HomeMy WebLinkAboutPermits #242-1737 - 384 OSGOOD STREET 7/17/2018 Massachusetts Department of Environmental Provided by MassDEP:
Protection MassDEP File#:242-1737
Bureau of Resource Protection-Wetlands eDEP Transaction#:10281 Of
WI'A Form 5-Order of Conditions 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. 1y OOC b.r Amended OOC
3.Applicant Details
a.First Name JAMES b.Last Name STANFORD
c.Organization NORTH ANDOVER DPW
d.Mailing Address 384 OSGOOD STREET
e.City/Town NORTH ANDOV:F;R f.State MA g.Zip Code 01845
4.Property Owner
a.First Name b.bast Name
c.Organization TOWN OF NORTH ANDOVER
d.Mailing Address 120 MAIN STREET
e.City/Town NORTH ANDOVER f. State MA g.Zip Code 01845
5.Project Location
a.Street Address VARIOUS STREETS
b.City/Town NORTH ANDOVER C.Zip Code 01845
d.Assessors 0 e.Parcel/Lot# 0
Map/Plat#
f Latitude 42.69342N g.Longitude 71.13850W
6.Property recorded at the Registry of Deed for:
a.County b.Certificate c.Book d.Page
NORTHEP.N ESSEX N/A N/A
7.Dates
a.Date NOI Filed: 6/4/2018 b.Date Public Hearing Closed: 7/11/2018 c.Date Of Issuance: 8/9/2018
8.Final Approved Plans and Other Documents
a.Plan Title: b.Plan Prepared by: c.Plan Signed/Stamped by: d.Revised Final Date: e.Scale:
TOWN OF'NORTH
ANDOVER TOWN OF NORTH
NONE 2018 NONE
RESOURCE AREA ANDOVER
SITE MAP
i
B.Findings
I.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. hi Public Water Supply b. r Land Containing Shellfish c.W Prevention of Pollution
i
d. r Private Water Supply e. W Fisheries f. W Protection of Wildlife Habitat
g. W Ground Water Supply h, 1v Storm Damage Prevention i. W Flood Control
Page I of I I *ELECTRONIC COPY
Massachusetts Department of Environinental Provided by Massl)EP:
Protection MassDEP File#:242-1737
Bureau of Resource Protection-Wetlands eDEPTransaction#:102&101
WPA Form 5 -Order of Conditions City/Town:NORTI-I ANDOVER
Massachusetts Wetlands Protection Act M.G.1— c. 131, §40
2.Commission hereby finds the project,as proposed,is:
Approved subject to:
a.V?The following condition-,which are necessary in accordance with theP erformance standards set forth in the
wetlands regulations.This Commission orders that all work shall be performed in accordance with the Notice of
Intent referenced above,the following General Conditions,and any other special conditions attached to this
Order.To the extent that the following conditions modify or differ from the plans,specifications,or other
proposals submitted with the Notice of Intent,these conditions shall control.
Denied because:
b.r-The proposed work cannot be conditioned to meet the performance standards set forth in the wetland regulations.
Therefore,work on this project may not go forward unless and until a new Notice of Intent is submitted which
provides measures which are adequate to protect interests of the Act,and a final Order of Conditions is issued.A
description of the performance standards which the proposed work cannot meet is attached to this
Order.
c.1—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,ry Buffer Zone Impacts:Shortest distance between limit of project disturbance and the wetland 0
resource area specified in 3 1 OCMR I 0.02(l)(a). a.linear feet
Inland Resource Area Impacts:(For Approvals Only):
Resource Area Proposed Permitted Proposed Permitted
Alteration Alteration Replacement Replacement
---------- —------
4. r Bank
a. linear feet b,linear feet c. linear feet d.linear feet
5.C-" Bordering Vegetated Welland
a, square feet b.square feet c.square feet d. square feet
6, r Land under Waterbodies and Waterways
a.square feet b,square feet c. square feet d.square feet
e,c/y dredged f,c/y dredged
7.r Bordering Land Subject to Flooding
a. square feet b. square feet c. square feet d.square feet
Cubic Feet Flood Storage c.cubic feet f, cubic feet g.cubic feet Fi.—cubic feet
8.r Isolated Land Subject to Flooding
a.square feet b.square feet
Cubic Feet Flood Storage
Page 2 of 11 *ELECTRONIC COPY
Massachusetts Department of Environmental Provided by MassDEP:
Protection MassDEP rile 4:242-1737
Bureau of Resource Protection-Wetlands eDEP Transaction :102101
WPA,Form S-Order of Conditions city�lown��rc�ItTt1 ANDOVER
Massachusetts Wetlands Protection Act M.C.L. c. 131, §40
c. cubic feet d.cubic feet c. cubic feet f.cubic feet
9.r Riwerfrorat Area
a.total sq.feet b.total sq.feet 1
Sq ft within 100 ft
c. square feet d.square feet e. square feet f.square feet
Sq ft between 1.00-200 ft
g.square feet h.square feet i.square feet j. square feet
Coastal Resource Area Impacts.
