HomeMy WebLinkAboutMiscellaneous - Molly Towne Road�A
Massachusetts Department of Environmental Protection
ILIBureau of Resource Protection - Wetlands DEP File Number:
WPA Form 813 — Certificate of Compliance 242-1296
Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 Provided by DEP
wpafrm8b.doc • rev. 5/29/14
WPA Form 8B, Certificate of Compliance • Page 1 of 3
A. Project Information
Important:
When filling out
1.
This Certificate of Compliance is issued to:
forms on the
computer, use
North Andover Realty Corporation
only the tab key
Name
to move your
66 Spring Hill Road
cursor - do not
use the return
Mailing Address
key.
North Andover MA 01845
City/Town State Zip Code
2.
This Certificate of Compliance is issued for work regulated by a final Order of
Conditions issued to:
Christina Minnicucci, Chestnut Development
Name
June 22, 2005 242-1296
Dated DEP File Number
3.
The project site is located at:
Molly Towne Road North Andover
Street Address City/Town
Map 38 & Map 65 Parcels 41, 24, & 33
Assessors Map/Plat Number Parcel/Lot Number
the final Order of Condition was recorded at the Registry of Deeds for:
Emily & Lorraine Kozdras
Property Owner (if different)
Essex Northern 9631 84
County Book Page
Certificate
4.
A site inspection was made in the presence of the applicant, or the applicant's agent,
on:
12/2/14
Date
wpafrm8b.doc • rev. 5/29/14
WPA Form 8B, Certificate of Compliance • Page 1 of 3
Massachusetts Department of Environmental Protection
Bureau of Resource Protection - Wetlands DEP File Number:
WPA Form 8B — Certificate of Compliance 242-1296
Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 Provided by DEP
B. Certification
Check all that apply:
® Complete Certification: It is hereby certified that the work regulated by the
above -referenced Order of Conditions has been satisfactorily completed.
❑ Partial Certification: It is hereby certified that only the following portions of work
regulated by the above -referenced Order of Conditions have been satisfactorily
completed. The project areas or work subject to this partial certification that have
been completed and are released from this Order are:
❑ Invalid Order of Conditions: It is hereby certified that the work regulated by the
above -referenced Order of Conditions never commenced. The Order of
Conditions has lapsed and is therefore no longer valid. No future work subject to
regulation under the Wetlands Protection Act may commence without filing a new
Notice of Intent and receiving a new Order of Conditions.
® Ongoing Conditions: The following conditions of the Order shall continue:
(Include any conditions contained in the Final Order, such as maintenance or
monitoring that should continue for a longer period).
Condition Numbers:
101
C. Authorization
Issued by:
North Andover
Conservation Commission
Dat of I suance
This Certificate must be signed by a majority of the Conservation Commission and a
copy sent to the applicant and appropriate DEP Regional Office (See
http://www mass gov/eea/agencies/massdep/about/contacts/find-the-massdep-
reg ionai-office-for-your-city-or-town. html).
wpafrm8b.doc • rev. 5/29/14
WPA Form 813, Certificate of Compliance • Page 2 of 3
• a
LlMassachusetts Department of Environmental Protection
Bureau of Resource Protection - Wetlands DEP File Number:
WPA Form 8B — Certificate of Compliance 242-1296
Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 Provided by DEP
D. Recording Confirmation
The applicant is responsible for ensuring that this Certificate of Compliance is recorded in
the Registry of Deeds or the Land Court for the district in which the land is located.
Detach on dotted line and submit to the Conservation Commission.
To:
North Andover
Conservation Commission
Please be advised that the Certificate of Compliance for the project at:
Molly Towne Road 242-1296
Project Location DEP File Number
Has been recorded at the Registry of Deeds of:
for:
Essex Northern
County
North Andover Realty Corporation
Property Owner
and has been noted in the chain of title of the affected property on:
Date
Book Page
If recorded land, the instrument number which identifies this transaction is:
If registered land, the document number which identifies this transaction is:
wpafrm8b.doc • rev. 5/29/14
Document Number
Signature of Applicant
WPA Form 8B, Certificate of Compliance - Page 3 of 3
NORTH
O� �v-10
O
O t�
t
IL n Oy
y
T �•O COCNI[ IWK11 .1'
CONSERVATION DEPARTMENT
Community Development Division
Modification to Order of Conditions
The NORTH ANDOVER CONSERVATION COMMISSION agreed to accept
Applicant:
lei
as a Modification to the Order of Conditions issued in File 242- t a Yeo dated _G'/,9,21 a•S and
recorded in Book f/ �-?,? >v and page !�? S"
Issued bViie YORTH ANDOVER CONSERVATION COMMISSION:
On this A i *h of v, Mrd; 3 before me personally appeared Louis Napoli tome
day month/yr
known to be the person described in and who executed the forgoing instrument and
acknowledged that he/she executed the same as his/her free act and deed.
