Protection - Wetlands MassDEP File #:242-1601
WPA Form 5 - Order of Conditions eDEP Transaction #:598709
Massachusetts Wetlands Protection Act M.G.L. c. 131, §40
Cityfrown:NORTH ANDOVER
G. Recording Information
This Order of Conditions must be recorded in the Registry of Deeds or the Land Court for the district in which the land is located,
within the chain of title of the affected property. In the case of recorded land, the Final Order shall also be noted in the Registry's
Grantor Index under the name of the owner of the land subject to the Order. In the case of registered land, this Order shall also be
noted on the Land Court Certificate of Title of the owner of the land subject to the Order of Conditions. The recording information on
this page shall be submitted to the Conservation Commission listed below. .
NORTH ANDOVER
Conservation Commission
Detach on dotted line, have stamped by the Registry of Deeds and submit to the Conservation Commission
................................................................................................................................................................
To:
NORTH ANDOVER
Conservation Commission
Please be advised that the Order of Conditions for the Project at:
COTUIT STREET & LEYDEN STREET
242-1601
Project Location
MassDEP File Number
Has been recorded at the Registry of Deeds of:
County
Book Page
for:
Property Owner ROBERT J. BURKE TRUST
and has been noted in the chain of title of the affected property in:
Book
Page
In accordance with the Order of Conditions issued on:
Date
If recorded land, the instrument number identifying this transaction is:
Instrument Number
If registered land, the document number identifying this transaction is:
Document Number
Signature of Applicant
Rev. 4/1/2010
Page 10 of 10 * ELECTRONIC COPY
DEP FILE # 242 -1601
Therefore, the North Andover Conservation Commission (hereafter the "NACC") hereby
finds that the following conditions are necessary, in accordance with the Performance
Standards set forth in the State Regulations, the local ByLaw and Regulations, to protect
those interests noted above. The NACC orders that all work shall be performed in
accordance with said conditions and with the Notice of Intent referenced below. To the
extent that the following conditions modify or differ from the plans, specifications or other
proposals submitted with the Notice of Intent, the conditions shall control.
GENERAL CONDITIONS
20. The proposed work includes: construction of four townhouse units on two lots,
stormwater management infrastructure, underground utilities, and associated
clearing, grading and landscaping, portions of which are within the Buffer Zones to
Bordering Vegetated Wetland (BVW) associated with an intermittent stream.
21. The work shall conform to the following (except as noted in the remainder of this
document where revisions may be required):
Applicant: John Burke
14 Chickering Road
North Andover, MA 01845
Property Owner: Robert J. Burke Trust
C/o R.H. Harrington, Trustee
600 Clark Street, 4t11 Floor
Tewksbury, MA 01876
Notice of Intent
prepared by: Benjamin Osgood, Jr.
Pennoni Associates, Inc.
13 Branch Street, Suite 103
Methuen, MA 01844
Dated: July 31, 2013
Site Plans prepared by: Pennon Associates, Inc.
Title: Site Plan Cotuit & Leyden Streets
North Andover, Massachusetts
Sheets: 1-6
Last Revised: 9/12/13 & 9/23/13 (Sheet 3)
Stamped by: Benjamin C. Osgood, Jr., P.E.
Stormwater Analysis and
Calculations prepared by: Pennon Associates, Inc.
Date: September 12, 2013
242-1601,Cotuit & Leyden Street Townhouses 1 NACC 9/26/2013
DEP FILE # 242 -1601
Stormwater Review: Lisa Eggleston
Eggleston Environmental
32 Old Framingham Road, Unit #29
Sudbury, MA 01776
Review letter dated: September 19, 2013;
Inspection & Maintenance
Manual prepared by: Pennoni Associates, Inc.
Date: September 12, 2013
22. The term "Applicant" as used in this Order of Conditions shall refer to the owner, any
successor in interest or successor in control of the property referenced in the Notice of
Intent, supporting documents and this Order of Conditions. The NACC shall be
notified in writing within 30 days of all transfers of title of any portion of property that
takes place prior to the issuance of a Certificate of Compliance.
23. The conditions of this decision shall apply to, and be binding upon, the applicant,
owner, its employees and all successors and assigns in interest or control. These
obligations shall be expressed in covenants in all deeds to succeeding owners of
portions of the property.
24. Failure to comply with all conditions stated herein, and with all related statutes and
other regulatory measures, shall be deemed cause to revoke or modify this Order.
25. This Order does not grant any property rights or any exclusive privileges; it does not
authorize any injury to private property or invasion of property rights. However, the
NACC, agent of the NACC or the Department of Environmental Protection (DEP)
reserves the right to enter and inspect the property at all reasonable times until a
Certificate of Compliance is issued, to evaluate compliance with this Order of
Conditions, the Act (310 CMR 10.00), the North Andover Wetland SyLaw and
Regulations, and may require any information, measurements, photographs,
observations, and/or materials, or may require the submittal of any data or
information deemed necessary by the NACC for that evaluation. Further, work shall
be halted on the site if the NACC, agent or DEP determines that any of the work is not
in compliance with this Order of Conditions. Work shall not resume until the NACC
is satisfied that the work will comply and has so notified the applicant in writing.
26. This Order does not relieve the permittee or any other person of the necessity of
complying with all other applicable federal, state or local statutes, ordinances, by-laws
or regulations.
27. The work authorized hereunder shall be completed within three years from the date of
this order.
242-1601,Cotuit & Leyden Street Townhouses 2 NACC 9/26/2013
DEP FILE # 242 -1601
28. This Order may be extended by the issuing authority for one but not more than two
periods of up to one year each upon application to the issuing authority at least thirty
days(30) prior to the expiration date of the Order (Refer to Section 8.3 of the North
Andover Wetland Regulations).
29. The NACC reserves the right to amend this Order of Conditions after a legally
advertised public hearing if plans or circumstances are changed or if new conditions
or information so warrant.
30. This order is issued in addition to DEP File #242-1261 which originally permitted eight
(8) townhouses. The permit is now expired. A Certificate of Compliance is under
consideration for the four constructed townhouses (of the eight proposed) and the
stormwater management structures constructed under the prior order.
31. 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.
32. Any future project which proposes a wetland crossing in order to access certain
portions of the property will not be qualified as a limited project roadway under 310
CMR 10.53(e).
33. The following wetland resource areas are affected by the proposed work: Buffer Zone
to Bordering Vegetated Wetland (BVW) associated with an intermittent
drainage/ stream channel. These resource areas are significant to the interests of the
Act and Town ByLaw as noted above and therein. The applicant has not attempted to
overcome the presumption of significance of these resource areas to the identified
interests.
34. The NACC agrees with the applicant's delineation of the wetland resource areas on
the site as shown on the plans dated referenced herein.
35. The NACC finds that the intensive use of the upland areas and buffer zone proposed
on this site will cause further alteration of the wetland resource areas. In order to
prevent any alteration of wetland resource areas a twenty five foot (25') No -
Disturbance Zone and a fifty foot 50') No -Construction Zone shall be established from
the edge of Bordering Vegetated Wetland (BVW). 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.
36. This document shall be included in all construction contracts, subcontracts, and
specifications dealing with the work proposed and shall supersede any conflicting
contract requirements. The applicant shall assure that all contractors, subcontractors,
and other personnel performing the permitting work are fully aware of the permits
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DEP FILE # 242 -1601
terms and conditions. Thereafter, the contractor will be held jointly liable for any
violation of this Order resulting from failure to comply with its conditions.
37. The owners of the project and their successors in title agree that the Order does not in
itself impose upon the Town any responsibility to maintain the proposed drainage
system and that said Town shall not be liable for any damage in the event of failure.
By acceptance of this Order, the owners agree to indemnify and hold harmless to the
Town and its residents for any damage attributable to alterations undertaken on this
property pursuant to the Order. Issuance of these Conditions does not in any way
imply or certify that the site or downstream areas will not be subject to flooding, storm
damage or any other form of water damage. Maintenance of the drainage system, if
accepted by the Town as part of a public way, becomes the responsibility of the Town.
PRIOR TO CONSTRUCTION
38. No work shall be undertaken until all administrative appeal periods from this Order
have elapsed or, if such an appeal has been filed, until all proceedings before the
Department or Court have been completed.
39. This Order shall be recorded by the applicant at the Registry of Deeds immediately
after the expiration of all appeal periods. No work shall be undertaken until the Final
Order has been recorded in the Registry of Deeds or the Land Court for the district in
which the land is located, within the chain of title of the affected property. In the case
of recorded land, the Final Order shall also be noted in the Registry's Grantor Index
under the name of the owner of the land upon which the proposed work is to be done.
In the case of registered land, the Final Order shall also be noted on the Land Court
Certificate of Title of the owner of the land upon which the proposed work is to be
done. The recording information shall be submitted to the North Andover
Conservation Commission on the form at the end of this Order prior to
commencement of the work. Any Order not recorded by the applicant before work
commences may be recorded by the NACC at the applicant's expense.
40. A sign shall be displayed at the site not less than two square feet or more than three
square feet in size bearing the words "Massachusetts DEP, File Number 242-1601."
41. Any changes in the submitted plans caused by the applicant, another Board's decision
or resulting from this Order of Conditions must be submitted to the NACC for
approval prior to implementation. If the NACC finds said changes to be significant,
the NACC will call for another public hearing (at the expense of the applicant). Within
21 days of the close of said public hearing the NACC will issue an amended or new
Order of Conditions. Any errors found in the plans or information submitted by the
applicant shall be considered as changes. No work shall begin on a project until
written approval has been granted by the NACC.
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42. It is the responsibility of the applicant, owner, and/or successor(s) to ensure that all
conditions of this Order of Conditions are complied with. The project engineer and
contractors are to be provided with a copy of this Order of Conditions and referenced
documents before commencement of construction.