Proposed. Permitted Proposed. Permitted
Resource Area Alteration Alteration Replacement Replacement
Io.r Designated.Port Areas Indicate size under Land Under the Ocean,below
11.1`"Land Under the Ocean
a.square feet b.square feet
c.c/y dredged d.c/y dredged
12.r Barrier Beaches Indicate size under Coastal Beaches and/or Coastal Dunes below
13.t—Coastal Beaches _
a.square feet b.square feet c.c/y nourishment d. c/y nourishment
14.r Coastal Dunes
a. square feet b.square feet c. c/y nourishment d.c/y nourishment
15.r Coastal Banks
a. linear feet b. linear feet
16.r Rocky Intertidal Shares
a.square feet b.square feet
17.r—Salt Marshes
a.square feet b. square feet c. square feet d.square feet
18.r Land Under Salt Ponds
a. square feet b.square feet
c.c/y dredged d.c/y dredged
19.r Land Containing Shellfish
a.square feet b.square feet c. square feet d.square feet
Indicate size under Coastal Banks,inland Bank,Land Under the
20.r Fish Runs Ocean,and/or inland Land Under Waterbodies and Waterways,
above
c.c/y dredged d.c/y dredged
2 i r Land Subject to Coastal Storm Flowage
a. square feet b.square feet
Page 3 of I I ELECTRONIC COPS'
Massachusetts.Department of Environmental Provided byMassDEP:
Protection. MassDEP File 4:242-1737
Bureau of Resource Protection-Wetlands cDEP'I'ransaction##:1028101
WPA Form 5-Order of Conditions cityCrown:lvc�ztTllAl�i�t:�v�.lt
Massachusetts Wetlands Protection Act M.Ga L c 131, §40 t
___.-._._--_.
22.
1-" Restoration/Enhancement(For Approvals Only)
If the project is for the purpose of restoring or enhancing a wetland resource area in addition to the square footage
that has been entered in Section B.5.c&d or B.17.c&d above,please entered the additional amount here.
a.square feet of BV W b. square feet of Salt Marsh
23.
r Streams Crossing(s)
If the project involves Stream Crossings,please enter the number of new stream crossings/number of replacement
stream crossings. 1
a,number of new stream crossings b.number of replacernent stream
crossings
C. General Conditions Under Massachusetts Wetlands Protection Act
The hollowing 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(foes not exceed
the issuance date of the original Final Order of Conditions,
7. Any fill used in connection with this project shall be clean fill. Any fill shall contain no trash,refuse,rubbish,
or debris,including but not limited to lumber,bricks,plaster,wire,lath,paper,cardboard,pipe,tires,ashes,
refrigerators,motor vehicles,or parts of any of the foregoing.
8. This Order is not final until all administrative appeal periods from this Order have elapsed,or if such an appeal
has been taken,until all proceedings before the Department have been completed.
9. No work shall be undertaken until the Order has become final and then has been recorded in the Registry of
Deeds or the Land Court for the district in which the land is located,within the chain of title of the affected
property.In the case of recorded land,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
Page 4 of 11 *ELECTRONIC COPY
Massachusetts Department of Environmental Provided by MassDEP:
Protection MassDEP File#:242-1737
Bureau of Resource Protection-Wetlands eDEP Transaction#:1028101
)WA Form 5-Order of Conditions City/Town:NORTHANDOVER
Massachusetts Wetlands Protection Act M.G.L. c. 131, §40
the words,
"Massachusetts Department of Environmental Protection"
[or'MassDEP"]
File Number:"242-1737"
11. Where the Department of Environmental Protection is requested to issue a Superseding Order,tine
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. 'Fixe work shall conform to the plans and special conditions referenced in this order.