Notary Public My Commission Expires
�e
DONNA M. WEDGE
Wuev weuc
�K7HoFrussnanUSM
My Camm E*=duy 15, 2016
1600 Osgood Street, North Andover, Massachusetts 01845
Phone 978.688.9530 Fax 978.688.9542 Web www.townofnorthandover.com
DEP FILE # 242 —1296 (Minor Modification 8-14-13)
On August 14, 2013, the NACC voted unanimously to issue a minor modification to the
below Order of Conditions. The minor modification was issued when the applicant
proposed to remove a house lot from the subdivision resulting in a change in the lot
numbers. The revised plan and the new lot numbers are referenced in the Order of
Conditions below. Any changes further changes to individual lot development must be
approved by the NACC.
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
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 except those
specifically stated in condition 20 herein. However, the NACC, agent of the NACC or the
Department of Environmental Protection (DEP) reserves the right to enter and inspect the
property at all reasonable times until a Certificate of Compliance is issued, to evaluate
compliance with this Order of Conditions, the Act (310 CMR 10.00), the North Andover
Wetland ByLaw and Regulations, and may require any information, measurements,
photographs, observations, and/or materials, or may require the submittal of any data or
information deemed necessary by the NACC for that evaluation. Further, work shall be
halted on the site if the NACC, agent or DEP determines that any of the work is not in
compliance with this Order of Conditions. Work shall not resume until the NACC is
satisfied that the work will comply and has so notified the applicant in writing.
20. This Order does not relieve the permittee or any other person of the necessity of complying
with all other applicable federal, state or local statutes, ordinances, by-laws or regulations.
21. The work authorized hereunder shall be completed within three years from the date of this
order.
22. This Order may be extended by the issuing authority for one or more periods of up to one
year each upon application to the issuing authority at least thirty days (30) prior to the
expiration date of the Order (Refer to Section 8.3 (p.37) of the North Andover Wetland
Regulations).
242-1296 Autumn Chase (Molly Towne) — Minor Mod 1 NACC 8/27/2013
DEP FILE # 242 —1296 (Minor Modification 8-14-13)
23. The NACC reserves the right to amend this Order of Conditions after a legally advertised
public hearing if plans or circumstances are changed or if new conditions or information so
warrant.
24. Where the Department of Environmental Protection (DEP) is requested to make a
determination and to issue a Superseding Order, the Conservation Commission shall be a
party to all agency proceedings and hearings before the Department.
25. This Order of Conditions is issued under File No. 242-1296.
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 two single family homes (lots 15A & 16)
with associated grading, utilities, appurtenances (sewer/water), stormwater management
structures (on Parcel A and Lots 12A & 13A), portions of a cul-de-sac roadway, and
4, 542 s.f. of wetland replication activities located within the buffer zone to a bordering
vegetated wetland and two isolated vegetated wetlands jurisdictional under the local
bylaw only. Proposed work is associated with a 16 -lot subdivision Planned Residential
Development (PRD) with associated usable Open Space (10 acres) located outside of the
Buffer Zone.
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: Chestnut Realty Development, LLC. (Applicant)
231 Sutton Street
P.O. Box 907
North Andover, MA 01845
Dated January 14, 2005
Prepared by: West Environmental
122 Mast Road, Suite 6
Lee, NH 03824
Merrimack Engineering Services
66 Park Street
Andover, MA 01810
Site Plans prepared by: Merrimack Engineering Services
242-1296 Autumn Chase (Molly Towne) — Minor Mod 2 NACC 8/27/2013
DEP FILE # 242 -1296 (Minor Modification 8-14-13)
66 Park Street
Andover, MA 01810
Entitled, "Autumn Chase - A Single Family Subdivision"
Sheets 1-17, dated December 1, 2004 with revisions made
through June 7, 2005.