43. Prior to any work commencing on-site, the applicant shall submit to the NACC for
approval, a detailed sequence of construction, including the installation of all
sedimentation/ erosion control measures, clearing, grading, foundation installation,
paving, and all other site work through final stabilization.
44. Wetland flagging shall be checked prior to start of construction and shall be re-
established where missing. All wetland flagging shall remain visible and enumerated
per the approved plan(s) throughout the life of the project and until a Certificate of
Compliance is issued so that erosion control measures can be properly placed and
wetland impacts can be monitored. The proposed limit of work shall be shall be
clearly marked with erosion controls or temporary fencing and shall be confirmed by
the NACC. Such barriers shall be checked and replaced as necessary and shall be
maintained until all construction is complete. Workers should be informed that no use
of machinery, storage of machinery or materials, stockpiling of soil, or construction
activity is to occur beyond this line at any time.
45. Staked hay bales and trenched siltation fence, as detailed on Sheet 6 of 6 in the plans
referenced herein, shall be placed between all construction areas and wetlands. The
erosion control barriers and erosion control measures 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.
46. The applicant shall have on hand at the start of any soil disturbance, removal or
stockpiling, a minimum of 10 hay bales and sufficient stakes for staking these bales.
Said bales shall be used only for the control of emergency erosion problems and shall
not be used for the normal control of erosion.
47. A check payable to the Town of North Andover shall be provided in the amount of
$7,500 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
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the NACC before commencement of work. Said deposit of money shall be
conditioned on the completion of all conditions hereof, shall be signed by a party or
parties satisfactory to the NACC, and Town Counsel, and shall be released after
completion of the project, provided that provisions, satisfactory to the NACC, have
been made for performance of any conditions which are of continuing nature. The
applicant may propose a monetary release schedule keyed to completion of specific
portions of the project for the NACC's review and approval. This condition is issued
under the authority of the local ByLaw.
48. The applicant shall be responsible for placing signs on each parcel, where there is
more than one (1) lot, designating the applicable lot number as depicted on the plans
approved and referenced herein.
49. The applicant shall designate a Wetland Scientist (or other environmental professional
as approved by the NACC or its agent) as an "Erosion Control Monitor' to oversee
any emergency placement of controls and regular inspection or replacement of
sedimentation control devices. The name and phone number of the erosion control
monitor must be provided to the NACC in the event that this person has to be
contacted, due to an emergency at the site, during any 24-hour period, including
weekends. Proof of the retained monitor must be submitted to the Conservation
Department on letterhead by the retained consulting firm. This person shall be given
the authority to stop construction for erosion control purposes. The Environmental
Professional will immediately notify the Conservation agent of any matter that
requires attention by the Commission or the agent. The erosion control monitor will
be required to inspect all such devices and oversee cleaning and the proper disposal of
waste products. Cleaning shall include removal of any entrapped silt.
50. At least once during each week in which construction activities occurs on-site and for
as long thereafter as ground remains unstabilized, the applicant shall submit a written
report (with photos) from the "Erosion Control Monitor' to the NACC certifying that,
to the best of his/her knowledge and belief based on a careful site inspection, all work
is being performed in compliance with this Order of Conditions and that approved
setbacks are being adhered to. The erosion control monitor must visually inspect all
sedimentation/ erosion control measures and assume responsibility for their
maintenance on a weekly basis and that they are functioning as intended. In addition,
all wetland resource areas must be visually inspected for siltation, turbidity, and/or
other water quality impacts. The Erosion Control Monitor shall be on site during
and/or following a major storm event of 1/2" inch of rain or greater (24 hour event) to
ensure that soils remain stable, and erosion controls are adequate and secure.
51. Prior to construction, the applicant shall permanently mark the edge of the "25' No -
Disturbance Zone' on all delineated wetlands (where not already marked or where
the wetland line has changed) with signs or markers spaced evenly every 30 feet
incorporating the following text: "Protected Wetland Resource Area' and the
associated rules (1 square for every 3 round markers). These markers will designate
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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).
52. The applicant and/or the legal owner of that portion of land upon which these Orders
of Conditions have been placed shall provide to the NACC prior to transferring, or
assigning any portion of said land to another party, subject to said Orders of
Conditions, the "Compliance Certification Form Affidavit" attached via "Appendix
A" signed under the pains and penalties of perjury, stating that said applicant and/or
owner has read these Orders of Conditions and is in compliance with each and every
condition. This document shall apply to each of the conditions referenced herein and
shall be provided to the Conservation Department at least five (5) business days prior
to the closing of said land transaction.
53. Once these above mentioned pre -construction requirements are complete, the
applicant shall contact the Conservation Office prior to site preparation or
construction and shall arrange an on-site conference with an NACC representative, the
contractor, the environmental monitor, and the applicant to ensure that all of the
Conditions of this Order are understood. This Order shall be included in all
construction contracts, subcontracts, and specifications dealing with the work
proposed and shall supersede any conflicting contract requirements. The applicant
shall assure that all contractors, subcontractors and other personnel performing the
permitted work are fully aware of the permit's terms and conditions. Thereafter, the
contractor will be held jointly liable for any violation of this Order of Conditions
resulting from failure to comply with its conditions. The applicant or contractor shall
notify the NACC in writing of the identity of the on-site construction supervisor hired
to coordinate construction and to ensure compliance with this Order. A reasonable
period of time shall be provided as notice of the pre -construction meeting (e.g. 72
hours).
"STORMWATER MANAGEMENT CONDITIONS
54. All construction and post -construction stormwater management shall be conducted in
accordance with supporting documents submitted with the Notice of Intent, the
Department of Environmental Protection Stormwater Management Standards, and as
approved by the NACC in this Order of Conditions.
55. All stormwater best management practices shall be maintained as specified in the
Inspection and Maintenance Manual submitted with the Notice of Intent and
incorporated in the Order of Conditions. Evidence of maintenance of the stormwater
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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. Maintenance bills submitted
by cleaning contractors (catch basins, etc.) shall be submitted with annual engineering
reports. Following the issuance of a COC Stormwater Management System Inspection
and Maintenance Logs (as provided in the Inspection & Maintenance Manual) 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. 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.
57. All roof runoff shall be directed to the infiltrators to provide groundwater recharge, as
shown on the approved plans referenced herein.
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.
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. Stormwater infiltration basins shall not be used for snow stockpiling.
61. As proposed by the applicant, a Condominium Association shall be established and be
responsible for the implementation of the Inspection & Maintenance Manual as
referenced and attached herein. This condition shall remain in perpetuity to this
Order. Written agreements of all conditions required in perpetuity of this Order,
inclusive of all stormwater maintenance agreements, shall be submitted to the NACC
upon completion of construction and prior to the issuance of a certificate of
compliance.
62. Prior to the issuance of the Certificate of Compliance, and the Condominium
Association assuming responsibility, the applicant shall be responsible for cleaning all
stormwater structures, in accordance with the "Inspection & Maintenance Manual"
and the associated stormwater management conditions referenced herein.
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DURING CONSTRUCTION
63. IMPORTANT: Immediately upon completion of the house foundation, and prior to
further construction activities associated with the site, the applicant shall complete a
plan prepared by a Registered Professional Land Surveyor of the Commonwealth
(R.P.L.S.) which accurately depicts the foundation location and its proximity to
wetland resource areas as approved under this Order of Conditions. Said plan shall
be submitted to the Conservation Administrator for approval. Failure to comply may
result in a stop work order for the site.
64. Upon beginning work, the applicant shall submit written monthly progress reports
detailing what work has been done in or near resource areas, and what work is
anticipated to be done over the next period. This will update the construction
sequence.
65. Catch basins within fifty feet (50') of construction will be protected with silt sacks.
66. De -watering activities are not proposed. No discharge of water is allowed directly
into an area subject to jurisdiction of the Wetlands Protection Act and/or the North
Andover Wetland Bylaw. If emergency de -watering requirements arise, the applicant
shall submit a contingency plan to the Commission for approval, which provides for
the pumped water to be contained in a settling basin, to reduce turbidity prior to
discharge into a resource area.
67. Temporary construction entrances shall be installed as detailed on Sheet 6 of the
herein referenced plan. If material is tracked beyond the construction entrances onto
the adjacent roadways, it will be swept up daily
68. Any fill used in connection with this project shall be clean fill, containing no trash,
refuse, rubbish or debris, including but not limited to lumber, bricks, plaster, wire,
lath, paper, cardboard, pipe, tires, ashes, refrigerators, motor vehicles or parts on any
of the foregoing.
69. All exposed soil finish grade surfaces shall be immediately landscaped and stabilized,
or loamed, seeded and matted. All disturbed areas must be graded, loamed and
seeded prior to November 1St of each year. Outside of the growing season, exposed
soil finish grade surfaces shall be stabilized with jute matting or by other means
approved by the NACC until climate conditions allow for seeding. No exposed area
shall remain unfinished for more than thirty (30) days, unless approved by the NACC.
70. 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.
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71. There shall be no stockpiling of soil or other materials within fifty (50) feet of any
resource area. Stockpile areas are designated on Plan Sheet 3 of 6. Changes in stockpile
location shall be approved by the Conservation Department.
72. Washings from concrete trucks, or surplus concrete, shall not be directed to, any
drainage system, or wetland resource area. Truck washing shall not occur within
jurisdictional areas unless the designated area and a plan for containment of sediment
are approved by the Conservation Department in advance.
73. 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.
74. Accepted engineering and construction standards and procedures shall be followed in
the completion of the project.
75. During and after work on this project, there shall be no discharge or spillage of fuel, or
other pollutants into any wetland resource area. If there is a spill or discharge of any
pollutant during any phase of construction the NACC shall be notified by the
applicant within one (1) business day. No construction vehicles are to be stored within
100 feet of wetland resource areas, and no vehicle refueling, equipment lubrication, or
maintenance is to be done within 100 feet of a resource area.