14. Any change to the plans identified in Condition#1.3 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 shal
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 it)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,tine 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 CON'1 ROL AND MAINTENANCE Rl,QUIREMENTS
19. The work associated with this Order(the"Project")is(I) W is not(2)r subject to the Massachusetts
Stormwater Standards.If the work is subject to Stormwater Standards,then the project is subject to the
following conditions;
a) All work,including site preparation,land disturbance,construction and redevelopment,shall be implemented
in accordance with the construction period pollution prevention and erosion and sedimentation control plan
and,if applicable,the Stormwater Pollution Prevention Plan required by the National Pollutant Discharge
Elimination System Construction General Permit as required by Stormwater Standard 8. Construction period
erosion,sedimentation and pollution control measures and best management practices(BMPs)shall remain
in place until the site is fully stabilized.
b) No stormwater runoff may be discharged to the post-construction stormwater BMPs unless and until a
Registered Professional Engineer provides a Certification that:i. all construction period BMPs have been
removed or will be removed by a date certain specified in the Certification.For any construction period
BMPs intended to be converted to post construction operation for stormwater attenuation,recharge,and/or
treatment,the conversion is allowed by the MassDEP Stormwater Handbook BMP specifications and that the
BMP has been properly cleaned or prepared for post construction operation,including removal of all
construction period sediment trapped in inlet and outlet control structures;fi_as-built final construction
Page 5 of 11 *ELECTRONIC COPY
Massachusetts Department of Environmental Provided by MassDEP:
Protection MassDEP File#:242-1737
Bureau of Resource Protection-Wetlands eD'p P Transaction It:1028 101
WYE Form 5-Order of Conditions City/Town:NORTI-1 ANDOVER
Massachusetts Wetlands Protection Act M.G.L.e. 13 1, §40
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 hallowing: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 flan required by the National Pollutant Discharge Elimination System Multi-Sector
General Permit,
e) Unless and until another party accepts responsibility,the landowner,or owner of any drainage easement,
assumes responsibility for maintaining each BMP.To overcome this presumption,the landowner of the
property must submit to the issuing authority a legally binding agreement of record,acceptable to the issuing
authority,evidencing that another entity has accepted responsibility for maintaining the BMP,and that the
proposed responsible party shall be treated as a permittee for purposes of implementing the requirements of
Conditions 19(f)through 19(k)with respect to that BMP.Any failure of the proposed responsible party to
implement the requirements of Conditions 19(f)through 19(k)with respect to that BMP shall be a violation
of the Order of Conditions or Certificate of Compliance, In the case of stormwater BMPs that are serving
more than one lot,the legally binding agreement shall also identify the lots that will be serviced by the
stormwater BMPs.A plan and easement deed that grants the responsible party access to perform the required
operation and maintenance must be submitted along with the legally binding agreement,
f) The responsible party shall operate and maintain all stormwater BMPs in accordance with the design plans,
the O&M Plan,and the requirements of the Massachusetts Stormwater Handbook.
g) The responsible party shall:
1.Maintain an operation and maintenance log for the last three(3)consecutive calendar years of
inspections,repairs,maintenance and/or replacement of the stormwater management system or any part
thereof,and disposal(for disposal the log shall indicate the type of material and the disposal location);
2.Make the maintenance log available to MassDEP and the Conservation Commission("Commission")
upon request;and t
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.
It) 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
j) The stormwater management system approved in the Order of Conditions shall not be changed without the
prior written approval of the issuing authority.
Page 6 of I 1 *ELECTRONIC COPY
Massachusetts Department of Environmental Provided by MassDEP:
Protection MassDEP File 4:242-1737
Bureau of Resource Protection-Wetlands eDEP Transaction#:1028101
WPA Form 5-Order of Conditions City/Town:NORTIJ ANDOVER
Massachusetts Wetlands Protection Act M.G.L.c. 131, §40
..........
k) Areas designated as qualifying pervious areas for the purpose of the Low Impact Site Design Credit(as
defined in the MassDEP Storniwater Handbook,Volume 3,Chapter 1,Low Impact Development Site Design
Credits)shall not be altered without the prior written approval of the issuing authority.
1) Access for maintenance,repair,and/or replacement of BMPs shall not be withheld. Any fencing constructed
around stormwater BMPs shall include access gates and shall be at least six inches above grade to allow for
wildlife passage.