Stamped & Signed by Stephen E. Stapinski, R.L.S. & Daniel
Koravos, P.E.
Other Reports, Plans &
Documents: Report entitled, "Project Report on Drainage & Sedimentation
Control", dated December 14, 2004, Revised through May 4,
2005, prepared by Merrimack Engineering Services, Inc.; Report
includes Stormwater Operation and Maintenance Procedures
(Section 6.5);
Plans entitled "Pre -Development Drainage Area Map" & "Post -
Development Drainage Area Map", dated December 13, 2004,
Revised 3/8/05 prepared by Merrimack Engineering Services,
Inc.;
Autumn Chase - "Soil Logs, Earthwork Calculations - Lot
Calculations", dated December 16, 2004,
Review letter prepared by Lisa Eggleston,
Eggleston Environmental dated May 2,2005;
Response letter prepared by Stephen E. Stapinski, PLS,
Merrimack Engineering dated May 4,2005;
Review letter prepared by Lisa Eggleston, Eggleston
Environmental dated May 17,2005;
Wetland Replication Plan in Memorandum form prepared by
West Environmental dated June 6,2005;
E-mail from Jack Devlin dated January 14,2005;
E-mail from Heidi Griffin dated January 14,2005;
Letter from Robert Levy of Eckert Seamans dated January 11,
2005;
Letter from James Demotses of Martins & Demotses, LLP dated
March 14, 2005;
242-1296 Autumn Chase (Molly Towne) — Minor Mod 3 NACC 8/27/2013
DEP FILE # 242 —1296 (Minor Modification 8-14-13)
Request for Modification Letter from Phillip G. Christiansen
dated August 7,2013;
Site Plan for #68 Molly Town Road (Lot 13A Autumn Chase),
Date: August 6,2013;
Plan of Land Located in North Andover, MA, Date: 12/19/12.
30. The following wetland resource areas are affected by the proposed work: Buffer Zone to
Bordering Vegetated Wetland (BVW) and Isolated Vegetated Wetland (IVW). These
resource areas are significant to the interests of the Act and Town Bylaw as noted above and
therein. The applicant has not attempted to overcome the presumption of significance of
these resource areas to the identified interests.
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 except for a portion of the roadway as shown on the approved site
plans referenced herein. This will impact approximately 2,271 s.f of the 25 foot No -
Disturbance zone. 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. The NACC hereby grants the applicant a waiver for a portion of the roadway within the
regulated 25' No Disturbance Zone of an isolated wetland resource area, which will
impact approximately 2,271 s.f. The applicant is limited to the use of the proposed layout
of Molly Towne Road, which closely follows the existing gravel Molly Towne roadway.
Specifically, the applicant has shifted the proposed paved roadway to the greatest extent
practicable away from the resource area. Also, by shifting the roadway away from the
resource area, the applicant proposed to abandon the existing gravel roadway and convert
it to higher quality buffer zone. However, the NACC continued to identify specific
concern that snow plowing/stockpiling would have repetitive, permanent, and significant
impacts to this isolated resource area. Given that the applicant is proposing to exercise
great care in avoidance, minimization, mitigation to this impact, the NACC hereby
requires a 2:1 wetland replication area to be constructed connecting to the second isolated
wetland resource area at wetland flags 165 through 167 and as shown on the approved
plan referenced and dated herein.
34. The NACC finds the applicant's proposal for 4,542 s.q. ft. of wetland replication to be
adequate. The replication areas shall be constructed prior to other construction activity on
site and this sequence shall be reflected in the construction sequence. (Refer to Section 8.3
(p.37) of the local Regulations for performance standards). Wetland Replication activities
242-1296 Autumn Chase (Molly Towne) — Minor Mod 4 NACC 8/27/2013
DEP FILE # 242 —1296 (Minor Modification 8-14-13)
shall be conducted in accordance with the approved Replication plan and report
referenced and dated herein.
35. A qualified wetland scientist or botanist shall monitor the replication area for two (2)
consecutive growing seasons (spring and fall) upon installation of the plantings. At the
end of each inspection, a progress report of the relative success or failure of the
restoration efforts must be prepared by the wetland scientist or botanist, and submitted to
the North Andover Conservation Commission (NACC). A total of FOUR separate
monitoring reports for the replication area shall be submitted over a two-year period. If at
the end of the second growing season, overall success of replication activities is not
achieved, the NACC reserves the rights to require additional mitigation measures.