AFTER CONSTRUCTION
76. 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.
77. Fertilizers utilized for landscaping and lawn care shall be slow release, low -nitrogen
types (< 5%), and shall not be used within 25 feet of a resource area. Pesticides and
herbicides shall not be used within 100 feet of a wetland resource area. This condition
shall survive this Order of Conditions and shall run with the title of the property. This
condition is issued under the authority of the Town's Wetland Protection ByLaw and
shall remain in perpetuity.
78. 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 remain in
perpetuity.
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79. 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.
80. Upon approved site stabilization by Conservation staff, the erosion controls shall be
removed and properly disposed of and all exposed un -vegetated areas shall be
seeded.
81. Upon completion of the project the applicant shall submit the following to the
Conservation Commission as part of a request for a Certificate of Compliance:
a. WPA Form 8A - "Request for a Certificate of Compliance."
b. A letter from the applicant requesting a Certificate of Compliance.
c. The name and address of the current landowner.
d. Signed statements from the individual property owners shall be submitted with
the request for a Certificate of Compliance indicating that they read and
understood the recorded Order of Conditions prior to purchasing their property.
e. The name and address of the individual/ trust or corporation to whom the
compliance is to be granted.
f. The street address and assessor's map/ parcel number for the project.
g. The DEP file number.
h. A written statement from a Registered Professional Civil Engineer (and/or
Registered Professional Land Surveyor) of the Commonwealth certifying that the
work has been conducted as shown on the plan(s) and documents referenced
above, and as conditioned by the Commission.
i. An "As -Built" plan prepared and signed and stamped by a Registered Professional
Civil Engineer (and/or Registered Professional Land Surveyor) of the
Commonwealth, for the public record. This plan will include:
➢ "As -Built" post -development elevations of all drainage & stormwater
management structures constructed within 100 feet of any wetland resource
area. NOTE: If portions of the stormwater systems exist partially within the
Buffer Zone than the entire structure must be depicted to accurately verify
compliance.
➢ "As -Built" post -development elevations and grades of all filled or altered
wetland resource areas including the encompassing buffer zone which is
regulated as a resource area under the local Wetland Protection Bylaw.
➢ Distances from structures to wetland resource areas. Structures include (but
are not limited to) septic systems, additions, fences, sheds, stone walls,
pools, retaining walls, subsurface utilities and decks.
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➢ A line showing the limit of work and the extent of existing erosion control
devices. "Work" includes as disturbance of soils or vegetation.
➢ Location of all subsurface utilities entering the property.
82. The following special conditions shall survive the issuance of a Certificate of
Compliance (COC) for this project:
➢ 25' No -Disturbance Zone and a 50' No -Construction Zone shall be
established from the edge of adjacent wetland resource areas as approved
under DEP # 242-1601. Future work within 100' of existing wetland
resource areas will require a separate filing with the NACC. The
Conservation Administrator and/or other agents of the NACC do not have
the authority to waive these setbacks as established under the local ByLaw;
➢ Resource Area Markers (Condition #51);
➢ Stormwater Management System Maintenance (Condition #55 & #61);
➢ Discharge or spillage of pollutants (Condition #75);
➢ Prohibition of underground fuels (Condition #76);
➢ Limitations on the use of fertilizers, herbicides, and pesticides (Conditions
#77);
➢ There shall be no dumping of leaves, grass clippings, brush, or other debris
into a wetland resource area or beyond the limits of clearing (Condition
#78);
➢ "Inspection & Maintenance Manual" (see attached), including Best
Management Practices attached. No additional filings will be required to
conduct maintenance of the above referenced system and plan.
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APPENDIX A - AFFIDAVIT
I, on oath do hereby depose and state:
(authorized agent applicant and/or current owner)
(PLEASE CHECKAT LEAST ONE BLOCK)
1. I am the
( position with applicant) (applicant name or company name)
the applicant upon whom Order of Conditions
have been placed upon by (DEP or NACC number)
the North Andover Conservation Commission.
2. I am the
&/or
of
(position with owner) (owner name)
the owner upon whose land Order of Conditions
have been placed up by (DEP or NACC number)
the North Andover Conservation Commission.
3. I hereby affirm and acknowledge that I have received said Order of Conditions
and have read the same and understand each
(DEP File #) and every condition which has been set forth
in said Order of Conditions.
4. I hereby affirm and acknowledge that on this day of 19_
I inspected said property together with any and all improvements which have
been made to the same and hereby certify that each and every condition set
forth in Order of Conditions are presently in compliance.
(DEP File #)
5. I hereby affirm and acknowledge that this document will be relied upon by the
North Andover Conservation Commission as well as any potential buyers of
said property which is subject to said Order of Conditions
(DEP File #)
Signed under the pains and penalties of perjury this day of 19
(Signature - authorized agent of applicant or owner)
242-1601,Cotuit & Leyden Street Townhouses 13 NACC 9/26/2013
Inspection and Maintenance Manual
Construction Phase:
The BMPs associated with this project will be owned by the property owner during
construction, who will be responsible for inspection, operation and maintenance.
1. The contractor is to install and maintain drainage facilities as shown on plan.
2. Prior to construction, all erosion/siltation control devices shown on plan are to be
installed. To prevent silt intrusion into the drainage system during construction,
the contractor is to install and maintain inlet protection at all catch basins, and
set a silt fence and straw bales at all slopes which may erode in the direction of
any open drainage facilities. Such preventive measures are to be maintained
throughout the construction process.
3. Construction will follow the following construction sequence:
a. Install erosion and sediment controls as shown on plan prior to earth
moving operations.
b. Commence clearing and grubbing.
c. Cut and dispose of any debris produced during grubbing operations.
d. Perform earthwork operations. All cut and fill slopes shall be seeded and
mulched within 72 hours after being constructed. Disturbed areas should
be stabilized with grass by October 1 st, so as not to be left exposed during
winter conditions. Disturbed areas which are not stabilized with grass prior
to October 1St shall be protected by installation of erosion control blankets.
e. Install site drainage and utilities.
f. Catch basins inlets shall be protected from sediment in accordance with
the design plans. Pipe outlets of the dry detention basin shall be protected
with straw bale check dams. Erosion controls shall remain until the entire
disturbed area is sufficiently stabilized.
g. Install binder paving of driveway and parking areas.
h. Install site landscaping and permanent seeding of all disturbed areas.
i. After all seeded areas have established stable growth, all temporary
erosion control measures shall be inspected and cleaned. Silt, sediment,
and debris shall be removed from the grass swale, sediment forebay,
infiltration basin and dry detention basin prior to installing final pavement.
j. Contractor shall notify and coordinate with all authorities responsible for
inspections. It is the contractor's responsibility to obtain all required
inspection sign -offs.
4. Erosion controls are to be inspected and maintained for stability and operation
within 12 hours of each runoff -producing rainfall but in no case less than once
Drainage Report-R.doc
every week. Upon discovery of silt build-up in any catch basin sumps or other
structures, they are to be cleaned.
5. All exposed soils including soil stockpiles shall be immediately stabilized with a
layer of mulch straw or jute blankets -as needed for slopes steeper than 3:1.
6. For existing catch basin in Cotuit Street, inlet protection -as described on site
plans- shall be installed prior to beginning of construction and maintained during
all construction until ready for paving.
7. Clean silt and debris from the sediment forebay, infiltration basin and dry
detention basin prior to installing final surface treatment.
8. After paving is installed, it shall be swept clean on a regular basis.
9. All construction equipment shall be parked outside of the 100' buffer zone area
at the end of the day. All machinery found to be a potential source of a future
spill shall be removed from the construction site and repaired. Vehicles with
chronic or continuous leaks must be removed from the construction site and
repaired before returning to operations. No leaking of any material from
equipment or vehicles will be tolerated on the job site. Contractor is solely
responsible for any spills of hazardous materials and the subsequent cleanup
and disposal of waste and restoration of any contaminated areas. No refueling,
storage, servicing or maintenance of equipment shall take place within the 100'
buffer zone area. No refueling or servicing shall be done without absorbent
material or drip pans properly placed to contain spilled fuel.
Drainage Report-R.doc.
POonnon
7,
STORMWATER MANAGEMENT SYSTEM
Construction Phase Inspection and Maintenance Log
BMP/System
Component
Date of
Inspection
Inspector
Cleaning/Repair Needed
(List Items l Comments)
Date of
Cleaning /
Repair
Performed b
Pavement
Sweeping
Catch Basins
Drain
Manholes
Outlet Control
Structures
Drain Pipes
Swales
Sediment
Forebay
Infiltration
Basin
Detention
Basin
Silt Sack
Drainage Report-R.doc
Post -Development Phase:
The property owner is to be responsible for maintenance of all drainage structures in the project
including roof drains, catch basins, manholes, drain pipes and stormwater management
components. In the event of change of ownership, the 18, M requirements shall be transferred
to the new owner.
Regular inspection maintenance is to include the following:
1. Inspection of all drainage facilities (catch basins, pipes, grass swale, sediment forebay,
infiltration basin and dry detention basin) on an annual basis. During these inspections,
the inspector (a registered professional civil engineer qualified in drainage systems as
designated by the owner) shall look for evidence of the following: structural damage, silt
accumulation, and improper function. A report on the system shall be delivered to the
owner and a copy shall be kept at project site and available for inspection.
2. After inspection, if any of the above conditions exist, the inspector shall notify the owner
who shall immediately arrange for all necessary repairs and/or sediment removal.
3. The parking area is to be swept clean, as required (i.e., visually noticeable debris build-
up). A minimum of once per year, preferably just after snow melt.
4. All graded slopes shall be inspected every spring for erosion. Upon discovery of any
failure (i.e. erosion), rip-rap/loam and seed shall be put in place and nurtured. Slopes
shall be mowed on an annual basis to prevent tree growth
5. During the winter months, all snow is to be stored such that snow melt is controlled
within the paved area and enters the stormwater treatment system.