Special Conditions:
SEE NITACHED
Page 7 of I 1 ELECTRONIC COPY
Massachusetts Department of Environmental Provided byMassDEP:
Protection MassDEP File 4:242-1737
Bureau of Resource Protection-Wetlands eDEP Transaction#:1028101 J
WPA Form 5-Order of Conditions City/Town:NORTH ANDOVER
Massachusetts Wetlands Protection Act M.G.L. c. 131, §40
D.:Findings Under Municipal Wetlands Bylaw or Ordinance
i
l.Is a municipal wetlands bylaw or ordinance applicable?w Yes F No
2.The Conservation Commission hereby(clieck one that apLlies):
a.r DENIES the proposed work which cannot be conditioned
to meet the standards set forth in a municipal ordinance
or bylaw specifically:
1.Municipal Ordinance or Bylaw 2. Citation
Therefore,work on this project may not go forward unless and until a revised Notice of Intent is submitted which
provides measures which are adequate to meet these standards,and a final Order or Conditions is issued.Which
are necessary to comply with a municipal ordinance or bylaw:
b.ro APPROVES the proposed work,subject to the following
additional conditions,
NORTH ANDOVER
1.Municipal Ordinance or Bylaw WETL ANDS 2. Citation CHAPTER 178
p y PROTECTION
BYLAW
3 The Commission orders that all work shall be performed in accordance with the following conditions and with the
Notice of Intent referenced above.To the extent that the following conditions modify or differ from the plans,
specifications,or other proposals submitted with the Notice of Intent,the conditions shall control.
The special conditions relating to municipal ordinance or bylaw are as follows:
SEE ATTACHED
i
Page 8 of 1 I *ELECTRONIC COPY
Massachusetts Department of Environmental Provided by MassDEP:
Protection
MassDEP File 4:242-1737
cDEP Transaction#:10 28 101
Bureau of Resource Protection-Wetlands Cityffown:NORTH ANDOVER
WPA Form 5-Order of Conditions
Massachusetts Wetlands Protection Act M.G.L.c. 131, §40
............ ------- ............
E. Signatures
This Order is valid for three years from the date of issuance,unless otherwise
specified pursuant to General Condition 44. If this is an Amended Order of -- OL al
Conditions,the Amended Order expires on the same date as the original Order of 1.D4ate 'Orig a]Order
Conditions. I/)
Please indicate the number of members who will sign this form.This Order must
be signed by a majority of the Conservation Commission. 2.Number of Signers
The Order must be mailed by certified mail(return receipt requested)or hand delivered to the applicant.A copy also
must be mailed or hand delivered at the same time to the appropriate Department of Environmental Protection
Regional Office,if not filing electronically,and the property owner,if different from applicant,
Signatures:
................
-------------
..............
by hard ilry r I b -certified, -, I -mail,return.. . receipt-requested,.-on
4
Date Date
F.Appeals
The applicant,the owner,any person aggrieved by this Order,any owner of land abutting the land subject to this Order,
or any ten residents of the city or town in which such land is located,are hereby notified of their right to request the
appropriate MassDEP Regional Office to issue a Superseding Order of'Conditions.The request must be made by
certified mail or hand delivery to the Department,with the appropriate filing fee and a completed Request for
Departmental Action Fee Transmittal Form,as provided in 31.0 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 Provided by MassDEP:
Protection MassDEP File#:242-1737
Bureau of Resource Protection-Wetlands cDEP Transaction#;1028101
WPA Form 5-Order of Conditions City/Town:NORTH ANDOVER
Massachusetts Wetlands Protection Act M.G.L.c. 131, §40
........................ --------
(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.
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:
VARIOUS STREETS 242-1737
Project Location MassDEP File Number
Has been recorded at the Registry of Deeds of:
County Book Page
for:
Property Owner
and has been noted in the chain of title of the affected property in:
Book Page
In accordance with the Order Of Conditions issued on:
Date
If recorded land,the instrument number identifying this transaction is:
Instrument Number
If registered land,the document number identifying this transaction is:
Document Number
Page 10 of 11 ELECTRONIC COPY
Massachusetts Department of Environmental Provided by MassDEP:
Protection MassDEP File 4:242-1737
Bureau of Resource Protection-Wetlands
eDEP Transaction 4:1028101
CityCTow+n:NCD.12`I"1I AND0VElt
WPA Form 5-Order of Conditions
Massachusetts Wetlands Protection Act.M.G.L.c. 131, §40
- _....