36. This document shall be included in all construction contracts, subcontracts, and
specifications dealing with the work proposed and shall supersede any conflicting contract
requirements. The applicant shall assure that all contractors, subcontractors, and other
personnel performing the permitting work are fully aware of the permits terms and
conditions. Thereafter, the contractor will be held jointly liable for any violation of this
Order resulting from failure to comply with its conditions.
37. The owners of the project and their successors in title, 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.
38. Issuance of these Conditions does not in any way imply or certify that the site or
downstream areas will not be subject to flooding, storm damage or any other form of water
damage
PRIOR TO CONSTRUCTION
mmmmi
39. 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.
40. This Order of Conditions includes an operations and maintenance (O&M) plan that was
proposed by the applicant and approved by the NACC. Under the approved O&M plan
frequent access (foot traffic as well as large equipment) must be granted to the stormwater
management areas located to the rear of Lots 8, 9, 10,12A and 13A. Said access must be allowed
by virtue of permanent drainage easement(s).
a) The applicant has shown a "Proposed Drainage Easement" located upon PARCEL A and
extending upon some 300 feet across the rear of Lots 6, 7, and 8. This easement is twenty feet
242-1296 Autumn Chase (Molly Towne) — Minor Mod 5 NACC 8/27/2013
DEP FILE # 242 —1296 (Minor Modification 8-14-13)
wide and is generally proposed to be planted lawn with the exception of a 12' by 20' area
(adjacent to the street), which proposes a 12" thick gravel layer beneath the lawn turf. Given
the remote route of access proposed by the easement, and the fact that a more direct access
route is available and viable, and the fact that frequent inspections and maintenance is
necessary by virtue of the applicant's propose O&M Plan, the NACC finds that the
proposed drainage access easement is inadequate with regard to location and design
specification. Therefore, the applicant shall not undertake any construction activity until
such time as the applicant submits to the NACC for approval an alternative drainage
easement (located between Lots 8 and 9) that will provide direct, and serviceable access to
the stormwater management area so that the approved O&M Plan can be successfully
carried out. Said easement shall include a detailed construction specification that will
allow vehicular (small and large trucks, and mechanized equipment) access to the
stormwater management area upon a durable surface that resists repetitive damage such
as that which is likely to be inflicted by wheeled and tracked vehicles upon a grassed
lawn or garden area.
b) The applicant has shown a "Proposed Drainage Easement" located upon Lot 15A. This
easement is twenty feet wide and is generally proposed to be planted lawn with the
exception of a 12' by 20' area (adjacent to the street), which proposes a 12" thick gravel layer
beneath the lawn turf. Given the fact that frequent inspections and maintenance is necessary
by virtue of the applicant's propose O&M Plan, the NACC finds that the proposed drainage
access easement is inadequate with regard to design specification. Therefore, the
applicant shall not undertake any construction activity until such time as the applicant
submits to the NACC for approval an alternative drainage easement construction design
specification that will provide direct, and serviceable access to the stormwater
management area so that the approved O&M Plan can be successfully carried out. Said
detailed construction specification will allow vehicular (small and large trucks, and
mechanized equipment) access to the stormwater management area upon a durable
surface that resists repetitive damage such as that which is likely to be inflicted by
wheeled and tracked vehicles upon a grassed lawn or garden area
41. This Order shall be recorded by the applicant at the Registry of Deeds immediately after
the expiration of all appeal periods. No work shall be undertaken until the Final Order has been
recorded in the Registry of Deeds or the Land Court for the district in which the land is located,
within the chain of title of the affected property. In the case of recorded land, the Final Order
shall also be noted in the Registry's Grantor Index under the name of the owner of the land
upon which 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.
42. A sign shall be displayed at the site not less than two square feet or more than three square
feet in size bearing the words "Massachusetts DEP, File Number 2424296."
242-1296 Autumn Chase (Molly Towne) — Minor Mod 6 NACC 8/27/2013
DEP FILE # 242 —1296 (Minor Modification 8-14-13)
43. 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.
44. 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.
45. 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.
46. 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.