Inspection Costs
The annual costs of implementing the required inspections and maintenance outlined in the
long term pollution prevention plan are expected to be as follows:
• Quarterly inspection by a registered professional engineer
$ 500
• Annual parking lot sweeping completed by homeowner
$ 0
• Removal of trash and debris from pond areas by homeowners
$ 0
• Removal of silt from swale, forbay, and infiltration basin
$ 1000
• Annual mowing
$ 1000
• Annual catch basin cleaning (by town)
$ 0
Public Safety
The stormwater management system is designed as a passive system and when maintained
properly it should not pose any threat to public safety. Side slopes of the ponds and swales are
designed at grades which are not hazardous, water will not pond for excessive amounts of time
in the open treatment and storage devises, and the system can accommodate large storms so
that water will drain and not remain where it may be a hazard to vehicles.
Drainage Report-R.doc
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Massachusetts Department of Environmental Protection
Bureau of Resource Protection - Wetlands
WPA Form 5 - Order of Conditions
1 Massachusetts Wetlands Protection Act M.G.L. c. 131, §40
Important:
When filling
out forms on
the computer,
use only the
tab key to
move your
cursor - do not
use the return
key.
rab
A. General Information
From: North Andover
1. Conservation Commission
2. This issuance is for (check one):
3. To: Applicant:
John
a. First Name
71 Sutton Hill Road
d. Mailing Address
North Andover
e. City/Town
® Order of Conditions
Burke
b. Last Name
4. Property Owner (if different from applicant):
Robert Burke
a. First Name b. Last Name
14 Chickering Road
d. Mailing Address
North Andover
e. City/Town
5. Project Location:
Cotuit & Leyden Street
a. Street Address
Map 47
c. Assessors Map/Plat Number
Latitude and Longitude, if known (note:
electronic filers will click for GIS locator):
DEP File Number:
242-1261
❑ Amended Order of Conditions
c. Company
Essex North
MA.
01845
f. State
g. Zip Code
Estate of Robert J. Burke
7. Dates: 6/10/04
c. Company
a. Date Notice of Intent Filed
8. Final Approved Plans and Other Documents
MA.
01845
f. State
g. Zip Code
North Andover
b. City/Town
Lot 26
d. Parcel/Lot Number
e. Latitude
f. Longitude
6. Property recorded at the Registry of Deeds for (attach additional information if more than
Essex North
one parcel):
County
2
2597
b. Certificate (if registered land)
c. Book
235
7. Dates: 6/10/04
d. Page
Im2 �a��0 Y '
a. Date Notice of Intent Filed
8. Final Approved Plans and Other Documents
b. Date Public H aring Closed c. Date 6f Iss n/ce
needed):
(attach additional plan or document references as
Site Plan Lots 1-5 Cotuit Street
a. Plan Title
New England Engineering Services, Inc.
Richard C. Tangard, P. E.
b. Prepared By
c. Signed and Stamped by
6/9/04, revised 8/2/04, revised 10/12/04, revised 1" = 20'
11/15/04
e. Scale
f. Additional Plan or Document Title
s. Total WPA Fee Paid: $1,000.00
g. Date
a. Total Fee Paid
-b.-State Fee Paid c. City/Town Fee Paid
wpaform5.doc • rev. 12/1/04
Page 1 of 9
Massachusetts Department of Environmental Protection
Bureau of Resource Protection - Wetlands
WPA Form 5 - Order of Conditions
Massachusetts Wetlands Protection Act M.G.L. c. 131, §40
B. Findings
DEP File Number:
242-1261
t. Findings pursuant to the Massachusetts Wetlands Protection Act:
Following the review of the above -referenced Notice of Intent and based on the information provided
in this application and presented at the public hearing, this Commission finds that the areas in which
work is proposed is significant to the following interests of the Wetlands Protection Act. Check all that
apply:
a. ® Public Water Supply b. ❑ Land Containing Shellfish c. ® Prevention of Pollution
d. ® Private Water Supply e. ❑ Fisheries f. ® Protection of Wildlife
Habitat
g. ® Groundwater Supply h. ® Storm Damage Prevention i. ® Flood Control
2. This Commission hereby finds the project, as proposed, is: (check one of the following boxes)
Approved subject to:
® the following conditions which are necessary in accordance with the performance standards set forth
in the wetlands regulations. This Commission orders that all work shall be performed in accordance
with the Notice of Intent referenced above, the following General Conditions, and any other special
conditions attached to this Order. To the extent that the following conditions modify or differ from the
plans, specifications, or other proposals submitted with the Notice of Intent, these conditions shall
control.
Denied because:
❑ the proposed work cannot be conditioned to meet the performance standards set forth in the wetland
regulations. Therefore, work on this project may not go forward unless and until a new Notice of Intent is
submitted which provides measures which are adequate to protect these interests, and a final Order of
Conditions is issued. A description of the performance standards which the proposed work cannot
meet is attached to this Order.
❑ the information submitted by the applicant is not sufficient to describe the site, the work, or the effect
of the work on the interests identified in the Wetlands Protection Act. Therefore, work on this project may
not go forward unless and until a revised Notice of Intent is submitted which provides sufficient information
and includes measures which are adequate to protect the Act's interests, and a final Order of Conditions
is issued. A description of the specific information which is lacking and why it is necessary is
attached to this Order as per 310 CMR 10.05(6)(c).
Inland Resource Area Impacts: Check all that apply below. (For Approvals Only)
Resource Area
Proposed
Permitted
Proposed
Permitted
Alteration
Alteration
Replacement
Replacement
s. ❑
Bank
a. El
Bordering Vegetated
a. linear feet
b. linear feet
c. linear feet
d. linear feet
Wetland
a. square feet
b. square feet
c. square feet
d. square feet
5. ❑
Land Under
Waterbodies and
a. square feet
b. square feet
c. square feet
d. square feet
Waterways
e. cu.yd dredged
f. cu.yd dredged
wpaform5.doc • rev. 12/1/04
Page 2 of 9
1 y
L11Massachusetts Department of Environmental Protection
Bureau of Resource Protection - Wetlands
WPA Form 5 - Order of Conditions
Massachusetts Wetlands Protection Act M.G.L. c. 131, §40
B. Findings (cont.)
Resource Area
6. ❑ Bordering Land
Subject to Flooding
Cubic Feet Flood
Storage
7. ❑ Isolated Land Subject
Proposed Permitted
Alteration Alteration
e. cubic feet f. cubic feet
DEP File Number:
242-1261
Proposed Permitted
Replacement Replacement
d. square feet
to Flooding a. square feet b. square feet
Cubic Feet Flood
Storage c. cubic feet d. cubic feet e. cubic feet f. cubic feet
s. ❑ Riverfront area
a. total sq. feet b. total sq. feet
Sq ft within 100 ft
c. square feet d. square feet
Sq ft between 100-200 ft
e. square feet f. square feet
Coastal Resource Area Impacts: Check all that apply below. (For Approvals Only)
9. ❑ Designated Port Indicate size under Land Under the Ocean, below
Areas
10. ❑ Land Under the
Ocean a. square feet b. square feet
11.
❑
Barrier Beaches
12.
❑
Coastal Beaches
13.
❑
Coastal Dunes
14.
❑
Coastal Banks
15.
❑
Rocky Intertidal
b. square feet
c. c/y nourishmt.
Shores
16.
❑
Salt Marshes
17.
❑
Land Under Salt
Ponds
18. ❑ Land Containing
Shellfish
19. ❑ Fish Runs
20. ❑ Land Subject to
Coastal Storm Flowage
Indicate size under Coastal Banks, inland Bank, Land Under the
Ocean, and/or inland Land Under Waterbodies and Waterways,
above
a. cu.yd dredged b. cu.yd dredged
wpaform5.doc • rev. 12/1/04
Page 3 of 9
Indicate size under
Coastal Beaches and/or Coastal Dunes below
a. square feet
b. square feet
c. c/y nourishmt.
d. c/y nourishmt.
a. square feet
b. square feet
c. c/y nourishmt.
d. c/y nourishmt
a. linear feet
b. linear feet
a. square feet
b. square feet
a. square feet
b. square feet
c. square feet
d. square feet
a. square feet
b. square feet
c. cu.yd dredged
d. cu.yd dredged
a. square feet
b. square feet
c. square feet
d. square feet
Indicate size under Coastal Banks, inland Bank, Land Under the
Ocean, and/or inland Land Under Waterbodies and Waterways,
above
a. cu.yd dredged b. cu.yd dredged
wpaform5.doc • rev. 12/1/04
Page 3 of 9
Massachusetts Department of Environmental Protection
-L� J Bureau of Resource Protection - Wetlands DEP File Number:
WPA Form 5 - Order of Conditions 242-1261
Massachusetts Wetlands Protection Act M.G.L. c. 131, §40
C. General Conditions Under Massachusetts Wetlands Protection Act
(only applicable to approved projects)
1. Failure to comply with all conditions stated hereirf, and with all related statutes and other regulatory
measures, shall be deemed cause to revoke or modify this Order.
2. The Order does not grant any property rights or any exclusive privileges; it does not authorize any
injury to private property or invasion of private rights.
3. This Order does not relieve the permittee or any other person of the necessity of complying with all
other applicable federal, state, or local statutes, ordinances, bylaws, or regulations.
4. The work authorized hereunder shall be completed within three years from the date of this Order
unless either of the following apply:
a. the work is a maintenance dredging project as provided for in the Act; or
b. the time for completion has been extended to a specified date more than three years, but less
than five years, from the date of issuance. If this Order is intended to be valid for more than three
years, the extension date and the special circumstances warranting the extended time period are
set forth as a special condition in this Order.
5. This Order may be extended by the issuing authority for one or more periods of up to three years each
upon application to the issuing authority at least 30 days prior to the expiration date of the Order.