ft
1
Signature of Applicant —aFvao10
i
Page I 1 of 11 *ELECTRONIC COPY
DEP FILE #242-1737
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: routine maintenance activities on unspecified streets
throughout the Town of North Andover. Activities include Routine Removal of
Winter Sand, Routine Repair of Road Shoulder Erosion Rills, Routine Clearing of
Roadside Vegetation, Annual Paving and Sidewalk Repair Operations, and Routine
Maintenance of Roadside Drainage System as detailed in the June 2018 Interoffice
Memorandum,
21. The work shall conform to the following (except as noted in the remainder of this
document where revisions may be required):
Property Owner/Applicant: James Stanford
North Andover Division of Public Works
384 Osgood Street
North Andover, MA 01.845
Documents: General Permit for DPW General Maintenance
Activities
Dated: June 2018
From: James Stanford, Director-Division of Public
Works
Site Plans prepared by: Town of North Andover
Titled: Town of North Andover Resource Area Site Map
Dated: May 4, 2018
Letter from Division of Fish&Wildlife - NHESP
(attached)
Date: June 29, 2018
NHESP Tracking No.: 18-37821
22. The term"Applicant" as used in this Order of Conditions shall refer to the owner, any
successor in interest or successor in control of the property referenced in the Notice of
Intent, supporting documents and this Order of Conditions. The NACC shall be
notified in writing within 30 days of all transfers of title of any portion of property that
takes place prior to the issuance of a Certificate of Compliance.
242-1737,DPW General Maintenance special conditions 1 NACC 8/9/2018
DEP FILE #242-1737
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 1.0.00), the North Andover Wetland ByLaw and
Regulations, and may require any information, measurements, photographs,
observations, and/or materials, or may require the submittal of any data or
information deemed necessary by the NACC for that evaluation. Further, work shall
be halted on the site if the NACC, agent or DEP determines that any of the work is not
in compliance with this Order of Conditions. Work shall not resume until the NACC
is satisfied that the work will comply and has so notified the applicant in writing.
26. This Order does not relieve the permittee or any other person of the necessity of
complying with all other applicable federal, state or local statutes, ordinances, by-laws
or regulations. All work within Priority and Estimated Habitat shall be in
compliance with the requirements detailed in the attached and herein referenced
letter from the Division of Fish and Wildlife NHESP dated June 29, 2018.
27. The work authorized hereunder shall be completed within three years from the date of
this order.
28. This Order may be extended by the issuing authority for one but not more than two
periods of up to one year each upon application to the issuing authority at least thirty
days (30) prior to the expiration date of the Order (Refer to Section 8.3 of the North
Andover Wetland Regulations).
29. The NACC reserves the right to amend this Order of Conditions after a legally
advertised public hearing if plans or circumstances are changed or if new conditions
or information so warrant.
30. Where the Department of Environmental Protection (DEP) is requested to make a
determination and to issue a Superseding Order, the Conservation Commission shall
be a party to all agency proceedings and hearings before the Department.
242-1737,DPW General Maintenance special conditions 2 NACC 8/9/2018
DEP FILE #242-1737
31. This Order of Conditions is issued in addition to that issued under File Nos. 242-1456
(prior General Maintenance OOC). A Certificate of Compliance was issued on August
8, 2018.
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 1.0.53(e). In addition, the applicant has not exceeded the 5,000 s.f. allowance for
development within the Riverfront Area as allowed under 10.58(4)(d). 'Fotal project
alteration is 211 s.f.
33. The following wetland resource areas are affected by the proposed work: Potentially
all inland wetland resource areas identified as jurisdictional in the Massachusetts
Wetland Protection Act Regulations,310 CMR 10.02 (1) as well as those identified as
jurisdictional by the North Andover Wetlands Protection Bylaw C. 1.78.2. 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. As jurisdictional resource areas have not been identified in this application., the
applicant shall contact the North Andover Conservation Department to inspect all
proposed work areas to identify possible wetland resource areas prior to the start of
maintenance activities. Formal delineation of the wetland resources in proposed work
areas by a qualified professional may be required.