47. 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, except between the replication area
and the resource area where trenched silt fence ONLY shall be installed in locations as
directed by the Erosion Control Monitor or the Conservation Administrator. In addition, the
erosion controls a depicted on the approved plans shall be extended along the existing tree
line behind lot 11 so that they connect to the proposed erosion controls behind lot 12A. 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.
242-1296 Autumn Chase (Molly Towne) — Minor Mod 7 NACC 8/27/2013
DEP FILE # 242 —1296 (Minor Modification 8-14-13)
48. 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.
49. 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.
50. A check payable to the Town of North Andover shall be provided in the amount of $21,000
($3,000/ lot - $6000, drainage & stormwater structures - $2,000, replication activities - $13,000),
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.
51. 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.
52. 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.
53. Prior to the commencement of any work on site, the applicant shall submit the final
Streetscape & Buffer and Easement plans to the Conservation Department for review and
approval.
54. 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
242-1296 Autumn Chase (Molly Towne) — Minor Mod 8 NACC 8/27/2013
DEP FILE # 242 —1296 (Minor Modification 8-14-13)
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. Weekly Monitoring reports are not required for any non -
jurisdictional work unrelated to the activities as defined and approved under this Order. 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.
55. Prior to construction, the applicant shall permanently mark the edge of the "25' No -
Disturbance Zone" with forty seven (47) 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 and shall be installed at
locations determined by the Conservation Administrator. The applicant shall instruct all
agents to explain these markers to buyers/lessees/landscapers and all persons taking over the
property from the applicant.
56. 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 tc
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.
57. 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
242-1296 Autumn Chase (Molly Towne) — Minor Mod 9 NACC 8/27/2013
DEP FILE # 242 —1296 (Minor Modification 8-14-13)
58. Accepted engineering and Best Management Practices (BMPs) for construction standards
shall be followed in the conduct of all work.
59. A crushed stone construction entrance shall be designated for each lot to minimize
soil/material tracking in accordance with the standards and specifications set forth in the
approved Project Report on Drainage & Sedimentation Control referenced herein (section 6,
page 12). This entrance shall be maintained and reinforced as necessary.
60. 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.
61. 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.
62. 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.
63. The Erosion Control Monitor shall be on-site during the pouring of the dwelling
foundations.
64. The Erosion Control Monitor shall be on site during wetland replication activities.
65. 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 jurisdictional 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.
66. The sewer lines on the site shall be tested for water tightness in accordance with North
Andover DPW standards.
67. 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.
68. 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.
242-1296 Autumn Chase (Molly Towne) —Minor Mod 10 NACC 8/27/2013
DEP FILE # 242 —1296 (Minor Modification 8-14-13)
69. 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.
70. 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.
71. There shall be no stockpiling of soil or other materials within twenty-five (25) feet of any
resource area.
72. The roadways 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.
73. A permanent fieldstone wall shall be constructed upslope of the 25' No Disturbance Zone
on Lot 15A and portions of Lot 16 as shown on the approved plan referenced herein. In
addition a 48" high post and rail fence shall be installed on lot 16 in the location as depicted
on the approved plan referenced herein.
74. All exposed soil finish grade surfaces shall be immediately landscaped and stabilized, or
loamed, seeded and mulched, with a layer of mulch hay. All disturbed areas must be graded,
loamed and seeded prior to November 1St of each year. Outside of the growing season,
exposed soil finish grade surfaces shall be stabilized with 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.
75. 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.
76. Equipment shall not be staged overnight within 50 -feet of a wetland resource area.
77. Washings from concrete trucks, or surplus concrete, shall not be directed to, any drainage
system, or wetland resource area.
78. 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
242-1296 Autumn Chase (Molly Towne) — Minor Mod 11 NACC 8/27/2013
DEP FILE # 242 —1296 (Minor Modification 8-14-13)
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.
79. 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.
STORMWATER MANAGEMENT CONDITIONS
80. All construction and post -construction stormwater management structures shall be
maintained and monitored in accordance with the approved Operation and Maintenance
Procedures plan included as an attachment to this Order, approved site plans, the MA
Stormwater Management Policy, and as approved by the NACC.
81. 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.
82. Construction of the stormwater detention 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.
83. The two detention basins shall be designed & constructed in accordance with the
approved revised plans referenced herein. In addition, trash rack protection devises shall be
installed at the v -notch weir outlets also in accordance with the approved plan details.