6. Any fill used in connection with this project shall be clean fill. Any fill shall contain no trash, refuse,
rubbish, or debris, including but not limited to lumber, bricks, plaster, wire, lath, paper, cardboard,
pipe, tires, ashes, refrigerators, motor vehicles, or parts of any of the foregoing.
7. This Order is not final until all administrative appeal periods from this Order have elapsed, or if such
an appeal has been taken, until all proceedings before the Department have been completed.
8. No work shall be undertaken until the Order has become final and then has been recorded in the
Registry of Deeds or the Land Court for the district in which the land is located, within the chain of title
of the affected property. In the case of recorded land, the Final Order shall also be noted in the
Registry's Grantor Index under the name of the owner of the land upon which the proposed work is to
be done. In the case of the registered land, the Final Order shall also be noted on the Land Court
Certificate of Title of the owner of the land upon which the proposed work is done. The recording
information shall be submitted to this Conservation Commission on the form at the end of this Order,
which form must be stamped by the Registry of Deeds, prior to the commencement of work.
9. A sign shall be displayed at the site not less then two square feet or more than three square feet in
size bearing the words,
"Massachusetts Department of Environmental Protection" [or, WA DEP"]
"File Number 242-1261
wpaform5.doc • rev. 12/1/04
Page 4 of 9
Massachusetts Department of Environmental Protection
Bureau of Resource Protection - Wetlands
WPA Form 5 - Order of Conditions
Massachusetts Wetlands Protection Act M.G.L. c. 131, §40
DEP File Number:
242-1261
C. General Conditions Under Massachusetts Wetlands Protection Act
10. Where the Department of Environmental Protection is requested to issue a Superseding Order, the
Conservation Commission shall be a party to all agency proceedings and hearings before DEP.
11. Upon completion of the work described herein, the applicant shall submit a Request for Certificate of
Compliance (WPA Form 8A) to the Conservation Commission.
12. The work shall conform to the plans and special conditions referenced in this order.
13. Any change to the plans identified in Condition #12 above shall require the applicant to inquire of the
Conservation Commission in writing whether the change is significant enough to require the filing of a
new Notice of Intent.
14. The Agent or members of the Conservation Commission and the Department of Environmental
Protection shall have the right to enter and inspect the area subject to this Order at reasonable hours
to evaluate compliance with the conditions stated in this Order, and may require the submittal of any
data deemed necessary by the Conservation Commission or Department for that evaluation.
15. This Order of Conditions shall apply to any successor in interest or successor in control of the
property subject to this Order and to any contractor or other person performing work conditioned by
this Order.
16.
Prior to the start of work, and if the project involves work adjacent to a Bordering Vegetated Wetland,
the boundary of the wetland in the vicinity of the proposed work area shall be marked by wooden
stakes or flagging. Once in place, the wetland boundary markers shall be maintained until a Certificate
of Compliance has been issued by the Conservation Commission.
17.
All sedimentation barriers shall be maintained in good repair until all disturbed areas have been fully
stabilized with vegetation or other means. At no time shall sediments be deposited in a wetland or
water body. During construction, the applicant or his/her designee shall inspect the erosion controls
on a daily basis and shall remove accumulated sediments as needed. The applicant shall immediately
control any erosion problems that occur at the site and shall also immediately notify the Conservation
Commission, which reserves the right to require additional erosion and/or damage prevention controls
it may deem necessary. Sedimentation barriers shall serve as the limit of work unless another limit of
work line has been approved by this Order.
Special Conditions:
If you need more
See attached
space for
additional
conditions,
select box to
attach a text
document
wpaform5.doc• rev. 12/1/04
Page 5 of 9
Massachusetts Department of Environmental Protection
Bureau of Resource Protection - Wetlands
WPA Form 5 - Order of Conditions
1 Massachusetts Wetlands Protection Act M.G.L. c. 131, §40
DEP File Number:
242-1261
D. Findings Under Municipal Wetlands Bylaw or Ordinance
1. Furthermore, the North Andover hereby finds (check one that applies):
Conservation Commission
2. ❑ that the proposed work cannot be conditioned to meet the standards set forth in a municipal
ordinance or bylaw specifically:
a. Municipal Ordinance or Bylaw b. Citation
Therefore, work on this project may not go forward unless and until a revised Notice of Intent is
submitted which provides measures which are adequate to meet these standards, and a final Order of
Conditions is issued.
s. ® that the following additional conditions are necessary to comply with a municipal ordinance or
bylaw:
North Andover Wetland Protection Bylaw Chapter 178
a. Municipal Ordinance or Bylaw b. Citation
The Commission orders that all work shall be performed in accordance with the following conditions
and with the Notice of Intent referenced above. To the extent that the following conditions modify or
differ from the plans, specifications, or other proposals submitted with the Notice of Intent, the
conditions shall control.
If you need more c. The special conditions relating to municipal ordinance or law are as follows:
space for p 9 P Y
additional See Attached
conditions,
select box to
attach a text
document
wpaform5.doc • rev. 12/1/04 Page 6 of 9
DEP FILE # 242 -1261
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.
11 GENERAL CONDITIONS
18. Failure to comply with all conditions stated herein, and with all related statutes and other
regulatory measures, shall be deemed cause to revoke or modify this Order.
19. This Order does not grant any property rights or any exclusive privileges; it does not
authorize any injury to private property or invasion of property rights. However, the
NACC, agent of the NACC or the Department of Environmental Protection (DEP)
reserves the right to enter and inspect the property at all reasonable times until a
Certificate of Compliance is issued, to evaluate compliance with this Order of Conditions,
the Act (310 CMR 10.00), the North Andover Wetland ByLaw and Regulations, and may
require any information, measurements, photographs, observations, and/or materials, or
may require the submittal of any data or information deemed necessary by the NACC for
that evaluation. Further, work shall be halted on the site if the NACC, agent or DEP
determines that any of the work is not in compliance with this Order of Conditions.
Work shall not resume until the NACC is satisfied that the work will comply and has so
notified the applicant in writing.
20. This Order does not relieve the permittee or any other person of the necessity of
complying with all other applicable federal, state or local statutes, ordinances, by-laws or
regulations.
21. The work authorized hereunder shall be completed within three years from the date of
this order.
22. This Order may be extended by the issuing authority for one or more periods of up to one
year each upon application to the issuing authority at least thirty days (30) prior to the
expiration date of the Order (Refer to Section 8.3 (p.37) of the Nortlt Andover Wetland
Regulations).
23. The NACC reserves the right to amend this Order of Conditions after a legally advertised
public hearing if plans or circumstances are changed or if new conditions or information
so warrant.
CAW inworMOCTouitandLeyden Streets. doe 1 NACC 1/13/05
DEP FILE # 242 - 1261
24. Where the Department of Environmental Protection (DEP) is requested to make a
determination and to issue a Superseding Order, the Conservation Commission shall be a
party to all agency proceedings and hearings before the Department.
25. This Order of Conditions is issued under File No. 242-1261.
26. The conditions of this decision shall apply to, and be binding upon, the applicant, owner,
its employees and all successors and assigns in interest or control. These obligations shall
be expressed in covenants in all deeds to succeeding owners of portions of the property.
27. The term "Applicant" as used in this Order of Conditions shall refer to the owner, any
successor in interest or successor in control of the property referenced in the Notice of
Intent, supporting documents and this Order of Conditions. The NACC shall be notified
in writing within 30 days of all transfers of title of any portion of property that takes place
prior to the issuance of a Certificate of Compliance.
28. The proposed work includes: the construction of four (4) duplex townhouses with
associated appurtenances, stormwater drainage structures, and site clearing and
grading located within the Buffer Zone to a Bordering Vegetated Wetlands (BVVI)
associated with an intermittent stream.
29. The work shall conform to the following (except as noted in the remainder of this
document where revisions may be required):
Notice of Intent filed by: John J. Burke (Applicant)
71 Sutton Hill Road
North Andover, MA 01845
No Date, Received June 11, 2004.
Site Plans prepared by: New England Engineering Services, Inc.
Site plans entitled, "Site Plan: Lots 1- 5 Cotuit Street" Sheets
1 of 2, dated June 9, 2004 with revisions made through
December 13, 2004.
Sheet 2 entitled, "Site Plan Details: Lots 1- 5 Cotuit Street"
dated June 9, 2004 with revisions made through December
13, 2004.
Stamped & signed by Benjamin C. Osgood, Jr., P.E.
Operation & Maintenance
Plan prepared by: Erosion Control and Maintenance Plan prepared
by New England Engineering Services, Inc.
"Drainage Report: 4 Lot Subdivision, Cotuit
Street and Leyden Street", prepared by New England
Engineering Services, Inc., dated October 12, 2004 revised
November 15, 2004.
CAW inword\OOC\CouitandLeydenStreets. doc 2 NACC 1/13/05
DEP FILE # 242 -1261
Other Documents: Review comment letter prepared by Lisa Eggleston,
Eggleston Environmental, dated November 3rd, and 30th,
2004.
Correspondence addressing Eggleston Environmental's
review comments prepared by Benjamin C. Osgood, Jr., P.E.,
New England Engineering Services, Inc., dated November
15, 2004; and December 6 and 14, 2004.
30. The following wetland resource areas are affected by the proposed work: Buffer Zone to
Bordering Vegetated Wetland (BVW). These resource areas are significant to the
interests of the Act and Town Bylaw as noted above and therein. The applicant has not
attempted to overcome the presumption of significance of these resource areas to the
identified interests.
31. The NACC agrees with the applicant's delineation of the wetland resource areas on the
site as shown on the plans dated referenced herein.
32. The NACC finds that the intensive use of the upland areas and buffer zone proposed on
this site will cause further alteration of the wetland resource areas. In order to prevent
any alteration of wetland resource areas a twenty-five foot (25') No Disturbance Zone
and a fifty -foot (50) No Construction Zone shall be established from the edge of the
adjacent wetland resource area. The Conservation Administrator 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).