35. The NACC finds that the intensive use of the upland areas and buffer zone proposed
on this site will cause further alteration of the wetland resource areas. In order to
prevent any alteration of wetland resource areas a twenty five foot (25').No-
Disturbance Zone and a fifty foot (50") No-Construction Zone shall be established from
the edge of the adjacent wetland resource area except as follows: Areas currently
disturbed or developed, including (but not limited to) sidewalks, roadways, and
associated drainage. The Conservation Administrator and/or other agents of the
NACC do not have the authority to waive these setbacks as established under the local
bylaw. No disturbance of existing grade, soils or vegetation is permitted in the No-
Disturbance zone. (See Section 3.4 &Appendix F of the local Regulations).
36. This document shall be included in all construction contracts, subcontracts, and
specifications dealing with the work proposed and shall supersede any conflicting
contract requirements. The applicant shall assure that all contractors, subcontractors,
and other personnel performing the permitting work are fully aware of the permits
terms and conditions. Thereafter, the contractor will be held jointly liable for any
violation of this Order resulting from failure to comply with its conditions.
37. No alteration of wetland resource areas or associated buffer zones, other than that
approved in this Order, shall occur without prior approval from the Commission.
Appropriate mitigation and restoration may be required.
242-1737,D11W General Maintenance special conditions 3 NACC 8/9/2018
DEP FILE #242-1737
3€3. 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
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 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.
41. Prior to the start of work, the applicant shall contact the Conservation Office to inform
the department of the start date and location of each proposed project. An on-site
conference with an NACC representative, the contractor, and the applicant may be
required 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).
42. A sign shall be displayed at the site not less than two square feet or more than three
square feet in size bearing the words "Massachusetts DEP, File Number 242-1737."
43. Any other changes in the submitted plans caused by the applicant, another Board's
decision or resulting from this Order of Conditions must be submitted to the NACC
242-1737,DPW General Maintenance special conditions 4 NACC 8/9/2018
DEP FILE#242-1737
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 plants 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.
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. If necessary, wetland flagging shall be checked prior to start of construction and shall
be re-established where missing. All wetland flagging shall remain visible and
enumerated per the approved plan(s) throughout the life of the project and until a
Certificate of Compliance is issued so that erosion control measures can be properly
placed and wetland impacts can be monitored. The proposed limit of work shall be
shall be clearly marked with erosion controls or temporary fencing and shall be
confirmed by the NACC. Such barriers shall be checked and replaced as necessary
and shall be maintained until all construction is complete. Workers should be
informed that no use of machinery, storage of machinery or materials, stockpiling of
soil, or construction activity is to occur beyond this line at any time.
46. Where erosion controls are necessary, the applicant shall install a compost or bark
mulch filter sock (minimum 12"or other approved erosion control barrier) between all
construction areas and wetlands. The erosion control barrier will be properly installed
and placed as required by the NACC or its agent 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.
47. The applicant shall have on hand at the start of any soil disturbance, removal or
stockpiling, a minimum of an extra twenty (20') feet of approved erosion controls and
additional stakes for staking. Said erosion controls shall be used only for the control
j of emergency erosion problems and shall not be used for the normal control of
erosion.
I
242-1737,DPW General Maintenance special conditions 5 NACC 8/9/2018
DEP FILE # 242-1737
STORMWATER MANAGEMENT CONDITIONS
48. 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 Carder of Conditions, unless specifically approved in writing by the
Commission.
49. Water quality in down gradient resource areas 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.
DURING CONSTRUCTION
50. Dewatering activities are not proposed as part of the filing. No discharge of water is
allowed directly into an area subject to jurisdiction of the Wetlands Protection Act
and/or the North Andover Wetland Bylaw. If emergency de-watering requirements
arise, the applicant shall submit a contingency plan to the Commission for approval,
which provides for the pumped water to be contained in a settling basin, to reduce
turbidity prior to discharge into a resource area.
51. 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.
52. All exposed soil finish grade surfaces shall be immediately landscaped and stabilized,
or loamed, seeded and mulched, with a layer of mulch hay. All disturbed areas must
be graded, loamed and seeded prior to November 1St of each year. Outside of the
growing season, exposed soil finish grade surfaces shall be stabilized with a layer of
mulch hay or other stabilization method (as directed by the Conservation Department)
until climate conditions allow for seeding. During construction, any area of exposed
soils that will be left idle for more than 30 days shall be stabilized with a layer of
mulch hay or other means as directed by the NACC.
53. 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. 1
1
i
54. There shall be no stockpiling of soil or other materials within 100-feet of any resource
area unless agreed to by the NACC or its Administrator. Stockpiled materials shall be
stored within erosion controls.