84. Roof drain cisterns shall be installed on each lot for additional subsurface infiltration in
accordance with the approved plan details.
85. Temporary and/or permanent basins being used for sedimentation and dewatering during
construction shall be cleaned of sediment when levels exceed six (6) inches. The basins shall
be cleaned of sediment prior to final grading and construction of permanent stormwater
basins.
86. 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
242-1296 Autumn Chase (Molly Towne) — Minor Mod 12 NACC 8/27/2013
DEP FILE # 242 —1296 (Minor Modification 8-14-13)
stormwater management conditions shall be satisfied prior to the issuance of a Certificate of
Compliance.
87. 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.
88. Water quality of the adjacent Bordering Vegetated Wetland (BVW) and intermittent stream,,
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.
89. 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.
90. All roof runoff shall be directed to the infiltrators to provide groundwater recharge, as
shown on the approved plans referenced herein.
91. 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.
92. Prior to the issuance of the Certificate of Compliance, the applicant shall be responsible
for cleaning all stormwater structures, in accordance with the Operation & Maintenance
Procedures Plan and the associated stormwater management conditions referenced and
attached herein.
AFTER CONSTRUCTION
93. 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.
94. 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.
242-1296 Autumn Chase (Molly Towne) — Minor Mod 13 NACC 8/27/2013
DEP FILE # 242 —1296 (Minor Modification 8-14-13)
This condition is issued under the authority of the Towns Wetland Protection Bylaw and shall
remain in perpetuity.
95. Two (2) Permanent signs designating "No -Salt Zone" and "No -Snow Stockpiling Zones"
shall be displayed at the cul-de-sac roadway (3 and 5 o'clock locations) and are subject to
review and subsequent approval by the NACC or Agent thereof.
96. No less than 40 Open Space markers shall be purchased by the applicant from Quality
Name Plate, Inc. or other equivalent manufacturer. Said markers shall be installed evenly
throughout the designated Open space areas as directed by the Erosion Control Monitor
and/or the Conservation Agent. Information regarding the purchasing from Quality Name
Plate, Inc. can be obtained by contacting the Conservation Department.
97. Prior to the issuance of the Certificate of Compliance, the applicant shall submit to the
Conservation Department an Affidavit from the Department of Public Works acknowledging
the Operation & Maintenance responsibilities of the stormwater management systems in
accordance with the approved Operation & Maintenance Plan referenced and attached
herein. This affidavit must be submitted prior to Town street acceptance at Town Meeting.
98. 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.
99. Upon approved site stabilization by Conservation staff, the erosion controls shall be
removed and properly disposed of and all exposed areas shall be seeded.
100. 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
242-1296 Autumn Chase (Molly Towne) — Minor Mod 14 NACC 8/27/2013
DEP FILE # 242 —1296 (Minor Modification 8-14-13)
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 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� disturbance of soils or
vegetation.
➢ Location of all subsurface utilities entering the property.
101. 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 #79);
➢ Maintenance of catch basins (Condition #89);
➢ 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 #91);
242-1296 Autumn Chase (Molly Towne) — Minor Mod 15 NACC 8/27/2013
DEP FILE # 242 —1296 (Minor Modification 8-14-13)
➢ The attached "Erosion Control and Maintenance Procedures" Plan
prepared by Merrimack Engineering Services, Inc. (Section 6.5). No
additional filings will be required to conduct maintenance of the
above referenced system and plan.
➢ Prohibition of underground fuels (Condition #93);
➢ Limitations on the use of fertilizers, herbicides, and pesticides
(Condition # 94).
242-1296 Autumn Chase (Molly Towne) — Minor Mod 16 NACC 8/27/2013
DEP FILE # 242 —1296 (Minor Modification 8-14-13)
I,
1)
APPENDIX A - AFFIDAVIT
on oath do hereby depose and state:
(authorized agent of applicant and / or owner)
I am the
(PLEASE CHECK AT LEAST ONE BLOCK)
(position with applicant)
of
(applicant's name)
the applicant upon whom the Order of Conditions have been
(DEP or NACC File #)
placed upon by the North Andover Conservation Commission (NACC).
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)
242-1296 Autumn Chase (Molly Towne) — Minor Mod 17 NACC 8/27/2013