33. This document shall be included in all construction contracts, subcontracts, and
specifications dealing with the work proposed and shall supersede any conflicting
contract requirements. The applicant shall assure that all contractors, subcontractors, and
other personnel performing the permitting work are fully aware of the permits terms and
conditions. Thereafter, the contractor will be held jointly liable for any violation of this
Order resulting from failure to comply with its conditions.
34. The owners of the project and their successors in title, in the event they proceed to alter
areas subject to the Commissions jurisdiction under the order,'agree that the Order does
not in itself impose upon the Town any responsibility to maintain the proposed drainage
system and that said Town shall not be liable for any damage in the event of failure. By
acceptance of this Order, the owners agree to indemnify and hold harmless to the Town
and its residents for any damage attributable to alterations undertaken on this property
pursuant to the Order.
35. Issuance of these Conditions does not in any way imply or certify that the site or
downstream areas will not be subject to flooding, storm damage or any other form of
water damage
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DEP FILE # 242 -1261
PRIOR TO CONSTRUCTION
36. No work shall be undertaken until all administrative appeal periods from this Order have
elapsed or, if such an appeal has been filed, until all proceedings before the Department
or Court have been completed.
37. This Order shall be recorded by the applicant at the Registry of Deeds immediately after
the expiration of all appeal periods. No work shall be undertaken until the Final Order
has been recorded in the Registry of Deeds or the Land Court for the district in which the
land is located, within the chain of title .of the affected property. In the case of recorded
land, the Final Order shall also be noted in the Registry's Grantor Index under the name
of the owner of the land upon which the proposed work is to be done. In the case of
registered land, the Final Order shall also be noted on the Land Court Certificate of Title
of the owner of the land upon which the proposed work is to be done. The recording
information shall be submitted to the North Andover Conservation Commission on the
form at the end of this Order prior to commencement of the work. Any Order not
recorded by the applicant before work_ commences may be recorded by the NACC at
the applicant's expense.
38. A sign shall be displayed at the site not less than two square feet or more than three
square feet in size bearing the words "Massachusetts DEP, File Number 242-1261."
39. Any changes in the submitted plans caused by the applicant, another Board's decision or
resulting from this Order of Conditions must be submitted to the NACC for approval
prior to implementation. If the NACC finds said changes to be significant, the NACC will
call for another public hearing (at the expense of the applicant). Within 21 days of the
close of said public hearing the NACC will issue an amended or new Order of Conditions.
Any errors found in the plans or information submitted by the applicant shall be
considered as changes. The proposed project may be still under review by other local or
state boards or agencies. This may result in changes to the project plans or wetland
impacts. If any such changes occur a revised plan and an explanation of the revisions shall
be submitted to the NACC for review and approval prior to the start of construction. No
work shall begin on a project until written approval has been granted by the NACC.
40. 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.
41. Prior to any work commencing on site, the applicant shall submit to the NACC for
approval, a detailed sequence of construction, including, but not limited to, the
installation of temporary and permanent erosion control devices, installation of the
stormwater drainage structures to be completed before other work begins on site, and
housing development.
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42. Wetland flagging shall be checked prior to start of construction and shall be re-established
where missing. All wetland flagging shall remain visible and enumerated per the
approved plan(s) throughout the life of the project and until a Certificate of Compliance is
issued so that erosion control measures can be properly placed and wetland impacts can
be monitored. The proposed limit of work shall be shall be clearly marked with stakes or
flags and shall be confirmed by the NACC. Such markers shall be checked and replaced
as necessary and shall be maintained until all construction is complete. Workers should
be informed that no use of machinery, storage of machinery or materials, stockpiling of
soil, or construction activity is to occur beyond this line at any time. All flags used for the
above purposes shall be of a color different from other flagging used on the site.
43. A row of staked hay bales backed by trenched siltation fence shall be placed between all
construction areas and wetlands. The erosion control barrier will be properly installed
and placed as shown on the plans approved referenced herein. The erosion control barrier
shall be inspected and approved by the NACC prior to the start of construction, and shall
remain intact until all disturbed areas have been permanently stabilized to prevent
erosion. All erosion prevention and sedimentation protection measures found necessary
during construction shall be implemented at the direction of the NACC.
44. The NACC reserves the right to impose additional conditions on portions of this project
to mitigate any impacts which could result from site erosion, or any noticeable
degradation of surface water quality discharging from the site. For example, installation
of erosion control measures may be required in areas not shown on the plan(s) referenced
in this Order of Conditions. Should such installation be required by the NACC, they shall
be installed within 48 hours of the Commissions request.
45. The applicant shall have on hand at the start of any soil disturbance, removal or
stockpiling, a minimum of 50 hay bales and sufficient stakes for staking these bales (or an
equivalent amount of silt fence). Said bales shall be used only for the control of
emergency erosion problems and shall not be used for the normal control of erosion.
46. A check payable to the Town of North Andover shall be provided in the amount of
$20,000, which shall be in all respects satisfactory to Town Counsel, Town Treasurer, and
the NACC, and shall be posted with the North Andover Town Treasurer through the
NACC before commencement of work. Said deposit of money shall be conditioned on the
completion of all conditions hereof, shall be signed by a party or parties satisfactory to the
NACC, and Town Counsel, and shall be released after completion of the project, provided
that provisions, satisfactory to the NACC, have been made for performance of any
conditions which are of continuing nature. The applicant may propose a monetary
release schedule keyed to completion of specific portions of the project for the NACC's
review and approval. This condition is issued under the authority of the local Bylaw.
47. The applicant shall be responsible for placing signs on each parcel designating the
applicable lot number as depicted on the plans approved and referenced herein.
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48. Prior to the commencement of any work on site, the corners of the foundations shall be
staked in the field by a Registered Land Surveyor (R.L.S.), which shall be verified by
Conservation Staff during the Pre -Construction meeting.
49. The applicant shall designate a Professional Wetland Scientist as the project's "Erosion
Control Monitor" (ECM) 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. This professional must submit a letter to the Conservation
Department, on company letterhead stating they have been retained as the project's
Erosion Control Monitor. The designated Erosion Control Monitor is subject to
approval by the NACC. This person shall also be given the authority to stop construction
for erosion control purposes. The ECM will be required to inspect all such devices and
oversee cleaning and the proper disposal of waste products. Cleaning shall include
removal of any entrapped silt. 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 from the EMC 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 EMC must visually inspect all
sedimentation/erosion control measures and assume responsibility for their maintenance
on a weekly basis and that they are functioning as intended. In addition, all wetland
resource areas must be visually inspected for siltation, turbidity, and/or other water
quality impacts.
50. Prior to construction, the applicant shall permanently mark the edge of the "25' No -
Disturbance Zone" with twenty two (22) signs or markers spaced evenly every 40 feet
incorporating the following text: "Protected Wetland Resource Area". This will
designate their sensitivity and assure no further inadvertent encroachment into the
wetland. These permanent markers are subject to review and approval by the NACC.
The applicant shall instruct all agents to explain these markers to
buyers/ lessees/ landscapers and all persons taking over the property from the applicant.
51. The applicant and/or the legal owner of that portion of land upon which these Orders of
Conditions have been placed shall provide to the NACC prior to transferring, or
assigning any portion of said land to another party, subject to said Orders of
Conditions, the "Compliance Certification Form Affidavit" attached via "Appendix A"
signed under the pains and penalties of perjury, stating that said applicant and/or
owner has read these Orders of Conditions and is in compliance with each and every
condition. This document shall apply to each of the conditions referenced herein and
shall be provided to the Conservation Department at least five (5) business days after to
the closing of said land transaction.
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52. Once these above mentioned pre -construction requirements are complete, the applicant
shall contact the Conservation Office prior to site preparation or construction and shall
arrange an on-site conference with an NACC representative, the contractor, the
engineer, wetland scientist and the applicant to ensure that all of the Conditions of this
Order are understood. This Order shall be included in all construction contracts,
subcontracts, and specifications dealing with the work proposed and shall supersede any
conflicting contract requirements. The applicant shall assure that all contractors,
subcontractors and other personnel performing the permitted work are fully aware of the
permit's terms and conditions. Thereafter, the contractor will be held jointly liable for any
violation of this Order of Conditions resulting from failure to comply with its conditions.
The applicant or contractor shall notify the NACC in writing of the identity of the on-site
construction supervisor hired to coordinate construction and to ensure compliance with
this Order. A reasonable period of time shall be provided as notice of the pre -
construction meeting (e.g. 72 hours).
DURING CONSTRUCTION
53. Accepted engineering and Best Management Practices (BMPs) for construction standards
shall be followed in the conduct of all work.
54. A crushed stone construction entrance shall be designated for each lot to minimize
soil/material tracking onto Cotuit and Leydon Streets. This entrance shall be
reinforced as necessary.
55. Construction of the stormwater retention basins shall be constructed and functioning
as part of the initial project phase, immediately following clearing and rough grading
of the site to serve as siltation control during construction. Runoff from the site shall be
directed towards these basins.
56. Erosion control devices shall be inspected regularly; any entrapped silt shall be removed
to an area outside of the buffer zone and wetland resource areas; silt fence and hay bales
shall be replaced as necessary. The areas of construction shall remain in stable condition
at the close of each construction day. All erosion controls shall be in place throughout the
duration of any construction on site or unless authorized by the Conservation personnel.
57. Upon beginning work, the applicant shall submit written progress report every month
detailing what work has been done in or near resource areas, and anticipated work to be
completed over the next period. This will update the construction sequence.
58. 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.
59. The Erosion Control Monitor shall be on-site during the pouring of all dwelling
foundations.
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60. IMPORTANT: Immediately upon completion of each dwelling foundation, and prior to
further construction activities associated with each lot, the applicant shall submit an
interim as -built plan for each individual lot to the Conservation Department for review.