242-1737,DPW General Maintenance special conditions 6 NACC 8/9/2018
DEP FILE #242-1737
55. All catch basins and any other stormwater inlets on the site or within 100 feet of the
project shall be protected by silt sacks to prevent sediment from entering the drainage
system. Silt sacks shall be maintained and regularly cleaned of sediments until all
areas associated with the work permitted by this order have been permanently
stabilized and the NACC or its agent has formally approved their removal. t
56. Washings from concrete trucks, or surplus concrete, shall not be directed to, any
drainage system or wetland resource area. If truck washing is necessary an area shall
be designated and. approved by the Conservation Department.
57. 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 ByI_,aw.
58. Accepted engineering and construction standards and procedures shall be followed in
the completion of the project.
59. During and after work on this project, there shall be no discharge or spillage of.fuel, or
other pollutants into any wetland resource area. If there is a spill or discharge of any
pollutant during any phase of construction the NACC shall be notified by the
applicant within one (1) business day. No construction vehicles are to be stored within.
100 feet of wetland resource areas, and no vehicle refueling, equipment lubrication, or
maintenance is to be done within 1.00 feet of a resource area.
AFTER CONSTRUCTION
CO. No underground storage of fuel oils shall be allowed on any lot within one-hundred
(100) feet of any wetland resource area. This condition shall survive this Order of
Conditions and shall run with the title of the property. This condition is issued under
the authority of the Town's Wetland protection ByLaw.
61.. Fertilizers utilized for landscaping and lawn care shall be slow release, low-nitrogen
type (< 5%),phosphorous free and shall not be used within 25 feet of a resource area.
Pesticides and herbicides shall not be used within 1.00 feet of a wetland resource area.
This condition shall survive this Order of. Conditions and shall run with the title of the
property. This condition is issued under the authority of the Town's Wetland
Protection ByLaw and shall survive the issuance of a.Certificate of Compliance.
242-1737,DPW General Maintenance special conditions 7 NACC 8/9/2018
DEP FILE #242-1737
62. There shall be no dumping of leaves, grass clippings, brush, or other debris into a
wetland.resource area or beyond the No-Disturbance Zone demarcated by the fence
and wetland markers. This condition shall survive the issuance of a Certificate of
Compliance.
63. 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 MRCS standards. Stabilization will be considered
complete once full vegetative cover has been achieved.
64. Upon approved site stabilization by Conservation staff, the erosion controls shall be
removed and properly disposed of and all exposed unvegetated areas shall be seeded.
65. Upon completion of each maintenance activity the applicant shall provide a summary
report of the work done and contact the Conservation Department for a post-
construction inspection.
66. The following special conditions shall survive the issuance of a Certificate of
Compliance (COC) for this project:
y A 25' No-Disturbance Zone and a 50' No-Construction.Zone shall be
established from the edge of adjacent wetland resource areas on lot except in
those locations approved under DET' # 242-1.737. 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;
Discharge or spillage of pollutants (Condition #59);
i
Prohibition of underground fuels (Condition#60);
i
1
Y limitations on the use of fertilizers, herbicides, and pesticides (Conditions
#61);
Prohibition of dumping of leaves, grass clippings, brush, or other debris
(Condition#62).
242-1737,DPW General Maintenance special conditions 8 NACC 8/9/2018
I)EP FILE # 242-1737
APPENDIX A-AFFIDAVIT
—----------- on oath do hereby depose and state:
(authorized agent applicant and/or current owner)
(PLEASE CHECK AT LEAST ONE BLOCK)
1. 1 am the of
(position with applicant) (applicant name or company name)
the applicant upon whom Order of Conditions
have been placed upon by (DEI'or NACC number)
the North Andover Conservation Commission.
&/or
2._....._...... I am the of
(position with owner) (owner name)
the owner upon whose land Order of Conditions
have been placed up by (DEP or NACC number)
the North Andover Conservation Commission.
3. 1 hereby affirm and acknowledge that I have received said Order of Conditions
and have read the same and understand each
(DEP File#) and every condition which has been set forth
in said Order of Conditions.
4. 1 hereby affirm and acknowledge that on this—day of 20
1 inspected said property together with any and all improvements which have
been made to the same and hereby certify that each and every condition set
forth in Order of Conditions are presently in compliance,
(DEP File#)
5. 1 hereby affirm and acknowledge that this document will be relied upon by the
North Andover Conservation Commission as well as any potential buyers of
said property which is subject to said Order of Conditions
...........