This As -built plan shall be prepared by a Registered Land Surveyor of the
Commonwealth (R.L.S.), showing at a minimum the foundation location, sub -grading,
drainage system(s), recharge area(s) with seasonal high groundwater elevations, limits of
work and it's proximity to wetland resource areas as approved under this Order of
Conditions.
61. The sewer lines on the site shall be tested for water tightness in accordance with North
Andover DPW standards.
62. All catch basins shall contain oil/ gasoline traps, and it shall be a continuing condition of
this order, even after a Certificate of Compliance is issued, that the oil/ gasoline traps in
the catch basins be maintained. All catch basins shall be free of all accumulated silt and
debris before a Certificate of Compliance is issued and the owner or his/her agent shall
so specify in the request for Compliance.
63. The Erosion Control Monitor shall be on site during and/or following a major storm
event of 1 inch of rain or greater to ensure that soils remain stable, erosion controls are
adequate and secure, and that all BMP's are adequately functioning.
64. De -watering activities anticipated shall be supervised and witnessed by the designated
Erosion Control Monitor (ECM). This designee must be on-site while work specific to de-
watering activities are occurring and until complete. Activities shall be monitored daily
by the ECM to ensure that sediment laden water is appropriately settled prior to
discharge toward the wetland resource areas. No discharge of water is allowed directly
into an area subject to jurisdiction under the MA Wetlands Protection Act and / or the
North Andover Wetlands Bylaw. If emergency de -watering requirements arise, the
applicant shall submit a contingency plan to the Commission for approval, which
provides for the pumped water to be contained in a settling tank or basin, to reduce
turbidity prior to discharge into a resource area.
65. Any fill used in connection with this project shall be clean fill, containing no trash, refuse,
rubbish or debris, including but not limited to lumber, bricks, plaster, wire, lath, paper,
cardboard, pipe, tires, ashes, refrigerators, motor vehicles or parts on any of the
foregoing.
66. There shall be no stockpiling of soil or other materials within twenty-five (25) feet of any
resource area.
67. At the close of each workday, hay bales or other means of erosion control shall be
installed along the construction entrances to prevent sediment -laden runoff from
migrating onto Cotuit and Leydon Streets.
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68. The adjacent roadways (Cotuit & Leydon Streets) shall be swept at least once per week
or as directed by the Erosion Control monitor, the Site Supervisor, Project Manager, or
the Conservation staff for as long as the site remains exposed and unstabilized.
69. A permanent fieldstone wall shall be constructed upslope of the 25' No Disturbance
Zone, as shown on the approved plan. The wall shall be extended to the property line
in this same manner on Lot 2. In addition, the NACC finds that further protection to
the south of Lot 5 (i.e. plantings, wall, fence, etc.) is necessary to deter future
encroachment into the resource area. Therefore, the applicant shall submit to the
Conservation Department a plan detailing this area with the proposed added
protection to be approved by the Conservation Administrator. The erosion controls
shall be adjusted, if necessary, in these locations to accommodate any changes.
70. All exposed soil finish grade surfaces shall be immediately landscaped and stabilized, or
loamed, seeded and mulched, with a layer of mulch hay. All disturbed areas must be
graded, loamed and seeded prior to November 1st of each year. Outside of the growing
season, exposed soil finish grade surfaces shall be stabilized with a layer of mulch hay
until climate conditions allow for seeding. During construction, any area of exposed soils
that will be left idle for more than 30 days shall be stabilized with a layer of mulch hay or
other means approved by the NACC.
71. No re -grading in the buffer zone shall have a slope steeper than 2:1 (horizontal: vertical).
Slopes of steeper grade shall be permanently stabilized using clean, stone riprap or
biodegradable matting.
72. Equipment shall not be staged overnight within 50 -feet of a wetland resource area.
73. Washings from concrete trucks, or surplus concrete, shall not be directed to, any drainage
system, or wetland resource area.
74. All waste generated by, or associated with, the construction activity shall be contained
within the construction area, and away from any wetland resource area. There shall be no
burying of spent construction materials or disposal of waste on the site by any other
means. The applicant shall maintain dumpsters (or other suitable means) at the site for
the storage and removal of such spent construction materials off-site. However, no trash
dumpsters will be allowed within 50' of areas subject to protection under the Act or
local Bylaw.
75. 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.
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JISTORMWATER MANAGEMENT CONDITIONS
76. All construction and post -construction stormwater management structures shall be
maintained and monitored in accordance with the approved Erosion & Sedimentation
Control Plan (Operation & Maintenance Plan) included as an attachment to this Order,
approved site plans, the MA Stormwater Management Policy, and as approved by the
NACC.
77. Prior to the placement of any impervious materials on site, all drainage structures shall
be properly installed and functional. During construction, all drainage structures shall
be maintained, as outlined in the Erosion Control and Maintenance Plan as referenced
and attached herein.
78. Basins being used for sedimentation and dewatering during construction shall be
cleaned of sediment when levels exceed six (6) inches. The basins shall be cleaned of
sediment prior to final grading and planting of the pond.
79. The grass Swale associated with the retention basin on lot 4 shall be mowed at least
once per year. The height of the grass shall be a minimum of four (4) inches, in order to
effectively reduce velocity and pollutants. Grass clippings and sediment shall be
removed. This swale shall be inspected semi-annually, and shall continue in
perpetuity.
80. A trash guard shall be installed around the perimeter of the retention pond on Lot 4, as
depicted on the approved site plans referenced herein.
81. All stormwater Best Management Practices (BMPs) shall be maintained as specified in the
above-mentioned Erosion Control and Maintenance Plan, and as 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 Certificate of Compliance is issued. Compliance with the designed stormwater
management system and associated stormwater management conditions shall be
satisfied prior to the issuance of a Certificate of Compliance.
82. 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.
83. Water quality of the adjacent Bordering Vegetated Wetland (BVW) and intermittent
stream shall not differ significantly following completion of the project from the pre-
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development conditions. There shall be no sedimentation into wetlands or water bodies
from discharge pipes or surface runoff leaving the site.
84. Immediately upon the installation of the catch basins, silt sacks or equivalent to, shall
be installed under the grates to prevent / restrict sediment from entering the drainage
system or adjacent wetlands. Silt sacks shall be cleaned after any rainfall event of V or
greater or as directed by the Erosion Control Monitor, Site Supervisor, Project Manager,
or Conservation staff.
85. All catch basins shall contain oil/ gasoline traps, and it shall be a continuing condition of
this order, even after a Certificate of Compliance is issued, that the oil/ gasoline traps in
the catch basins be maintained. All catch basins shall be free of all accumulated silt and
debris before Compliance is issued and the owner or his/her agent shall so specify in the
request for Compliance. This condition will remain in perpetuity.
86. All roof runoff shall be directed to the infiltrators to provide groundwater recharge, as
shown on the approved plans referenced herein.
87. The applicants, owners, and their successors and assignees, shall maintain all culverts,
collections basins, traps, outlet structures, subsurface storage areas, and other elements of
the drainage system, unless put into an easement to the Town of North Andover, in order
to avoid blockages and siltation which might cause failure of the system and/or
detrimental impacts to on-site or off-site resource areas, and shall maintain the integrity of
vegetative cover on the site. This condition will remain in perpetuity.
88. As proposed by the applicant, a Condominium Association shall be established and be
responsible for the implementation of the Erosion Control & Maintenance Plan as
referenced and attached herein. This condition shall remain in perpetuity to this
Order. Written agreements of all conditions required in perpetuity of this Order,
inclusive of all stormwater maintenance agreements, shall be submitted to the NACC
upon completion of construction and prior to the issuance of a certificate of
compliance.
89. Prior to the issuance of the Certificate of Compliance, and the Condominium
Association assuming responsibility, the applicant shall be responsible for cleaning all
stormwater structures, in accordance with the "Erosion Control & Maintenance Plan"
and the associated stormwater management conditions referenced herein.
AFTER CONSTRUCTION
90. 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.
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91. Fertilizers utilized for landscaping and lawn care shall be slow release, low -nitrogen types
(< 5%), and shall not be used within 25 feet of a resource area. Pesticides and herbicides
shall not be used within 100 feet of a wetland resource area. Only organic fertilizers may
be used. This condition shall survive this Order of Conditions and shall run with the title
of the property. This condition is issued under the authority of the Town's Wetland
Protection Bylaw and shall remain in perpetuity.
92. Upon completion of construction and grading, all disturbed areas located outside
resource areas shall be stabilized permanently against erosion. This shall be done either
by loaming and seeding according to SCS standards. If the latter course is chosen,
stabilization will be considered complete once vegetative cover has been achieved.
93. Upon approved site stabilization by Conservation staff, the erosion controls shall be
removed and properly disposed of and all exposed areas shall be seeded.
94. 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 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.
This certification statement shall include verification that the stormwater
management system functions as designed.
i. An "As -Built" plan prepared and signed and stamped by a Registered
Professional Civil Engineer and Registered Professional Land Surveyor of the
Commonwealth, for the public record. This plan will include:
➢ "As -Built" post -development elevations of all drainage & stormwater
management structures constructed within 100 feet of any wetland resource
area. Plans shall also detail information sufficient to define the geometry
of the basins and systems, including the applicable seasonal high
groundwater elevations. The plans shall be accompanied by as -built
volumetric calculations (pre vs. post construction) NOTE: If portions of the
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stormwater systems exist partially within the Buffer Zone than the entire
structure must be depicted to accurately verify compliance.
➢ Distances from structures to wetland resource areas. Structures include (but
are not limited to) septic systems, additions, fences, sheds, stonewalls, pools,
retaining walls, subsurface utilities and decks.
➢ A line showing the limit of work and the extent of existing erosion control
devices. "Work" includes a—X disturbance of soils or vegetation.
➢ Location of all subsurface utilities entering the property.
95. The following special conditions shall survive the issuance of a Certificate of Compliance
(COC) for this project:
➢ 25' No -Disturbance Zone and a 50' No -Construction Zone shall be
established from the edge of adjacent wetland resource areas except in those
locations approved under this filing. Future work within 100' of existing
wetland resource areas will require a separate filing with the NACC. The
Conservation Administrator and/or other agents of the NACC do not have
the authority to waive these setbacks as established under the local Bylaw
(Condition #32);
➢ Discharge or spillage of pollutants (Condition #75);
➢ Maintenance of catch basins (Condition #62);
➢ Maintenance of the grass swale (Condition #79);
➢ Maintenance of all culverts, collections basins, traps, outlet structures,
subsurface storage areas, and other elements of the drainage system, unless
put into an easement to the Town of North Andover, in order to avoid
blockages and siltation, which might cause failure of the system and/or
detrimental impacts to on-site or off-site resource areas (Condition #87);
➢ The attached "Erosion Control and Maintenance Plan prepared by New
England Engineering Services, Inc. No additional filings will be required to
conduct maintenance of the above referenced system and plan.
➢ A Condominium Association shall be responsible for maintenance,
serviceability, capacity, and structural integrity of the drainage systems as
outlined in the Erosion Control & Maintenance Plan, prepared by New
England Engineering Services, Inc. (Condition #88);
➢ Prohibition of underground fuels (Condition #90);
➢ Limitations on the use of fertilizers, herbicides, and pesticides (Condition
#91).
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I,
APPENDIX A — AFFIDAVIT
(authorized agent of applicant and / or owner)
1) I am the
on oath do hereby depose and state:
(PLEASE CHECK AT LEAST ONE BLOCK)
(position with applicant)
of
the applicant upon whom the Order of Conditions
(applicant's name)
(DEP or NACC File #)
have been
placed upon by the North Andover Conservation Commission (NACC).
2) I am the
(position with owner)
and / or
of
(owner)
the owner upon whose land Order of Conditions
(DEP or NACC File #)
placed upon by the NACC.
have been
♦ I hereby affirm and acknowledge that I have received said Order of Conditions and
have read the same and understand each and every condition, which has been set
forth in said Order of Conditions.
♦ I hereby affirm and acknowledge that on this day of
20___, I inspected said property together with any and
all improvements, which have been made to the same. and hereby certify that each
and every condition set forth in the Order of Conditions are presently in
compliance.
♦ I hereby affirm and acknowledge that this document will be relied upon by the
NACC, as well as any potential buyers of said property, which is subject to the
Order of Conditions.
Signed under the pain and penalties of perjury this day of
20
(Authorized agent of applicant or owner)
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9
COTUIT AND LEYDEN STREET
EROSION CONTROL AND MAINTINANCE PLAIJECENED
NOV 16 2004
NORTH ANDOVER
Erosion control during construction: CONSERVATION COMMISSION
Construction at the proposed Cotuit and Leyden Street subdivision is limited to the
wetland buffer zone resource area. The requirement of having a 25 foot no cut zone and a
50 foot no build zone is the first item in the erosion control plan. When construction is
located at a distance from the wetland that allows for a greater distance between the work
area and the resource area the chances of siltation in to the resource area or intrusion in to
the area by construction crews is decreased.
Prior to the start of construction a row of double staked haybales backed by siltation
fence will be installed between the work area and the wetland. This row of erosion
control will prevent any siltation of soil in to the wetlands as well as provide a barrier
preventing construction vehicles from entering the wetland. In case of an emergency
situation a stockpile of haybales, silt fence, and stakes will remain on site during
construction.
All areas will be loamed and seeded upon completion of grading. Erosion control will
remain in place until the site is stabilized. The site will be constructed in a manner that
will minimize the amount of un -stabilized land exposed at any one time. In the event of
construction being done during the winter months, the detention pond slopes would be
stabilized with an erosion control matting. The outlets of the detention ponds would be
fitted with erosion control fabric over a slotted riser to allow the ponds to be used as a
settling basin during construction.
Long term maintenance plan
Once the site is stabilized with grass and a certificate of compliance is issued the
maintenance of the site would become the responsibility of the homeowners.
Maintenance of the buffer zone areas and the side slopes of the pond would be
maintained by the owners of the lots. The drainage structures would be maintained by the
owners of the lots through a condominium association. Maintenance would include
cleaning the deep sump catch basins every spring and inspection the condition of the
forebays and wet ponds.
The inspection of the forebays and the wet ponds shall be done by a qualified individual
who shall recommend what maintenance steps should be taken to keep the system
operating properly. Recommendations shall be made to the homeowners association as
well as the conservation commission.
Maintenance items that may need to be done on a regular basis would be cutting back any
woody vegetation growing on the banks of the pond and trimming the grass several times
per year. In the event the forebays contain a buildup of sediment they would have to be
cleaned. This is not expected to occur on a regular basis however they may need to be
cleaned every few years. In the event the wet ponds become chocked with vegetation and
dead matter they will have to be cleaned to restore the volume capacity to provide proper
sediment. This condition is not expected to occur more often than every ten years.
LlMassachusetts Department of Environmental Protection
Bureau of Resource Protection - Wetlands
WPA Form 5 - Order of Conditions
Massachusetts Wetlands Protection Act M.G.L. c. 131, §40
E. Issuance
DEP File Number:
242-1261
This Order is valid for three years, unless otherwise specified as a special 110, 5
condition pursuant to General Conditions #4, from the date of issuance. t. Date of Issu6nce
Please indicate the number of members who will sign this form: T
This Order must be signed by a majority of the Conservation Commission. 2. Number of signers
The Order must be mailed by certified mail (return receipt requested) or hand delivered to the applicant. A
copy also must be mailed or hand delivered the same time to the appropriate Department of
Environmental Protection Regional Office, i not filing electronically, and the pro wner, if different
from applicant. _
Signatures:
i
Notary Acknowledgement
Commonwealth of Massachusetts County of
�� �h
On this Day
Before me, the undersigned Notary Public,
personally appeared
Essex North
of 2 005
Month Year
Name of Document Signer
proved to me through satisfactory evidence of identification, which was/were
Description of evidence of identification
to be the person whose name is signed on the preceding or attached document, and acknowledged to
me that he/she signed it voluntarily for its stated purpose.
As member of North Andover
DONNA f,^. WEDGE
N01t' 11 UC
COMMONWEAL', SS
My Comm. Exp—.s Aug. r�
CityrFown
Place notary seal and/or any stamp above
This Order is issued to the applicant as follows:
❑ by hand delivery on
Date
MOGA & `ai�e - 00Ai$i1i11110 VI V•1 it
//�L' /.
Si nature of Notary Public
664 A & l.,Je&4c.e--
Printed Name of Nory Public
k'l I/i00 9
My Commistion JZxpires (Date)
❑ by certified mail, return receipt requested, on
Date
wpaform5.doc • rev. 12/1/04 Page 7 of 9
l J,
Massachusetts Department of Environmental Protection
Bureau of Resource Protection - Wetlands
WPA Form 5 - Order of Conditions
Massachusetts Wetlands Protection Act M.G.L. c. 131, §40
F. Appeals
DEP File Number:
242-1261
The applicant, the owner, any person aggrieved by this Order, any owner of land abutting the land subject
to this Order, or any ten residents of the city or town in which such land is located, are hereby notified of
their right to request the appropriate DEP Regional Office to issue a Superseding Order of Conditions.
The request must be made by certified mail or hand delivery to the Department, with the appropriate filing
fee and a completed Request of Departmental Action Fee Transmittal Form, as provided in 310 CMR
10.03(7) within ten business days from the date of issuance of this Order. A copy of the request shall at
the same time be sent by certified mail or hand delivery to the Conservation Commission and to the
applicant, if he/she is not the appellant.
The request shall state clearly and concisely the objections to the Order which is being appealed and how
the Order does not contribute to the protection of the interests identified in the Massachusetts Wetlands
Protection Act, (M.G.L. c. 131, § 40) and is inconsistent with the wetlands regulations (310 CMR 10.00).
To the extent that the Order is based on a municipal ordinance or bylaw, and not on the Massachusetts
Wetlands Protection Act or regulations, the Department has no appellate jurisdiction.
Section G, Recording Information is available on the following page.
wpaform5.doc • rev, 12/1/04 Page 8 of 9
Massachusetts Department of Environmental Protection
Bureau of Resource Protection - Wetlands
WPA Form 5 - Order of Conditions
Massachusetts Wetlands Protection Act M.G.L. c. 131, §40
DEP File Number:
242-1261
G. Recording Information
This Order of Conditions must be recorded in the Registry of Deeds or the Land Court for the district in
which the land is located, within the chain of title of the affected property. In the case of recorded land, the
Final Order shall also be noted in the Registry's Grantor Index under the name of the owner of the land
subject to the Order. In the case of registered land, this Order shall also be noted on the Land Court
Certificate of Title of the owner of the land subject to the Order of Conditions. The recording information
on Page 7 of this form shall be submitted to the Conservation Commission listed below.
North Andover
Conservation Commission
Detach on dotted line, have stamped by the Registry of Deeds and submit to the Conservation Commission.
---------------------------------------------------------------------------------------------------------------------------
To:
North Andover
Conservation Commission
Please be advised that the Order of Conditions for the Project at:
242-1261
Project Location DEP File Number
Has been recorded at the Registry of Deeds of:
County Book Page
for:
Property Owner
and has been noted in the chain of title of the affected property in:
Book Page
In accordance with the Order of Conditions issued on:
Date
If recorded land, the instrument number identifying this transaction is:
Instrument Number
If registered land, the document number identifying this transaction is:
Document Number
Signature of Applicant
wpaform5.doc • rev. 12/1/04 Page 9 of 9