(DEP File#)
Signed under the pains and penalties of perjury this__day of 20..
(Signature-authorized agent of applicant or owner)
242-1737,DPW General Maintenance special conditions 9 NACC 8/9/2018
DIVISION OF
FISHERIES &WIL.DL,IFE
ii
1 Rabbit Niii Rawl,Westborough,MA 01581
p:(SOB)389.6300 16:(508)389-7890
MASS.G0VfMASSWILDLIFE
MASSWILDLIFE
June 29,2018
James Stanford
North Andover Department of Public Works
384 Osgood Street
North Andover, MA 01845
North Andover Conservation Commission
120 Main Street
North Andover, MA 01845
RE: Applicant: James Stanford, North Andover Department of Public Works
Project Description: Generic Notice of Intent for Maintenance Activities
DEP Wetlands File No.: 242-1737
NHESP Tracking No.: 18-37821
Dear Applicant&Commissioners:
The Natural Heritage & Endangered Species Program (NHESP) of the Massachusetts Division of Fisheries &
Wildlife (the Division) has received the "Notice of Intent Application (NO[) General Permit for DPW General
Maintenance Activities" (dated June 2018) with supporting materials in compliance with the rare wildlife
species section of the Massachusetts Wetlands Protection Act Regulations (WPA, 310 CMR 10.58 (4)(b) &
10.59).
The Division has reviewed the NOI (Proposed Activities)and herein provides the following comments relevant
to the WPA and the Massachusetts Endangered Species Act (MESA, 321 CMR 10.00). Please note that
portions of the proposed work/activities are exempt from review (321 CMR 10.14) while other portions
require a formal filing pursuant to the MESA. The comments below apply ONLY to activities located within
Priority and Estimated Habitat:
---------------
Activity(as listed in the submitted Generic NOl) WPA MESA
Routine Removal of Winter Sand from Roadway Surfaces Exempt
and Shoulders No Adverse provided Req. 2
Routine Repair of Road Shoulder Erosion No Adverse Exempt
provided Req.2
--------------
Exempt
Routine Clearing of Roadside Vegetation No Adverse provided Req.2
Catch Basin, Drain Pipe,Swale, Drainage Ditches,
Sediment Forebay,Settling Pools,Water Quality Swales,
Storm Water Structures, Riprap Channels, Rock Aprons, No Adverse Exempt
provided Req. 1
Splash Pads, Plunge Pools:
Maintenance/Repair/Replacement/Cleaning
I
MASSWIL.DLIFE
�
�
1
All Culvert and Head Wall Maintenance, Cleaning, Repair, Additional Info. MESA Review
and Replacement Required
Annual Paving and Sidewalk Repair Operations No Adverse Exempt
provided Req. 2
Vegetation Cutting for Road Safety Maintenance No Adverse Exempt
provided Req. 2
Installation, Repair, Replacement,or Removal of Signs and No Adverse Exempt
Signals provided Req.2
�
Requirements
1. Activity must be associated with the repair, replacement or maintenance of existing, properly
maintained stormwater detention basins or other stormwater management systems
------------------
2. Activity must be within 4ft of a paved traveled lane and not resulting in an increase of pavement.
Any work outside 4ft from the traveled lane,or increase in pavement will require a MESA filing.
If any of the proposed maintenance activities are located within Priority Habitat and do not qualify under the
aforementioned exemptions from review, then a [onna) filing pursuant to the MESA is required (321 CIVID
1818). To obtain a MESA Project Review Checklist see our website: ('Regulatory
Review" tab). |fthe Town is unclear whether e project is exempt pursuant to the MESA, please contact the
Division for guidance.
No further review pursuant to 321 CMR 10.18 and 310 CMM 10.58(4)(b) & 10S9 is required for work
proposed outside ofPriority or Estimated Habitat.
The Town of North Andover may bundle together all projects that require review or all projects of a particular
activity type into u single MESA filing. If you have any questions regarding this letter please contact David J.
Paulson, Senior Endangered Species Review Biologist, at (508) 389'6366 or via email at
Sincerely,
71-o��, -,X't�L
Thomas W. French, Ph.D.
Assistant Director
cc: DEP Northeast Regional Office,Wetlands Program